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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA

 

 Before the Court is the parties’ Stipulation to Dismiss (Doc. 15). Pursuant to the 

parties’ stipulation, 

 IT IS ORDERED: 

1. That the Stipulation to Dismiss (Doc. 15) is granted; 

2. That this action is dismissed with prejudice in its entirety; 

3. That each party shall bear its own costs and attorneys’ fees; and 

4. That the Clerk of Court shall terminate this action. 

Dated this 9th day of January, 2018.

Honorable Steven P. Logan

United States District Judge

Fernando Gastelum, 

 

Plaintiff, 

vs. 

G6 Hospitality Property, LLC, 

Defendant. 

)

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

)

No. CV-17-04119-PHX-SPL

ORDER 

Case 2:17-cv-04119-SPL Document 16 Filed 01/10/18 Page 1 of 1
<PAGE>   1
                                                                   EXHIBIT 10.23


                                   AGREEMENT


         AGREEMENT made and entered into as of April 1, 2000 between CMS
Marketing Services and Trading Company ("MST") and CMS Oil and Gas Company
("OGC").


         OGC and the Midland Cogeneration Venture Limited Partnership ("MCV")
are parties to a Natural Gas Purchase Agreement dated May 1, 1989 (the "MCV
Contract") pursuant to which OGC is obligated to supply, and MCV is required to
purchase, a minimum of 7,500 MMBTU/day through December 31, 2006. To assist in
meeting its obligations under the MCV Contract, OGC entered into (i) contracts
to purchase gas produced from certain Antrim units with Oilfield Investments,
Ltd., Terra Energy Ltd., Trendwell Oil Corporation, Don Yohe Enterprises Inc.,
and Guardian Energy Management Corporation (the "Michigan Producer Contracts",
which are set forth on Exhibit A), and (ii) a Swap Agreement with Louis Dreyfuss
Exchanges, Ltd. dated July 31, 1992 (the "Dreyfuss Swap Agreement"). On March
31, 2000, OGC sold its entire interest in its oil and gas wells and reserves
located in the State of Michigan. After such sale, MST shall provide all
administrative and marketing services, including making payments to third
parties and managing nominations, balancing, transportation and processing with
regard to the MCV Contract, the Michigan Producer Contracts, the Dreyfuss Swap
Agreement and the Transportation and Processing Agreements set forth on Exhibit
B (collectively, the "Contracts") and assume all the economic benefits and costs
associated with the performance of the Contracts, including all commodity price
risks, effective April 1, 2000 and thereafter until termination of each of the
respective Contracts. In exchange, MST agrees to pay OGC within seven days
hereof a sum of One Hundred Eighty-Six Thousand Seven Hundred Nineteen Dollars
($186,719), calculated in accordance with the Schedule set forth on Exhibit C.


CMS MARKETING, SERVICES AND                 CMS OIL AND GAS COMPANY
 TRADING COMPANY



By: /s/ Del Blom                            By:  /s/ W.H. Stephens, III
   ---------------------------                  --------------------------------

Name: Del Blom                              Name:  W.H. Stephens, III
     -------------------------                    ------------------------------

Title: Vice President Gas                   Title: Executive Vice President,
       Trading                                     General Counsel & Secretary
      ------------------------                    ------------------------------

Date:  5/1/00                               Date:  5/1/00
      ------------------------                    ------------------------------
Dismissed and Opinion Filed February 23, 2023 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-23-00082-CV 

WENCESLAO GONZALEZ, INDIVIDUALLY AND AS 

PERSONAL REPRESENTATIVE OF THE ESTATE OF 

MARIA B. GONZALEZ, DECEASED, Appellant 

V. 

ADVANCED SURGICAL OF NORTH TEXAS, Appellee 

On Appeal from the 380th Judicial District Court 

Collin County, Texas 

Trial Court Cause No. 380-01224-2022 

MEMORANDUM OPINION 

Before Justices Partida-Kipness, Smith, and Breedlove 

Opinion by Justice Partida-Kipness 

Before the Court is appellant’s motion to dismiss the appeal, filed in 

response to our request for jurisdictional briefing. We grant the motion and 

dismiss the appeal. TEX. R. APP. P. 42.1(a)(1).

230082F.P05 

/Robbie Partida-Kipness/

ROBBIE PARTIDA-KIPNESS 

JUSTICE 
 –2– 

S 

Court of Appeals 

Fifth District of Texas at Dallas 

JUDGMENT 

WENCESLAO GONZALEZ, 

INDIVIDUALLY AND AS 

PERSONAL REPRESENTATIVE 

OF THE ESTATE OF MARIA B. 

GONZALEZ, DECEASED, Appellant 

No. 05-23-00082-CV V. 

ADVANCED SURGICAL OF 

NORTH TEXAS, Appellee 

 On Appeal from the 380th Judicial 

District Court, Collin County, Texas 

Trial Court Cause No. 380-01224-

2022. 

Opinion delivered by Justice PartidaKipness. Justices Smith and Breedlove 

participating. 

 In accordance with this Court’s opinion of this date, the appeal is 

DISMISSED. 

 It is ORDERED that appellee ADVANCED SURGICAL OF NORTH 

TEXAS recover its costs of this appeal from appellant WENCESLAO 

GONZALEZ, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF 

THE ESTATE OF MARIA B. GONZALEZ, DECEASED. 

Judgment entered February 23, 2023
[Federal Register Volume 61, Number 98 (Monday, May 20, 1996)]
[Notices]
[Page 25226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12559]



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


DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institute for Occupational Safety and Health (NIOSH): 
Cancellation of Meeting

    This notice announces the cancellation of a previously announced 
meeting.
    Federal Register Citation of Previous Announcement: 61 FR 19628, 
May 2, 1996.

    Previously Announced Time and Date: 1 p.m.-5 p.m., June 5, 1996.
    Change in the Meeting: This meeting has been cancelled.
    Contact Person For More Information: James W. Collins, NIOSH, 
CDC, 1095 Willowdale Road, M/S 1133, Morgantown, West Virginia 
26505-2888, telephone 304/285-5998.

    Dated: May 14, 1996.
Nancy C. Hirsch,
Acting Director, Management Analysis and Services Office Centers for 
Disease Control and Prevention (CDC).
[FR Doc. 96-12559 Filed 5-17-96; 8:45 am]
BILLING CODE 4160-19-M
EXHIBIT 32.1. Certification of Principal Executive Officer Pursuant to 18 U.S.C. 1350 (Section 906 of the Sarbanes-Oxley Act of 2002)   I, Kim Boyce, Chief Executive Officer, and David Strate, Principal Accounting Officer, of Reflect Scientific, Inc. (the "Registrant") do hereby certify, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of our knowledge, based upon a review of the Annual Report on Form 10-K for the period December 31, 2008 of the Registrant, as filed with the Securities and Exchange Commission on the date hereof (the "Report"):  (1) The 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 Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.  Dated:  April 15, 2009 By:  /s/ Kim Boyce  Kim Boyce  Chief Executive Officer  By:  /s/  David Strate David Strate, Principal Accounting Officer  * A signed original of this written statement required by Section 906 has been provided to Reflect Scientific, Inc. and will be retained by Reflect Scientific, Inc. and furnished to the Securities Exchange Commission or its staff upon request.
IV 

111TH CONGRESS 

1ST SESSION H. RES. 446 

Of inquiry requesting the President and directing the Administrator of the 

Environmental Protection Agency and the Director of the Office of Management and Budget to provide certain documents to the House of 

Representatives relating to the Environmental Protection Agency’s April 

proposed finding that greenhouse gas emissions are a danger to public 

health and welfare. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2009 

Mr. SENSENBRENNER submitted the following resolution; which was referred 

to the Committee on Energy and Commerce 

RESOLUTION 

Of inquiry requesting the President and directing the Administrator of the Environmental Protection Agency and the 

Director of the Office of Management and Budget to 

provide certain documents to the House of Representatives relating to the Environmental Protection Agency’s 

April proposed finding that greenhouse gas emissions 

are a danger to public health and welfare. 

1 Resolved, That the President is requested and the Ad2 ministrator of the Environmental Protection Agency and 

3 the Director of the Office of Management and Budget are 

4 directed to furnish the House of Representatives, not later 


jbell on PROD1PC69 with BILLS
2 

•HRES 446 IH 

1 than 14 days after the adoption of this resolution, all doc2 uments, including telephone and electronic mail records, 

3 logs and calendars, and records of internal discussions in 

4 the possession of the Administrator of the Environmental 

5 Protection Agency or the Director of the Office of Man6 agement and Budget, relating to the following: 

7 (1) The untitled, undated memo marked ‘‘De8 liberative—Attorney Client Privilege’’, which begins 

9 ‘‘The NPRM fails to articulate the process by which 

10 the Administrator came to the conclusion on p. 30’’. 

11 (2) Interagency comments or documents related 

12 to the Environmental Protection Agency’s April pro13 posed finding that greenhouse gas emissions are a 

14 danger to public health and welfare. 

15 (3) Cost benefit or systematic risk analysis re16 lated to the Environmental Protection Agency’s 

17 April proposed finding that greenhouse gas emis18 sions are a danger to public health and welfare. 

19 (4) Scientific evidence or opinion that dem20 onstrates health effects of greenhouse gases. 

Æ 


jbell on PROD1PC69 with BILLS
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

January 4, 2007 Clifford W. Taylor, Chief Justice
132452 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: 132452 COA: 271897 Saginaw CC: 89-003189-FC STEVEN KENNETH ADAMS, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the October 4, 2006 order of the Court of Appeal s is considered, and it is DE NIED, because the defendant’s motion for relief from judgment is prohibited by MCR 6.502(G).

s1218 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

January 4, 2007

Clerk
Exhibit 24

                                Power of Attorney



                                      -39-
<PAGE>

<TABLE>

                                POWER OF ATTORNEY

Each person whose signature appears below hereby authorizes Terry L. Robinson or
Thomas F. Malloy and either of them, as attorney-in-fact,  to sign in his or her
behalf,  individually and in each capacity stated below, and to file this Annual
Report on Form 10- KSB and all amendments  and/or  supplements to this file this
Annual Report on Form 10- KSB

<CAPTION>
Signature                               Title                                   Date

<S>                                     <C>                                 <C>
/s/David B. Gaw                         Director                            March 28, 2000
------------------------------------
David B. Gaw


                                        Director                            March __, 2000
------------------------------------
Conrad W. Hewitt


/s/Harlan R. Kurtz                      Director                            March 28, 2000
------------------------------------
Harlan R. Kurtz


/s/Richard S. Long                      Director                            March 28, 2000
------------------------------------
Richard S. Long


/s/Thomas H. Lowenstein                 Director and                        March 28, 2000
------------------------------------    Vice Chairman of the Board
Thomas H. Lowenstein


/s/Thomas F. Malloy                     Director and                        March 28, 2000
------------------------------------    Chairman of the Board
Thomas F. Malloy


/s/Terry L. Robinson                    President, Chief                    March 28, 2000
------------------------------------    Executive Officer and Director
Terry L. Robinson                       (Principal Executive Officer)



/s/James E. Tidgewell                   Director                            March 28, 2000
------------------------------------
James E. Tidgewell


/s/Lee-Ann Almeida                      Vice President                      March 27, 2000
------------------------------------    Chief Financial Officer
Lee-Ann Almeida                         (Principal Financial Officer)

</TABLE>


                                      -40-
Exhibit
      32.1






CERTIFICATION
      PURSUANT TO




18
      U.S.C.
      SECTION 1350,




AS
      ADOPTED PURSUANT TO




SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002






In
      connection with the Annual Report of EarthBlock Technologies, Inc. (the
“Company”) on Form 10-KSB for the period ending December 31, 2005, as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), I,
      Gregory A. Pitner, acting in the capacity as the Chief Executive Officer of
      the
      Company, certify to the best of our knowledge, pursuant to 18 U.S.C. Section
      1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
      that:




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




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




****EarthBlock
              Technologies, Inc****Date: April
              12, 2006
            By:
            /s/ Gregory
              A. PitnerChief
              Executive Officer
**EXHIBIT
      32**




**CERTIFICATION
      PURSUANT TO**




**18
      U.S.C. SECTION 1350**


**AS
      ADOPTED PURSUANT TO**




SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002




In
      connection with the Annual Report of Crown Equity Holdings Inc. on Form 10-KSB
      for the period from ended December 31, 2007 as filed with the Securities and
      Exchange Commission on the date hereof (the "Report"), the undersigned, in
      the
      capacities and on the dates indicated below, hereby certifies pursuant to 18
      U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
      Act of 2002, that to the best of his 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 operation of the Company.




/s/
              Arnulfo
              SaucedoArnulfo Saucedo
              CEO
              Dated:
                  April 18, 2008  This
      certification accompanies the Report pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by
      the
      Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
      Section 18 of the Securities Exchange Act of 1934, as amended.
#### Miguel MONTOYA, Appellant, v. The STATE of Texas, Appellee.

No. 1555-92.

Court of Criminal Appeals of Texas, En Banc.

Sept. 20, 1995.

*529Gary A. Udashen, Dallas, for appellant.

Patricia Poppoff Noble, Assistant District Attorney, Dallas, Robert A. Huttash, State’s Atty., Austin, for the State.

*OPINION ON APPELLANTS PETITION FOB DISCRETIONARY REVIEW*

MALONEY, Judge.

A jury convicted Appellant of aggravated sexual assault and assessed punishment at confinement for ninety-nine years. The Court of Appeals affirmed the conviction. *Montoya v. State,*841 S.W.2d 419 (Tex.App.-Dallas 1992). We granted Appellant’s petition for discretionary review to determine whether the Court of Appeals erred in its treatment of Appellant’s contention that the evidence was insufficient.

Before trial, the State moved to amend the indictment to allege the complainant’s first name was “Lora” instead of “Lisa.” The trial court entered an order reflecting the change, but the indictment was never physically altered. See *Ward v. State,*829 S.W.2d 787 (Tex.Cr.App.1992). On appeal, Appellant contended that the attempted amendment of the indictment was not effective and the evidence was insufficient because of a fatal variance between the complainant’s name alleged in the indictment and the proof at trial. The Court of Appeals agreed that the indictment was not effectively amended, but the court characterized this as trial error requiring a reversal and remand for a new trial. *Montoya,*841 S.W.2d at 428-24. As for the sufficiency of the evidence, the court measured the evidence against the jury charge. The charge required the jury to determine whether the complainant’s first name was Lora, consistent with the proof at trial but different from the name as alleged in the indictment. Consequently, the Court of Appeals found the evidence to be sufficient. *Id.*at 422-28.

When an indictment facially alleges a complete offense, the State is bound by the theory alleged in the indictment, as is the reviewing court in its sufficiency analysis. *Fisher v. State*887 S.W.2d 49, 57 (Tex.Cr.App.1994). Because the Court of Appeals did not have the benefit of this Court’s opinion in *Fisher,*the Court of Appeals’ judgment is vacated, and this case is remanded to that court for reconsideration in light of *Fisher.*

KELLER, J., not participating.
EXHIBIT 10.24

                                   Allan Wolk
                            c/o URT Industries, Inc.
                        1180 East Hallandale Beach Blvd.
                            Hallandale, Florida 33009

                                                        August 28, 2000

URT Industries, Inc.
1180 East Hallandale Beach Blvd.
Hallandale, FL  33009

Gentlemen:

     It is the purpose of this letter to confirm our understanding  with respect
to the Amended and Restated Employment  Agreement,  dated as of October 1, 1994,
between URT  Industries,  Inc. and myself,  as amended to date (the  "Employment
Agreement").  Pursuant to paragraph 9(a) of the Employment Agreement,  URT would
be required to make certain payments to me under certain circumstances described
therein,  including,  without  limitation,  the  expiration  of  the  Employment
Agreement  in  accordance  with its terms and the  refusal of URT to continue my
employment  upon terms and conditions no less favorable than those  contained in
the Employment Agreement. This letter confirms as follows:

     1.  URT and I are  currently  in  negotiations  concerning  the  terms  and
conditions  of  the  proposed   continuation  of  my  employment  with  URT.  In
recognition  of  such  negotiations,  I have  agreed  that  provided  that  such
negotiations are still ongoing, I will not assert my rights under paragraph 9(a)
of the Employment Agreement before October 30, 2000.

     2. You  agree  that  all of my  rights  under  such  paragraph  9(a) of the
Employment Agreement are preserved,  and shall not be deemed to have been waived
or abrogated in any manner as a result of my agreement to the foregoing,  or any
alleged delay in the assertion of my rights under such paragraph 9(a).

     3.  Nothing  contained in this  Agreement  shall  obligate  either party to
continue  negotiations  for any  period  of time,  or to agree to any  continued
employment on my part.

     Please sign below to evidence our agreement.

                                          Sincerely yours,


                                          /s/ Allan Wolk
                                          -------------------------------
                                          Allan Wolk

Agreed:

URT Industries, Inc.

By: /s/ Brian Wolk
    -----------------------------
      Executive Vice-President
EXHIBIT 10.18


Setting Annual Bonuses
----------------------


     On March 10, 2005 , the Board of  Directors  of North Bay Bancorp  paid the
2004 bonuses to its executive  officers.  The following chart shows bonuses paid
in 2005 based on 2004 performance for each executive officer of North Bay:

<TABLE>
<CAPTION>
                                                                                     Proposed
Employee                     Corp Title                                                2004
--------                     ----------                                                ----
<S>                          <C>                                                     <C>
Terry L. Robinson            President & CEO North Bay Bancorp; CEO The
                             Vintage Bank                                            $100,000
Glen C. Terry                President, The Vintage Bank                              $65,000
John A. Nerland              President, Solano Bank, a division of The Vintage
                             Bank                                                     $63,000
Kathi Metro-Chinberg         Executive Vice President and Credit Administrator        $48,000
Lee Ann Cimino               Senior Vice President and Chief Financial Officer        $32,000
Susan C. Fonseca             Senior Vice President, Human Resources                   $32,000


</TABLE>
## IN THE

TENTH COURT OF APPEALS

No. 10

- 14

- 00398

- CR

IN RE LARRY HALEY

Original Proceeding

MEMORANDUM OPINION

The application for writ of mandamus is denied. 1



### REX D. DAVIS
Justice

Before Chief Justice Gray, Justice Davis, and
Justice Scoggins

Petition denied Opi nion delivered and filed January 8, 2015

1 The application (petition) has numerous procedural deficiencies

. It does not include the certification required by Rule of Appellate Procedure 52.3(j). See T EX

. R. A PP

. P. 52.3(j). The appendix is not sworn,

and there is no record. See id. 52.3(k), 52.7

. It lacks proof of service on the Brazos County District

Attorn ey, a Real

- Party

- in

- Interest

. See id. 9.5, 52.2. A copy of all documents presented to the Court must

be served on all parties to the proceeding and must contain proof of service. Id. 9.5. Because of our disposition and to expedite it, we will implement Rule 2 and suspend these rules. Id. 2.In re Haley Page 2



### Do not publish [OT06 ]