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BIHN & McDANIEL, P.L.C. 

ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

Martin A. Bihn (014338)

Donna M. McDaniel (017366)

BIHN & McDANIEL, P.L.C.

2600 N. Central Ave, Suite 1775

Phoenix, Arizona 85004

Tel: (602) 248 9779

Fax: (602) 248 9749

Email: MBihn@phxlegal.com

Donna@phxlegal.com

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Montiah Chatman, individually and on 

behalf of her two minor children, J.L.C.

and E.V.T.P.; 

 Plaintiffs, 

vs. 

Marci D. Ferrell, Cindy Chrisman and the 

State of Arizona, a body politic;

Defendants.

Case No: 2:17-cv-03826-DLR

JOINT REPORT REGARDING 

GOOD FAITH SETTLEMENT 

DISCUSSIONS

Plaintiffs and defendants, by and through undersigned counsel, report that they have 

engaged in good faith settlement discussions but were unable to reach an agreement. The 

parties believe that further negotiations and a settlement conference should take place after 

the court rules on summary judgment motions the parties intend to file.

Case 2:17-cv-03826-DLR Document 99 Filed 08/09/19 Page 1 of 2
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BIHN & McDANIEL, P.L.C. 

ATTORNEYS AT LAW

SUITE 1775

2600 NORTH CENTRAL AVENUE

PHOENIX, ARIZONA 85004

(602) 248-9779

RESPECTFULLY SUBMITTED this 8th day of August, 2019. 

Bihn & McDaniel, P.L.C. Mark Brnovich 

Attorney General 

/s/ Martin A. Bihn /s/ Cynthia D. Starkey 

Martin A. Bihn James B. Bowen 

Donna M. McDaniel Cynthia D. Starkey 

Attorneys for Plaintiffs Assistant Attorneys General 

Attorneys for the State Defendants

Original of the foregoing electronically 

filed this 8th day of August, 2019, with: 

Clerk of the United States District Court 

using the CM/ECF System for filing and 

Transmittal of a Notice of Electronic Filing 

to the following registrants:

MARK BRNOVICH 

Attorney General 

JAMES B. BOWEN 

CYNTHIA D. STARKEY 

Assistant Attorney General 

2005 North Central Avenue 

Phoenix, Arizona 85004-1592

James.Bowen@azag.gov

Cynthia.Starkey@azag.gov

/s/ Martin A. Bihn

_____________________

Case 2:17-cv-03826-DLR Document 99 Filed 08/09/19 Page 2 of 2
| CERTIFICATION      OF 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)    | the      Quarterly Report on Form 10-Q of the Company for the quarter ended March      31, 2009 (the “Quarterly Report”) fully complies with the requirements of      Section 13(a) or 15(d) of the Securities Exchange Act of 1934, (15 U.S.C.      78m or 78o(d)); and |
|--------|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                                 |
|   | (ii)   | the      information contained in the Quarterly Report fairly presents, in all      material respects, the financial condition and results of operations of      the Company.                                                                                                        |

|  Date:      May 8, 2009 | By:         | /s/      Ronny Yakov                              |
|------------------------------|-------------|---------------------------------------------------|
|                    | Name:  | Ronny      Yakov                                  |
|                         | Title:      | President      and Interim Chief FinancialOfficer |

----
#### STATE of Missouri, Respondent, v. James M. BROWN, Appellant.

No. WD 41627.

Missouri Court of Appeals, Western District.

Dec. 12, 1989.

Cecil D. Williams, Kansas City, for appellant.

William L. Webster, Atty. Gen., John M. Morris, Asst. Atty. Gen., Jefferson City, for respondent.

Before LOWENSTEIN, P.J., and KENNEDY and GAITAN, JJ.

LOWENSTEIN, Presiding Judge.

This is an appeal from a bench trial on stipulated facts which resulted in a conviction and two year sentence, as a prior offender, for the class D felony of carrying a concealed weapon, § 571.030.1(1), RSMo 1986. The sole point concerns denial of a motion to suppress evidence and a post-arrest statement.

Kansas City police responded to an emergency call at 1:30 a.m. from a housing complex. Upon arriving, an officer saw the defendant run from behind a building the other way from the police, carrying a box which he was trying to conceal. The officer chased the defendant for about *k*of a mile and told him to stop. As the officer gained on the defendant, Brown threw away the box in which was later found a fully loaded highway patrolman’s 357 revolver. After being arrested, the box was opened. Brown was read his rights pertaining to self incrimination, then voluntarily gave a statement which he then refused to sign.

The thrust of the appeal seems to be a lack of probable cause for the arrest, thus negating any justifiable reason for opening the box. The defendant’s reliance on *State v. Berry,*609 S.W.2d 948 (Mo. banc 1980), is misplaced. Just because the *717defendant in *Berry*was in a no trespassing area and fit the description of a wanted person does not take away from the facts here: an emergency call at 1:30 in the morning, the officer seeing the defendant run out from behind the building the subject of the call, the defendant running the other way concealing a box and refusing to heed the call of the officer. These facts gave reasonable suspicion to the officer to warrant the stop and the subsequent arrest. *Terry v. Ohio,*392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968); *State v. Fernandez,*691 S.W.2d 267, 269 (Mo. banc 1985); *State v. Cross,*757 S.W.2d 613, 614 (Mo.App.1988).

A warrantless search was also lawful where the officer saw the suspect discard the evidence and the officer simply retrieves that evidence. *State v. Brown,*762 S.W.2d 471, 475 (Mo.App.1988); *State v. Berry, supra,*at 952.

The defendant also looks to *Michigan v. Chesternut,*486 U.S. 567, 108 S.Ct. 1975, 100 L.Ed.2d 565 (1988). *Chestemut,*though, involved a different set of facts and does not help the defendant as the police there followed a suspicious person for a long period and did not command him to halt nor did they act in an “aggressive manner” to block escape. *Id.*108 S.Ct. at 1980. The police action here was reasonable, and under the standard of review of a motion to suppress, *State v. Trimble,*654 S.W.2d 245, 254 (Mo.App.1983), proper.

The judgment of the trial court is affirmed.
<PAGE>

                                                                    EXHIBIT 21.1

                              LIST OF SUBSIDIARIES

                        ENTERPRISE PRODUCTS PARTNERS L.P.
                       ENTERPRISE PRODUCTS OPERATING L.P.

Acadian Acquisition, LLC, a Delaware limited liability company
Acadian Consulting, LLC, a Delaware limited liability company
Acadian Gas LLC, a Delaware limited liability company
Acadian Gas Pipeline System, a Texas general partnership
Cajun Pipeline Company, LLC, a Texas limited liability company
Calcasieu Gas Gathering System, a Texas general partnership
Chunchula Pipeline Company, LLC, a Texas limited liability company
Cypress Gas Marketing, LLC, a Delaware limited liability company
Cypress Gas Pipeline, LLC, a Delaware limited liability company
Deep Gulf Development, LLC, a Delaware limited liability company
E-Cypress, LLC, a Delaware limited liability company
Enterprise Fractionation LLC, a Delaware limited liability company
Enterprise Gas Processing LLC, a Delaware limited liability company
Enterprise Lou-Tex NGL Pipeline L.P., a Texas limited partnership
Enterprise Lou-Tex Propylene Pipeline L.P., a Texas limited partnership
Enterprise NGL Pipelines, LLC, a Delaware limited liability company
Enterprise NGL Private Lines & Storage LLC, a Delaware limited liability company
Enterprise Norco LLC, a Delaware limited liability company
Enterprise Offshore Development, LLC, a Delaware limited liability company
Enterprise Products Texas Operating L.P., a Texas limited partnership
Enterprise Terminals & Storage, LLC, a Delaware limited liability company
E-Oaktree, LLC, a Delaware limited liability company
EPIK Gas Liquids LLC, a Texas limited liability company
EPIK Terminalling L.P., a Texas limited partnership
EPOLP 1999 Grantor Trust, a trust formed under Texas law
Evangeline Gulf Coast Gas, LLC, a Delaware limited liability company
Grande Isle Pipeline LLC, a Delaware limited liability company
HSC Pipeline Partnership, L.P., a Texas limited partnership
Mapletree, LLC, a Delaware limited liability company
MCN Acadian Gas Pipeline, LLC, a Delaware limited liability company
MCN Pelican Interstate Gas, LLC, a Delaware limited liability company
MCN Pelican Transmission LLC, a Delaware limited liability company
Mid-America Pipeline Co., LLC, a Delaware limited liability company
Moray Pipeline Company, LLC, a Delaware limited liability company
Neches Pipeline System, a Texas general partnership
Ponchatrain Natural Gas System, a Texas general partnership
Propylene Pipeline Partnership, L.P., a Texas limited partnership
Quest Transmission Ltd., a Delaware limited partnership
Quest Energy Co., a Delaware corporation
Sabine Propylene Pipeline L.P., a Texas limited partnership
Sailfish Pipeline Company, L.L.C., a Delaware limited liability company
Seminole Pipeline Company, a Delaware corporation
Sorrento Pipeline Company, LLC, a Texas limited liability company
Tejas-Magnolia Energy, LLC, a Delaware limited liability company
TXO-Acadian Gas Pipeline, LLC, a Delaware limited liability company
Venice Pipeline LLC, a Delaware limited liability company
[Federal Register Volume 61, Number 96 (Thursday, May 16, 1996)]
[Proposed Rules]
[Page 24731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12265]



========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 61, No. 96 / Thursday, May 16, 1996 / 
Proposed Rules

[[Page 24731]]



NUCLEAR REGULATORY COMMISSION

10 CFR Part 26

RIN 3150-AF12


Meeting on Proposed Changes to the Fitness-for-Duty Rule

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of meeting.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) will conduct a meeting 
to discuss the proposed changes to the fitness-for-duty rule, 10 CFR 
Part 26, which were published in the Federal Register on May 9, 1996 
(61 FR 21105). The purpose of the meeting is to ensure potential 
commenters understand the proposed changes and can make informed 
comments. The discussions will be transcribed and verbal comments may 
be made during the meeting. The comment period closes on August 7, 
1996.

DATES: The meeting will be held on June 12, 1996, from 8:00 a.m. to 
5:00 p.m.

ADDRESSES: Plaza Ballroom I and II of the Doubletree Hotel Rockville, 
1750 Rockville Pike, Rockville, Maryland 20852. Reservations for 
overnight accommodations at the Doubletree Hotel may be made at 1-800-
222-Tree or (301) 468-1100.

FOR FURTHER INFORMATION CONTACT: Loren L. Bush, U.S. Nuclear Regulatory 
Commission, Office of Nuclear Reactor Regulation, Washington, DC 20555, 
telephone (301) 415-2944.

    Dated at Rockville, Maryland, this 10th day of May 1996.
Loren L. Bush, Jr.,
Senior Program Manager, Safeguards Branch, Division of Reactor Program 
Management, Office of Nuclear Reactor Regulation.
[FR Doc. 96-12265 Filed 5-15-96; 8:45 am]
BILLING CODE 7590-01-P
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

LAWRENCE DONNELL FLOOD, JR.,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D22-49

[August 23, 2023]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, 

Martin County; Sherwood Bauer, Jr., Judge; L.T. Case No. 

432013CF000634A.

Rachael E. Reese of O’Brien Hatfield Reese, P.A., Tampa, for appellant.

Ashley Moody, Attorney General, Tallahassee, and Lindsay A. Warner, 

Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Lawrence Flood appeals his conviction and sentence after a jury found 

him guilty of robbery and aggravated battery. He argues the circuit court 

erred when it denied his motion to suppress his statements made after his 

arrest. His arrest, he argues, was accomplished through the warrantless 

tracking of a cell phone—a cell phone he obtained using a fictitious name.

We agree with Flood’s argument that the police should have obtained a 

search warrant for Flood’s cell phone location. Nevertheless, the discovery 

of Flood’s precise location was inevitable. See Rodriguez v. State, 187 So. 

3d 841, 846 (Fla. 2015) (discussing the inevitable discovery doctrine). As 

the result of a controlled call, the police knew Flood was in Orlando at a 

theme park. When the police went to Orlando to arrest Flood, they did so 

with an arrest warrant. So we affirm the circuit court’s denial of Flood’s 

motion to suppress.

Affirmed.

WARNER, DAMOORGIAN and KUNTZ, JJ., concur.
2

* * *

Not final until disposition of timely filed motion for rehearing.
#### Anthony NENNINGER, Petitioner/Appellant, v. Pamela A. JENSEN f/k/a Pamela A. Kloeckner, Respondent/Respondent.

No. 68735.

Missouri Court of Appeals, Eastern District, Division Three.

June 11, 1996.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 24, 1996.

Application to Transfer Denied Sept. 17, 1996.

*422Before GERALD M. SMITH, P.J., and GARY M. GAERTNER and RHODES RUSSELL, JJ.

*ORDER*

PER CURIAM.

Anthony Nenninger appeals from a decision of the City of St. Louis Circuit Court which modified the child support order previously entered between himself and Pamela A. Kloeckner and denied his motion for civil contempt. We affirm. Respondent’s motion to dismiss and for damages for frivolous appeal is denied.

An extended opinion would serve no prece-dential value. However, the parties have been furnished with a memorandum opinion for their information only, setting forth the reasons for this order. The judgment is affirmed pursuant to Rule 84.16(b).
Beckstead and Watts, LLP
Certified Public Accountant
                                                       3340 Wynn Road Suite C
                                                          Las Vegas, NV 89102
                                                                 702.257.1984
                                                             702.362.0540 fax





March 27, 2003


To Whom It May Concern:

The firm of Beckstead and Watts, LLP, consents to the inclusion of our report
of  March  27, 2003, on the Financial Statements of Your Domain.com  for  the
years ended December 31, 2002 and 2001, in its Form 10K-SB filing to be filed
with the US Securities and Exchange Commission.

Signed,


/s/ Beckstead and Watts, LLP


Beckstead and Watts, LLP
Exhibit 32.2

Certification of Principal 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 the Quarterly Report of pSivida Limited (the Company) on Form 10-Q for the quarter ended December 31, 2007, as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, Michael J. Soja, Vice President, Finance and Chief Financial Officer of the Company, certify that to the best of my knowledge:



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



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



|                    |  |                                                    
|------------------- |  | ---------------------------------------------------
|Date:               |  | February 11, 2008                                  
|                   
|/s/ Michael J. Soja
|Name:               |  | Michael J. Soja                                    
|Title:              |  | Vice President, Finance and Chief Financial Officer
Exhibit 32.1

CERTIFICATION PURSUANT TO 18 U.S.C. §1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE

SARBANES-OXLEY ACT OF 2002

In accordance with 18 U.S.C. §1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, Charles A. Carroll, President and Chief Executive Officer of Goodman Global, Inc. (the Registrant) and Lawrence M. Blackburn, Executive Vice President and Chief Financial Officer of the Registrant, each hereby
certifies that, to the best of his knowledge:



| | 1. | the Registrants Amended Quarterly Report on Form 10-Q/A for the period ended June 30, 2006, to which this Certification is attached as Exhibit 32.1 (the Periodic
Report), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended;
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | The information contained in the Periodic Report fairly presents, in all material respects, the financial condition of the Registrant at the end of the period covered by the
Periodic Report and results of operations of the Registrant for the periods covered by the Periodic Report.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



By:

/s/ Charles A. CarrollCharles A. CarrollPresident and Chief Executive OfficerBy:

/s/ Lawrence M. BlackburnLawrence M. BlackburnExecutive Vice President and Chief Financial
Officer


Date: April 5, 2007
**Exhibit 32.2**

 

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

 

Inconnection with the Quarterly Report of Summer Infant, Inc. (the “Company”)on Form 10Q for the period ending June 30, 2008 (the “Report”), asfiled with the Securities and Exchange Commission on the date hereof, I JosephDriscoll, Chief Financial Officer of the Company, certify pursuant to Sec. 906of the Sarbanes-Oxley Act of 2002, that:

 

1.               The Report fully complies with therequirements of section 13 (a) or 15(d) of the Securities ExchangeAct of 1934, as amended; and

 

2.               The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 
| /s/  Joseph Driscoll     |                  |
|--------------------------|-----------------------|
| Joseph  Driscoll         | November 7, 2008 |
| Chief  Financial Officer |                  |

 

----
*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.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 98-20496

Summary Calendar

JOHN H. FOREMAN,

Plaintiff-Appellant,

VERSUS

TEXAS DEPARTMENT OF CORRECTIONS, ET AL.,

Defendants,

TEXAS DEPARTMENT OF CORRECTIONS; S. A. SMITH,

Acting Chief of Inspection; DAVID MCNUTT, Assistant

Director; LARRY SNYDER, Personnel Director; ROBERT E.

PETTY, IV, Assistant Director,

Defendants-Appellees.

Appeal from the United States District Court

for the Southern District of Texas

(H-88-CV-3323)

April 23, 1999

Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

John H. Foreman ("Foreman") sued his employer, the Texas

Department of Corrections ("TDC"), claiming that he was
2

discriminated against because he is black and he was retaliated

against because he exercised free speech rights. TDC filed two

motions for summary judgment, the second of which was granted by

the district court. Foreman appeals.

We have carefully reviewed the briefs and relevant portions of

the record itself. Foreman’s brief fails to point out any portions

of the summary judgment record which would raise a genuine issue of

fact as to his claims, and cites no cases nor statutory provisions

in support of his contentions. Consequently, this Court has no

basis upon which to conclude that the district court erred in

granting summary judgment in favor of TDC. Accordingly, this case

is AFFIRMED.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

**COMMONWEALTH OF PENNSYLVANIA,**

**Respondent**

**v.**

**MICHAEL TYRONE WALKER,**

**Petitioner :** 

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**: No. 244 MAL 2016** 

**Petition for Allowance of Appeal from the Order of the Superior Court** 

ORDER

PER CURIAM

AND NOW **, this 7th day of July, 2016, the Petition for Allowa nce of Appeal is** 

DENIED

**.**
**EXHIBIT 32.2****CERTIFICATE OF SENIOR VICE PRESIDENT & C.F.O.**     I, Suzanne Long, Senior Vice President & C.F.O. of Integrity Bancshares, Inc. (the“Registrant”), do hereby certify in accordance with 18 U.S.C. 1350, as adopted pursuant to Section906 of the Sarbanes-Oxley Act of 2002, that, based on my knowledge: (1) the annual report on Form 10-K of the Registrant, to which this certificate isattached as an exhibit (the “Report”), fully complies with the requirements of section13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a)); and  (2) the information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of the Registrant.Dated: March 13, 2007              /s/ Suzanne Long   Suzanne Long, Senior Vice President & C.F.O.