alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Third District Court of Appeal State of Florida Opinion filed July 7, 2021. Not final until disposition of timely filed motion for rehearing.

________________ Nos. 3D21-37; 3D21-38 Lower Tribunal Nos. 13-464 SP; 19-127 AP; 13-466 SP; 19-128 AP

________________ 

### Doral Health Center, P.A., a/a/o Pedro Sanchez , and a/a/o Nancy Sanchez, Appellants,

vs. 

### State Farm Mutual Automobile Insurance Company , Appellee.
Appeals from the County Court for Miami-Dade County, Diana Gonzalez-Whyte, Judge. Patiño Law Firm, Richard Patiño and Ryan Peterson, for appellants. Cole, Scott & Kissane, P.A., Thomas L. Hunker and Sarah Hafeez (Fort Lauderdale), for appellee.
Before EMAS, LINDSEY and GORDO, JJ. PER CURIAM.2

Affirmed. See Vasquez v. State, 777 So. 2d 1200, 1203 (Fla. 3d DCA 2001) (“[T]he trial court may draw an adverse inference against a party in a civil action who invokes his privilege against self-incrimination.” (citing Baxter v. Palmigiano, 425 U.S. 308 (1976))); Rollins Burdick Hunter of N.Y., Inc. v. Euroclassics Ltd., Inc., 502 So. 2d 959, 962 (Fla. 3d DCA 1987) (“A civil litigant’s fifth amendment right to avoid self-incrimination may be used as a shield but not a sword. This means that a plaintiff seeking affirmative relief in a civil action may not invoke the fifth amendment and refuse to comply with the defendant’s discovery requests, thereby thwarting the defendant’s defenses.” (citing City of St. Petersburg v. Houghton, 362 So. 2d 681, 683 (Fla. 2d DCA 1978))); see also Campbell v. Riggs, 310 So. 3d 68, 70 (Fla. 4th DCA 2021) (“[O]nce there is a motion for summary judgment that is supported by affidavit or other factual showing, the burden shifts to the opposing party to show by appropriate means that genuine and material issues do remain to be tried.” (quoting Holl v. Talcott, 191 So. 2d 40, 42 (Fla. 1966))); Raven v. Roosevelt REO US LLC, 278 So. 3d 245, 246 (Fla. 3d DCA 2019) (“Summary judgment is proper . . . where the moving party shows conclusively that there are no genuine issues of material fact and that it is entitled to judgment as a matter of law.” (citation omitted)).
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 08-50875

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

WILLIE E. PHILLIPS, also known as Big Willie,

Defendant-Appellant

Appeal from the United States District Court

for the Western District of Texas

USDC No. 5:02-CR-395-1

Before KING, BENAVIDES, and PRADO, Circuit Judges.

PER CURIAM:

*

The Federal Public Defender appointed to represent Willie E. Phillips has

moved for leave to withdraw and has filed a brief in accordance with Anders v.

California, 386 U.S. 738 (1967). Phillips has filed a response, requesting the

appointment of counsel. Our independent review of the record, counsel’s brief,

and Phillips’s response discloses no nonfrivolous issue for appeal. Accordingly,

counsel’s motion for leave to withdraw is GRANTED, counsel is excused from

United States Court of Appeals

Fifth Circuit

F I L E D

December 8, 2010

Lyle W. Cayce

Clerk

Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not *

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

Case: 08-50875 Document: 00511315159 Page: 1 Date Filed: 12/08/2010
No. 08-50875

further responsibilities herein, Phillips’s motion to appoint counsel is DENIED,

and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

2

Case: 08-50875 Document: 00511315159 Page: 2 Date Filed: 12/08/2010
**Exhibit 21.1**

**Subsidiaries of the Registrant**

BROCADE COMMUNICATIONS LUXEMBOURGHOLDINGS II SCS (a Luxembourg partnership treated as a US corporation for income tax purposes) 

BROCADE COMMUNICATIONS LUXEMBOURG HOLDINGSSARL (a Luxembourg company) 

BROCADE COMMUNICATIONS LUXEMBOURG SARL (a Luxembourg company) 

BROCADE SWITZERLAND HOLDINGS GMBH (a Swiss company) 

BROCADE TECHNOLOGY GMBH (a Swiss company) 

FOUNDRY NETWORKS, LLC (a Delaware limited liability company) 

INRANGE TECHNOLOGIES CORPORATION (a Delaware corporation) 

MCDATA CORPORATION (a Delaware corporation) 

MCDATA INTERNATIONAL LTD. (a U.K. company) 

MCDATA SERVICES CORPORATION (a Minnesota corporation) 

Brocade has an additional 46 international subsidiaries and 3 domestic subsidiaries, which have been omitted pursuant to Item 601(b)(21)(ii) of Regulation S-K.
#### Plattsburgh Light, Heat and Power Company, Appellant, v. Plattsburgh Traction Company, Respondent.

Judgment unanimously affirmed, with costs.
null

271.14807
<PAGE>   1

                                                                    EXHIBIT 23.1

              INDEPENDENT AUDITOR'S CONSENT AND REPORT ON SCHEDULE

To the Board of Directors and Stockholders of DBT Online, Inc. and subsidiaries:

We consent to the incorporation by reference in Registration Statement No.'s
333-11235 and 333-41313 of DBT Online, Inc. on Form S-8 of our report dated
February 15, 1999 (May 6, 1999 as to the effects of the business combination
described in Note 11), appearing in this Annual Report on Form 10-K/A-1 of DBT
Online, Inc. for the year ended December 31, 1998.

Our audits of the consolidated financial statements referred to in our
aforementioned report also included the consolidated financial statement
schedule of DBT Online, Inc., and subsidiaries listed in Item 8. This
consolidated financial statement schedule is the responsibility of the Company's
management. Our responsibility is to express an opinion based on our audits. In
our opinion, such consolidated financial statement schedule, when considered in
relation to the basic consolidated financial statements taken as a whole,
presents fairly in all material respects the information set forth therein.

DELOITTE & TOUCHE LLP
Certified Public Accountants

Fort Lauderdale, Florida
September 10, 1999
[Federal Register Volume 75, Number 94 (Monday, May 17, 2010)]
[Notices]
[Page 27625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11575]


-----------------------------------------------------------------------

UNITED STATES INSTITUTE OF PEACE


Announcement of the Priority Grant Competition for Immediate 
Release

AGENCY: United States Institute of Peace.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Agency announces its ongoing Priority Grant Competition. 
The Priority Grant Competition focuses on countries and topics as they 
relate to USIP's mandate. The Priority Grant Competition is restricted 
to projects that fit the themes identified for each priority area.
    Starting October 1, the Priority Grant Competition will focus on 
five countries and one topic.
    <bullet> Afghanistan.
    <bullet> Iran.
    <bullet> Iraq.
    <bullet> Pakistan.
    <bullet> Sudan.
    <bullet> Communication for Peacebuilding.
    The specific themes for each priority area may be found at our Web 
site at: http://www.usip.org/grants-fellowships/priority-grant-competition.
    Deadline: The Priority Grant Competition applications are accepted 
throughout the year and awards are announced throughout the year. 
Please visit our Web site at: http://www.usip.org/grants-fellowships/priority-grant-competition for specific information on the competition 
as well as instructions about how to apply.

ADDRESSES: If you are unable to access our Web site, you may submit an 
inquiry to: United States Institute of Peace, Grant Program, Priority 
Grant Competition, 1200 17th Street, NW., Suite 200, Washington, DC 
20036-3011. (202) 429-3842 (phone) (202) 833-1018 (fax) (202) 457-1719 
(TTY) E-mail: <a href="/cdn-cgi/l/email-protection#b5d2c7d4dbc1c6f5c0c6dcc59bdac7d2"><span class="__cf_email__" data-cfemail="6a0d180b041e192a1f19031a4405180d">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: The Grant Program, Phone (202) 429-
3842. E-mail: <a href="/cdn-cgi/l/email-protection#1a7d687b746e695a6f69736a3475687d"><span class="__cf_email__" data-cfemail="deb9acbfb0aaad9eabadb7aef0b1acb9">[email protected]</span></a>.

    Dated: May 11, 2010.
Michael Graham,
Vice President for Management.
[FR Doc. 2010-11575 Filed 5-14-10; 8:45 am]
BILLING CODE 6820-AR-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
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**Exhibit 32.1**

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 Quarterly Report of XETA Technologies, Inc. (the “Company”) on Form 10-Q for the fiscal quarter ended July 31, 2004, as filed with the Securities and Exchange Commission (the “Report”), I, Jack R. Ingram, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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/  JACK    R INGRAM 
 

 

Jack R.   Ingram

 

Chief   Executive Officer

 

August 18,   2004

  |
|--------|-----------------------------------------------------------------------------------------------------------------------------------------|
##### 



Exhibit 32.1 STATEMENT OF CHIEF EXECUTIVE OFFICER OF
WEBMD CORPORATION
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 WebMD Corporation (WebMD) on Form 10-K for the
fiscal year ended December 31, 2004 as filed with the Securities and Exchange Commission on the
date hereof (the Report), I, Kevin M. Cameron, Chief Executive Officer of WebMD, certify, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that to 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 results of operations of WebMD. Dated: March 16, 2005
    

/s/ Kevin M. CameronKevin M. CameronChief Executive Officer
 
 The foregoing certification is being furnished to accompany WebMD Corporations Annual Report
on Form 10-K for the Fiscal Year ended December 31, 2004 (the Report) solely pursuant to Section
906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed as part of the Report or as a
separate disclosure document and shall not be deemed incorporated by reference into any other
filing of WebMD Corporation that incorporates the Report by reference. A signed original of this
written certification required by Section 906 has been provided to WebMD Corporation and will be
retained by WebMD Corporation and furnished to the Securities and Exchange Commission or its staff
upon request.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUL-31-1998
<PERIOD-START>                             AUG-01-1997
<PERIOD-END>                               OCT-31-1997
<CASH>                                           3,145
<SECURITIES>                                         0
<RECEIVABLES>                                   22,943
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               111,088
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 236,963
<CURRENT-LIABILITIES>                        1,055,644
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        86,327
<OTHER-SE>                                 (1,150,005)
<TOTAL-LIABILITY-AND-EQUITY>                   236,963
<SALES>                                              0
<TOTAL-REVENUES>                                80,244
<CGS>                                                0
<TOTAL-COSTS>                                   79,371
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    873
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                873
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       873
<EPS-PRIMARY>                                    (.00)
<EPS-DILUTED>                                    (.00)
        

</TABLE>
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

In the Matter of: ROBERT W. HUNT,

M.D., A Medical Corporation,

 Debtor,

PELI POPOVICH HUNT, pro se, an

individual, Agent and Trustee,

 Appellant,

 v.

DAVID M. GOODRICH, Chapter 7

Trustee of the Estate of Robert W. Hunt,

MD a medical corporation,

 Appellee.

No. 13-56778

D.C. No. 2:12-cv-08619-AG

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Andrew J. Guilford, District Judge, Presiding

Submitted March 10, 2015** 

FILED

MAR 30 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
Before: FARRIS, WARDLAW, and PAEZ, Circuit Judges. 

Peli Popovich Hunt, individually and as trustee of the Robert and Peli Hunt

Living Trust, appeals pro se from the district court’s order dismissing her appeal

from the bankruptcy court’s order granting a preliminary injunction to Chapter 7

trustee David M. Goodrich. We have jurisdiction under 28 U.S.C. § 158. We

review de novo whether a case is moot, Demery v. Arpaio, 378 F.3d 1020, 1025

(9th Cir. 2004), and we dismiss.

This appeal is moot because the bankruptcy court has entered final

judgment, which Hunt has not appealed. See Church of Scientology of Cal. v.

United States, 506 U.S. 9, 12 (1992) (appeal must be dismissed for mootness if it is

impossible for the appellate court to grant any effectual relief to the prevailing

party); Mt. Graham Red Squirrel v. Madigan, 954 F.2d 1441, 1450 (9th Cir. 1992)

(when underlying claims have been decided, the reversal of a preliminary

injunction would have no practical effect, and is moot).

Goodrich’s request for judicial notice, filed August 19, 2014, is granted.

Hunt’s motion to supplement the record and request for judicial notice, filed

June 12, 2014, and her motion to redact the July 25, 2014 Proof of Service and

second request for judicial notice, filed August 11, 2014, are denied.

2 13-56778
Appellant’s motion to recall the mandate, filed November 15, 2014, is

denied. 

DISMISSED.

3 13-56778
II

106TH CONGRESS

2D SESSION S. 2174

To suspend temporarily the duty on THQ (Toluhydroquinone).

IN THE SENATE OF THE UNITED STATES

MARCH 2, 2000

Mr. THOMPSON introduced the following bill; which was read twice and

referred to the Committee on Finance

A BILL

To suspend temporarily the duty on THQ

(Toluhydroquinone).

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. TEMPORARY SUSPENSION OF DUTY.

4 (a) IN GENERAL.—Subchapter II of chapter 99 of

5 the Harmonized Tariff Schedule of the United States is

6 amended by inserting in numerical sequence the following

7 new heading:

‘‘ 9902.29.05 THQ

(Toluhydroquinone), (CAS No.

000095–71–6)

(provided for in

subheading

2907.29.90) ....... Free Free No change On or before

12/31/2002 ’’.
2

•S 2174 IS

1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) applies with respect to goods entered, or

3 withdrawn from warehouse for consumption, on or after

4 the 15th day after the date of the enactment of this Act.

Æ
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<ARTICLE> 9
       
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<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                           5,608
<INT-BEARING-DEPOSITS>                             100
<FED-FUNDS-SOLD>                                 5,800
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     27,122
<INVESTMENTS-CARRYING>                          51,558
<INVESTMENTS-MARKET>                            51,846
<LOANS>                                        110,159
<ALLOWANCE>                                      1,749
<TOTAL-ASSETS>                                 204,357
<DEPOSITS>                                     167,460
<SHORT-TERM>                                     3,553
<LIABILITIES-OTHER>                              2,550
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         1,512
<OTHER-SE>                                      29,282
<TOTAL-LIABILITIES-AND-EQUITY>                 204,357
<INTEREST-LOAN>                                  2,364
<INTEREST-INVEST>                                1,306
<INTEREST-OTHER>                                    31
<INTEREST-TOTAL>                                 3,701
<INTEREST-DEPOSIT>                               1,642
<INTEREST-EXPENSE>                               1,674
<INTEREST-INCOME-NET>                            2,027
<LOAN-LOSSES>                                       30
<SECURITIES-GAINS>                                   9
<EXPENSE-OTHER>                                    894
<INCOME-PRETAX>                                  1,313
<INCOME-PRE-EXTRAORDINARY>                       1,313
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       927
<EPS-PRIMARY>                                     1.73
<EPS-DILUTED>                                     1.73
<YIELD-ACTUAL>                                       0
<LOANS-NON>                                          0
<LOANS-PAST>                                       130
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                  7,383
<ALLOWANCE-OPEN>                                 1,724
<CHARGE-OFFS>                                       12
<RECOVERIES>                                         7
<ALLOWANCE-CLOSE>                                1,749
<ALLOWANCE-DOMESTIC>                             1,749
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0001009675     
<NAME>                        Sawtek Inc.
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              SEP-30-1997
<PERIOD-START>                                 OCT-01-1996
<PERIOD-END>                                   SEP-30-1997
<CASH>                                         58,064
<SECURITIES>                                   0
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<ALLOWANCES>                                   684
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<PP&E>                                         54,554
<DEPRECIATION>                                 13,753
<TOTAL-ASSETS>                                 119,572
<CURRENT-LIABILITIES>                          9,862
<BONDS>                                        2,638
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       10
<OTHER-SE>                                     98,450
<TOTAL-LIABILITY-AND-EQUITY>                   119,572
<SALES>                                        82,769
<TOTAL-REVENUES>                               82,769
<CGS>                                          36,849
<TOTAL-COSTS>                                  36,849
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               48
<INTEREST-EXPENSE>                             197
<INCOME-PRETAX>                                33,327
<INCOME-TAX>                                   12,568
<INCOME-CONTINUING>                            20,759
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   20,759
<EPS-PRIMARY>                                  0.97
<EPS-DILUTED>                                  0.97
        


</TABLE>
Exhibit 23.1





CONSENT OF STONEFIELD JOSEPHSON, INC.


INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We consent to the incorporation by reference in the following Registration Statements of NeoMagic Corporation:





(1) Registration Statement (Form S-3 Nos. 333-76410, 333-105703, 333-131026, 333-119102 and 333-133088) of NeoMagic Corporation;





(2) Registration Statement (Form S-8 Nos. 333-30843, 333-50406, 333-57217, 333-88383, 333-70222, 333-102231, 333-109023, 333-119093, 333-102231,  333-127439, 333-139262 and 333-145338) of NeoMagic Corporation;





of our report dated May 14, 2010 (which report expresses an unqualified opinion and includes an explanatory paragraph raising substantial doubt about the entity’s ability to continue as a going concern), with respect to the consolidated financial statements of NeoMagic Corporation, for each of the two years in the period ended January 31, 2010 included in this Annual Report (Form 10-K) for the year ended January 31, 2010.








/s/ Stonefield Josephson, Inc.


San Francisco, California





May 14, 2010