alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### MEMORANDUM OPINION
No. 04

- 11

- 00 425

- CR IN RE Patrick Keith SCHUH Original Mandamus Proceeding 1
PER CURIAM Sitting: Sandee Bryan Marion, Justice Steven C. Hilbig, Justice Marialyn Barnard, Justice Delivered and Filed: July 6, 2011
PETITION FOR WRIT OF MANDAMUS DENIED On June 21, 2011, relator filed a petition for writ of mandamus, seeking to compel the trial court to rule on various pro se motions. However, in order to be entitled to mandamus relief, relator must establish that the trial court: (1) had a legal duty to perform a non

discretionary act; (2) was asked to perform the act; and (3) failed or refused to do so. In re Molina , 94 S.W .3d 885, 886 (Tex. App.

— San Antonio 2003, orig. proceeding). When a properly filed motion is pending before a trial court, the act of giving consideration to and ruling upon that motion is ministerial, and mandamus may issue to compel the trial judge to a ct. See Safety

- Kleen Corp. v. Garcia , 945 S.W.2d 268, 269 (Tex. App.

— San Antonio 1997, orig. proceeding). However, mandamus will not issue unless the record indicates that a properly filed

1 This proceeding arises out of Cause No . 2011

- CR

- 0331 , styled State of Texas v. Patrick Keith Schuh , i n the 437 th Judicial District Court , Bexar County, Texas, the Honorable Lori I. Valenzuela presiding.04

- 11

- 00425

- CR

- 2

- motion has awaited disposition for an unreasonable amount of time. See id. Relator has the burden of providing this court with a record sufficient to establish his right to mandamus relief.
See T EX
. R. A PP
. P. 52.7(a) (“Relator must file with the petiti on [ ] a certified or sworn copy of every document that is material to the relator’s claim for relief and that was filed in any underlying proceeding”); see also T EX
. R. A PP
. P. 52.3(k)(1)(A); Walker v. Packer , 827 S.W.2d 833, 837 (Tex. 1992). Here, rela tor has not provided this court with a file stamped copy of his motions or any other documents to show that a properly filed motion is pending before the trial court and has been brought to the trial court’s attention. Additionally, relator asserts he fil ed his motions on May 13, 2011, just over a month before relator’s petition for writ of mandamus was filed in this court. Therefore, relator has failed to meet his burden that a properly filed motion has awaited disposition for an unreasonable amount of t ime. See id. Based on the foregoing, we conclude relator has not shown himself entitled to mandamus relief. Accordingly, relator’s petition for writ of mandamus is DENIED. See T EX
. R. A PP
. P

. 52.8(a). Additionally, relator filed an Application for Leave to File Petition for Writ of Mandamus. No leave is required to file a petition for writ of mandamus in this court. T EX
. R.
A PP
. P . 52. Therefore, relator’s motion for leave to file is DENIED as moot.
PER CURIAM

DO NO T PUBLISH
<PAGE>
                                                                   Exhibit 31.1
CERTIFICATIONS

I, Sal Giordano, Jr., certify that:

1. I have reviewed this Quarterly Report on Form 10-Q of Fedders Corporation;

2. Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report;

3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

4. The registrant's other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

      a) Designed such disclosure controls and procedures, or caused such
      disclosure controls and procedures to be designed under our supervision,
      to ensure that material information relating to the registrant, including
      its consolidated subsidiaries, is made known to us by others within those
      entities, particularly during the period in which this report is being
      prepared;

      b) Evaluated the effectiveness of the registrant's disclosure controls and
      procedures and presented in this report our conclusions about the
      effectiveness of the disclosure controls and procedures, as of the end of
      the period covered by this report based upon such evaluation; and

      c) Disclosed in this report any change in the registrant's internal
      control over financial reporting that occurred during the registrant's
      most recent three month period ended September 30, 2004 (the registrant's
      fourth fiscal quarter in the case of an annual report) that has materially
      affected, or is reasonably likely to materially affect, the registrant's
      internal control over financial reporting; and

5. The registrant's other certifying officer(s) and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent functions):

      a) All significant deficiencies and material weaknesses in the design or
      operation of internal control over financial reporting which are
      reasonably likely to adversely affect the registrant's ability to record,
      process, summarize and report financial information; and

      b) Any fraud, whether or not material, that involves management or other
      employees who have a significant role in the registrant's internal control
      over financial reporting.

Date: November 15, 2004

/s/ Sal Giordano, Jr.
-----------------------------------------
Sal Giordano, Jr.
Chief Executive Officer

                                       29
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 04-6144

ANTONIO RENALDO JACKSON-BEY,

Plaintiff - Appellant,

versus

CORRECTIONAL MEDICAL SERVICES,

Defendant - Appellee.

Appeal from the United States District Court for the District of

Maryland, at Greenbelt. Peter J. Messitte, District Judge. (CA03-1790-8-PJM)

Submitted: November 24, 2004 Decided: January 11, 2005

Before NIEMEYER, LUTTIG, and KING, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Antonio Renaldo Jackson-Bey, Appellant Pro Se. Philip Melton

Andrews, KRAMON & GRAHAM, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
- 2 -

PER CURIAM:

Antonio Renaldo Jackson-Bey, a Maryland prisoner, seeks

to appeal from the district court’s order denying his 42 U.S.C.

§ 1983 (2000) complaint. Because Jackson-Bey’s notice of appeal

was filed outside the thirty-day appeal period set forth in Fed. R.

App. P. 4(a)(1)(A), and the district court concluded on remand that

Jackson-Bey failed to demonstrate excusable neglect or good cause

for the late filing, we lack jurisdiction over Jackson-Bey’s

appeal. See Browder v. Director, Dep’t of Corrections, 434 U.S.

257, 264 (1978) (stating the appeal periods established by Rule 4

are mandatory and jurisdictional). Accordingly, we dismiss the

appeal as untimely. We dispense with oral argument because the

facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

DISMISSED
EXHIBIT B10 

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<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-1999
<PERIOD-START>                             APR-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          28,578
<SECURITIES>                                         0
<RECEIVABLES>                                   25,959
<ALLOWANCES>                                   (1,750)
<INVENTORY>                                     33,500
<CURRENT-ASSETS>                                90,203
<PP&E>                                          62,574
<DEPRECIATION>                                (14,114)
<TOTAL-ASSETS>                                 226,008
<CURRENT-LIABILITIES>                           54,568
<BONDS>                                        133,498
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            73
<OTHER-SE>                                      16,938
<TOTAL-LIABILITY-AND-EQUITY>                   226,008
<SALES>                                         45,842
<TOTAL-REVENUES>                                45,842
<CGS>                                           31,051
<TOTAL-COSTS>                                    8,972
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   970
<INTEREST-EXPENSE>                               3,016
<INCOME-PRETAX>                                  2,803
<INCOME-TAX>                                     1,183
<INCOME-CONTINUING>                              1,294
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (2,019)
<CHANGES>                                            0
<NET-INCOME>                                     (725)
<EPS-PRIMARY>                                   (0.10)
<EPS-DILUTED>                                   (0.07)
        

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

<ARTICLE> 7
<LEGEND>
This schedule contains summary financial information extracted from the
financial statements of FPIC Insurance Group, Inc. for the twelve months ended
December 31, 1997 and is qualified in its entirety by reference to such
financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<DEBT-HELD-FOR-SALE>                           259,574
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                       2,541
<MORTGAGE>                                           0
<REAL-ESTATE>                                    4,185
<TOTAL-INVEST>                                 268,300
<CASH>                                           7,680
<RECOVER-REINSURE>                                 866
<DEFERRED-ACQUISITION>                           1,411
<TOTAL-ASSETS>                                 352,850
<POLICY-LOSSES>                                188,086
<UNEARNED-PREMIUMS>                             28,218
<POLICY-OTHER>                                   4,783
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                  2,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           918
<OTHER-SE>                                     115,512
<TOTAL-LIABILITY-AND-EQUITY>                   352,850
<PREMIUMS>                                      65,504
<INVESTMENT-INCOME>                             14,820
<INVESTMENT-GAINS>                                  32
<OTHER-INCOME>                                  12,860
<BENEFITS>                                      54,011
<UNDERWRITING-AMORTIZATION>                          0
<UNDERWRITING-OTHER>                             7,400
<INCOME-PRETAX>                                 23,344
<INCOME-TAX>                                     6,788
<INCOME-CONTINUING>                             16,556
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    16,556
<EPS-PRIMARY>                                     1.83
<EPS-DILUTED>                                     1.76
<RESERVE-OPEN>                                 172,738
<PROVISION-CURRENT>                             69,126
<PROVISION-PRIOR>                             (15,115)
<PAYMENTS-CURRENT>                               8,061
<PAYMENTS-PRIOR>                                33,103
<RESERVE-CLOSE>                                188,086
<CUMULATIVE-DEFICIENCY>                         22,319
        

</TABLE>
<PAGE>   1

                                                                      EXHIBIT 23





                        CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement
(Form S-8 No. 333-04887) pertaining to the American States Financial
Corporation Employees' Savings and Profit-Sharing Plan, the Registration
Statement (Form S-8 No. 333-04689) pertaining to the American States Financial
Corporation Stock Option Incentive Plan and in the related prospectuses of our
report dated January 28, 1997, with respect to the consolidated financial
statements and schedules of American States Financial Corporation and
subsidiaries included in the Annual Report (Form 10K) for the year ended
December 31, 1996.



                                                     ERNST & YOUNG

February 24, 1997
EXHIBIT
32.2





Written
Statement of the Chief Executive Officer Pursuant to 18 U.S.C. Section
1350





Pursuant
to 18 U.S.C. Section 1350, the undersigned officer of JAKKS Pacific, Inc.
(“Registrant”), hereby certifies that the Registrant’s Annual Report on Form
10-K for the year ended December 31, 2009 (the “Report”) fully complies with the
requirements of Section 13(a) or 15(d), as applicable, of the Securities
Exchange Act of 1934 and that the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Registrant.





Date:
March 16, 2010





/s/
      STEPHEN G. BERMANSTEPHEN
      G. BERMANDirector
      and Co-Chief Executive
Officer
Notice Recipients

District/Off: 0971−3 User: dchambers Date Created: 5/10/2019

Case: 19−30088 Form ID: TRANSC Total: 7

Recipients of Notice of Electronic Filing:

aty Peter J. Benvenutti pbenvenutti@kellerbenvenutti.com

aty Robert A. Julian rjulian@bakerlaw.com

aty Tobias S. Keller tkeller@kellerbenvenutti.com

TOTAL: 3

Recipients submitted to the Claims Agent (Prime Clerk):

aty Omid H. Nasab Cravath, Swaine & Moore LLP 825 Eighth Avenue New York, NY 10019

aty Richard W. Slack Weil Gotshal and Manges, LLP 767 Fifth Ave. New York, NY 10153−0119

aty Stephen Karotkin Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, NY 10153

ANDREW M. LEBLANC, ESQ. Milbank, Tweed, Hadley & McCloy LLP International Square

Building 1850 K Street, NW Washington, DC 20006

TOTAL: 4

Case: 19-30088 Doc# 1964-3 Filed: 05/09/19 Entered: 05/09/19 16:44:36 Page 1

of 1
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of a change in the meeting of the Clinical Neuroscience and Neurodegeneration Study Section, June 3, 2010, 8 a.m. to June 4, 2010, 5 p.m., Washington Plaza Hotel, 10 Thomas Circle, NW., Washington, DC 20005 which was published in the                     **Federal Register**                     on May 7, 2010, 75 FR 25273-25275.                

The meeting will be one day only, June 3, 2010, from 8 a.m. to 6:30 p.m. The meeting location remains the same. The meeting is closed to the public.

Dated: May 17, 2010.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 2010-12145 Filed 5-19-10; 8:45 am]

BILLING CODE 4140-01-P
936 Cougress, 2d Session House Document No. 93-836

VETOING H.R. 5094, TO AMEND TITLE 5,

UNITED STATES CODE

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES VETOING H.R. 5094, AN ACT TO AMEND TITLE 5, UNITED

STATES CODE, TO PROVIDE FOR THE RECLASSIFICATION

OF POSITIONS OF DEPUTY U.S. MARSHAL, AND FOR OTHER

PURPOSES

AUGUST 13, 1974.-Message and accompanying papers referred to the

Committee on Post Office and Civil Service and ordered to be printed

38-0110

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1974

93d Congress, 2d Session House Document No. 93-336
To the House of Representatives:

I am today returning to the Congress without my approval H.R.

5094, a measure that would require the reclassification and upgrading

of deputy United States marshals.

A bill substantially similar to this legislation was passed by the

Congress and then pocket vetoed by President Nixon in October, 1972.

Since that time various departments of the executive branch have

consistently argued that such legislation would be unwise and

discriminatory.

That opposition has been based upon the view that by singling out

deputy United States marshals for significant salary increases, the

Government would be creating serious pay inequities with other Federal law enforcement personnel, thus violating fundamental principles

of fairness. In addition, H.R. 5094 would severely disrupt existing

grade and pay relationships among the deputy marshals themselves.

In some cases, under this legislation, junior marshals would be paid

$1,150 a year more than their senior colleagues. Some deputies doing

identical work would be placed in different pay grades, while deputies

performing different jobs would be placed in the same pay grade.

I fully appreciate the fine service performed by our deputy U.S.

marshals, and I am aware that the Congress was prompted by a desire to ensure that their pay matched the increasing responsibilities they

have assumed in recent years. But I also believe that this legislation

would run directly counter to the principle of equal pay for equal

work that underlies our civil service system. Our policy has been and

must continue to be one of fundamental fairness to all Federal em- ployees. For that reason, I am returning this legislation without my

approval.

GERALD R. FORD.

Tsm WmTEs HousE, August 12, 1974.

(1)
II

106TH CONGRESS

2D SESSION S. 2377

To suspend temporarily the duty on sodium petroleum sulfonate.

IN THE SENATE OF THE UNITED STATES

APRIL 6, 2000

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

to the Committee on Finance

A BILL

To suspend temporarily the duty on sodium petroleum

sulfonate.

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:

‘‘ 9902.34.01 Sodium petroleum sulfonate

(CAS No.

68608–26–4)

(provided for in

subheading

3402.11.50) ....... Free No change No change On or before

12/31/04 ’’.
2

•S 2377 IS

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

2 this section applies with respect to goods entered, or with3 drawn from warehouse for consumption, on or after the

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

Æ
ACTIONS OF THE SEPTEMBER 5, 2018, MEETING OF THE EXECUTIVE COMMITTEE

VOTED that the Executive Committee, on behalf of the Board of Regents pursuant to Board 

Bylaw 3.01, approves the budget of appropriated funds for fiscal year 2019 when signed into 

law by the President, the institutional budget for Trust funds for fiscal year 2019 reflected in the 

report, and authorizes expenditures by the Secretary in accordance therewith. Any materials 

changes in program plans incorporated into the budget shall be made only with the approval of 

the Board of Regents or its Executive Committee.

VOTED that the Executive Committee, on behalf of the Board of Regents pursuant to Board 

Bylaw 3.01, approves the Smithsonian Institution’s budget request for appropriated funds for 

fiscal year 2020 for presentation to the Office of Management and Budget. Any material 

changes in program plans incorporated into this budget shall be made only with the approval of 

the Board of Regents or its Executive Committee.

VOTED that the Executive Committee, on behalf of the Board of Regents pursuant to Board 

Bylaw 3.01, approves the early redemption of the Series 2013A taxable bonds. The Executive 

Committee further recommends, on behalf of the Board of Regents, the establishment of a 

liquidity facility (either bank line of credit or commercial paper program) of up to an aggregate 

amount of $100 million (approval of specific details would be delegated to the Finance 

Committee).
**EXHIBIT 32.1**Written Statement of the Chief Executive Officer Pursuant to 18U.S.C. Section 1350     Pursuant to 18 U.S.C. Section 1350, the undersigned officerof JAKKS Pacific, Inc. (“Registrant”), herebycertifies that the Registrant’s Annual Report onForm 10-K for the year ended December 31, 2004 (the“Report”) fully complies with the requirements ofSection 13(a) or 15(d), as applicable, of the SecuritiesExchange Act of 1934 and that the information contained in theReport fairly presents, in all material respects, the financialcondition and results of operations of the Registrant.Date: March 31, 2005     /s/ Jack Friedman           JACK FRIEDMAN *Chairman and Chief Executive Officer*
94