alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
A96A1221, A96A1222.

#### SIMMONS v. THE STATE (two cases).

(474 SE2d 253)

Blackburn, Judge.

On November 28, 1995, after a bench trial, Norman Simmons was convicted under two separate indictments of theft by taking.1 Simmons was sentenced to serve five years for each conviction, to run concurrently. The sentences were probated on the conditions that Simmons spend a term of 60 to 120 days in a detention center, and for each conviction Simmons was required to pay a $1,000 fine, to make restitution,2 and to perform 50 hours of community service. On December 14, 1995, Simmons filed a motion to modify sentence which was not ruled upon by the trial court prior to Simmons’ notice of appeal filed on December 28, 1995.

1. By five enumerations of error, Simmons contends the trial court erred in rendering the sentence imposed. However, no objection was raised during the sentencing portion of the trial. Therefore, Simmons is not entitled to a review of that phase. See *Moody v. State,*206 Ga. App. 387, 391 (425 SE2d 397) (1992); *Chapman v. State,*154 Ga. App. 532 (4) (268 SE2d 797) (1980).

Moreover, Simmons’ claims that the sentence imposed is excessive are without merit. At trial, Simmons admitted that he had an agreement to cut timber off the victim’s property but, contrary to the agreement, he paid nothing to the victim. In the second case, Simmons admitted to cutting trees from his neighbor’s property without compensating his neighbor for the timber. Pursuant to OCGA § 16-8-12 (a) (1), the sentence prescribed for theft of property exceeding $500 in value is “imprisonment for not less than one nor more than ten years or, in the discretion of the trial judge, as for a misdemeanor.” In the present case, the trial court did not abuse its discretion as Simmons admitted that the timber he took from each victim *448was worth over $500.

Decided July 23, 1996

Reconsideration dismissed August 8, 1996

*Bobby J. Braswell,*for appellant.

*Timothy G. Vaughn, District Attorney, Russell P. Spivey, Assistant District Attorney,*for appellee.

2. On appeal, for the first time, Simmons contends his trial counsel was ineffective. In *Glover v. State,*266 Ga. 183 (2) (465 SE2d 659) (1996), our Supreme Court determined that a defendant’s failure to raise a claim of ineffective assistance of counsel in a motion for new trial “is a procedural bar to raising the claim at a later date.” Id. at 184. In the present case, rather than filing a motion for new trial, Simmons’ appellate counsel filed a motion to modify sentence and then filed a notice of appeal. Therefore, Simmons’ claim for ineffective assistance of counsel is procedurally barred and we do not address it on the merits.

*Judgment affirmed.*

*Beasley, C. J., and Birdsong, P. J, concur.*

1

 The State’s action for revocation of Simmons’ probation was abandoned after Simmons’ convictions. Simmons appealed both convictions which have been combined on appeal. Simmons asserted identical enumerations of error in each appeal.

2

 Restitution of $925 in one case and $1,000 in the other case was required.
|   | (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/ John J. Lennon |
|--------|--------------------|
|   |               |   |
|   | Name:              | John      J. Lennon |
|   | Title:             | President,      Chief Financial Officer and Chairman of the Board |
|   |               | (Principal      Executive Officer) |
|   |               |   |
|   | /s/ John J. Lennon |
|   |               |   |
|   | Name:              | John      J. Lennon |
|   | Title:             | President,      Chief Financial Officer and Chairman of the Board |
|   |               | (Principal      Financial Officer |
|   |               | and      Principal AccountingOfficer) |

----
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 State

          - [Public Notice 7023]

# SUMMARY:

The Charter of the Department of State's Cultural Property Advisory Committee (CPAC) has been renewed for an additional two years.

                        The Charter of the Cultural Property Advisory Committee is being renewed for a two-year period. The Committee was established by the Convention on Cultural Property Implementation Act of 1983, 19 U.S.C. 2601*et seq.*                         It reviews requests from other countries seeking U.S. import restrictions on archaeological or ethnological material the pillage of which places a country's cultural heritage in jeopardy. The Committee makes findings and recommendations to the Secretary of State, who, on behalf of the President, determines whether to impose the import restrictions. The membership of the Committee consists of private sector experts in archaeology, anthropology, or ethnology; experts in the international sale of cultural property; and representatives of museums and of the general public.                    

# FOR FURTHER INFORMATION CONTACT:

Cultural Heritage Center, U.S. Department of State, Bureau of Educational and Cultural Affairs, State Annex 5, 2200 C Street, NW., Washington, DC 20522. Telephone: (202) 632-6301; Fax: (202) 632-6300.

Dated: May 10, 2010.

Maria P. Kouroupas,

Executive Director, Cultural Property Advisory Committee, Department of State.

[FR Doc. 2010-12406 Filed 5-21-10; 8:45 am]

BILLING CODE 4710-05-P
Exhibit 32

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)


      In  connection   with  the   accompanying   Quarterly   Report  of  Summit
Environmental  Corporation,  Inc. (the "Company") on Form 10-QSB for the quarter
ended June 30, 2005 (the "Report"),  I, B. Keith Parker, Chief Executive Officer
of the Company, hereby certify that to my knowledge:

      (1)   The Report fully complies with the  requirements of Section 15(d) of
the Securities Exchange Act of 1934 (15 U.S.C. ss.78o(d)); and

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

Dated: August 22, 2005
                                            /s/ B. Keith Parker
                                            ------------------------------------
                                            B. Keith Parker
                                            Chairman and Chief Executive Officer


      The above certification is furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 (18 U.S.C. ss.1350) and is not being filed as part of
the Form 10-QSB or as a separate disclosure document.
CityFed Financial Corp.
              Statement Regarding the Computation of Per Share Loss



<TABLE>
<CAPTION>
                                           THREE MONTHS ENDED                SIX MONTHS ENDED
                                                 JUNE 30,                        JUNE 30,
                                          1999         1998               1999              1998
                                          ----         ----               ----              ----
<S>                                    <C>             <C>                <C>               <C>

 Computation of Loss Per Share:


 Weighted average number of shares
    outstanding                          18,715,609      18,714,646         18,715,609        18,715,288


 Loss applicable to  common stock:(1)

      From continuing operations       $(2,103,000)    $(2,083,000)       $(4,212,000)      $(4,176,000)
                                       ============    ============       ============      ============
      From discontinued operations     $          -    $          -       $          -      $          -
                                       ============    ============       ============      ============
      Net loss                         $(2,103,000)    $(2,083,000)       $(4,212,000)      $(4,176,000)
                                       ============    ============       ============      ============


Basic loss per share:

      From continuing operations       $     (0.11)    $     (0.11)       $     (0.23)      $     (0.22)
                                       ============    ============       ============      ============
      From discontinued operations     $          -    $          -       $          -      $          -
                                       ============    ============       ============      ============
      Net loss                         $     (0.11)    $     (0.11)       $     (0.23)      $     (0.22)
                                       ============    ============       ============      ============

<FN>
--------
1 Losses applicable to Common Stock are net of preferred stock dividends for the
six months  ended June 30,  1999 and 1998 in the  amount of  $4,317,000.  Losses
applicable  to Common Stock are net of preferred  stock  dividends for the three
months ended June 30, 1999 and 1998 in the amount of $2,158,000
</FN>
</TABLE>
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ORDER GRANTING APPLICATION FOR ADMISSION 

OF ATTORNEY JOHN R. RIZZARDI PRO HAC VICE - 1

CAIRNCROSS & HEMPELMANN, P.S.

ATTORNEYS AT LAW

524 2nd Ave, Suite 500

Seattle, WA 98104

office 206 587 0700 fax: 206 587 2308

{03849787.DOCX;1 }

JOHN R. RIZZARDI (Pro Hac Vice)

CAIRNCROSS & HEMPELMANN, P.S.

524 2nd Avenue, Suite 500

Seattle, WA 98104

Telephone: (206) 587-0700

Facsimile: (206) 587-2308

E-mail: jrizzardi@cairncross.com

Attorneys for Winding Creek Solar LLC

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In re

PG&E CORPORATION

and 

PACIFIC GAS AND

ELECTRIC COMPANY

Debtors.

Affects both Debtors

*All papers shall be filed in the Lead Case, 

No. 19-3008 (DM)

NO. 19-30088 (DM)

CHAPTER 11

(Lead Case)

(Jointly Administered)

ORDER GRANTING APPLICATION FOR

ADMISSION OF ATTORNEY JOHN R. 

RIZZARDI PRO HAC VICE

John R. Rizzardi, whose address and telephone number are:

John R. Rizzardi

CAIRNCROSS & HEMPELMANN, P.S.

524 2nd Avenue, Suite 500

Seattle, WA 98104

Telephone: (206) 587-0700

Facsimile: (206) 587-2308

E-mail: jrizzardi@cairncross.com

And who is an active member in good standing at the bar of State of Washington having 

applied in the above-entitled action for admission to practice in the Bankruptcy Court for the 

Northern District of California on a pro hac vice basis representing Winding Creek Solar LLC.

Signed and Filed: October 23, 2019

________________________________________

DENNIS MONTALI

U.S. Bankruptcy Judge

Entered on Docket 

October 24, 2019

EDWARD J. EMMONS, CLERK 

U.S. BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA

Case: 19-30088 Doc# 4456 Filed: 10/23/19 Entered: 10/24/19 08:07:46 Page 1 of

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ORDER GRANTING APPLICATION FOR ADMISSION

OF ATTORNEY JOHN R. RIZZARDI PRO HAC VICE - 2

CAIRNCROSS & HEMPELMANN, P.S.

ATTORNEYS AT LAW

524 2nd Ave, Suite 500

Seattle, WA 98104

office 206 587 0700 fax: 206 587 2308

{03849787.DOCX;1 }

IT IS HEREBY ORDERED THAT the application of John R. Rizzardi is granted, subject 

to the terms and conditions of Civil L.R. 11-3. All papers filed by the attorney must indicate 

appearance pro hac vice. Service of papers upon and communication with co-counsel designated 

in the application will constitute notice to the represented party. All future filings in this action 

are subject to the Bankruptcy Local Rule and Electronic Case Filing Procedures adopted by the 

United States Bankruptcy Court for the Northern District of California.

*** END OF ORDER ***

Case: 19-30088 Doc# 4456 Filed: 10/23/19 Entered: 10/24/19 08:07:46 Page 2 of

2
SIMMIE KENDRY

,

Appellant,

v.

MEADOWLARK REAL ESTATE, LLC, JEFF VIGUE; RAPID FUNDING GROUP; RANDY RUGG; AND THOMAS
C. SANTORO

,

Appellee s

. IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED

CASE NO. 1D 14

- 3497

_____________________________/

Opinion filed September 4, 2014.

An appeal from an order of the Circuit Court for Duval County

. Hugh A. Carithers , Judge

.

Simmie Kendry, pro se

, Appella nt.

No appearance for Appellee s

.

PER CURIAM.

DISMISSED. See Dedge v. Crosby , 914 So. 2d 1055 (Fla. 1st DCA 2005).

PADOVANO, THOMAS, and ROBERTS, J J

. , CONCUR.
<PAGE>

                                                                    EXHIBIT 32.1

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)

         In connection with the accompanying Quarterly Report of Summit
Environmental Corporation, Inc. (the "Company") on Form 10-QSB for the period
ended June 30, 2003 (the "Report"), I, Chris Dellinges, Chief Financial Officer
of the Company, hereby certify 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 (15 U.S.C. Section 78m or Section
78o(d)); and

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

Dated: August 19, 2003

                                                     /s/ Chris Dellinges
                                                     -----------------------
                                                     Chris Dellinges
                                                     Chief Financial Officer

         The above certification is furnished solely pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350) and is not being filed
as part of the Form 10-QSB or as a separate disclosure document.
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KELLER BENVENUTTI KIM LLP 

Jane Kim (#298192) 

(jkim@kbkllp.com) 

David A. Taylor (#247433) 

(dtaylor@kbkllp.com) 

Thomas B. Rupp (#278041) 

(trupp@kbkllp.com) 

650 California Street, Suite 1900 

San Francisco, CA 94108 

Tel: 415 496 6723 

Fax: 650 636 9251 

Attorneys for Debtors and Reorganized Debtors 

ROVENS LAMB LLP 

STEVEN A. LAMB (SBN 132534) 

slamb@rovenslamb.com 

Telephone: (310) 536.7830 

Facsimile: (310) 872.5489 

2601 Airport Drive, Suite 370 

Torrance, California 90505 

LAW OFFICES OF JENNIFER L. DODGE INC. 

Jennifer L. Dodge (#195321) 

(jdodgelaw@jenniferdodgelaw.com) 

2512 Artesia Blvd., Suite 300D 

Redondo Beach, California 90278 

Tel: (310) 372.3344 

Fax: (310) 861.8044 

UNITED STATES BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

In re: 

PG&E CORPORATION,

- and -

PACIFIC GAS AND ELECTRIC 

COMPANY,

Case Nos. 19-30088 (DM) 

(Lead Case) (Jointly Administered)

SECOND REQUEST FOR JUDICIAL 

NOTICE IN SUPPORT OF PG&E’S 

MEMORANDUM OF POINTS AND 

AUTHORITIES IN OPPOSITION TO 

MOTION FOR PARTIAL SUMMARY 

JUDGMENT AND COUNTER-MOTION 

FOR SUMMARY JUDGMENT 

Date: May 9, 2023 

Time: 10:00 a.m. (Pacific Time)

Place: (Tele/Videoconference Only) 

 United States Bankruptcy Court 

 Courtroom 17, 16th Floor 

 San Francisco, CA 94102 

Debtors. 

 Affects PG&E Corporation

 Affects Pacific Gas and Electric Company

 Affects both Debtors

* ALL PAPERS SHALL BE FILED IN THE

LEAD CASE, NO. 19-30088 (DM)

Case: 19-30088 Doc# 13693 Filed: 05/03/23 Entered: 05/03/23 10:40:16 Page 1

of 2
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Pursuant to Rule 201 of the Federal Rules of Evidence, Debtors PG&E Corporation and Pacific Gas 

and Electric Company herby request that the Court take judicial notice of the attached exhibits in 

opposition to Claimant’s Motion for Partial Summary Judgment and in Support of Debtors’ CounterMotion for Summary Judgment: 

EXHIBIT A Exhibit A to Supplemental Declaration of Roger Leatherman, 

Recorded Joint Use Agreement with San Mateo County Recorder’s 

Office 

DATED: May 3, 2023 

KELLER BENVENUTTI KIM LLP 

ROVENS LAMB LLP 

LAW OFFICES OF JENNIFER L. DODGE, INC. 

By: /S/ 

STEVEN A. LAMB 

Attorneys for Debtors and Reorganized Debtors 

Steven A. Lamb

Case: 19-30088 Doc# 13693 Filed: 05/03/23 Entered: 05/03/23 10:40:16 Page 2

of 2
~pellate 1JBibision of tbe ~upreme QCourt 

of tbe ~tate of Jl.ew ~ork 

jf irst Jubitial l\epartment 

3f, $>u%anna 3aoja%, QClerk of tbe ~ppellate 11Btbi%ion of 

tbe $>upreme QCourt of tbe $>tate of ~ew ~ork, jf tr%t jf ubtcial 

11Bepartment, certtfp tbat 

ADAM CRAIG HARRIS 

wag bulp licen%eb anb abmttteb to practice a% an ~ttornep anb 

QCoun%ellor at JLaw in all tbe court% of tbe $>tate of ~ew ~ork on 

;!fMartb t 7, t 987, ba% bulp taken anb %ub1Hribeb tbe oatb of office 

pre%cribeb hp law, ba% been enrolleb in tbe 3aoll of ~ttornep% anb 

QCoun%ellor% at JLaw on file in mp office, ba% bulp regi%tereb witb 

tbe abmini%tratibe office of tbe court%, anb accorbing to tbe recorb% 

of tbi% court i% in goob %tanbing a% an attornep anb coun%ellor at 

law. 

653 

3f n Witne%% Wbereof, 3f babe bereunto %et mp 

banb anb aff ixeb tbe %eal of tbi% court on 

®ctober 22" 2019 

. 

--~-~~~-~- QClerk of tbe QCourt ' 

Case: 19-30088 Doc# 4389-1 Filed: 10/22/19 Entered: 10/22/19 16:25:41 Page 1

of 1
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28 Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, NY 10153-0119

Exhibit B 

2019 Performance Metrics

Case: 19-30088 Doc# 4060-2 Filed: 10/01/19 Entered: 10/01/19 19:05:27 Page 1

of 2
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28 Weil, Gotshal & Manges LLP 767 Fifth Avenue New York, NY 10153-0119

2019 Performance Metrics 

1. Safety Metrics (inclusive of all safety-related Performance Metrics) (Weight: 

65%): 

i. Nuclear Reliability and Safety Indicator (Weight: 5%): Measures nuclear power 

generation and safety based on performance indicators for nuclear power generation 

developed by the nuclear industry and applied to all U.S. nuclear power plants.

ii. Public Safety Index (Weight: 25%): This metric includes two equally weighted submetrics: 

a. Enhanced Vegetation Management (“EVM”): EVM measures how many 

circuit miles of vegetation have been cleared under the EVM program within 

high-fire risk areas.

b. System Hardening: System hardening measures completed circuit miles within 

high-fire risk areas such as the updating or undergrounding of overhead circuitry.

iii. First-Time ILI Miles (Weight: 10%): Measures the number of miles of natural gas 

transmission pipelines that were successfully inspected for the first time following the 

introduction of inspection tools (sensors) within the pipelines.

iv. Asset Records Duration Index (Weight: 10%): Tracks the average number of days 

required to complete appropriate documentation of electric and gas construction projects. 

v. Serious Injuries and Fatalities Corrective Actions Index (15%): Measures the quality 

(as determined by an independent safety expert) and timeliness of corrective actions 

implemented in response to employee and contractor serious injuries and fatalities events. 

2. Customer Satisfaction (Weight: 10%): Measures the number of customer 

complaints escalated to the CPUC. 

3. Financial Performance (Weight: 25%): Earnings from Operations (“EFO”): Measures 

financial performance from ongoing core operations calculated as net income adjusted for 

income or expenses associated with events or circumstances outside of ongoing core operations. 

Case: 19-30088 Doc# 4060-2 Filed: 10/01/19 Entered: 10/01/19 19:05:27 Page 2

of 2
EXHIBIT B

Case: 19-30088 Doc# 2656-3 Filed: 06/19/19 Entered: 06/19/19 16:06:52 Page 1

of 10
CRAVATH, SWAINE & MOORE LLP

Paul H. Zumbro (pro hac vice)

(pzumbro@cravath.com)

Timothy G. Cameron (pro hac vice pending)

(tcameron@cravath.com)

Kevin J. Orsini (pro hac vice)

(korsini@cravath.com)

Omid H. Nasab (pro hac vice)

(onasab@cravath.com)

825 Eighth Avenue

New York, NY 10019

Tel: 212 474 1000

Fax: 212 474 3700

UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

In re:

PG&E CORPORATION,

- and –

PACIFIC GAS AND ELECTRIC

COMPANY,

Debtors.

 Affects PG&E Corporation

 Affects Pacific Gas and Electric Company

 Affects both Debtors

* All papers shall be filed in the Lead Case,

No. 19-30088 (DM).

Bankruptcy Case No. 19-30088 (DM)

Chapter 11

(Lead Case)

(Jointly Administered)

[AMENDED PROPOSED]

CONFIDENTIALITY AND PROTECTIVE

ORDER

WEIL, GOTSHAL & MANGES LLP

Stephen Karotkin (pro hac vice)

(stephen.karotkin@weil.com)

Ray C. Schrock, P.C. (pro hac vice)

(ray.schrock@weil.com)

Jessica Liou (pro hac vice)

(jessica.liou@weil.com)

Matthew Goren (pro hac vice)

(matthew.goren@weil.com)

767 Fifth Avenue

New York, NY 10153-0119

Tel: 212 310 8000

Fax: 212 310 8007

Keller & Benvenutti LLP

Tobias S. Keller (#151445)

(tkeller@kellerbenvenutti.com)

Jane Kim (#298192)

(jkim@kellerbenvenutti.com)

650 California Street, Suite 1900

San Francisco, CA 94108

Tel: 415 496 6723

Fax: 650 636 9251

Attorneys for Debtors

and Debtors in Possession

Case: 19-30088 Doc# 2656-3 Filed: 06/19/19 Entered: 06/19/19 16:06:52 Page 2

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