alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Motion s Granted; Continuing Abatement Order filed January 8, 2019

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 18

- 00640

- CV

____________ DAVID LEE STUDER, P. E. , Appellant

V.
JACK B. MOORE AND ON ESUBSEA, LLC , Appellee s

On Appeal from the 165th District Court

Harris County, Texas Trial Court Cause No. 2017

- 19260



### CONTINUING ABATEMENT ORDER

This is an attempted appeal from the grant of a summary judgment

. The record, however, contains no signed final judgment

. Appellees filed a motion to abate this appeal to allow supplementation of the record with a final judgment. On October 9, 2018 this court abated the appeal so that
the trial court could sign an order memorializing its ruling on the summary judgment

.A supp lemental clerk ’ s record containing the trial court ’ s judgment was ordered to

be filed with the clerk of this court on or before December 11, 2018

. To date, the court has not received a supplemental record containing the trial court’s final judgment. On D ecember 17, 2018 and December 21, 2018 appellant filed motions in this court requesting compliance with this court’s order. The motions are granted.
The appeal is abated, treated as a closed case, and removed from this c ourt ’ s active docket. The appeal wil l be reinstated on this c ourt ’ s active docket when the
trial court ’ s final judgment is filed in this c ourt. The c ourt will also consider an appropriate motion to reinstate the appeal filed by either party. It is the responsibility of any party seeking rein statement to request a hearing date from the trial court and to schedule a hearing in compliance with this c ourt ’ s order. If the parties do not request a hearing, the court coordinator of the trial court shall set a hearing date and notify the parties of s uch date.
If no final judgment is filed with this court within 30 days of the date of this court the court will consider dismissal of the appeal for want of jurisdiction.

PER CURIAM
Exhibit 10.1(b)


         Schedule of Secured Convertible Note (new financings) Issued by
              NCT Group, Inc. to Carole Salkind on October 30, 2006


   Issue Date        Due Date          Principal           Conversion Price
   ----------        --------          ---------           ----------------
    10/30/06         04/30/07          $505,000         Greater of:(i) $0.0035;
                                                        or (ii) the par value of
                                                        NCT Group, Inc.
                                                        common stock on the
                                                        date of conversion
[Federal Register Volume 61, Number 95 (Wednesday, May 15, 1996)]
[Notices]
[Pages 24479-24480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12179]



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

DEPARTMENT OF COMMERCE


Submission for OMB Review; Comment Request

    DOC has submitted to the Office of Management and Budget (OMB) for 
clearance the following proposal for collection of information under 
the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35).
    Agency: Patent and Trademark Office.
    Title: Disclosure Document Program.
    Form Number(s): PTO/SB/95.
    Agency Approval Number: 0651-0030.
    Type of Request: Reinstatement, without change, of a previously 
approved collection for which approval has expired.
    Burden: 5,400 hours.
    Number of Respondents: 27,000.
    Avg Hours Per Response: .2 hours.
    Needs and Uses: The information collected includes the invention 
disclosure submitted by the inventor and a form which requests the name 
and address of the inventor. The name and address information is used 
to notify the inventor of the receipt of the invention disclosure and 
to inform the inventor of the deposit number which must be used if the 
applicant desires to reference the invention disclosure in a subsequent 
application for patent.
    Affected Public: Individuals or households, businesses or other 
for-profit institutions, not-for-profit institutions, and Federal 
Government.
    Frequency: On occasion.
    Respondent's Obligation: Required to obtain or retain benefits.
    OMB Desk Officer: Maya A. Bernstein, (202) 395-3785.
    Copies of the above information collection proposal can be obtained 
by calling or writing Linda Engelmeier, Acting DOC Forms Clearance 
Officer, (202) 482-3272, Department of Commerce, Room 5327, 14th and 
Constitution Avenue, NW, Washington, DC 20230.
    Written comments and recommendations for the proposed information 
collection should be sent to Maya A. Bernstein, OMB Desk Officer, Room 
10236, New Executive Office Building, Washington, DC 20503.


[[Page 24480]]


    Dated: May 10, 1996.
Linda Engelmeier,
Acting Departmental Forms Clearance Officer, Office of Management and 
Organization.
[FR Doc. 96-12179 Filed 5-14-96; 8:45 am]
BILLING CODE 3510-16-F
**Exhibit 32.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO**

**18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report on Form 10-Q of Aviza Technology, Inc. (the “Company”),the undersigned Chief Financial Officer of the Company certifies pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that, to his knowledge:

 

(3)           the accompanying report on Form 10-Q of the Company for the quarterended December 30, 2005, as filed with the Securities and ExchangeCommission (the “Report”), fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended;and

 

(4)           the information contained in the Report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany for the periods presented therein.

 

 
| Date: February 13, 2006 |
|-------------------------|
|                    | By: | /s/ Patrick C. O’Connor |   |
|                    |   | Patrick C. O’Connor |
|                    |   | Executive Vice President  and Chief Financial Officer |

 

----
#### The People of the State of New York, Respondent, v Bradley Wilkerson, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered May 17, 1988, convicting him of attempted murder in the first degree, assault in the first degree, robbery in the first degree (three counts), assault in the second degree (three counts), and criminal possession of a weapon in the second degree (two counts), upon a jury verdict, and sentencing him to an indeterminate term of 18 years’ to life imprisonment for attempted murder in the first degree, to run consecutively to an indeterminate term of 7 Vi to 15 years’ imprisonment for assault in the first degree, to run consecutively to an indeterminate term of 5 to 10 years’ imprisonment for criminal possession of a weapon in the second degree under the seventeenth count of the indictment, to run concurrently with indeterminate terms of 12 Vi to 25 years’ imprisonment for each conviction of robbery in the first degree, 3 Vi to 7 years’ imprisonment for each conviction of assault in the second degree, and 5 to 10 years’ imprisonment for his conviction of criminal possession of a weapon in the second degree under the eighteenth count of the indictment.

Ordered that the judgment is modified, on the law, by providing that the term of imprisonment imposed for the conviction of criminal possession of a weapon in the second degree under the seventeenth count of the indictment shall run concurrently with the terms of imprisonment imposed for the conviction of attempted murder in the first degree; as so modified, the judgment is affirmed.

The defendant’s contention that the verdict sheet submitted to the jury was not proper is not preserved for appellate review since he failed to object to its submission *(see,*CPL 470.05 [2]; *People v Braithwaite,*154 AD2d 543; *People v Bey-Cruz,*152 AD2d 756; *People v Jusino,*152 AD2d 744; *People v Mathis,*150 AD2d 613; *cf., People v Nimmons,*72 NY2d 830), and we decline to review it in the exercise of our interest of justice jurisdiction because of the overwhelming evidence of *569the defendant’s guilt *(cf., People v Carballo,*158 AD2d 701; *People v Testaverde,*143 AD2d 208).

We also reject the defendant’s arguments that the prosecutor’s summation deprived him of a fair trial *(see, People v Galloway,*54 NY2d 396, 399) and that the trial court erred in marshaling the evidence in its charge *(see, People v Culhane,*45 NY2d 757, 758, *cert denied*439 US 1037; *see also, People v Holton,*160 AD2d 729; *People v Gray,*144 AD2d 483, 484; *People v McCright,*107 AD2d 766, 767; *People v Little,*98 AD2d 752, 753, *affd*62 NY2d 1020).

We do however agree, and the People concede, that the defendant was improperly sentenced with respect to his conviction for criminal possession of a weapon in the second degree and amend the sentence accordingly *(see,*Penal Law § 70.25 [2]; *People v Ellis,*139 AD2d 662; *see also, People v Underwood,*52 NY2d 882; *People v Claudio,*130 AD2d 759, 760). Thompson, J. P., Kunzeman, Harwood and Miller, JJ., concur.
Exhibit 32.2

 

**CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

To my knowledge, the Annual Report on Form 10-K for the year ended January 31, 2009, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the information contained in this Report fairly represents, in all material respects, the financial condition and results of operations of Ulticom, Inc.   

 

 

 

| Date:  September 30, 2009 | By:    | /s/ Mark. A. Kissman |
|-------------------------------------|--------|----------------------|
|                                |   |                 | Mark. A. Kissman |
|                                |   |                 | Senior Vice President and |
|                                |   |                 | Chief Financial Officer |

 

 

 

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon            request.
_________________________________________ 

 

 

Order Michigan Supreme Court 

Lansing, Michigan 

June 26, 2006 Clifford W. Taylor,

 Chief Justice 

130175(18) Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 130175 

 COA: 266115 

Monroe CC: 87-021623-FC 

GARY MICHAEL NORTHINGTON, 

Defendant-Appellant. 

_________________________________________/ 

On order of the Court, the motion for reconsideration of this Court’s order of April 

28, 2006 is considered, and it is DENIED, because it does not appear that the order was 

entered erroneously. 

p0619 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

June 26, 2006 

Clerk
**EXHIBIT 31.1****CERTIFICATION BY CHIEF EXECUTIVE OFFICER**I, James G. Azlein, certify that:1) I have reviewed this Quarterly Report on Form 10-Q of BPI Energy Holdings, Inc.; 2) Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3) Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4) The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which this report is beingprepared;  (b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controlsand procedures, as of the end of the period covered by this report based on such evaluation;and  (c) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter that hasmaterially affected, or is reasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and5) The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions): (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe 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 havea significant role in the registrant’s internal control over financial reporting.Date: December 17, 2007              /s/ James G. Azlein   By: James G. Azlein   Title:  President and Chief Executive Officer  
28
EXHIBIT
32


CERTIFICATION


OF


PRINCIPAL
EXECUTIVE OFFICER


AND


CHIEF
FINANCIAL OFFICER


PURSUANT
TO 18 U.S.C. 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002




I, Regis
Kwong, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q of
Jingwei International Limited for the quarter ended March 31, 2009 fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such Quarterly Report on
Form 10-Q fairly presents, in all material respects, the financial condition and
results of operations of Jingwei International Limited.




I, Yijia
(John) Bi, certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q of
Jingwei International Limited for the quarter ended March 31, 2009 fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such Quarterly Report on
Form 10-Q fairly presents, in all material respects, the financial condition and
results of operations of Jingwei International Limited.





By:
                    /s/
      Regis
      KwongRegis
      KwongChief
      Executive Officer (Principal Executive Officer)By:
                    /s/
      Yijia
      (John) BiYijia
      (John) BiChief
      Financial Officer(Principal
      Financial and Accounting Officer)




May 20,
2009
Exhibit 31.1
                   CERTIFICATION PURSUANT TO
         SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

     I, Kim Boyce, President of Reflect Scientific, Inc. (the "small business
issuer"), certify that:

     1.   I have reviewed this annual report (the "Annual Report") on Form
10-KSB of the small business issuer;

     2.   Based on my knowledge, this Annual 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 Annual 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 small business issuer as of, and for, the periods presented in
this Annual Report;

     4.   The small business issuer's other certifying officer(s) and I are
responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the small
business issuer and have:

     a)   designed such disclosure controls and procedures to ensure that
          material information relating to the small business issuer,
          including its consolidated subsidiaries, is made known to me by
          others within those entities, particularly during the period in
          which this Annual Report is being prepared;

     b)   evaluated the effectiveness of the small business issuer's
          disclosure controls and procedures as of a date within 90 days prior
          to the filing date of this Annual Report (the "Evaluation Date");
          and

     c)   presented in this Annual Report our conclusions about the
          effectiveness of the disclosure controls and procedures based on our
          evaluation as of the Evaluation Date;

5.   The small business issuer's other certifying officer(s) and I have
disclosed, based on our most recent evaluation, to the small business issuer's
auditors and the audit committee of the small business issuer's board of
directors (or persons performing the equivalent functions);

     a)   all significant deficiencies in the design or operation of internal
          controls which could adversely affect the small business issuer's
          ability to record, process, summarize and report financial data and
          have identified for the small business issuers auditors any material
          weaknesses in internal controls; and

     b)   any fraud, whether or not material, that involves management or
          other employees who have a significant role in the small business
          issuer's internal controls; and

Dated: 03/31/05                      Signature:/s/Kim Boyce
                                     Kim Boyce
                                     President
[Federal Register Volume 61, Number 89 (Tuesday, May 7, 1996)]
[Notices]
[Pages 20535-20536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11362]



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


DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institute of Allergy and Infectious Diseases; Notice of 
Meeting: Allergy, Immunology, and Transplantation Research Committee

    Pursuant to Pub. L. 92-463, notice is hereby given of the meeting 
of the Allergy, Immunology, and Transplantation Research Committee on 
June 17-18, 1996, at the Georgetown Holiday Inn, 2101 Wisconsin Avenue, 
N.W., Washington, D.C.
    The meeting will be open to the public from 8:30 a.m. to 9:45 a.m. 
on June 17 to discuss administrative details relating to committee 
business and program review, and for a report from the Director, 
Division of Extramural Activities which will include a discussion of 
budgetary matters. Attendance by the public will be limited to space 
available.
    In accordance with the provisions set forth in secs. 552b(c)(4) and 
552b(c)(6), Title 5, U.S.C. and sec. 10(d) of Pub. L. 92-463, the 
meeting will be closed to the public for the review, discussion, and 
evaluation of individual grant applications and contract proposals from 
9:45 a.m. until recess on June 17, and from 8:30 a.m. until adjournment 
on June 18. These applications, proposals, and the discussions could 
reveal confidential trade secrets or commercial property such as 
patentable material and personal information concerning individuals 
associated with the applications and proposals, the disclosure of which 
would constitute a

[[Page 20536]]

clearly unwarranted invasion of personal privacy.
    Ms. Claudia Goad, Committee Management Officer, National Institute 
of Allergy and Infectious Diseases, Solar Building, Room 3C26, National 
Institutes of Health, Bethesda, Maryland 20892, 301-496-7601, will 
provide a summary of the meeting and a roster of committee members upon 
request. Individuals who plan to attend and need special assistance, 
such as sign language interpretation or other reasonable 
accommodations, should contact Ms. Goad in advance of the meeting.
    Dr. Kevin M. Callahan, Scientific Review Administrator, Allergy, 
Immunology and Transplantation Research Committee, NIAID, NIH, Solar 
Building, Room 4C20, Bethesda, Maryland 20892, telephone 301-496-8424, 
will provide substantive program information.

(Catalog of Federal Domestic Assistance Program Nos. 93.855, 
Immunology, Allergic and Immunologic Diseases Research, National 
Institutes of Health)

    Dated: May 1, 1996.
Susan K. Feldman,
Committee Management Officer, NIH.
[FR Doc. 96-11362 Filed 5-6-96; 8:45 am]
BILLING CODE 4140-01-M
Exhibit
32.2





CERTIFICATION
OF CO-CHIEF EXECUTIVE OFFICER


PURSUANT
TO 18 U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002





I,
Michael A. Reisner, Co-Chief Executive Officer and Co-President of ICON Capital
Corp., the Manager of the Registrant, in connection with the Quarterly Report of
ICON Leasing Fund Eleven, LLC (the “LLC”) on Form 10-Q for the quarter
ended September 30, 2009, as filed with the Securities and Exchange
Commission on the date hereof (the “Quarterly Report”) certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:





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





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






Date: November
13, 2009





/s/Michael A. Reisner


Michael
A. Reisner


Co-Chief
Executive Officer and Co-President


ICON
Capital Corp.


Manager
of ICON Leasing Fund Eleven, LLC
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman

, Chief Justice

Robert P. Young, Jr.

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein

Joan L. Larsen,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

March 17 , 2017 

# Order

Clerk March 17 , 2017

15 4 987 ( 20 )

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

SC: 15 4987

v COA: 3 33602

Wayne CC: 02

- 001578

- 01

- FC

JOHNNY TIPPINS

, Defendant

- Appellant.

_________________________________________/

On order of the C hief Justice , the motion of defendant

- appellant to file a

supplemental pleading in support of the application for leave to appeal is GRANTED.

The suppleme ntal pleading will be accepted as timely filed if submitted on or before

April 7, 2017

.