alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### INTERNATIONAL BANK OF COMMERCE—BROWNSVILLE, Relator, v. The Honorable Benjamin EURESTI, Jr., Respondent.

No. D-3398.

Supreme Court of Texas.

March 24, 1993.

Rene O. Oliveira, Brownsville, Andy A. Tschoepe, John P. Guillory, San Antonio, for relator.

Robert W. Johnson, Jr., William F. Cock-rell, Jr., Corpus Christi, J.A. Magallanes, *691Benjamin Euresti, Brownsville, for respondent.

PER CURIAM.

The relator in this original mandamus proceeding seeks review of an order rescinding a previous order compelling arbitration under the Federal Arbitration Act, 9 U.S.C. §§ 1-16. We believe the trial court should have the opportunity to reconsider the ruling of which relator complains in this proceeding in light of *Jack B. Anglin Co. v. Tipps,*842 S.W.2d 266, 269 (Tex.1992). Accordingly, we overrule this motion for leave to file petition for writ of mandamus, without addressing the merits of the petition and without prejudice to relator again requesting relief from the court of appeals and this Court after the trial court has had the opportunity to reconsider its ruling.
DISTRICT JUDGE'S CIVIL MINUTES

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA – PHOENIX

U.S. District Judge: David G. Campbell

Case Number: CV-17-04540-PHX-DGC

Date: November 4, 2020 

Merritt v. Arizona, State of et al

APPEARANCES: Plaintiff(s) Counsel Defendant(s) Counsel

David J. Don

Jason D. Lamm

Edward F. Novak

Jonathan Brinson

Melissa Ho

Andrew Fox

JURY TRIAL-DAY 6

8:31 a.m. Court reconvenes. Jury is not present. Preliminary matters are discussed. 8:59 a.m. Jury 

enters the courtroom. Defendant’s case continues: Vincent Figarelli is sworn and examined and appears 

by videoconference. Exhibit 120 is admitted. 9:28 a.m. Cross-examination. 9:32 a.m. No redirect. 

Witness is excused. Direct examination of Christopher Kalkowski continues. Exhibit 220d is marked 

and played to the jury for demonstrative purposes only. 10:28 a.m. Court is in recess.

10:46 a.m. Court reconvenes. Jury is present. Direct examination of Christopher Kalkowki continues. 

Exhibit 216 is admitted. 11:14 a.m. Cross-examination. 11:30 a.m. Redirect. 11:34 a.m. Witness is 

excused. John Maciulla is sworn and examined. 11:49 a.m. Cross-examination. 11:55 a.m. Redirect. 

Exhibit 230 is marked for identification. 12:02 p.m. Jury exits the courtroom. 12:04 p.m. Court is in 

recess. 

1:04 p.m. Court reconvenes. Jury is present. Cade Shaw is sworn and examined and appears by 

videoconference. 1:16 p.m. Cross-examination. 1:21 p.m. Redirect. 1:22 p.m. Witness is excused. 

Jennifer Pinnow is sworn and examined. 2:10 p.m. Cross-examination. Exhibit 29 is admitted. 2:26 

p.m. Jury exits the courtroom. Discussion is held. 2:33 p.m. Court is in recess.

2:45 p.m. Court reconvenes. Jury is present. Cross-examination of Jennifer Pinnow. Exhibit 8 is 

admitted. 2:48 p.m. Redirect. 2:54 p.m. Ken Hunter is sworn and examined. 3:15 p.m. Crossexamination. 3:31 p.m. Witness is excused. Chief Bennie Click is sworn and examined. 4:24 p.m. Jury

is excused for the day. Further discussion is held regarding jury instructions and the verdict form. 5:20 

p.m. Court is in recess and will reconvene on November 5, 2020 at 8:30 a.m.

Deputy Clerk: Christine Boucher

Court Reporter: Patricia Lyons (am)/Linda Schroeder (pm) Start: 8:31 a.m.

Stop: 5:20 p.m. 

 Total: 7 hrs. 19 min.

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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





In connection with the Annual Report of Asia Cork Inc. on Form 10-K for the period ending December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof, I, Yi Tong, Principal Accounting Officer of the Company,  certify, pursuant to 18 U.S.C.  ss. 1350, as adopted pursuant to ss. 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.



April 12, 2009



|    |                                               | 
|--- | --------------------------------------------- | 
|By: | /s/ YI TONG                                   | 
|    | Yi Tong, CFO and Principal Accounting Officer
H. Res. 583 

In the House of Representatives, U. S., 

January 26, 2010. 

Whereas Lester Flatt was born on June 19, 1914, and was 

raised in the region of Sparta, Tennessee; 

Whereas Lester Flatt began playing guitar and singing in 

local churches at a young age; 

Whereas Lester Flatt began his career with Charlie Monroe 

and the Kentucky Pardners in North Carolina in the 

early 1940s; 

Whereas in 1945, Lester Flatt was invited by Bill Monroe to 

play rhythm guitar and sing with Monroe’s band on the 

Grand Ole Opry; 

Whereas Lester Flatt, Earl Scruggs, Chubby Wise, Howard 

Watts, and Bill Monroe are widely credited with the creation of bluegrass music through their band, Bill Monroe 

and the Bluegrass Boys; 

Whereas Lester Flatt later joined with Earl Scruggs to create 

the band Flatt and Scruggs and the Foggy Mountain 

Boys, which remains one of the most influential bands in 

bluegrass music; 

Whereas in 1969, Lester Flatt parted with Scruggs to form 

the band Nashville Grass, with whom he performed until 

shortly before his death on May 11, 1979; 
2 

•HRES 583 EH 

Whereas in 1991, Lester Flatt, along with Bill Monroe and 

Earl Scruggs, became an inaugural member of the International Bluegrass Music Hall of Fame; and 

Whereas Lester Flatt is widely regarded as one of the greatest bluegrass musicians and singers of all time, writing 

dozens of songs that are considered bluegrass classics: 

Now, therefore, be it 

Resolved, That it is the sense of the House of Representatives that Lester Flatt has made an invaluable contribution 

to American art as both a songwriter and a performer, leaving an indelible legacy in bluegrass music. 

Attest: 

Clerk.
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Case 2:17-mj-00581-MHB Document 1 Filed 11/17/17 Page 6 of 6
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 620 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. RES. 620

 Condemning the violence in Honduras and calling for the return of the 
                        duly elected President.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 8, 2009

 Mr. Serrano submitted the following resolution; which was referred to 
                    the Committee on Foreign Affairs

_______________________________________________________________________

                               RESOLUTION

 
 Condemning the violence in Honduras and calling for the return of the 
                        duly elected President.

Whereas, on November 27, 2005, Manuel Zelaya was elected President of Honduras;
Whereas, on June 28, 2009, President Manuel Zelaya was removed from office with 
        18 months left in his term and was subsequently expelled from the 
        country by the Honduran military;
Whereas the current leadership in Honduras refuses to allow President Zelaya to 
        return to the country;
Whereas the Organization of American States, the United Nations Secretary-
        General Ban Ki Moon, and the United Nations General Assembly have all 
        condemned the coup; and
Whereas since the overthrow of the president, the coup government has violently 
        suppressed peaceful demonstrations: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) calls upon the leaders of the coup in Honduras to end 
        their illegal seizure of power, to allow the president to 
        return to his duly elected post, and to work within the rule of 
        law to resolve current and future differences with the elected 
        government; and
            (2) condemns the ongoing violence against peaceful 
        demonstrators in Honduras.
                                 <all>
```
See T EX . R. A PP . P

. 52

. 8( d) ( “ W hen deny i ng r el i ef , t he c our t m ay han d do w n an opi ni on b ut 1 i s n o t r e q u i re d to d o s o .”) ; T EX . R. A PP . P . 4 7 .4 (d i s ti n g u i s h i n g o p i n i o n s a n d m e m o ra n d u m o p i n i o n s ).

T hi s C our thas pr ev i ousl yconsi de red a nd d en i ed a si m i l arpet i t i on forwr i tof m andam us f i l ed b y 2 r el at ort hr ough whi ch he ar gued t hatt he t r i al cour tl acked j ur i sdi ct i on, and accor di ngl y , abu sed i t s di scr et i on i n d e n y i n g re l a to r's s p e c i a l a p p e a ra n c e a n d p l e a i n a b a te m e n t. See i n r e Canales , N o. 13- 08- 00384 - C V, 200 8 T ex. App. LEX I S 6360, at * 1 ( T ex. App. –C or pus C hr i st i Aug. 15, 2008, or i g. pr oceedi ng) ( percur i am ) ( m em . o p .). 

# NU MBE R 13- 08- 0060 5-C V



# CO UR T O F APP EAL S THI RTEENT H DI ST RI CT OF TE XAS CORPUS CHRI ST I - E DI NBURG IN RE MAR IO GILB ERT O CANA LES On E mergency

M otion to Stay

N ovemb er 3, 20 08 Tr ial an d Pe ti ti on fo r W ri t o f M an da m us . MEM ORA ND UM OPIN ION Be fo reC hi ef

Ju sti ce V al de z a nd Ju sti ce s R od ri gu eza nd B en av i de s Mem ora ndum Opi nio n P er Cu ria m 1 

## Rel ator , Ma ri o Gi lbe rto Can ale s, filed an emerg ency moti on tostay

and a pet it ion for w rit of

man dam us in the abo v e cau se on Octob er 27, 2 008 , arguing tha t the trial court lac kssu bje ct matter

j ur is dicti on i n thi s d ivorce and c hil d c ustody ca se. The C our

t, hav ing 2 

## exa m ine d and fully

co nsi dered th e pet it ion for w ri t of mandamus , i s o f the opi nio n tha t

## relato r has notshown himself entitle d t o the relief

sought. Accord ingly , the eme rg ency moti on tostay

and the p eti ti on for w ri t of mandamus are D EN IED

. See T EX 

## . R. A PP 

## . P. 52.8( a)

. PERC UR IAM

Me moran dum Opi nio n del ivered and filed thi s 2 7 day

of October , 200 8. th
[Federal Register Volume 61, Number 101 (Thursday, May 23, 1996)]
[Notices]
[Pages 25855-25856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12904]



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

DEPARTMENT OF ENERGY
[Docket No. RP96-237-000]


Northern Border Pipeline Company; Notice of Proposed Changes in 
FERC Gas Tariff

May 17, 1996.
    Take notice that on May 15, 1996, Northern Border Pipeline Company 
(Northern Border) tendered for filing to become part of Northern Border 
Pipeline Company's FERC Gas Tariff, First Revised Volume No. 1, the 
following tariff sheets to become effective July 1, 1996:

Seventh Revised Sheet Number 156
Eighth Revised Sheet Number 157

    Northern Border states that it proposes to increase the Maximum 
Rate from 4.203 cents per 100 Dekatherm-Miles to 4.224 cents per 100 
Dekatherm-Miles and to increase the Minimum Revenue Credit from 2.088 
cents per 100 Dekatherm-Miles to 2.198 cents per 100 Dekatherm-Miles. 
The revised Maximum Rate and Minimum Revenue Credit are being filed in 
accordance with Northern Border's Tariff provisions under Rate Schedule 
IT-1.
    Northern Border asserts that the herein proposed changes do not 
result in a change in Northern Border's total revenue requirement.
    Northern Border states that copies of this filing have been sent to 
all of Northern Border's contracted shippers.
    Any person desiring to be heard or to protest this filing should 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888

[[Page 25856]]

First Street, N.E., Washington, DC 20426, in accordance with Section 
385.214 and Section 385.211 of the Commission's Rules and Regulations. 
All such motions or protests must be filed as provided in Section 
154.210 of the Commission's Regulations. Protests will be considered by 
the Commission in determining the appropriate action to be taken, but 
will not serve to make protestants parties to the proceeding. Any 
person wishing to become a party must file a motion to intervene. 
Copies of this filing are on file with the Commission and are available 
for public inspection in the Public Reference Room.
Lois D. Cashell,
Secretary.
[FR Doc. 96-12904 Filed 5-22-96; 8:45 am]
BILLING CODE 6717-01-M
ARMED SERVICES BOARD OF CONTRACT APPEALS 

Appeal of -- ) 

) 

Laser Operations LLC ) 

) 

Under Contract No. W911QX-06-C-0044 et al. ) 

APPEARANCES FOR THE APPELLANT: 

APPEARANCES FOR THE GOVERNMENT: 

ASBCA No. 59528 

Andrew Mohr, Esq. 

Gabriel Kennon, Esq. 

Cohen Mohr LLP 

Washington, DC 

E. Michael Chiaparas, Esq. 

DCMA Chief Trial Attorney 

Srikanti Schaffner, Esq. 

Defense Contract Management Agency 

Carson, CA 

ORDER OF DISMISSAL 

The dispute has been settled. The appeal is dismissed with prejudice. 

Dated: 18 November 2015 

/~4:_(efd-- MARK N. STEMPLER 

Administrative Judge 

Acting Chairman 

Armed Services Board 

of Contract Appeals 

I certify that the foregoing is a true copy of the Order of Dismissal of the Armed 

Services Board of Contract Appeals in ASBCA No. 59528, Appeal of Laser Operations 

LLC, rendered in conformance with the Board's Charter. 

Dated: 

JEFFREY D. GARDIN 

Recorder, Armed Services 

Board of Contract Appeals
EXHIBIT 32.8

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER OF

UCFH II FINANCE, INC.

PURSUANT TO 18 U.S.C. SECTION 1350

In
connection with the quarterly report of UCFH II Finance, Inc. (the Company) on Form 10-Q for the period ending October 1, 2006 filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael
J. Short, certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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; 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: November 14, 2006



By:

/S/ MICHAEL J. SHORTMichael J. ShortTreasurer (Principal Financial Officer)
**EXHIBIT 31.1****CERTIFICATIONS**  I, Oliver T. Carr, III, certify that: 1) I have reviewed this quarterly report on Form 10-Q for the quarter ended March 31, 2006 ofColumbia Equity Trust, 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 controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which this report isbeing prepared;  b) [Omitted in reliance on SEC Release No. 33-8238; 34-47986, Section III.E.];  c) Evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and  d) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover 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 equivalentfunctions): a) All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize and reportfinancial information; and  b) Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal control overfinancial reporting.Date: May 15, 2006         /s/  Oliver T. Carr, III     Oliver T. Carr, III     President and Chief Executive Officer
FILED

United States Court of Appeals

Tenth Circuit

March 25, 2016

Elisabeth A. Shumaker

Clerk of Court

UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

_________________________________

ERIK PADILLA,

 Plaintiff - Appellant,

v.

SHEI CLERK; STEPHANIE CLERK;

KATHIEA CLERK; SHERI H. WHITE,

Two; DONNA CLERK; BRANDON

WATTS; DEC NAZI; NAZI POPE,

One; NAZI POPE, Two; OSIRIUS

MAYOR, One; ISIS MAYOR, One;

AMEN SIM POLICE NAZI, Five;

JEREMIAH COMACHOS, Real Da

also known as Delilch Padilla also

known as Robert Flores also known as

Ru Ray also known as Marty Padilla;

MARTY PADILLA; RAMSES FNU,

Mark Padilla’s Wife; GREEK FNU,

Marty Padilla’s step son; ROBERT

CHUNG, Police; CAROL WALTERS,

New Police Officer Maintenance;

EVELYN WALKER, New Police

Officer Maintenance,

 Defendants-Appellees.

No. 15-2191

D.C. No. 1:15-CV-00746-JB-KK

(D. N.M.)

_________________________________

ORDER AND JUDGMENT*

* The Court concludes that oral argument would not materially aid our

consideration of the appeal. See Fed. R. App. P. 34(a)(2)(C); 10th Cir. R. 34.1(G).

Thus, we have decided the appeal based on the briefs.

Our order and judgment does not constitute binding precedent except under

the doctrines of law of the case, res judicata, and collateral estoppel. Fed. R. App.

P. 32.1(a); 10th Cir. R. 32.1(A).
_________________________________

Before LUCERO, MATHESON, and BACHARACH, Circuit Judges.

_________________________________

Mr. Erik Padilla sued in federal district court, but did not pay the filing fee

or file an application for leave to proceed in forma pauperis. The district court

gave Mr. Padilla time to make the payment or file an application for pauper

status. But Mr. Padilla did not take either step. As a result, the district court

dismissed the action without prejudice. Mr. Padilla appeals and seeks leave to

appeal in forma pauperis. We affirm and deny leave to proceed in forma pauperis.

On appeal, Mr. Padilla argues only that he could not afford the filing fee.

But under federal law, the filing fee was mandatory. See Brown v. Eppler, 725

F.3d 1221, 1231 (10th Cir. 2013) (“all § 1915(a) does for any litigant is excuse

the pre-payment of fees”). If Mr. Padilla could not prepay the filing fee, he could

have applied for leave to proceed in forma pauperis. 28 U.S.C. § 1915(a). But he

did not apply for pauper status even after being given extra time for this purpose.

As a result, the district court did not err in dismissing the action.

In connection with the appeal, Mr. Padilla has requested leave to proceed in

forma pauperis. We deny this request because the appeal lacks any reasonable

basis under federal law. See Rolland v. Primesource Staffing, L.L.C., 497 F.3d

1077, 1079 (10th Cir. 2007) (denying a motion to proceed in forma pauperis

because the movant failed to show “a reasoned, nonfrivolous argument on the law

2
and facts in support of the issues raised on appeal”). As a result, Mr. Padilla must

pay the filing fee within 21 days. 

Entered for the Court

Robert E. Bacharach

Circuit Judge

3
EXHIBIT 32.4



CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER OF

UCFH I FINANCE, INC.

PURSUANT TO 18 U.S.C. SECTION 1350



In connection with the quarterly report of UCFH I Finance, Inc. (the
Company) on Form 10-Q for the period ending October 2, 2005 filed with the Securities and Exchange Commission on the date hereof (the Report), I, Michael J. Short, certify pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 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; 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: November 15, 2005



By:

/s/ MICHAEL J. SHORTMichael J. ShortTreasurer (Principal Financial Officer)
Exhibit 32.2
  CERTIFICATIONS
    PURSUANT TO
    18 U.S.C. SECTION 1350,
    AS ADOPTED PURSUANT TO
    SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  Corey Rinker
  
    the
    Form 10-K
    of the Company for the year ended December 31, 2008, as
    filed with the Securities and Exchange Commission on the date
    hereof (the
    Form 10-K),
    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
    the information contained in the
    Form 10-K
    fairly presents, in all material respects, the financial
    condition and results of operations of the Company.   Corey
    Rinker
*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

Fifth Circuit

FILED

January 17, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_____________________

No. 06-40650

_____________________

UNITED STATES OF AMERICA

Plaintiff - Appellee

v.

ENRIQUE GUZMAN

Defendant - Appellant

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

Appeal from the United States District Court for the

Southern District of Texas, Victoria

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

Before JOLLY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that appellant’s unopposed motion to summarily

affirm the judgment in part is GRANTED.

IT IS FURTHER ORDERED that appellant’s unopposed motion to

vacate the judgment in part is GRANTED.

IT IS FURTHER ORDERED that appellant’s unopposed motion to

remand case for resentencing in light of Lopez v. Gonzales is
GRANTED.