alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Albert WALKER, Plaintiff, v. The CITY OF CHARLESTON, West Virginia, a political sub-division of the State of West Virginia, Defendant.

No. CIV.A.2:05-CV-00658.

United States District Court, S.D. West Virginia, Charleston Division.

Feb. 2, 2006.

Henry Wood, III, Charleston, WV, for Albert Walker.

Michael D. Mullins, Charleston, WV, for The City of Charleston, West Virginia.

MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

Pending before the court is the plaintiffs motion to file an amended complaint [Docket 21]. I GRANT the plaintiffs motion.

The remaining question before me is whether to allow the plaintiff to incorporate his original complaint into the amended complaint by reference rather than by repleading. For the following reasons, I find that he may not and order him to file an integrated complaint within 10 days.

The majority of courts that have addressed the issue allow a plaintiff to incorporate an original complaint into an amended complaint.1 A minority of courts *601have not.2 The Fourth Circuit Court of Appeals has not addressed the issue in this context.3

The courts that allow plaintiffs to incorporate an original complaint into an amended complaint by reference give no explanation for their decisions. Conversely, the courts that refuse to permit incorporation by reference reason that to do so allows confusing piecemeal pleadings. I agree with the minority view. Switching back and forth between the original complaint and the amended complaint to examine a plaintiffs claims should not be necessary. Moreover, the requirement to replead causes virtually no inconvenience. Counsel merely copies and pastes the original complaint into the amended complaint and then files it and serves it electronically. I FIND that when a plaintiff files an amended complaint, the amended complaint cannot incorporate the original complaint by reference.

The plaintiff is ORDERED to file an integrated amended complaint with the court within 10 days.

The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party, and DIRECTS the Clerk to post this published opinion at *http://www.vrusd.us courts.gov.*

1

. *E.g., Cincinnati Ins. Co. v. Centech Bldg. Corp.,*286 F.Supp.2d 669 (M.D.N.C.2003); *Pou v. United States,*923 F.Supp. 573 (S.D.N.Y.1996); *St. Joseph’s Hosp. v. Hosp. Auth. of Am.,*620 F.Supp. 814 (S.D.Ga.1985); *Cohen v. Super. Ct. of San Francisco,*244 Cal.App.2d 650, 53 Cal.Rptr. 378 (1966).

2

*. E.g., Advocatess Mariette Do-Nguyen v. Clinton,*100 F.Supp.2d 1241 (S.D.Cal.2000).

3

. In *Young,*the Fourth Circuit held that "it is needlessly formalistic to require a plaintiff to replead claims that are already dismissed without leave to amend in order to preserve the right to appeal the dismissal.” *Young v. City of Mount Ranier,*238 F.3d 567, 572 (4th Cir.2001) (quoting *Crysen/Monenay Energy Co. v. Shell Oil Co. (In re Crysen/Montenay Energy Co.),*226 F.3d 160, 162 (2d Cir.2000)).
<PAGE>


EXHIBIT 32.1 AND 32.2


                CERTIFICATION PURSUANT TO RULE 13a-14(b) OF THE
           SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, AND 18 U.S.C.
                SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906
                       OF THE SARBANES-OXLEY ACT OF 2002

The undersigned officer of Consorteum Holdings, Inc. (f/k/a/ Implex Corporation
and hereinafter the "Company") hereby certifies to such officer's knowledge that
the Company's Quarterly Report on Form 10-Q for the three months ended March 31,
2009 (the "Report"), as filed with the Securities and Exchange Commission on the
date hereof, fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended, and the information contained
in the Quarterly Report fairly presents, in all material respects, the financial
condition and results of operations of the Company. This certification is
provided solely pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, and shall not be deemed to be
part of the Report or "filed" for any purpose whatsoever.


Date: May 20, 2009                      Name:  /s/ Richard C. Fox
                                               -----------------------
                                               Richard C. Fox
                                        Title: Chief Executive Officer and
                                               Chief Financial Officer
[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Notices]
[Page 31558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15781]



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


NATIONAL SCIENCE FOUNDATION

Advisory Committee for Social, Behavioral & Economic Sciences; 
Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation announces the 
following meeting.

    Name and Committee Code: Advisory Committee for Social, 
Behavioral & Economic Sciences (#1171).
    Date and Time: July 10-11, 1996, 9:00 a.m. to 5:00 p.m.
    Place: Room 970, National Science Foundation, 4201 Wilson 
Boulevard, Arlington, VA 22230.
    Type of Meeting: Closed.
    Contact Person: Dr. Paul G. Chapin, National Science Foundation, 
4201 Wilson Boulevard, Arlington, VA 22230. Telephone: (703) 305-
1731.
    Purpose of Meeting: To carry out Committee of Visitors (COV) 
review, including examination of decisions on proposals, reviewer 
comments, and other privileged materials.
    Agenda: To provide oversight review of the Linguistic Program.
    Reason for Closing: The meeting is closed to the public because 
the Committee is reviewing proposal actions that will include 
privileged intellectual property and personal information that could 
harm individuals if they are disclosed. If discussions were open to 
the public, these matters that are exempt under 5 U.S.C. 552b(c) (4) 
and (6) of the Government in the Sunshine Act would be improperly 
disclosed.

    Dated: June 17, 1996.
M. Rebecca Winkler,
Committee Management Officer.
[FR Doc. 96-15781 Filed 6-19-96; 8:45 am]
BILLING CODE 7555-01-M
Exhibit
      32





CERTIFICATION
      OF PERIODIC REPORT


PURSUANT
      TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





I,
      Diane
      S. Button, President, Treasurer, Chief Executive Officer and Chief Financial
      Officers of Cactus Ventures, Inc., (the “Company”), certify, pursuant to Section
      906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to the
      best
      of my knowledge:





(1)
            the
                Quarterly Report on Form 10-Q, of the Company for the fiscal quarter
                ended
                September 30, 2008 (the “Report”) fully complies with the requirements of
                Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15
                U.S.C.
                78m or 78 o(d)); and





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









Date:
      November 10, 2008





/s/
      Diane S.
      Button


Diane
      S.
      Button


President
      and Chief Executive Officer


Treasurer
      and Chief Financial Officer








A
      signed
      original of this written statement required by Section 906 of the Sarbanes-Oxley
      Act has been furnished to Cactus Ventures, Inc. and will be retained by Cactus
      Ventures, Inc. and furnished to the Securities and Exchange Commission or its
      staff upon request.
# Fourth Court of Appeals

San Antonio, Texas

March 4, 2014

N o. 04

- 13

- 00612

- CV

Sag e M. BARRERA and Jenesey Barrera,

Appellant s

v.

Dean T. CHERER,

Appellee

From the County Court, Guadalupe County, Texas

Trial Court No. 2013

- CV

- 0077

Charles Ramsay, Judge Presiding



### O R D E R

Appellant s ’ second motion to amend brief is hereby GRANTED.

It is so ORDERED on March 4, 2014.

PER CURIAM

ATTESTED TO:

_________________ ________________

Keith E. Hottle

Clerk of Court
Exhibit 32.1

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

In connection with the Quarterly Report of Casey Container Corp. (the "Company")
on Form 10-Q for the quarter ending September 30, 2013 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Martin
R Nason, Chief Executive 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 results of operations
          of the Company.


                                       /s/ Martin R Nason
                                       ------------------------------------
                                       Martin R Nason
                                       Chief Executive Officer
                                       November 13, 2013

This certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed to be incorporated by
reference into any filing under the Securities Act of 1933, as amended, or the
Exchange Act, except to the extent that the Company specifically incorporates it
by reference.

A signed original 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.
1 The failure to object to the magistrate judge's report releases the court from its duty to independently

review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985). Any objection was due with the ten days of

service, which occurred not later than April 30, 2004, Fed.R.Civ.P.6(e). No objection has been filed as of the

date of this order.

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

 

NIKO SIMMONS

Plaintiff,

v. CASE NO: 08-CV-14546-DT

AUGUSTINE, Sergeant, et al.,

Defendants

 /

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

 This matter was referred to United States Magistrate Judge Charles E. Binder

pursuant to 28 U.S.C. §636(b)(1)(B) and Local Rule 72.1. In his June 17, 2009 report,

the magistrate judge recommends that this court grant Defendants’ Motion to Dismiss

for Failure to Exhaust Administrative Remedies, (Doc #20), Defendants’ Motion for

Summary Judgment (Doc #22), that the John Doe defendants be dismissed and that the

case be dismissed in its entirety with prejudice. It was further recommended that

Plaintiff’s various motions be denied as moot. (Docs# 26, 27, 28, 29, 35, 36, and 38.)

 No objections have been filed pursuant to 28 U.S.C. § 636(b)(1)(C), thus further

appeal rights are waived.1

 Having reviewed the file and the Report, the court concludes

2:08-cv-14546-RHC-CEB Doc # 45 Filed 07/22/09 Pg 1 of 2 Pg ID 289
that the findings and conclusions of the Magistrate Judge are correct and ADOPTS the

same for purposes of this Order.

ORDER

IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report

and Recommendation, the Plaintiff’s various motions are DENIED AS MOOT, (Docs #

26, 27, 28, 29, 35, 36 and 38.) Defendants’ Motion to Dismiss (Doc #20) and

Defendants’ Motion for Summary Judgement (Doc #22) are GRANTED.

IT IS FURTHER ORDERED that the John Doe defendants are DISMISSED.

 S/Robert H. Cleland 

ROBERT H. CLELAND

UNITED STATES DISTRICT JUDGE

Dated: July 22, 2009

I hereby certify that a copy of the foregoing document was mailed to counsel of record

on this date, July 22, 2009, by electronic and/or ordinary mail.

 S/Lisa Wagner 

Case Manager and Deputy Clerk

(313) 234-5522

S:\Cleland\JUDGE'S DESK\Lisa's Folder\08-14546 SIMMONS order adopt rr.wpd

2:08-cv-14546-RHC-CEB Doc # 45 Filed 07/22/09 Pg 2 of 2 Pg ID 290
**EXHIBIT 99.1**

 

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 Mirenco, Inc. (the“Company”) on Form 10-KSB for the period ending December 31, 2002 as filed with the Securities and Exchange Commission on April     , 2003 (the “Report”), I, Dwayne Fosseen, Chief Executive Officer of theCompany, 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 materialrespects, the financial condition and results of operations of the Company. 

 

 

/s/ Dwayne Fosseen 

----
[Federal Register Volume 61, Number 125 (Thursday, June 27, 1996)]
[Notices]
[Page 33570]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16426]


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


SMALL BUSINESS ADMINISTRATION

Revocation of License; Small Business Investment Company

    Pursuant to the authority granted to the United States Small 
Business Administration by the Order of the United States District 
Court for the Northern District of Oklahoma, dated June 12, 1986, the 
United States Small Business Administration hereby revokes the license 
of Bartlesville Investment Corporation, a Oklahoma Corporation, to 
function as a small business investment company under the Small 
Business Investment Company License No. 06/10-0139 issued to 
Bartlesville Investment Corporation on February 28, 1964 and said 
license is hereby declared null and void as of February 26,1996.

United States Small Business Administration.

    Dated: June 20, 1996.
Don A. Christensen,
Associate Administrator for Investment.
[FR Doc. 96-16426 Filed 6-26-96; 8:45 am]
BILLING CODE 8025-01-P
Exhibit 32.1




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





In connection with the accompanying Quarterly Report on Form 10-Q of Ecoland International, Inc. for the fiscal quarter ending August 31, 2011, I, David Wallace, Chief Executive Officer of Ecoland International, Inc., hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:





1.          Such Quarterly Report on Form 10-Q for the fiscal quarter ending August 31, 2011, 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 such Quarterly Report on Form 10-Q for the fiscal quarter ending August 31, 2011, fairly presents, in all material respects, the financial condition and results of operations of Ecoland International, Inc.





Date:  October 12, 2011





/s/ David WallaceDavid Wallace, Chief Executive Officer of Ecoland

International, Inc.
| (1)   | the                quarterly Report on Form 10-QSB of The Babydot Company for the quarter                ended July 31, 2007 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 quarterly Report on Form 10-QSB for                the                quarter ended July 31, 2007, fairly presents in all material respects,                the                financial condition and results of operations of The Babydot                Company. |
|-----------------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   By: |   /s/                Jennie Slade                                                              |
|-----------------|----------------------------------------------------------------------------------------------------------|
|  Name:     |  Jennie                Slade                                                                        |
|  Title:    |  Principal                Executive Officer,Principal                Financial Officer and Director |
|  Date:     |  September                17, 2007                                                                  |
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Notices]
[Page 34925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16936]


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

DEPARTMENT OF TRANSPORTATION
Maritime Administration


Approval of Request for Removal Without Disapproval From the 
Roster of Approved Trustees

    Notice is hereby given, pursuant to Public Law 100-710 and 46 CFR 
Part 221, that Fifth Third Bank, with offices at Fifth Third Center, 
Cincinnati, Ohio 45263, has requested removal, without disapproval, 
from the Roster of Approved Trustees. In its request for removal, Fifth 
Third Bank, stated it is no longer necessary for the Bank to maintain 
its status as a Maritime Administration Trustee.
    Therefore, pursuant to Public Law 100-710 and 46 CFR Part 221, 
Fifth Third Bank, Cincinnati, Ohio, is removed from the Roster of 
Approved Trustees.
    This notice shall become effective on date of publication.

    Dated: June 27, 1996.

    By Order of the Maritime Administrator.
Joel C. Richard,
Secretary.
[FR Doc. 96-16936 Filed 7-2-96; 8:45 am]
BILLING CODE 4910-81-P
Amended Schedule to the Forms of Indemnification Agt



 Exhibit 10.20 
 Amended Schedule to the Forms of 
 Indemnification Agreement 
 Sunoco, Inc. has entered into Indemnification Agreements with the directors, executive officers, trustees, fiduciaries, employees or agents named below: 
  

					
	 Employee
	  	 Date of Agreement
	  	 
			
	 Michael J. Colavita
	  	September 2, 2004	  	
	 John F. Carroll
	  	March 4, 2004	  	
	 Terence P. Delaney
	  	March 4, 2004	  	
	 Lynn L. Elsenhans
	  	August 8, 2008	  	
	 Bruce G. Fischer
	  	March 4, 2004	  	
	 Michael J. Hennigan
	  	February 2, 2006	  	
	 Vincent J. Kelley
	  	February 2, 2006	  	
	 Joseph P. Krott
	  	March 4, 2004	  	
	 Michael S. Kuritzkes
	  	March 4, 2004	  	
	 Michael J. McGoldrick
	  	March 4, 2004	  	
	 Ann C. Mulé
	  	March 4, 2004	  	
	 Marie A. Natoli
	  	March 3, 2006	  	
	 Robert W. Owens
	  	March 4, 2004	  	
	 Alan J. Rothman
	  	March 4, 2004	  	
	 Bruce D. Rubin
	  	October 15, 2008	  	
	 Michael J. Thomson
	  	May 30, 2008	  	
	 Dennis Zeleny
	  	January 20, 2009	  	
			
	  
	  		  	
			
	 Robert M. Aiken, Jr.*
	  	February 1, 1996	  	
	 Robert H. Campbell*
	  	February 1, 1996	  	
	 Michael H. R. Dingus*
	  	March 4, 2004	  	
	 John G. Drosdick*
	  	March 4, 2004	  	
	 Jack L. Foltz*
	  	February 1, 1996	  	
	 David E. Knoll*
	  	February 1, 1996	  	
	 Deborah M. Fretz*
	  	September 6, 2001	  	
	 Thomas W. Hofmann*
	  	March 4, 2004	  	
	 Joel H. Maness*
	  	March 4, 2004	  	
	 Paul A. Mulholland*
	  	March 4, 2004	  	
	 Rolf D. Naku*
	  	March 4, 2004	  	
	 Malcolm I. Ruddock, Jr.*
	  	February 1, 1996	  	
	 David C. Shanks*
	  	February 17, 1997	  	
	 Sheldon L. Thompson*
	  	February 1, 1996	  	
	 Ross S. Tippin, Jr.*
	  	March 4, 2004	  	
	 Charles K. Valutas*
	  	March 4, 2004	  	

  

	*	In a different position or no longer with the Company. 









					
	 Director
	  	 Date of Agreement
	  	 
			
	 Robert J. Darnall
	  	March 4, 2004	  	
	 Gary W. Edwards
	  	May 1, 2008	  	
	 Ursula O. Fairbairn
	  	March 4, 2004	  	
	 Thomas P. Gerrity
	  	March 4, 2004	  	
	 Rosemarie B. Greco
	  	March 4, 2004	  	
	 John P. Jones, III
	  	September 8, 2006	  	
	 James G. Kaiser
	  	March 4, 2004	  	
	 R. Anderson Pew
	  	March 4, 2004	  	
	 G. Jackson Ratcliffe
	  	March 4, 2004	  	
	 John W. Rowe
	  	March 4, 2004	  	
	 John K. Wulff
	  	March 8, 2004	  	
			
	  
	  		  	
			
	 Raymond E. Cartledge**
	  	September 6, 2001	  	
	 Robert E. Cawthorn**
	  	February 1, 1996	  	
	 John G. Drosdick**
	  	March 4, 2004	  	
	 Mary J. Evans**
	  	September 6, 2001	  	
	 Robert D. Kennedy**
	  	September 6, 2001	  	
	 Richard H. Lenny**
	  	February 8, 2002	  	
	 Norman S. Matthews **
	  	September 6, 2001	  	
	 William B. Pounds**
	  	February 1, 1996	  	

  

	**	No longer serving on the Board. 

  

 2
[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Notices]
[Page 35266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17065]


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


DEPARTMENT OF JUSTICE

Manufacturer of Controlled Substances; Notice of Registration

    By Notice dated April 1, 1996, and published in the Federal 
Register on April 8, 1996, (61 FR 15523), Stepan Company, Natural 
Products Department, 100 W. Hunter Avenue, Maywood, New Jersey 07607, 
made application to the Drug Enforcement Administration (DEA) to be 
registered as a bulk manufacturer of the basic classes of controlled 
substances listed below:

------------------------------------------------------------------------
                             Drug                               Schedule
------------------------------------------------------------------------
Cocaine (9041)................................................        II
Benzoylecgonine (9180)........................................        II
------------------------------------------------------------------------

    No comments or objections have been received. DEA has considered 
the factors on Title 21, United States Code, Section 823(a) and 
determined that the registration of the Stepan Company to manufacture 
the listed controlled substances is consistent with the public interest 
at this time. Therefore, pursuant to 21 U.S.C. 823 and 28 C.F.R. 0.100 
and 0.104, the Deputy Assistant Administrator, Office of Diversion 
Control, hereby orders that the application submitted by the above firm 
for registration as a bulk manufacturer of the basic classes of 
controlled substances listed above is granted.

    Dated: June 27, 1996.
Gene R. Haislip,
Deputy Assistant Administrator, Office of Diversion Control, Drug 
Enforcement Administration.
[FR Doc. 96-17065 Filed 7-3-96; 8:45 am]
BILLING CODE 4410-09-M