alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

KEVIN M. TAYLOR,

Plaintiff,

vs. Case No. 5:09cv304/RS/MD

B. GORDAN, et al.,

Defendants.

O R D E R

This cause is before the court upon plaintiff filing a civil rights complaint under 42

U.S.C. § 1983. (Doc. 1). Plaintiff has neither paid the $350.00 filing fee nor applied for

leave to proceed in forma pauperis. Plaintiff’s case cannot proceed until he either pays the

filing fee or files a complete application for leave to proceed in forma pauperis. A complete

application includes a motion with supporting affidavit, a prisoner consent form and a

financial certificate with account attachments (a printout of the transactions in plaintiff’s

inmate trust account for the six-month period immediately preceding the filing of the

complaint). 

Accordingly, it is ORDERED:

1. The clerk shall send plaintiff a form application for leave to proceed in forma

pauperis. This case number shall be written on the form.

2. Within thirty (30) days from the date of this order, plaintiff shall either pay the

$350.00 filing fee in full, or file a complete application for leave to proceed in forma

pauperis. Failure to do so will result in a recommendation that this case be dismissed for

failure to prosecute and failure to comply with an order of the court.

DONE AND ORDERED this 14 day of September, 2009.

th

 /s/ Miles Davis

MILES DAVIS

UNITED STATES MAGISTRATE JUDGE
#### STATE v. CARRINGTON

No. 51 PC.

Case below: 35 N.C. App. 53.

Petition by defendant for discretionary review under G.S. 7A-31 denied 4 April 1978. Motion of Attorney General to dismiss appeal for lack of substantial constitutional question allowed 4 April 1978.
<PAGE>

                                                                   EXHIBIT 32.1


                           CERTIFICATIONS PURSUANT TO
                               18 U.S.C. ss. 1350,
                             AS ADOPTED PURSUANT TO
                    ss. 906 OF THE SARBANES-OXLEY ACT OF 2002


         In connection with the Annual Report on Form 10-KSB of SulphCo, Inc.
(the "Company") for the annual period ending December 31, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), Rudolf W.
Gunnerman, Chief Executive Officer of the Company, and Pat Lacy, Controller,
Treasurer, and Principal Financial and Accounting Officer of the Company, each
hereby certifies, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906
of the Sarbanes-Oxley Act of 2002, to the best of his knowledge, that:

         (1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934;
and

         (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.



/s/ Rudolf W. Gunnerman
-----------------------
Rudolf W. Gunnerman
Chief Executive Officer

March 26, 2004



/s/ Pat Lacy
-----------------------
Pat Lacy
Controller, Treasurer,
and Principal Financial
and Accounting Officer

March 26, 2004


         This certification accompanies this Report pursuant to ss. 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of ss.
18 of the Securities Exchange Act of 1934, as amended.
**Exhibit 3.7**

 

**AMENDMENT NO. 3 TO**

 

**AMENDED AND RESTATED BYLAWS**

 

**OF AUTOBYTEL INC.**

 

Section 3.03 of Article III of the Amended and Restated Bylaws of Autobytel Inc. is hereby amended in its entirety to read as follows: 

 

“Section 3.03 ELECTION OF DIRECTORS. The directorsshall be elected by the stockholders of the Corporation, and at each election the persons receiving the greatest number of votes, up to the number of directors then to be elected, shall be the persons then elected. The election of directors issubject to any provisions contained in the Certificate of Incorporation relating thereto, including any provisions for a classified board. 

 

Except as provided in Sections 3.04 and 3.05 of these Bylaws, at each annual meeting of stockholders, the successor nominee directors tothe directors whose term will then expire will be elected to serve from the time of election and qualification until the third annual meeting following election.
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

JOSHUA S. FRIEBEL and 

ELIZABETH F. FRIEBEL,

husband and wife,

Plaintiffs,

vs. CASE NO. 5:10-cv-120/RS-CJK

PARADISE SHORES OF BAY COUNTY,

LLC, a Florida limited liability company;

ROBERT E. BLACKERBY, an individual;

MAGNUM CAPITAL, LLC, a Florida limited

liability company; DURDEN ENTERPRISES

II, INC., a Delaware corporation; DURDEN

ENTERPRISES, LLC, a Florida limited

liability company; ESTATE OF KEDRICK

EARL DURDEN; MICHAEL EARL DURDEN,

as Personal Representative of the Estate of

Kedrick Earl Durden; and MH I, LLC, a Florida

limited liability company, 

Defendants.

_________________________________________/

ORDER

Plaintiff shall respond to Defendant’s Motion to Strike (Doc. 269) not later than 

May 31, 2011. To be clear, the Order (Doc. 242) which instructed the parties to 

supplement their motions for summary judgment did not alter the discovery deadline or 

the requirements for disclosure of expert testimony contemplated by Rule 26(a)(2). 

ORDERED on May 25, 2011.

/S/ Richard Smoak 

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE

Case 5:10-cv-00120-RS-CJK Document 271 Filed 05/25/11 Page 1 of 1
[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

________________________ No. 18

- 14676 Non

- Argument Calendar

________________________ D.C. Docket No. 8:18

- cr - 00132

- CEH

- TGW

- 5

UNITED STATES OF AMERICA, Plaintiff

- Appellee,

versus RODDY LEONARDO MERO ESPINAL,
Defendant

- Appellant.

________________________ Appeal from the United States District Court for the Middle District of Florida

________________________ (August 15, 2019) Before TJO FL AT , JORDAN and JILL PRYOR Circuit Judges

. PER CURIAM :

Case: 18-14676 Date Filed: 08/15/2019 Page: 1 of 22 The G overnment ’ s motion to dismiss this appeal pursuant to the appeal waiver in Appellant’ s plea agreement is GRANTED. See United States v. Bushert , 997 F.2d 1343, 1350

- 51 (11th Cir. 1993) (sentence appeal waiver will be enforced if it was made knowingly and voluntarily); United States v. Grinard

- Henry , 399 F.3d 1294, 1296 (11th Cir. 2005) (waiver of the right to appeal includes waiver of the right to appeal difficult or debatable legal issues or even blatant error)

.

Case: 18-14676 Date Filed: 08/15/2019 Page: 2 of 2
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

EUGENE C. WILLIAMS and )

LYNNE M. WILLIAMS, )

)

Appellants, )

)

v. ) Case No. 2D17-1964

)

IBERIABANK; PRISCILLA A. SEARCY )

A/K/A PRICILLA A. SEARCY; and )

BRIGHTWATER COVE HOMEOWNERS )

ASSOCIATION, INC., )

)

Appellees. )

___________________________________)

Opinion filed May 1, 2019.

Appeal from the Circuit Court for Pinellas

County; Walt Logan, Senior Judge.

Mark P. Stopa of Stopa Law Firm, LLC, 

Tampa (withdrew after briefing); Latasha 

Scott of Lord Scott, PLLC, Tampa 

(withdrew after briefing); Richard J. 

Mockler of Stay In My Home, P.A., St. 

Petersburg (withdrew after briefing); 

Christopher Hixson of Athena Law, PLLC, 

Largo (substituted as counsel of record), 

for Appellants.

Melissa A. Campbell of Jones Walker, 

LLP, Miami, for Appellee IberiaBank

No appearance for remaining Appellees.
- 2 -

PER CURIAM.

Affirmed. 

SILBERMAN, VILLANTI, and SMITH, JJ., Concur.
[Federal Register Volume 72, Number 231 (Monday, December 3, 2007)]
[Notices]
[Page 67965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5898]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993--IMS Global Learning Consortium, Inc.

    Notice is hereby given that, on October 18, 2007, pursuant to 
section 6(a) of the National Cooperative Research and Production Act of 
1993, 15 U.S.C. 4301, et seq. (``the Act''), IMS Global Learning 
Consortium, Inc. has filed written notifications simultaneously with 
the Attorney General and the Federal Trade Commission disclosing 
changes in its membership. The notifications were filed for the purpose 
of extending the Act's provisions limiting the recovery of antitrust 
plaintiffs to actual damages under specified circumstances. 
Specifically, Icodeon Ltd., Cambridge, UNITED KINGDOM; Korea Education 
& Research Information Service (KERIS), Seoul, REPUBLIC OF KOREA; 
National Association of College Stores (NACS), Oberlin, OH; TIDIA Ae 
FAPESP Project, Sao Paulo, BRAZIL; and UOC--Universitat Oberta de 
Catalunya, Barcelona, SPAIN have been added as parties to this venture. 
Also, Apple Computer, Cupertino, CA has withdrawn as a party to this 
venture.
    No other changes have been made in either the membership or planned 
activity of the group research project. Membership in this group 
research project remains open, and IMS Global Learning Consortium, Inc. 
intends to file additional written notifications disclosing all changes 
in membership.
    On April 7, 2000, IMS Global Learning Consortium, Inc. filed its 
original notification pursuant to section 6(a) of the Act. The 
Department of Justice published a notice in the Federal Register 
pursuant to section 6(b) of the Act on September 13, 2000 (65 FR 
55283).
    The last notification was filed with the Department on August 7, 
2007. A notice was published in the Federal Register pursuant to 
section 6(b) of the Act on September 11, 2007 (72 FR 51840).

Patricia A. Brink,
Deputy Director of Operations, Antitrust Division.
[FR Doc. 07-5898 Filed 11-30-07; 8:45 am]
BILLING CODE 4410-11-M
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

WILLIE FRED BAUCHAM, 

Plaintiff,

v. CASE NO. 4:10-cv-00263-MP-WCS

MIKE MOCK, SHERIFF,

et al.,

Defendants.

_____________________________/

O R D E R

This matter is before the Court on Doc. 63, Motion to Compel by Jim Watkins. 

Defendant Watkins moves the Court for an order compelling plaintiff to respond to his

request for production and for such other relief as the Court deems appropriate,

including, but not limited to, an award of costs and attorney’s fees incurred in bringing

this matter before the Court. Defendant Watkins acknowledges that the plaintiff has

responded to his interrogatories and the request for production of a co-defendant but

has not responded to his request for production.

The plaintiff has responded and states that on November 23, 2011, he served his

response to defendant Watkins request for production. The plaintiff also states that the

delay in producing the documents, which were the same as those produced in response

to the co-defendant’s request for production, was due to an inadvertent oversight. 

Furthermore, the plaintiff states that his failure to respond to defendant Watkins’s

communications were due to the departure of one of his staff members. However, since

the response to defendant Watkins request for production was provided after the motion

was filed, the plaintiff shall pay defendant Watkins’s reasonable expenses incurred in

Case 4:10-cv-00263-MP-WCS Document 68 Filed 12/02/11 Page 1 of 2
Page 2 of 2

making the motion, including attorney's fees, pursuant to Rule 37(a)(5)(A) of the Federal

Rules of Civil Procedure.

Accordingly, it is now ORDERED as follows:

1. Defendant Watkins’s motion to compel, Doc. 63, is DENIED as moot.

2. The plaintiff shall pay defendant Watkins’s reasonable expenses incurred

in making the motion, including attorney's fees.

3. The defendant shall file a request for all reasonable expenses incurred in

making the motion, including attorney's fees, on or before December 16,

2011.

DONE AND ORDERED this 2nd day of December, 2011. 

áBZtÜç eA ]ÉÇxá 

GARY R. JONES

United States Magistrate Judge

Case No: 1:96-cr-00020-MP-AK-4

Case 4:10-cv-00263-MP-WCS Document 68 Filed 12/02/11 Page 2 of 2
1 

No. 14-15-00586-CV 

In the Court of Appeals 

for the Fourteenth Judicial District 

Houston, Texas

FAIRFIELD INDUSTRIES, INC. D/B/A FAIRFIELDNODAL,

Appellant, 

v. 

EP ENERGY E&P COMPANY, L.P. F/K/A EL PASO E&P COMPANY, L.P., 

Appellee.

On Appeal from the 157th District Court 

Harris County, Texas 

Trial Court Cause No. 2014-11062 

APPELLANT’S NOTICE OF APPEARANCE OF COUNSEL AND 

DESIGNATION OF LEAD COUNSEL

TO THE HONORABLE FOURTEENTH COURT OF APPEALS: 

Pursuant to TEX. R. APP. P. 6, Appellant, Appellant Fairfield Industries, Inc. 

d/b/a FairfieldNodal, files this Notice of Appearance of Counsel and Designation of 

Lead Counsel on appeal as follows: 

1. Appellant designates the following attorneys of the law firm of 

Sutherland Asbill & Brennan LLP, as counsel on appeal: 

ACCEPTED

14-15-00586-CV

FOURTEENTH COURT OF APPEALS

HOUSTON, TEXAS

7/17/2015 5:10:23 PM

CHRISTOPHER PRINE

CLERK

 FILED IN 14th COURT OF APPEALS HOUSTON, TEXAS 7/17/2015 5:10:23 PM CHRISTOPHER A. PRINE Clerk
2 

Sean D. Jordan 

 State Bar No. 00790988 

sean.jordan@sutherland.com 

Kent C. Sullivan 

 State Bar No. 19487300 

kent.sullivan@sutherland.com 

Danica L. Milios 

 State Bar No. 00791261 

danica.milios@sutherland.com 

Peter C. Hansen 

 State Bar No. 24066668 

peter.hansen@sutherland.com 

SUTHERLAND ASBILL & BRENNAN LLP 

600 Congress Ave., Suite 2000 

Austin, Texas 78701 

[Tel.] (512) 721-2679 

[Fax] (512) 721-2656 

2. Pursuant to TEX. R. APP. P. 6.1, Appellant hereby designates Sean D. 

Jordan as lead counsel on appeal. 

3. Appellant respectfully requests that the Court and other counsel in this 

case note this designation and send all further correspondence, orders, or other 

communications to the undersigned. 

 
3 

Respectfully submitted, 

/s/ Sean D. Jordan 

Sean D. Jordan 

 State Bar No. 00790988 

sean.jordan@sutherland.com 

Kent C. Sullivan 

 State Bar No. 19487300 

kent.sullivan@sutherland.com 

Danica L. Milios 

 State Bar No. 00791261 

danica.milios@sutherland.com 

Peter C. Hansen 

 State Bar No. 24066668 

peter.hansen@sutherland.com 

SUTHERLAND ASBILL & BRENNAN LLP 

600 Congress Ave., Suite 2000 

Austin, Texas 78701 

[Tel.] (512) 721-2679 

[Fax] (512) 721-2656 

COUNSEL FOR APPELLANT

 
4 

CERTIFICATE OF SERVICE

I hereby certify that on July 17, 2015, a true and correct copy of the foregoing 

document was served via eFile.TXCourts.gov, U.S. Certified Mail, return receipt 

requested, or by FedEx on the following: 

Mr. Thomas W. Paterson 

Mr. Robert S. Safi 

Ms. Abigail C. Noebels 

SUSMAN GODFREY L.L.P. 

1000 Louisiana, Suite 5100 

Houston, Texas 77002-5096 

tpaterson@susmangodfrey.com 

rsafi@susmangodfrey.com 

anoebels@susmangodfrey.com

Mr. James A. Porter 

Ms. S. Pilar Gravitt Grantham 

EP ENERGY

1001 Louisiana Street 

Houston, Texas 77002 

james.porter@epenergy.com 

pilar.grantham@epenergy.com

COUNSEL FOR APPELLEE

/s/ Sean D. Jordan 

Sean D. Jordan
# CA2010061EN.01001701.xml

| 12.3.2010 | EN | Official Journal of the European Union | CA 61/17 |
| --- | --- | --- | --- |

12.3.2010

EN

Official Journal of the European Union

CA 61/17

---

RESERVE LIST (1)

1

OPEN COMPETITION EPSO/AST/76/08

SOCIAL WELFARE ASSISTANTS (AST 1)

(2010/C 61 A/04)

| BERNROITNER | Anita, |
| --- | --- |
| DECLERCQ | Karel |
| DIEPENDAELE | Ann Hilde |
| ENGELMANN-PILGER | Niklas |
| LENGLET | Alan |
| STATTLER | Ursula |
| TORRES FRAILE | Ana Isabel |
| VANDE WALLE | Aenea |
| VANHOYE | Anne Maria |
| ZAGIBOVA | Danica |

BERNROITNER

Anita,

DECLERCQ

Karel

DIEPENDAELE

Ann Hilde

ENGELMANN-PILGER

Niklas

LENGLET

Alan

STATTLER

Ursula

TORRES FRAILE

Ana Isabel

VANDE WALLE

Aenea

VANHOYE

Anne Maria

ZAGIBOVA

Danica

The reserve list will be valid until 31 December 2011 and may be extended.

31 December 2011

---

(1)  A successful candidate may explicitly request her/his name not be published.

1

---
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

LESTER STEVEN GLENN,

Plaintiff,

v. CASE NO. 5:09cv296-RH/MD

WALTER McNEIL, et al.,

Defendants.

_______________________________/

ORDER OF DISMISSAL

This case is before the court on the magistrate judge’s report and

recommendation (document 8). No objections have been filed. Upon

consideration,

IT IS ORDERED:

The report and recommendation is ACCEPTED and adopted as the court’s

opinion. The clerk must enter judgment stating, “The complaint is DISMISSED

for failure to abide by an order of the court.” The clerk must close the file.

SO ORDERED on January 26, 2010.

s/Robert L. Hinkle 

United States District Judge
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-12-00552-CV

Texas Commission on Environmental Quality and 

Las Brisas Energy Center, LLC, Appellants

v.

Environmental Defense Fund, Inc.; Texas Clean Air Cities Coalition; 

Sierra Club; and Clean Economy Coalition, Appellees

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 261ST JUDICIAL DISTRICT

NO. D-1-GN-11-001364, HONORABLE STEPHEN YELENOSKY, JUDGE PRESIDING

M E M O R A N D U M O P I N I O N

Appellants have filed individual motions to dismissthe appeal. We grant the motions

and dismiss the appeal. See Tex. R. App. P. 42.1(a).

__________________________________________

David Puryear, Justice

Before Justices Puryear, Rose and Goodwin

Dismissed on Appellants’ Motions

Filed: August 21, 2013
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

RED MOUNTAIN BANK, N.A.,

Plaintiff,

vs. CASE NO. 5:10-cv-104/RS-EMT

TOP SHELF STORAGE II LLC,

et al.,

Defendants.

_________________________________________/

UORDER

The Clerk is directed to close this case. 

ORDERED on May 27, 2011

 /S/ Richard Smoak

 RICHARD SMOAK

 UNITED STATES DISTRICT JUDGE 

Case 5:10-cv-00104-RS-EMT Document 67 Filed 05/27/11 Page 1 of 1
Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

DONALD RAFAEL McCISKILL,

Plaintiff,

v. 3:09cv378-WS

WENDEL WHITEHURST, and 

WALTER McNEIL,

Defendants.

 

ORDER ADOPTING, IN PART, THE MAGISTRATE JUDGE’S

REPORT AND RECOMMENDATION

Before the court is the magistrate judge's report and recommendation (doc. 17)

docketed March 17, 2011. The magistrate judge recommends that the plaintiff's

amended complaint be dismissed for failure to state a claim. The plaintiff has filed no

objections to the magistrate judge's report and recommendation.

Among other things, the magistrate judge recommends dismissal of the

defendant, former Secretary Walter A. McNeil, because the plaintiff's amended

complaint fails to allege that McNeil himself participated in the alleged deprivation of the

plaintiff's constitutional rights. Because section 1983 does not permit recovery under a

theory of respondeat superior or vicarious liability, McNeil is indeed entitled to dismissal

from the plaintiff's action for failure to state a claim.

The magistrate judge also recommends dismissal of the action in its entirety
Page 2 of 3

because the plaintiff fails to allege that he suffered a physical injury in violation of 42

U.S.C. § 1997e(e) (providing that "[n]o Federal civil action may be brought by a prisoner

confined in a jail, prison, or other correctional facility, for mental or emotional injury

suffered while in custody without a prior showing of physical injury"). While

acknowledging that section 1997e(e) does not bar suits by prisoners who have not

alleged a physical injury if they seek nominal damages, the magistrate judge states that

"Plaintiff's complaint cannot be liberally construed as requesting nominal damages,

because he specifically requests only compensatory and punitive damages." In his

amended complaint, however, the plaintiff states that he seeks "$85,000 for the atypical

and significant hardship on Plaintiff . . . and any other relief [to which] Plaintiff is

entitled." Because the plaintiff's request for "any other relief" may be liberally construed

as requesting nominal damages, the case shall be returned to the magistrate judge for

further proceedings.

Accordingly, it is ORDERED:

1. The magistrate judge's report and recommendation is ADOPTED to the extent

it addresses the respondeat superior claim against the defendant, Walter A. McNeil. 

2. Walter A. McNeil is DISMISSED from this action.

3. The case is otherwise REMANDED to the magistrate judge for further

proceedings.

DONE AND ORDERED this 18th day of April , 2011.
Page 3 of 3

s/ William Stafford 

WILLIAM STAFFORD

SENIOR UNITED STATES DISTRICT JUDGE
# C_2009224EN.01000102.xml

| 17.9.2009 | EN | Official Journal of the European Union | C 224/1 |
| --- | --- | --- | --- |

17.9.2009

EN

Official Journal of the European Union

C 224/1

---

Non-opposition to a notified concentration

(Case COMP/M.5506 — Sabena Technics/TNT Airways/JV)

(Text with EEA relevance)

2009/C 224/02

On 4 August 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5506. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32009M5506. EUR-Lex is the on-line access to the European law.

---