alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 22-0162

_________________

STATE OF MONTANA,

 Plaintiff and Appellee,

 v.

JOHN CHRISTOPHER RYAN,

 Defendant and Appellant.

O R D E R

_________________

Appellant John Christopher Ryan appeals from the December 20, 2021 Judgment 

and Sentence of the Eleventh Judicial District Court, Flathead County. Ryan argues the 

District Court imposed an illegal sentence by ordering that his sentence run consecutive to 

a sentence in another case in Idaho that had not yet been imposed.

The State has filed a Notice of Concession that this matter should be remanded to 

the District Court for the purpose of striking the court’s imposition of a consecutive 

sentence because a sentencing court cannot order a defendant to serve a term of 

incarceration consecutive to a sentence that has not yet been imposed. State v. McGuire, 

260 Mont. 386, 388, 860 P.2d 148, 150 (1993).

Based on Ryan’s opening brief and the State’s concession, and good cause 

appearing,

IT IS HEREBY ORDERED that this case is remanded to the Eleventh Judicial 

District Court, Flathead County, with instructions for the District Court to strike from the 

December 20, 2021 Judgment and Sentence the phrase “to run consecutive to the pending 

Idaho matter.”

The Clerk is directed to provide copies of this Order to all counsel of record and to 

presiding judge Honorable Heidi J. Ulbricht.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

November 15 2023

11/15/2023

Case Number: DA 22-0162
_______________________________________ __ ___________________ ___________________ Michigan Supreme Court 

# Order

Lansing, Michigan

October 2, 2006 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh
Elizabeth A. Weaver Marilyn Kelly 130030(38) Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman,
Justices CAROL KRUSCHKE, Plaintiff-Appellee,

v SC: 130030 COA: 259601 Marquette CC: 03-040879-NH JAMES R. LOVELL, M.D., and JAMES R. LOVELL, M.D., P.C., Defendants-Appellants, and

MARQUETTE GENERAL HOSPITAL,
Defendant.

On order of the Chief Justice, the motio ns for adjournment of the oral argument and for immediate consideration are considered. Immediate consideration is GRANTED. The motion for adjournment of the oral argument is DENIED.

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

October 2, 2006

Clerk
Order entered March 3, 2020

In The 

### Court of Appeals Fifth District of Texas at Dallas
No. 05
- 19
- 01377
- CR JUSTIN LEE EVANS, Appellant

V. THE STATE OF TEXAS, Appellee On Appeal from the 292nd Judi cia l District Court

Dallas County, Texas Trial Court Cause No. F 19
- 24028
- V

O RDER
On January 23, 2020 , deputy official court reporter Karren K. Jones filed the four

- volume reporter’s record in this appeal

. Volume 4, the exhibit volume, contains photocop i es of the State’s Exhibit s 6 ( DVD of Officer Mohler ’ s d ash

c am) ; 7 ( DVD of Officer Molher ’ s body cam) ; 25 ( entitled “ jail video of the strip search ” ); 27 ( O fficer Dockter ’ s in

- car video); 28 (D VD of Officer Dockter ’ s body cam) ; and 56 (a

ppellant’s intervie w w ith Detective Tooke). A photocopy of a DVD or video does not provide this Court with anything to review . Therefore, we ORDER deputy official court reporter Karren K. Jones to file a supplemental reporter’s record containing true and correct playable c op i esof State’s Exhibit 6, 7, 25, 27, 28, and 56 , within TEN DAYS of the date of this

order. We DIRECT the Clerk to send copies of this order to the Honorable Brandon Birmingham, Presiding Judge, 292nd Judicial District Court; Karren K. Jones , deputy of

fic ial court reporter for the 292nd Judicial District Court; and counsel for all parties.

/s/ CORY L. CARLYLE JUSTICE
<PAGE>   1




                                                                  EXHIBIT 99.1




Schedule II - Valuation and Qualifying Accounts


<TABLE>
<CAPTION>

                                                                   ADDITIONS            DEDUCTIONS
                                               BEGINNING           CHARGED TO           CHARGED TO           ENDING
                                                BALANCE              INCOME               RESERVE           BALANCE
                                            ----------------    -----------------    -----------------    ---------------
<S>                                            <C>                 <C>                 <C>                 <C>
Accounts receivable allowances - 1999          $1,058,000          $3,166,000          $3,024,000          $1,200,000
Accounts receivable allowances - 1998             638,000           2,954,000           2,534,000           1,058,000
Accounts receivable allowances - 1997             161,000           2,790,000           2,313,000             638,000

</TABLE>



<PAGE>   2




                    REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS

We have audited in accordance with generally accepted auditing standards the
financial statements included in Advantage Learning Systems, Inc.'s annual
report to shareholders included in this Form 10-K, and have issued our report
thereon dated January 21, 2000. Our audit was made for the purpose of forming an
opinion on those statements taken as a whole. The schedule listed in the index
above as Exhibit 99.1 is the responsibility of the company's management and is
presented for purposes of complying with the Securities and Exchange Commissions
rules and is not part of the basic financial statements. This schedule has been
subjected to the auditing procedures applied in the audit of the basic financial
statements and, in our opinion, fairly states in all material respects the
financial data required to be set forth therein in relation to the basic
financial statements taken as a whole.



                                     /s/ Arthur Andersen LLP

                                     ARTHUR ANDERSEN LLP


Milwaukee, Wisconsin
January 21, 2000
EXHIBIT 32.2





CERTIFICATION PURSUANT TO





18 U.S.C. 1350,





AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of China Wi-Max Communications, Inc. on Form 10-Q for the period ended June 30, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Frank R. Ventura, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





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





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





Date: August 22, 2011





By:
/s/ Frank R. VenturaFrank R. VenturaChief Financial Officer
Order issued September 12, 2012

In The 

## &tort of Apprats IIIftI istrict of &exas at Dallas

No. 05-11-01119-CV IMAGINE AUTOMOTIVE GROUP, INC., ET AL., Appellants V. BOARDWALK MOTOR CARS, LTD. D/B/A BOARDWALK PORSCHE (FORMERLY THE PORSCHE STORE), ET AL., Appellees 

### ORDER The Court has before it appellant Len Critcher's August 31, 2012 motion for leave to late-file his brief. Although the motion states that the brief is tendered with the motion, no brief has been received by this Court. The Court therefore GRANTS the motion and ORDERS appellant Critcher to file his brief within two days of the date of this order. If appellant Critcher does not file his brief by that date, his appeal may be dismissed without further notice.
#### Paul R. Hinkle *v.*The Town of Franklin *et al.*

(No. 8557)

Submitted April 13, 1937.

Decided May 4, 1937.

*Charles D. Smith,*for relator.

*M. S. Hodges,*for Town of Franklin.

*Frank L. Willingham,*for M. L. O’Neale, state director.

Hatcher, Judge :

The town of Franklin, one of the respondents, employed Paul R. Hinkle, the petitioner, to prepare plans for, and to supervise the construction of, a proposed waterworks system. He was to be paid eight per cent of the final cost of- the construction. The town had no funds for this project and it was financed to the extent of $49,-815.00 by the Federal Emergency Administration of Public Works, of which M. L. O’Neale, another respondent, is acting State Director for West Virginia. The federal aid was not furnished as a lump sum, but as the sum total of several allotments based on approved estimates, viz: $42,884.00 for the construction itself, $3,-431.00 for engineering fees and the balance for other incidental expenses. Later it was found that the construction would cost more than its estimate. So, at the request of the town, the Director transferred to the allotment for construction $830.47 from the allotment to *586engineering. This was done, without notice to petitioner. He alleges that he has been paid $2,588.69 on his fees; that by reason of the progress of the construction, there is past due him now $830.47; and that the town does not and will not have means to pay this balance, except from the federal funds. He prays for a writ of mandamus, the main purpose of which is to require the town and the Director to transfer the $830.47 back to the engineering allotment. He also prays that the town be required to provide sufficient funds to finish paying for its waterworks system, under Acts, Extraordinary Session 1933, Chapter 26.

In *McClung*v. *Silliman,*6 Wheat. 598, 605, 5 L. Ed. 340, the Supreme Court of the United States held that a state court could not control by mandamus an officer of the United States in the performance of his official duty. That decision has been taken as decisive. Referring thereto, later, the Supreme Court said: “It has been settled that a state court cannot issue a mandamus to an officer of the United States.” *In re Blake,*175 U. S. 114, 119, 20 S. Ct. 42, 44, 44 L. Ed. 94. Accord: *Ex parte Shockley,*17 F. (2d) 133, 137, and the many cases there cited. Mr. O’Neale is such an officer; consequently, we cannot control his official conduct by mandamus. *Mallory*v. *Wheeler,*151 Wis. 136, 138 N. W. 97, Ann. Cases 1914 B, 101, 105.

The petition and exhibits do not demonstrate that the town has proceeded under the provisions of the Act referred to. If, by his prayer, petitioner seeks to have us now require the town so to proceed, the prayer must be refused. Action under those provisions is discretional with the municipality, and a discretional act may not ordinarily be controlled by mandamus. *Reynolds*v. *Commission,*111 W. Va. 398, 162 S. E. 319.

The writ is refused and the petition is dismissed.

*Writ refused and petition dismissed.*
**Exhibit 32.1**

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT 2002**

This certification is not to be deemed filed pursuantto the Securities Exchange Act of 1934, as amended, and does not constitute apart of the Annual Report of UTStarcom, Inc. (the “Company”) on Form 10-K/Afor the period ending December 31, 2003 as filed with the Securities andExchange Commission on the date hereof (the “Report”).

In connection withthe Report, we, Hong Liang Lu and Michael J. Sophie, certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that:

(1)         The Report fully complieswith the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

(2)         Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| Dated: April 13, 2005 |
|----------------------------|
| By:                        | /s/ HONG LIANG LU |   |
|                       | Name: Hong Liang Lu |
|                       | Title: President and Chief Executive Officer |
| By:                        | /s/ MICHAEL J. SOPHIE |   |
|                       | Name: Michael J. Sophie |
|                       | Title: Senior Vice President of Finance and Chief  Financial Officer |

 

----
|   | (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, our financial condition and result of  operations. |
|--------|-----|-------------------------------------------------------------------------------------------------------------------------------------------------|

|                          |                                             |                     |
|-------------------------------|--------------------------------------------------|--------------------------|
|                          | CHINA      FRUITS CORP.(Registrant)              |
|                          |                                             |                     |
| Date: April      9, 2009 | By:                                              | /s/ Wang, Zhi Xiong |
|                          | Wang,      Zhi XiongChief      Financial Officer |
##### 



Exhibit 99.2

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

In connection with the Annual Report of Fairmont Hotels & Resorts Inc. (the
Corporation) on Form 40-F for the year ended December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I, M.
Jerry Patava, Chief Financial Officer of the Corporation, certify, pursuant to
18 U.S.C. section 1350, as adopted pursuant to section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



|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 result of operations of the Corporation.

| |  |                                                                            
| |  | ---------------------------------------------------------------------------
| |  | /s/ M. Jerry Patava                                                        
| |  |                                                                            
| |  | Name: M. Jerry Patava
Title:   Chief Financial Officer
Date:   May 15, 2003
Exhibit 99.9











LETTER OF CONSENT







Re:ARC Resources Ltd. – Annual Report on Form 40-F




We hereby consent to the use and reference to our name and our report dated February 20, 2013 evaluating ARC Resources Ltd.'s petroleum and natural gas reserves and resources as at December 31, 2012, as described in the Annual Report on Form 40-F of ARC Resources Ltd. for the fiscal year ended December 31, 2012 filed with the United States Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934,as amended, and the inclusions of information derived from our report.






Yours truly,GLJ PETROLEUM CONSULTANTS LTD.“ Bryan M. Joa, P. Eng.”Bryan M. Joa, P. Eng.Vice-President








Dated:  March 27, 2013
 Calgary, Canada


CANADA
|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                       |   |                                             |   |
|----------------------------|--------|--------------------------------------------------|--------|
| Date:      August 19, 2009 | By:    | /s/ Mark      Alsentzer                     |   |
|                       |   | Mark      Alsentzer                         |   |
|                       |   | President      and Chief Executive Officer  |   |

----
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                      13,045,392
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                     365,211,644
<DEPRECIATION>                              51,128,351
<TOTAL-ASSETS>                             342,497,000
<CURRENT-LIABILITIES>                                0
<BONDS>                                    342,497,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        41,738
<OTHER-SE>                                  38,254,712
<TOTAL-LIABILITY-AND-EQUITY>               342,497,000
<SALES>                                              0
<TOTAL-REVENUES>                            39,741,906
<CGS>                                                0
<TOTAL-COSTS>                               17,160,734
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          16,525,291
<INCOME-PRETAX>                              6,055,881
<INCOME-TAX>                                 2,262,773
<INCOME-CONTINUING>                          3,793,108
<DISCONTINUED>                                       0
<EXTRAORDINARY>                              (214,263)
<CHANGES>                                            0
<NET-INCOME>                                 3,578,845
<EPS-BASIC>                                      .85
<EPS-DILUTED>                                      .83


</TABLE>
Exhibit 99(a)


Household Finance Corporation
Household Consumer Loan Corporation
Household Consumer Loan Trust 1997-2


Original Principal Class A                     1,050,000,000.00
   Class A-1                                     912,000,000.00
   Class A-2                                      48,000,000.00
   Class A-3                                      90,000,000.00
Number of Class A Bonds (000's)                    1,050,000.00
   Class A-1                                         912,000.00
   Class A-2                                          48,000.00
   Class A-3                                          90,000.00
Original Principal Class B                        57,000,000.00
Number of Class B Bond (000's)                        57,000.00
Original Principal Certificates                   42,000,000.00
Number of Certificates Bond (000's)                   42,000.00

Distribution Date                                                 2002 Totals
Days

CLASS A
Principal Distribution                                             48,862,722.49
Class A-1 Interest Distribution                                     3,269,738.66

Principal Distribution                                             10,340,353.63
Class A-2 Interest Distribution                                       730,256.91

Principal Distribution                                             12,220,417.92
Class A-3 Interest Distribution                                       908,291.52


CLASS B
Principal Distribution                                              7,990,273.26
Interest Distribution                                                 661,140.86

CERTIFICATES
Principal Distribution                                              6,580,225.04
Interest Distribution                                                 622,013.40
Exhibit
10.52    Date:
  December 21, 2009To:
  Viraj PatelFrom:
  Peter BlackmoreRe:
  Special Bonus - Revised  UTStarcom is pleased to
offer you a special bonus of $250,000, less applicable withholdings for
federal, state, local and other taxes. 
This bonus will be paid out upon your involuntary termination without cause
(as such term is defined in the Amended and Restated Executive Involuntary
Severance Plan (the Severance Plan) provided the following conditions are met:  ·Appropriate and smooth transition of all
responsibilities to Kenneth Luk, SVP & CFO as determined by the
Company, in its sole and reasonable discretion.  This cash bonus is
separate from the provisions of the Severance Plan.  This payment is intended to be subject to a
substantial risk of forfeiture within the meaning of Treasury Regulation Section 1.409A-1(d) and
that the payment of the bonus, to the extent earned, would be paid within the
short-term deferral period within the meaning of the Treasury Regulation Section 1.409A-1(b)(4).  It is the intent of the parties that the
bonus comply in all respects with the Internal Revenue Code Section 409A
and shall be interpreted in accordance with that intent.  Thank you for your
continued commitment and contributions to UTStarcom.  If you have any questions about this special
bonus, please contact Erlinda Cruz, Director, Compensation and Benefits at
510-747-0158.
Fourth Court of Appeals

San Antonio, Texas

October 30, 2018

No. 04-18-00799-CV

IN RE Abelardo G. GONZALEZ

Original Mandamus Proceeding1

ORDER

Sitting: Marialyn Barnard, Justice

Luz Elena D. Chapa, Justice

Irene Rios, Justice

On October 24, 2018, relator filed a petition for writ of mandamus. This court believes a 

serious question concerning the mandamus relief sought requires further consideration. See TEX.

R. APP. P. 52.8(b). The respondent and the real parties in interest may file a response to the 

petition in this court no later than November 15, 2018. Any such response must conform to 

Texas Rule of Appellate Procedure 52.4. 

It is so ORDERED on October 30, 2018.

PER CURIAM

 ATTESTED TO: _____________________________

 KEITH E. HOTTLE,

 Clerk of Court

 

1 This proceeding arises out of Cause No. 2017 FLI 001815 C3, styled In the Interest of M.A.G. and Z.A.G., 

Children, pending in the County Court at Law No 2, Webb County, Texas, the Honorable Sid L. Harle presiding.