alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ALLEN DAVID DANIEL,

Plaintiff, No. 08-CV- 14068-DT

vs. Hon. Gerald E. Rosen

CHERYL EDERTON, et al.,

Defendants.

_______________________________/

ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION

At a session of said Court, held in

the U.S. Courthouse, Detroit, Michigan

on January 30, 2009 

PRESENT: Honorable Gerald E. Rosen

 Chief Judge, United States District Court

This matter is presently before the Court on Plaintiff’s “Motion for Immediate

Consideration Relief to Alter, Amend or Void December 18, 2008 [Judgment],” which

the Court construes as a Motion Reconsideration of the December 18, 2008 Order and

Judgment dismissing his case due to his failure to pay the required filing fee as ordered to

do on November 11, 2008.

The requirements for the granting of motions for reconsideration are set forth in

Eastern District of Michigan Local Rule 7.1(g), which provides in relevant part:

Generally, and without restricting the court’s discretion, the court will not

grant motions for rehearing or reconsideration that merely present the same

issues ruled upon by the court, either expressly or by reasonable

implication. The movant must not only demonstrate a palpable defect by

2:08-cv-14068-GER-CEB Doc # 17 Filed 01/30/09 Pg 1 of 3 Pg ID 455
which the court and the parties have been misled but also show that

correcting the defect will result in a different disposition of the case.

L.R. 7.1(g)(3).

Therefore, in order to prevail on a motion for reconsideration, the movant must not

only demonstrate a palpable defect by which the Court has been misled, he must also

show that a different disposition of the case must result from a correction of that defect. 

A “palpable defect” is “a defect that is obvious, clear, unmistakable, manifest or plain.” 

United States v. Lockette, 328 F. Supp. 2d 682, 684 (E.D. Mich. 2004). Moreover, a

motion that merely presents the same issues already ruled upon by the Court -- either

expressly or by reasonable implication -- will not be granted. L.R. 7.1(g). Furthermore,

Plaintiff has not shown a “palpable defect” by which the Court has been misled.

Plaintiff Daniel has not shown that he has paid the $350 filing fee, nor has he

offered any justifiable excuse for failing to do so. Instead, he continues to argue the

merits of the numerous complaints he has filed in various courts during the course of his

incarceration.

 For these reasons,

IT IS HEREBY ORDERED that Plaintiff’s Motion for Reconsideration [Dkt. #

15] is DENIED.

s/Gerald E. Rosen 

Chief Judge, United States District Court

Dated: January 30, 2009

2:08-cv-14068-GER-CEB Doc # 17 Filed 01/30/09 Pg 2 of 3 Pg ID 456
I hereby certify that a copy of the foregoing document was served upon counsel of record

on January 30, 2009, by electronic and/or ordinary mail.

s/LaShawn R. Saulsberry 

Case Manager

2:08-cv-14068-GER-CEB Doc # 17 Filed 01/30/09 Pg 3 of 3 Pg ID 457
---

EXHIBIT 32.2

In connection with the accompanying Quarterly Report of
Opencell Biomed Inc. (the Company) on Form 10-QSB for the quarter ending
August 31, 2011 as filed with the Securities and Exchange Commission on the date
hereof (the Report), I, Mislav Pavelic, in my capacities set forth below of
the Company, 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.

|October 20, 2011 | /s/ Mislav
      Pavelic        
|---------------- | --------------------------------
|                 | Mislav Pavelic, President       
|                 | (as Principal Financial Officer)

---
11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

In re Ugochukwu Ada Odo

, * Original Mandamus Proceeding

No. 11

- 2 1

- 00 227

- C V * Octo ber 14 , 20 2 1

* Per Curiam Memorand um Opinion

(P anel consists of: Bailey , C.J.,

Trotter , J. , and Williams, J.

This court has inspected the record in this cause and concludes that Relator’s

petition for writ of mandamus should be d enied

. Th erefore, in accordance with

this court’s opinion, the petition for writ of mandamus is d enied

.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

KEVIN J. MURRAY

CIVIL NO. 08-15147

Plaintiff,

HON. LAWRENCE P. ZATKOFF

-vs- MAG. JUDGE MONA K. MAJZOUB

TIMOTHY F. GEITHNER, Secretary, U.S. 

Department of the Treasury, and BOARD OF

GOVERNORS OF THE FEDERAL

RESERVE SYSTEM,

Defendants.

 /

CERTIFICATE OF SERVICE

Pursuant to the Court’s August 5, 2009 Scheduling Order (Dckt. #19), Defendants

Timothy F. Geithner and the Board of Governors of the Federal Reserve System, by and

through their undersigned counsel, hereby certify that on May 3, 2010, a copy of Defendants’

Witness List was served by email, in accordance with prior stipulation of the parties, upon the

following: Robert J. Muise, David Yerushalmi.

s/ Julie Straus 

Julie Straus

Trial Attorney, U.S. Department of Justice

Civil Division, Federal Programs Branch

Case 2:08-cv-15147-LPZ-MKM Document 54 Filed 05/03/10 Page 1 of 1
Fialka-Feldman v. Oakland University Board of Trustees Doc. 43 Att. 6

Dockets.Justia.com
# Fourth Court of Appeals

San Antonio, Texas

April 14, 2016

No. 04

- 16

- 00034

- CV

Victoria Elizabeth FEIL

, Appellant

v.

Michael William FEIL

, Appellee

From the 81st Judicial District Court, Wilson County, Texas

Trial Court No. 10

- 11

- 0623

- CVW

H onorable Russell H. Wilson, Judge Presiding



### O R D E R

Sitting: Sandee Bryan Marion, Chief Justice

Luz Elena D. Chapa, Justice

Jason Pulliam, Justice

Appellant ’ s motion for extension of time to file motion to reconsider memorandum

opinion dismissing appeal for want of prosecution is hereby DENIED.

The panel has considered the appellant ’ s motion to reconsider memorandum opinion

dismissing appeal for want of prosecution, and the motion is DENIED.

It is so ORDERED on April 14, 2016.

PER CURIAM

ATTESTED TO:

___________________________________

Keith E. Hottle

Clerk of Court
##### 



Exhibit 10.1
 FIRST AMENDMENT TO
MANAGEMENT AND OPERATIONAL SERVICES AGREEMENT
  th
   Amendment.
 E.
    
    Product Sales, Payment.
 (i)
    
    Sales of Products will be made in REG, Inc.s name. REG, Inc.
shall take title to the Product when loaded for delivery FOB the Biodiesel
Facility, unless otherwise agreed. REG, Inc. will carry Property in Transit
insurance for all Product in shipment. If while Product is in transit a claim
were to occur the proceeds from settlement would be due the title holder at the
time of the loss event.(ii)
    
    REG, Inc. shall remit by electronic transfer to IRE by the
close of business each Wednesday funds in an amount equal to the following: (a)
the amount of Product sales made during Sunday through Saturday of the
preceding week, less (b) a discount fee that reflects REG, Inc.s cost of
capital incurred as a result of making payment for such Product sales before
collecting proceeds from ultimate customers, and less (c) any amounts then due
from IRE to REG pursuant to this Agreement which REG elects to deduct. The
amount of the discount fee under (b) above will be based on REG, Inc.s working
capital line of credit cost, or IRE s working capital line of credit cost
(whichever is higher at the time of payment), plus a an additional fee of 75
basis points (annualized rate), and
the expected average period of time elapsing between the time of payment by
REG, Inc. and its collection of proceeds from ultimate customers for the
respective preceding weeks sales.




---



##### 



2.
    
    Other Terms Unchanged.Except as expressly modified by this First Amendment,
all terms and provisions of the Agreement shall remain in full force and effect.
 3.
    
    Miscellaneous.Capitalized terms not defined in the text of this First
Amendment shall have the same meaning ascribed to them in the Agreement. This First Amendment
may be executed in counterparts, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument, and may be executed and delivered by
facsimile signature, which shall be considered an original.
  RENEWABLE ENERGY GROUP, INC.
    
    
    
    IOWA RENEWABLE ENERGY, LLCBy:
    
    /s/ Jeffrey Pattison
    
    
    
    By:
    
    /s/ Michael J. BohannanName:
    
    Jeffrey Pattison
    
    
    
    Name:
    
    Michael J. BohannanIts:
    
    CFO
    
    
    
    Its:
    
    President
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

_____________________________________________________________________

JENDRI MALDONADO-ZAPON,

Petitioner,

v. Case No. 09-CV-10224

 

RAYMOND BOOKER,

Respondent.

__________________________________/

ORDER DENYING PETITIONER’S MOTION TO HOLD HABEAS PETITION IN

ABEYANCE AND GRANTING HIS MOTION TO CONSIDER THE PETITION

This matter is pending before the court on Petitioner Jendri Maldonado-Zapon’s

habeas corpus petition, filed pursuant to 28 U.S.C. § 2254. Petitioner filed a motion to

hold his habeas petition in abeyance until the state supreme court could render a

decision in his case. By motion filed May 14, 2009, Petitioner informs the court that his

state court proceedings have concluded and asks the court to consider his petition for

habeas relief. Accordingly, 

IT IS ORDERED that Petitioner’s motion to hold his habeas petition in abeyance

[Dkt. #2] is DENIED and his “Motion to Consider Habeas Petition” [Dkt. # 5] is

GRANTED.

s/Robert H. Cleland 

ROBERT H. CLELAND

UNITED STATES DISTRICT JUDGE

Dated: May 26, 2009

2:09-cv-10224-RHC-VMM Doc # 6 Filed 05/26/09 Pg 1 of 2 Pg ID 40
S:\Cleland\JUDGE'S DESK\C1 ORDERS\09-10224.MALDONADO-ZAPON.Deny.Stay.Grant.Consider.eew.wpd

2

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

on this date, May 26, 2009, by electronic and/or ordinary mail.

s/Lisa G. Wagner 

Case Manager and Deputy Clerk

(313) 234-5522

2:09-cv-10224-RHC-VMM Doc # 6 Filed 05/26/09 Pg 2 of 2 Pg ID 41
EXHIBIT 31.1

              CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO
                      SECTION 302 OF THE SARBANES-OXLEY ACT

I, Douglas E. Ford, certify that:

1.   I have reviewed this quarterly report on Form 10-QSB of Sawadee Ventures,
     Inc.;

2.   Based on my knowledge, this quarterly report does not contain any untrue
     statement of a material fact or omit to state a material fact necessary to
     make the statements made, in light of the circumstances under which such
     statements were made, not misleading with respect to the period covered by
     this quarterly report;

3.   Based on my knowledge, the financial statements, and other financial
     information included in this quarterly report, fairly present in all
     material respects the financial condition, results of operations and cash
     flows of the registrant as of, and for, the period presented in this
     quarterly report;

4.   I am responsible for establishing and maintaining disclosure controls and
     procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
     registrant and have:

     a.   designed such disclosure controls and procedures to ensure that
          material information relating to the registrant, including its
          consolidated subsidiaries, is made known to us by others within those
          entities, particularly during the period in which this quarterly
          report is being prepared;
     b.   evaluated the effectiveness of the registrant's disclosure controls
          and procedures as of a date within 90 days prior to the filing date of
          this quarterly report (the "Evaluation Date"); and
     c.   presented in this quarterly report our conclusions about the
          effectiveness of the disclosure controls and procedures based on our
          evaluation as of the Evaluation Date;

5.   I have disclosed, based on my most recent evaluation, to the registrant's
     auditors and the audit committee of registrant's board of directors (or
     persons performing the equivalent functions):

     a.   all significant deficiencies in the design or operation of internal
          controls which could adversely affect the registrant's ability to
          record, process, summarize and report financial data and have
          identified for the registrant's auditors any material weaknesses in
          internal controls; and
     b.   any fraud, whether or not material, that involves management or other
          employees who have a significant role in the registrant's internal
          controls; and

6.   I have indicated in this quarterly report whether or not there were
     significant changes in internal controls or in other factors that could
     significantly affect internal controls subsequent to the date of our most
     recent evaluation, including any corrective actions with regard to
     significant deficiencies and material weaknesses.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
30th day of July, 2007.


/s/ Douglas E. Ford
--------------------------------
Chief Executive Officer
EXHIBIT 99.2

                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-0XLEY ACT OF 2002



         In connection with the Annual Report of HBOA Holdings, Inc. (the
"Company") on Form 10-KSB/A for the period ending December 31, 2002, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, William Shope, Chief Financial Officer of the Company, 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 and 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/ William Shope
-----------------------
William Shope
Chief Financial Officer
April 29, 2003
**EXHIBIT 23.1**

 

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We have issued our reports dated September 11, 2006, accompanying the consolidated financial statements and scheduleand management’s assessment of the effectiveness of internal control over financial reporting included in the Annual Report of Pervasive Software Inc. on Form 10-K for the year ended June 30, 2006. We hereby consent to the incorporation byreference of said reports in the Registration Statements of Pervasive Software Inc. on Form S-8 (File No. 333-116957, File No. 333-104770, File No. 333-70604, File No. 333-57500, File No. 333-92707, FileNo. 333-67659 and File No. 333-37347). 

 

/s/ Grant Thornton LLP 

 

Dallas, Texas

September 11, 2006
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

CHARLES H. JOHNSON,

Plaintiff,

v.

VGA GROUP, INC., et al

Defendants.

/

CIVIL ACTION NO. 08-14987

DISTRICT JUDGE AVERN COHN

ORDER FINDING PLAINTIFF’S REQUEST (MOTION) TO COMPEL DISCOVERY 

AS MOOT

Before the Court is the Plaintiff’s Request (motion) to Compel Discovery. On March

19, 2009 the Court entered judgment in favor of the Defendants and the matter was

dismissed. The Court being fully advised in the premises, 

IT IS HEREBY ORDERED that the motion is MOOT. 

Dated: March 30, 2009 s/Avern Cohn 

AVERN COHN

UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was mailed to Charles H. Johnson

1410 Washington Blvd., Apt. 905, Detroit, MI 48226 and the attorneys of record on this

date, March 30, 2009, by electronic and/or ordinary mail.

 s/Julie Owens 

Case Manager, (313) 234-5160

2:08-cv-14987-AC-MJH Doc # 47 Filed 03/30/09 Pg 1 of 1 Pg ID 304
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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

United States of America, 

Plaintiff, 

v. 

Michael Lacey, et al., 

Defendants. 

No. CR-18-422-PHX-SMB 

ORDER GRANTING MOTION TO 

EXTEND DEADLINE AND PAGELIMIT FOR REPLY TO RESPONSE TO 

DEFENDANTS’ MOTION TO 

DISMISS INDICTMENT

 (Second Request for Extension of Time) 

Based on Defendants’ Motion to Extend Deadline and Page Limit for Reply 

to Response to Defendants’ Motion to Dismiss Indictment, and good cause appearing, 

IT IS HEREBY ORDERED granting the motion and extending the deadline for 

Defendants to reply to the Government’s Response to Motion to Dismiss Indictment 

(Doc. 634) to July 17, 2019, and allowing Defendants no more than 30 pages for their 

reply. 

IT IS HEREBY ORDERED that the Motion is GRANTED. 

Excludable delay under 18 U.S.C. § 3161(h) may occur as a result of this motion 

or an order based thereon. 

DATED this day of , 20 . 

HON. SUSAN M. BRNOVICH 

United States District Judge 

Case 2:18-cr-00422-DJH Document 650-1 Filed 06/22/19 Page 1 of 1
**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 Quarterly Report of China Discovery Acquisition Corp. (the
      “Company”) on Form 10-Q for the period ending March 31, 2008 (the “Report”), as
      filed with the Securities and Exchange Commission on the date hereof, I Michael
      Hsu, Chairman of the Board and Chief Executive Officer of the Company, certify
      pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 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, as amended; and





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






Dated:
      May 15, 2008




By : 
      /s/ Michael Hsu


Michael
      Hsu


Chief
      Executive Officer


(Principal
      Executive Officer)




-
        19 -
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T h e p a rtie s c o n s e n te d to p r o c e e d b e f o r e am a g is tr a te ju d g e . See 28 ** U . S . C . § 6 36 (c ).

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on *** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T P E D R O R IV E R A , A K A T om as S a la m a n c aR a m ir e z , A K A D e n n is G o n zal es, P la in tif

f - A p p e lla n t, v. DO N BEL L, D ef

endant- A pp el l ee . N o. 08- 35349 D . C. N o . 9 : 0 5 - CV - 0 0 1 6 5 - J CL ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt f orthe D i s tr i c tof

M ont a na J e r e m i a h C . L y nc h, M a gi s tr a t e J udge , P r e s i di ng ** S ubm i tt e d F e brua ry11, 2013 *** B efo re: F E RN A N D E Z , T A S H IM A , an d W A R D L A W , C i rcu i tJu d g es. P e d r o R iv e r a , a k aT o m a s S a la m a n c aR a m ir e z , a k aD e n n is G o n z a le s , ap p e a ls 

# FI LED FEB 19 2 013 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS08- 35349 2 pr o s e f r om the di s tr i c tc ourt ’ s s um m a ryj udgm e nti n hi s 42 U . S . C . § 1983 a c t i on a l l e gi ng c l a i m s a r i s i ng f r om hi s a rr e s tf

ordr i vi ng unde rthe i nf l ue nc e of a l c ohol a nd othe rc ha r ge s . W e ha ve j ur i s di c t i on unde r28 U . S . C . § 1291. W e r e vi e w de n o v o , So rr el

s v . McKee , 2 9 0 F. 3 d 9 6 5 , 9 6 9 ( 9 th Ci r . 2 0 0 2 ) , a n d w e a f f i rm. T he di s tr i c tc ourtpr ope r l ygr a nt e d s um m a ryj udgm e nton R i ve r a ’ s e xc e s s i ve fo rce cl ai m u n d er th e d o ctri n e o f q u al i fi ed i m m u n i ty b ecau se R i v era fail ed t o rai se a genui ne di sput e of m at er i al fa ctas t o w hether defe nd antused un re as on abl e f orce i n try i ng t o g ai n con trol ov er , se ar ch, and arr es tR i veraaf t erR i verare fuse d t o o bey in s tru c tio n s , b e h a v e d e rr a tic a lly , a n d tr ie d to r e s is t th e o f f ic e r . See T

atum v. C i t

y & C ou nt y of Sa n Francisc o , 44 1 F . 3d 10 90 , 10 95 -96 (9th C i r. 20 06 ) ( use of f orce dur i ng a n a rr e s tw a s obj e c t i ve l yr e a s onabl e , note xc e s s i ve , w he r e s us pe c t , w ho l at erdi ed of cocai ne t ox i ci ty, w as agi t at ed, re fuse d t o o bey c om m ands, strugg l ed o u t o f th e o f f ic e r ’s g r a s p , a n d o th e rw is e r e s is te d a rr e s t) ; se e al so P ears on v. Cal lahan , 55 5 U . S . 22 3, 23 1-32 (200 9) (def endant s w er e e nt i t l ed t o q ual i fi ed i m m uni ty w he r e the r e i s no vi ol a t i on of pl a i nt i f f’ s c ons t i tut i ona l r i ghtorthe r i ght ati ss ue w as no t“ cl earl y e st abl i shed”) . AF F I RME D.
<PAGE>
                                                                    EXHIBIT 23.1

                        CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statements of
Industrial Distribution Group, Inc. listed below of our report dated February
18, 2003, with respect to the consolidated financial statements and schedule of
Industrial Distribution Group, Inc. included in the Annual Report (Form 10-K)
for the year ended December 31, 2002.

*    Registration Statement No. 333-45323 on Form S-8 pertaining to the
     Industrial Distribution Group, Inc. Stock Incentive Plan

*    Registration Statement No. 333-41921 on Form S-8 pertaining to the
     Industrial Distribution Group, Inc. Amended and Restated Employee Stock
     Purchase Plan

*    Registration Statement No. 333-78005 on Form S-8 pertaining to the
     Industrial Distribution Group, Inc. Management Incentive Program

*    Registration Statement No. 333-51851 on Form S-3 pertaining to the Post
     effective Amendment No. 3 on Form S-3 to Form S-1 Registration Statement

*    Registration Statement No. 333-58072 on Form S-8 pertaining to the
     Industrial Distribution Group, Inc. Amended and Restated Employee Stock
     Purchase Plan

*    Registration Statement No. 333-85480 on Form S-3 pertaining to the
     Industrial Distribution Group, Inc. registration of shares of common stock


                                                          /s/ Ernst & Young LLP

Atlanta, Georgia
March 21, 2003