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

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ORDER ESTABLISHING TRIAL DOCKET FOR THE MONTH OF 

 APRIL, 2010, BEFORE THE HONORABLE PATRICK J. DUGGAN*

Listed below are the cases on this Court's trial docket for the month of April, 2010.

Counsel will be notified when their case reaches No. 5. After such notice, counsel should

be prepared to begin trial any time on 48 hours notice. It is counsel's responsibility in all

cases after they have been so notified to contact my clerk, Marilyn Orem, at 234-5147, to

ascertain the status of the trial docket. Unless otherwise notified, this Court commences

trial at 8:45 a.m. PLEASE BE PROMPT!

1. 09-11949 KAID V. LIBERTY MUTUAL FIRE INSURANCE

2. 08-12960 FOR MOTOR CO. V. UNITED STATES OF AMERICA

3. 09-10490 ALERIS ALUMINUM CANADA V. VALEO, INC.

4. 09-12106 WILLIAMS V. JP MORGAN MORTGAGE ACQUISITION, ET.AL

5. 09-11380 RIVIERA DISTRIBUTORS V. RDI OF MICHIGAN, LLC

6. 09-12003 TOOL-PLAS SYSTEMS V. CAMACO, LLC

7. 09-12782 HERRON V. WILSHIRE CREDIT CORP.

8. 09-11290 BRICKLAYERS PENSION TRUST V. EVERLAST MASONRY

9. 09-10860 TATANGELO V. MGM GRAND DETROIT, LLC

 

s/Patrick J. Duggan 

Patrick J. Duggan

United States District Judge

Dated: February 2, 2010

I hereby certify that a copy of the foregoing document was served upon counsel of record

on February 2, 2010, by electronic and/or ordinary mail.

s/Marilyn Orem 

Case Manager

*PLEASE TAKE NOTICE THAT TRIAL WILL NOT BEGIN BEFORE THE FINAL

PRETRIAL CONFERENCE DATE.

IF THERE IS A MOTION FOR SUMMARY JUDGMENT PENDING, FINAL PRETRIAL

CONFERENCE WILL BE RESCHEDULED APPROXIMATELY 7 DAYS AFTER ANY

DECISION ON SUCH MOTION.

2:09-cv-10860-PJD-PJK Doc # 17 Filed 02/02/10 Pg 1 of 1 Pg ID 51
I

104TH CONGRESS

2D SESSION H. R. 3746

To amend title IX of the Public Works and Economic Development Act

of 1965 to make the development of brownfield sites eligible for assistance.

IN THE HOUSE OF REPRESENTATIVES

JUNE 27, 1996

Mr. KENNEDY of Massachusetts (for himself, Mr. BROWN of Ohio, Mr.

OLVER, Mr. KENNEDY of Rhode Island, Mr. BARRETT of Wisconsin, Mr.

GENE GREEN of Texas, Mr. MASCARA, and Mr. STARK) introduced the

following bill; which was referred to the Committee on Transportation

and Infrastructure, and in addition to the Committee on Banking and Financial Services, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To amend title IX of the Public Works and Economic Development Act of 1965 to make the development of

brownfield sites eligible for assistance.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 That section 903 of the Public Works and Economic De4 velopment Act of 1965 (42 U.S.C. 3243) is amended—

5 (1) in subsection (a)(1) by inserting after

6 ‘‘business development,’’ the following: ‘‘development

7 of brownfield sites,’’; and
2

•HR 3746 IH

1 (2) by adding at the end the following:

2 ‘‘(e) BROWNFIELD SITE DEFINED.—In this section,

3 the term ‘brownfield site’ means a parcel of land that con4 tains or contained abandoned or under-used commercial

5 or industrial facilities the expansion or redevelopment of

6 which is complicated by the presence or potential presence

7 of hazardous substances.’’.

Æ
Supplementary Agreement to the Amended
and Restated Loan Agreement


 


 


Borrower:            Peggy
Yu YU, ID Card No.: ***


 


Guoqing LI, ID Card No.: ***


 


(Peggy Yu YU and Guoqing LI
collectively as "Borrowers")


 


Lender:Beijing Dangdang Information Technology Co.,
Ltd.


 


On August 1, 2013, Borrower and Lender reach a supplementary
agreement to the Amended and Restated Loan Agreement ("Original Agreement") upon mutual consultation, in Beijing
China as follows:


 


		1.	The first sub-section of the recital (i.e. Whereas (1)) of Original Agreement modified as:



 


(1) As of 14th December 2004, Borrowers
have borrowed RMB 2,000,000 from Lender as registered capital of Beijing Dangdang Kewen E-Commerce Co., Ltd. (a limited liability
company incorporated under China laws, with its registered office at D102E, 6F, 17th Coutyard, Yongkang Alley, Dongcheng
District, Beijing, "Dangdang Kewen" ); and Borrowers entered into a Loan Agreement with Lender on 19th
June 2006; for the purpose of Lender's current business operations and commercial arrangement, as well as the establishment and
development of Dangdang Kewen, Lender may increase the amount of loan to Borrowers from time to time; as of the date hereof, the
total amount of the loan that Lender has provided to Borrowers is RMB20,000,000.


 


		2.	Article 2.1 modified as:



 


Borrowers hereby confirm that they have received the
loan from Lender, the total amount of which is RMB20,000,000. Additionally Borrowers have used the loan to increase the registered
capital of Dangdang Kewen from RMB 2,000,000 to RMB20,000,000 in accordance with their previous agreement with Lender. Both parties
hereby confirm that the loan from Lender is partially paid by Lender and partially paid by a third party designated by Lender.
For the purpose of Lender's current business operations and commercial arrangement, as well as the development of Dangdang Kewen,
Lender may provide loan to Borrower from time to time.


 


		3.	Other provisions in Original Agreement shall be performed as set forth originally. This agreement has three (3) counterparts
and each party holds one (1) counterpart.



 






    	 



    	 



    

 





[The remainder of this page is intentionally
left blank]


 


IN WITNESS WHEREOF, this agreement is executed on the date and
at the place first written above herein.


 


 


 


			Peggy Yu YU



 


/s/ Peggy Yu Yu


 


 


Guoqing LI,


 


/s/ Guoqing Li


 


 


 


Beijing Dangdang Information Technology Co.,
Ltd.


 


 


/s/ Guoqing Li


Authorized Representative


(Company seal)
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
  I, Peter Blackmore, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report on Form 10-Q of ShoreTel, Inc. for the quarter ended March 31, 2011 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of ShoreTel, Inc.
  Date: May 9, 2011By:
/s/ Peter BlackmoreName:
Peter BlackmoreTitle:
Chief Executive Officer

(Principal Executive Officer)
  This certification accompanies this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by referenced into any filing of the Company under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made on or before or after the date of this Report), irrespective at any general incorporation language contained in such filing.
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 98-11022 Conference Calendar

SYLVESTOR DONALD JAMES, III, Plaintiff-Appellant,

versus
WILLIAM GONZALES, Dr., ET AL., Defendants,

WILLIAM GONZALES, DR.; TIM REVELL, M.D.,
Defendants-Appellees.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Texas

USDC No. 2:98-CV-138

- - - - - - - - - - April 19, 1999 Before JONES, SMITH, and DUHÉ, Circuit Judges.
PER CURIAM: * Sylvestor Donald James, III, Texas inmate # 548272, proceeding pro se and in forma pauperis (IFP), appeals the district court’s judgment dismissing his civil rights complaint as frivolous. The district court may dismiss an IFP complaint as frivolous under 28 U.S.C. § 1915(e)(2)(B)(i) if it lacks anNo. 98-11022 -2- arguable basis in law or fact. Siglar v. Hightower , 112 F.3d 191, 193 (5th Cir. 1997). We review the dismissal of an IFP complaint as frivolous for an abuse of discretion. Id. James’ allegations against Dr. Revell do not demonstrate a constitutional violation under 42 U.S.C. § 1983. See Varnado v. Lynaugh , 920 F.2d 320, 321 (5th Cir. 1991) (a prisoner’s disagreement with prison officials regarding medical treatment does not give rise to a § 1983 cause of action; negligence, neglect, medical malpractice, and unsuccessful medical treatment do not constitute a § 1983 violation). James’ allegations against Dr. Gonzales also do not demonstrate a constitutional violation under § 1983. See Baskin v. Parker , 602 F.2d 1205, 1207-08 (5th Cir. 1979)(defendant cannot be held liable under § 1983 on a theory of vicarious liability, including respondeat superior). James’ appeal is without arguable merit and is frivolous. See Howard v. King , 707 F.2d 215, 219-20 (5th Cir. 1983). Because the appeal is frivolous, it is dismissed. See 5 TH C IR . R. 42.2. The dismissal of this appeal as frivolous and the dismissal in the district court of the complaint as frivolous count as two separate “strikes” for purposes of 28 U.S.C. § 1915(g). We caution James that once he accumulates three strikes, he may not proceed IFP in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious physical injury.
DISMISSED AS FRIVOLOUS; WARNING ISSUED.
I

104TH CONGRESS

2D SESSION H. R. 3804

To remove the restriction on the distribution of certain revenues from the

Mineral Springs parcel to certain members of the Agua Caliente Band

of Cahuilla Indians.

IN THE HOUSE OF REPRESENTATIVES

JULY 12, 1996

Mr. BONO introduced the following bill; which was referred to the Committee

on Resources

A BILL

To remove the restriction on the distribution of certain revenues from the Mineral Springs parcel to certain members

of the Agua Caliente Band of Cahuilla Indians.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. REMOVAL OF RESTRICTION ON DISTRIBUTION

4 OF CERTAIN REVENUES.

5 (a) IN GENERAL.—The fourth undesignated para6 graph in section 3(b) of the Act entitled ‘‘An Act to pro7 vide for the equalization of allotments on the Agua

8 Caliente (Palm Springs) Reservation in California, and for

9 other purposes’’ approved September 21, 1959 (25 U.S.C.
2

•HR 3804 IH

1 951 et seq.), is amended by striking ‘‘east: Provided,’’ and

2 all that follows through ‘‘deceased member.’’ and inserting

3 ‘‘east.’’.

4 (b) EFFECTIVE DATE.—The amendment made by

5 subsection (a) shall apply with respect to net rents, prof6 its, and other revenues that accrue on or after the date

7 of enactment of this Act.

Æ
Exhibit 23.1

INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statement Nos. 333-101407 and 333-102593 on Form S-3 and Registration Statement
Nos. 333-35751, 333-88635, 333-43834, 333-70952 and 333-96963 on Form S-8 of Dot Hill Systems Corp., of our reports dated March 17, 2003 appearing in this Annual Report on
Form 10-K of Dot Hill Systems Corp. for the year ended December 31, 2002.

/s/DELOITTE & TOUCHE LLP

San
Diego, California
March 31, 2003

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QuickLinks
Opinion filed March 18, 2010



## In The 

# Eleventh Court of Appeals

____ ______ 

### No. 11

- 10

- 00 049

- CR

__________ IN RE BERNARD WASHINGTON

O rigi n al Mandamus Proceeding

M E M O R A N D U M O P I N I O N
Re lator, Bernard Washington, has filed a pro se petition for writ of mandamus. In T rial C ourt C ause N o. 07

- 6704, the jury convicted Washington of two counts of assault on a public servant. The jury assessed his punishment at confinement for ten years for the first count and five years for
the second count. The trial court imposed one sentence of fifteen years in its written judgment. Relator asserts in his petition for writ of mandamus that the trial court erroneously stacked his five

and ten

- year sente nces to arrive at the fifteen

- year sentence. In relator’s direct appeal from his
convictions in Cause No. 07

- 6704, we modified the trial court’s judgment to reflect that the trial court imposed a ten

- year sentence for the fir s t count and a five

- year sente nce for the second count. See Washington v. State , No. 11

- 08

- 00250

- CR, 2009 WL 1912763, at *2 (Tex. App.

— Eastland July 2, 2009, pet. ref’d) ( mem. op., not designated for publication) . T herefore, relator’s assertion is

moot.Relator also asserts that he is entitled to receive additional credit on his sentence for the time

he served in jail during his appeal of the convictions in Cause No. 07

- 6704

. Relator was an inmate
in the I nstitutional D ivision of the Texas Department of Criminal Justice when he comm itted the
offenses involved in Cause No. 07

- 6704

. U nder Article 42.08(b) of the Code of Criminal Procedure and the terms of the trial court’s judgment in Cause No. 07

- 6704, relator’s sentences in Cause
No. 07

- 6704 will not begin to run until he completes the sentence he was serving at the time he
committed the offenses in Cause No. 07

- 6704

. See T EX

. C ODE C RIM

. P ROC

. A NN

. art. 42.08(b) (Vernon Supp. 2009). Therefore, relator is not entitled to additional credit for time served. We deny relator’s request for mandamus relief.

TERRY McCALL
JUSTICE

March 18, 2010 Do not publish. See T EX

. R. A PP

. P. 47.2(b). Panel consists of: Wright, C.J., McCall, J., and Strange, J.
C OURT OF A PPEALS FOR THE F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Siana Oil & Gas Co., LLC v. White Oak Operating Company LLC

Appellate case number: 01

- 21

- 00721

- CV

Trial court case number: 2015

- 45224

Trial court: 164th District Court of Harris County

On September 28

, 2022

, Michael J. Blanchard of the B u tch Boyd Law Firm , attorney of
record for appe ll ant

, Siana Oil and Gas Co., LLC

, and Steven J. Mitby, Timothy W. Johnson,
and John D. B u llock of the law firm Mitby Pacholder John son PLLC filed a “ First Amended Motion to Withdraw and to Substitute Counsel and Designation of N ew L ead Counsel to Ap p ellant Siana Oil and Gas Co., LLC

. ” Although there was no certificate of conference attached to the motion, more then ten days have pass ed and appellee has not responded to the
motion. T EX

. R. A P P

. P. 10.3. The motion is granted. See T EX

. R. A PP

. P. 6. 5(b), (d).

The Clerk of thi s Court is directed to note the wit hdrawal of Michael J. Blanchard and the
B u tch Boyd Law Firm as counsel for appellant and to substitute Steven J. Mitby, Timothy W. Johnson, and John D. B u llock of the law firm Mitby Pacholder Johnson PLLC as counsel for appellant on the docket of this Court , with Steven J. Mitby designated as the new lead counsel in
this case.

I t is so ORDERED.

Judge’s signature:

___________ /s/ Julie Countiss

__________ Acting individually

Date: October 1 3 , 2022
## State of N ew York Su p reme Cou rt, A p p ellate Division Third J u dicial Dep artment Decided and Entered: March 3, 2016 107071

________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MEMORANDUM AND ORDER RICKY VALLANCE, Appellant.

________________________________ Calendar Date: January 6, 2016 Before: McCarthy, J.P., Garry, Rose and Devine, JJ.

__________ Susan Patnode, Rural Law Center of New York, Castleton (George J. Hoffman Jr. of counsel), for appellant. Mary E. Rain, District Attorney, Canton (Ramy Louis of counsel), for respondent.

__________ Devine, J. Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered July 17, 2014, which revoked defendant's probation and imposed a sentence of imprisonment. In 2010, defendant pleaded guilty to a superior court information charging him with driving while intoxicated as a felony and waived his right to appeal. In exchange, he received a one-year period of interim probation. County Court (Rogers, J.) determined in December 2011 that defendant had failed to comply with the terms of his interim probation in various respects and imposed a sentence of four months in jail with five years of probation.-2- 107071

In 2014, a violation of probation petition was filed alleging that defendant failed to comply with several conditions of his probation. Defendant admitted to violating his probation upon the understanding that he would be resentenced to 1 to 3 years in prison. County Court (Richards, J.) revoked defendant's probation and imposed the promised prison sentence, and defendant now appeals. Initially, defendant is correct that his waiver of appeal in connection with his original guilty plea and sentence does not preclude his current challenge to the severity of the sentence imposed upon the revocation of his probation (see People v McFadden, 127 AD3d 1340, 1341 [2015], lv denied 26 NY3d 932 [2015]; People v Lavalley, 100 AD3d 1151, 1151 n [2012]). Nonetheless, given defendant's lengthy criminal history (see People v Vallance, 49 AD3d 917 [2008], lv denied 10 NY3d 845 [2008]), his demonstrated inability to comply with the terms of probation, and County Court's consideration of the relevant and mitigating sentencing factors, we discern neither extraordinary circumstances nor an abuse of discretion warranting a reduction of his agreed-upon sentence in the interest of justice (see People v Coupe, 124 AD3d 1141, 1142 [2015]; People v Ross, 67 AD3d 1130, 1131 [2009]). McCarthy, J.P., Garry and Rose, JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

RALPH MARTIN CONSTRUCTION AND 

LACKAWANNA AMERICAN INSURANCE 

COMPANY

v.

MIGUEL CASTANEDA-ESCOBAR 

(WORKERS' COMPENSATION APPEAL 

BOARD)

PETITION OF: MIGUEL CASTANEDAESCOBAR

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

No. 216 EAL 2022

Petition for Allowance of Appeal 

from the Order of the 

Commonwealth Court

ORDER

PER CURIAM

AND NOW, this 15th day of February, 2023, the Petition for Allowance of Appeal

is DENIED.
| 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. |
|----------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    | /s/      Rod A. Shipman                    | Dated:                                         | March      13, 2009 |
|--------|--------------------------------------------|--------------------------------------------------------------------|---------------------|
|   | Rod      A. Shipman                        |                                                               |                |
| Title: | President      and Chief Executive Officer |                                                               |                |
|   |                                       |                                                               |                |
|   |                                       |                                                               |                |
| By:    | /s/      Marcia J. Hein                    |       Dated:     | March      13, 2009 |
|   | Marcia      J. Hein                        |                                                               |                |
| Title: | Chief      Financial Officer               |                                                               |                |
Exhibit 23

INDEPENDENT AUDITORS' CONSENT

We
consent to the incorporation by reference in Registration Statement Nos. 333-87879 and 333-70432 of Power-One, Inc. on Form S-8 of our report dated March 3, 2004 (which
report expresses an unqualified opinion and includes an explanatory paragraph regarding the adoption of Statement of Financial Accounting Standards No. 142 "Goodwill and Other Intangible
Assets" effective January 1, 2002), appearing in this Annual Report on Form 10-K of Power-One, Inc. for the year ended December 31, 2003.

Los
Angeles, California
March 10, 2004

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QuickLinks
_________________________________________ 

 

 

Order Michigan Supreme Court

Lansing, Michigan 

November 21, 2007 Clifford W. Taylor,

 Chief Justice 

134572 Michael F. Cavanagh 

Elizabeth A. Weaver 

Marilyn Kelly 

Maura D. Corrigan 

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellant, 

Robert P. Young, Jr. 

Stephen J. Markman,

 Justices 

v SC: 134572 

 COA: 275401 

Livingston CC: 06-015972-FC

53rd DC: 06-1172-FY 

DANIEL SANFORD TESEN,

Defendant-Appellee. 

_________________________________________/ 

On order of the Court, the application for leave to appeal the June 26, 2007 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court. 

CORRIGAN, J., would grant leave to appeal. 

p1114 

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

November 21, 2007 

 Clerk
|   | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, 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 at the dates and for the periods indicated. |
|--------|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Date: May 16, 2011 | /s/ Qingqing Wu               |   |
|--------------------|-------------------------------|--------|
|               | Qingqing Wu                   |   |
|               | Chief Executive Officer       |   |
|               | (Principal Executive Officer) |   |

----