alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Evon L. Headbany RACE, Appellant, v. Willard B. BUNCH, Respondent, Milton D. Skeens, Defendant.

No. WD 49887.

Missouri Court of Appeals, Western District.

August 8, 1995.

Motion for Rehearing and/or Transfer to Supreme Court Denied Oct. 3, 1995.

Application to Transfer Denied Nov. 21, 1995.

Theresa Hook Barton, Kansas City, for appellant.

J.D. Williamson, Jr., John E. Cash, Kansas City, for respondent.

Norman O. Sanders, Kansas City, for defendant.

Before KENNEDY, P.J., and SMART and LAURA DENVIR STITH, JJ.

*712
      *ORDER*

PER CURIAM.

Appeal by Evon Race from the following trial court’s rulings on her claims against Willard Bunch: Count I (conspiracy) summary judgment and, in the alternative, dismissal; Count II (conversion) dismissal; Count III (fraud) dismissal; Count IV (libel) summary judgment and, in the alternative, dismissal; Count V (malicious prosecution) summary judgment; and Count VI (intentional infliction of emotional distress) dismissal.

Judgment affirmed. Rule 84.16(b).
#### STATE FARM GENERAL INSURANCE COMPANY, Relator, v. Honorable Monte D. LAWLIS, Judge, Respondent.

No. 09-89-064 CV.

Court of Appeals of Texas, Beaumont.

June 22, 1989.

Clint W. Lewis, Beaumont, for relator.

Sid S. Stover, Jasper, for real party in interest.

OPINION

PER CURIAM.

Relator, State Farm General Insurance Company, filed this original petition for writ of mandamus complaining of The Honorable Monte D. Lawlis, Judge of the 1-A Judicial District Court of Tyler County, Texas, arising from an order denying Relator’s plea in abatement.

Troy and Dorothy Caldwell filed suit against Relator alleging that Relator failed *949to pay under the terms of their homeowners policy after the covered structure was destroyed by fire, and alleging bad faith settlement practices. Relator filed a plea in abatement alleging that the policy contained express conditions precedent to recovery regarding production of records and submission of the insured to examination under oath. Relator alleged that the examination had been requested and scheduled on numerous occasions and that the Caldwell’s attorney had cancelled the examinations. The Caldwells contend they have substantially complied with the policy requirement by submitting Troy Caldwell to a four-hour recorded interview with Relator’s adjuster. This interview was neither sworn nor subscribed.

The insurance policy reads as follows: “If loss occurs ... the Insured shall ... if requested by the Company, submit to examination under oath and subscribe the same.”

The policy further states: “No suit or action on this policy for the recovery of any claim shall be sustainable in any court of law or equity unless all the requirements of this policy shall have been complied with....”

Insurance policy provisions requiring the insured’s submission to examination under oath as a condition precedent to sustaining a suit on the policy are valid. *Philadelphia Underwriters’ Agency v. Driggers,*111 Tex. 392, 238 S.W. 633 (1922). The insurer’s proper remedy to enforce the condition precedent is abatement rather than bar. *Humphrey v. National Fire Ins. Co.,*231 S.W. 750 (Tex.Comm’n App.1921, jdgmt adopted). Relator exercised its contractual right to require an oral examination under oath and there is no evidence that this right was ever waived. Therefore, abatement of the suit is proper and Relator’s petition for mandamus is conditionally granted. Only if the trial court fails to grant the plea in abatement within thirty days will mandamus issue.
Fourth Court of Appeals

San Antonio, Texas

JUDGMENT

No. 04-15-00035-CV

ARK DIMENSION 4, INC. and Robert Pospisil,

Appellants

v.

Michelle Griffith, Personal Representative of the Estate of Dell O. /s

Michelle GRIFFITH,

Personal Representative of the Estate of Del O. Amy, deceased,

Appellee

From the 216th Judicial District Court, Gillespie County, Texas

Trial Court No. 12575A

Honorable N. Keith Williams, Judge Presiding

BEFORE JUSTICE MARTINEZ, JUSTICE ALVAREZ, AND JUSTICE CHAPA

In accordance with this court’s opinion issued this date, we REVERSE the trial court’s 

judgment signed October 15, 2014, and RENDER judgment in accordance with the terms of the 

settlement agreement between the parties. See TEX. R. APP. P. 42.1(a)(2)(A), 43.2(c). Costs of 

appeal are taxed against the parties who have incurred them.

SIGNED September 9, 2015.

_________________________________

Rebeca C. Martinez, Justice
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ORDER ESTABLISHING TRIAL DOCKET FOR THE MONTHS OF NOVEMBER AND

 DECEMBER, 2009, BEFORE THE HONORABLE PATRICK J. DUGGAN*

Listed below are the cases on this Court's trial docket for the months of November and

December, 2009. 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. 09-10525 TRUSTEES OF THE BRICKLAYERS PENSION TRUST FUND, ET.AL V. 

 DESANTIS CONSTRUCTION CO.

2. 09-10832 ARNOLD V. CITIZENS FIRST BANCORP

3. 09-10347 HASSAN V. AUTOMATIC DATA PROCESSING

4. 09-11282 DANIEL V. ALLSTATE INSURANCE CO.

5. 07-10805 HUMPHRIES V. OAKLAND COUNTY ROAD COMMISSION

6. 08-14467 FLANAGAN V. STEWART, ET.AL

7. 08-14291 MILLS V. RODABAUGH, ET.AL

 09-10921 

8. 08-14886 PENNSYLVANIA LIFE INSURANCE CO. V. CITY OF RIVER ROUGE

9. 09-11691 CLEVELAND V. QUEST DIAGNOSTICS

s/Patrick J. Duggan 

Patrick J. Duggan

United States District Judge

Dated: October 1, 2009

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

on October 1, 2009, 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 10 DAYS AFTER ANY

DECISION ON SUCH MOTION.

2:09-cv-10832-PJD-VMM Doc # 14 Filed 10/01/09 Pg 1 of 1 Pg ID 249
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28

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

United States of America,

Plaintiff,

v. 

John Brunst,

Defendant.

No. CR-18-00422-004-PHX-DJH

AMENDED JUDGMENT OF 

ACQUITTAL

IT IS ORDERED that the Defendant is now entitled to be discharged for the 

reason that the jury has returned its verdict, finding the Defendant not guilty as to Counts 

2-51 and 63.

IT IS FURTHER ORDERED that pursuant to the Court’s Orders filed April 23, 

2024, and April 26, 2024, the Defendant is hereby discharged as to Counts 78-84 and 86-

93 of the Superseding Indictment. 

IT IS FURTHER ORDERED and ADJUDGED that the Defendant is hereby 

acquitted and discharged as to these counts only pursuant to Rule 32(k), Federal Rules of 

Criminal Procedure.

Dated this 26th day of April, 2024.

Honorable Diane J. Humetewa

United States District Judge

Case 2:18-cr-00422-DJH Document 2083 Filed 04/26/24 Page 1 of 1
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

CASE NO. 08-20669-04

Plaintiff,

vs. HON. ROBERT H. CLELAND

CARLOS SOLER-NORONA,

Defendant.

 /

DAVID R. CRIPPS (P34972)

Attorney for Defendant

431 Gratiot Avenue

Detroit, MI 48226

(313) 963-0210

_____________________________________/

ORDER ALLOWING DAVID CRIPPS INTO THE 

OAKLAND COUNTY JAIL WITH LAPTOP COMPUTER

At a session of said Court, held in

United States District Court

on November 12, 2009

PRESENT: HON. Robert H. Cleland 

 United States District Court Judge

This matter having come before the Court pursuant to counsel’s request to enter into the

Oakland County Jail with a laptop computer to review discovery formatted on compact disks, the

Court being otherwise fully advised in the premises;

IT IS HEREBY ORDERED that David R. Cripps be admitted to the Oakland

 County Jail, with a laptop computer for the purpose of reviewing discovery with the defendant,

 Mr. Carlos Soler-Norona, inmate #00357958.

 S/Robert H. Cleland 

ROBERT H. CLELAND

UNITED STATES DISTRICT JUDGE

2:08-cr-20669-RHC-MKM Doc # 116 Filed 11/12/09 Pg 1 of 2 Pg ID 289
Dated: November 12, 2009

I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date,

November 12, 2009, by electronic and/or ordinary mail.

 S/Lisa Wagner 

Case Manager and Deputy Clerk

(313) 234-5522

2:08-cr-20669-RHC-MKM Doc # 116 Filed 11/12/09 Pg 2 of 2 Pg ID 290
EXHIBIT 31.2

CERTIFICATION OF THE CHIEF FINANCIAL OFFICER

PURSUANT TO SECTION 302 (a) OF THE SARBANES-OXLEY ACT OF
2002

I, Stephen F. Ghiglieri, certify that:

1. I have reviewed this Quarterly Report on Form 10-Q of NeurogesX, Inc.;

2. Based on my knowledge, this
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 report;

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

4. The registrants other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the
registrant and have:

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed
under our supervision, 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 report is being
prepared;

(b) Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our
conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

(c) Disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal
quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and

5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial
reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):

(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting that are reasonably likely to adversely affect the registrants ability to record,
process, summarize and report financial information; and

(b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrants internal control over financial reporting.

Dated: August 13, 2007



By:

/s/ Stephen F. GhiglieriStephen F. GhiglieriChief Financial Officer (Principal Financial and
Accounting Officer)
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3625 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 3625

 To authorize appropriations for the National Historical Publications 
  and Records Commission for fiscal years 1998, 1999, 2000, and 2001.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 1996

   Mr. Mica introduced the following bill; which was referred to the 
              Committee on Government Reform and Oversight

_______________________________________________________________________

                                 A BILL

 
 To authorize appropriations for the National Historical Publications 
  and Records Commission for fiscal years 1998, 1999, 2000, and 2001.

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

SECTION 1. AUTHORIZATION OF APPROPRIATIONS FOR THE NATIONAL HISTORICAL 
              PUBLICATIONS AND RECORDS COMMISSION.

    Section 2504(f)(1) of title 44, United States Code, is amended--
            (1) in subparagraph (F) by striking out ``and'' after the 
        semicolon;
            (2) in subparagraph (G) by striking out the period and 
        inserting in lieu thereof a semicolon; and
            (3) by adding at the end the following new subparagraphs:
                    ``(H) $10,000,000 for fiscal year 1998;
                    ``(I) $10,000,000 for fiscal year 1999;
                    ``(J) $10,000,000 for fiscal year 2000; and
                    ``(K) $10,000,000 for fiscal year 2001.''.
                                 <all>
```
EXHIBIT 32.1


                           SECTION 1350 CERTIFICATION


     In connection  with the Quarterly  Report of  School4Chauffeurs,  Inc. (the
"Company")  on Form 10-Q for the quarter  ending June 30, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Jeffery
E. Jones, President 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.


Date: July 24, 2009



                                        By: /s/ JEFFERY E. JONES
                                            ___________________________
                                                Jeffery E. Jones
                                                President
EXHIBIT
32.1





CERTIFICATION
OF CHIEF EXECUTIVE OFFICER


Section
906 Certification





Pursuant
to 18 U.S.C. § 1350, the undersigned officer of DISH DBS Corporation (the
“Company”) hereby certifies that to the best of his knowledge the Company’s
Annual Report on Form 10-K for the year ended December 31, 2009 (the “Report”)
fully complies with the requirements of Section 13(a) or 15(d), as applicable,
of the Securities Exchange Act of 1934 and that the information contained in the
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.











Dated:
March 9,
2010





Name:
/s/Charles
W.
Ergen





Title:
Chairman,
President and Chief Executive
Officer








The
foregoing certification is being furnished solely pursuant to 18 U.S.C. § 1350
and is not being filed as part of the Report or as a separate disclosure
document.





A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version 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.
Exhibit 32.1

CERTIFICATION BY 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 Quarterly Report of CAI International, Inc. (the Company) on
Form 10-Q for the period ended March 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Masaaki (John) Nishibori, President and Chief Executive 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:



| | (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                  |  |  |  |                                      
|----------------- |  |  |  | -------------------------------------
|                  |  | 
|Date: May 8, 2009 |  |  |  | /s/ MASAAKI (JOHN) NISHIBORI         
|                  |  |  |  | Masaaki (John) Nishibori             
|                  |  |  |  | President and Chief Executive Officer
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

GODFREY CADOGAN, 

Plaintiff,

Civil No.09-10243

Hon. John Feikens 

v.

UNITED STATES OF AMERICA, et al,

Defendant. 

________________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S REPORT AND

RECOMMENDATION

The Court having reviewed the Magistrate Judge’s Report and Recommendation,

filed on 4/16/2009, and the objections by Plaintiff filed on 5/5/2009; and

IT IS ORDERED that the Report is ADOPTED and entered as the findings and

conclusions of this court. 

s/John Feikens 

John Feikens

United States District Judge

Dated: May 22, 2009

2:09-cv-10243-JF-MKM Doc # 16 Filed 05/22/09 Pg 1 of 2 Pg ID 239
2

The undersigned certifies that a copy of this

document was served on the attorneys of

record by electronic means or U.S. Mail on

May 22, 2009.

s/Carol Cohron 

Deputy Clerk

2:09-cv-10243-JF-MKM Doc # 16 Filed 05/22/09 Pg 2 of 2 Pg ID 240
**Exhibit 21.1**

**SUBSIDIARIES OF THE REGISTRANT**

Vignette Corporation, incorporated under the laws of Delaware 

Vignette Holdings, L.L.C., organized under the laws of Delaware. 

VignetteUSA, Inc., incorporated under the laws of Delaware 

Vignette International, Inc., incorporated under the laws of Delaware. 

Vignette Public Sector, Inc. (formerly known as Vignette Federal Corporation), incorporated under the laws of Delaware. 

Vignette Europe Limited, organized under the laws of the United Kingdom. 

Vignette SARL, organized under the laws of France. 

Vignette Deutschland GmbH, organized under the laws of Germany. 

Vignette Software (Switzerland), organized under the laws of Switzerland. 

Vignette Iberica S. L., organized under the laws of Spain. 

Vignette Iberica S.L. — Portugese Branch Office 

Vignette Italia Srl, organized under the laws of Italy. 

Vignette B.V.organized under the laws of Holland. 

Vignette Nordic AB, organized under the laws of Sweden. 

Vignette Pty Limited, organized under the laws of Australia. 

VignetteSoftware New Zealand Limited, organized under the laws of New Zealand. 

Vignette Hong Kong Limited, organized under the laws of Hong Kong. 

Vignette Asia Pte Ltd., organized under the laws of Singapore. 

VignetteIndia Pvt Ltd., organized under the laws of India. 

Vignette Software Development India Pvt Ltd., organized under the laws of India. 

Vignette de Mexico, S. de R.L. de C. V., organized under the laws of Mexico. 

Vignette do Brasil Ltda., organized under the laws of Brazil. 

Vignette Canada Company, organized under the laws of Canada. 

Copper Australia Pty Limited, organized under the laws of Australia. 

TowerTechnology Limited, organized under the laws of Massachusetts 

OnDisplay UK, organized under the laws of the United Kingdom 

OnDisplay BV, organized under the laws of Holland 

Micronets, Inc.,Delaware corporation 100% owned by Vignette Corporation 

Micronets Corporation S.R.L., Romanian corporation 100% owned by Micronets
**Exhibit
      23.2**











**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**






We
        consent to the incorporation by reference in Registration Statement Nos.
        333-132227 and 333-98775 on Form S-3 and Registration Statement Nos. 333-99597,
        333-103368, and 333-118347 on Form S-8 of our report dated March 11, 2005,
        (February 28, 2007, as to the effects of the discontinued operations described
        in Note 9), relating to the consolidated financial statements of Equity One,
        Inc. and subsidiaries for the year ended December 31, 2004, appearing in
        this
        Annual Report on Form 10-K of Equity One, Inc. for the year ended December
        31,
        2006.





/s/
      DELOITTE & TOUCHE LLP


Miami,
      Florida


February
      28, 2007
[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Notices]
[Page 35732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17292]


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

FEDERAL EMERGENCY MANAGEMENT AGENCY
[FEMA-1122-DR]


Ohio; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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

SUMMARY: This is a notice of the Presidential declaration of a major 
disaster for the State of Ohio (FEMA-1122-DR), dated June 24, 1996, and 
related determinations.

EFFECTIVE DATE: June 24, 1996.

FOR FURTHER INFORMATION CONTACT: Pauline C. Campbell, Response and 
Recovery Directorate, Federal Emergency Management Agency, Washington, 
DC 20472, (202) 646-3606.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter 
dated June 24, 1996, the President declared a major disaster under the 
authority of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.), as follows:

    I have determined that the damage in certain areas of the State 
of Ohio, resulting from flooding on May 2, 1996 through May 25, 
1996, is of sufficient severity and magnitude to warrant a major 
disaster declaration under the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (``the Stafford Act''). I, therefore, 
declare that such a major disaster exists in the State of Ohio.
    In order to provide Federal assistance, you are hereby 
authorized to allocate from funds available for these purposes, such 
amounts as you find necessary for Federal disaster assistance and 
administrative expenses.
    You are authorized to provide Public Assistance and Hazard 
Mitigation in the designated areas. Consistent with the requirement 
that Federal assistance be supplemental, any Federal funds provided 
under the Stafford Act for Public Assistance or Hazard Mitigation 
will be limited to 75 percent of the total eligible costs.

    The time period prescribed for the implementation of section 
310(a), Priority to Certain Applications for Public Facility and Public 
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed 
six months after the date of this declaration.
    Notice is hereby given that pursuant to the authority vested in the 
Director of the Federal Emergency Management Agency under Executive 
Order 12148, I hereby appoint Ron Sherman of the Federal Emergency 
Management Agency to act as the Federal Coordinating Officer for this 
declared disaster.
    I do hereby determine the following areas of the State of Ohio to 
have been affected adversely by this declared major disaster:

    Adams, Belmont, Brown, Gallia, Hamilton, Jefferson, Meigs, 
Paulding, Scioto, and Williams Counties for Public Assistance and 
Hazard Mitigation.

(Catalog of Federal Domestic Assistance No. 83.516, Disaster 
Assistance)
James L. Witt,
Director.
[FR Doc. 96-17292 Filed 7-5-96; 8:45 am]
BILLING CODE 6718-02-P