alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

MELISSA V. COUTANT and ANDREW T. COUTANT
, Appellant s ,

v.

RANDALL R. LUCE, WILLIAM L. FOREMAN, LEDA L. SCHRODER
, n/k/a LEDA L. FOREMAN, and KAREN LUCE n/k/a KAREN

BOOKOUT
,

Appellee s

.

No. 4D 17

- 1051

[ December 13, 2017 ]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County ; Janet Croom , Judge; L.T. Case No. 2008 CA003701

.

Melissa V. Coutant, Covington, LA, pro se

, and Andrew T. Coutant, North Haven, CT, pro se.

No appearance for appellees.

P ER C URIAM

.

Appellants, Melissa Coutant and Andrew Coutant, challenge the trial

court’s dismissal of their complaint with prejudice and subsequent denial

of a rule 1.540 motion in this suit for damages based on allegations of malicious prosecution, false imprisonment, defamation, and intentional infliction of emotional distress. We affirm on all issues, except one.

As to defendant Karen Luce n/k/a Karen Bookout, we find that the trial

court erred in summarily denying Andrew Cout ant ’ s rule 1.540 (b) motion for relief from judgment , which alleged that a notice of voluntary dismissal

had been mailed to Karen Bookout prior to the court’s order dismissing the case with prejudice

. See Schleger v. S tebelsky , 957 So. 2d 71 , 73 (Fla. 4th DCA 2007) (“ A motion for relief from judgment should not be summarily dismissed without an evidentiary hearing unless its allegations and accompanying affidavits fail to allege ‘colo rable entitlement’ to relief. ” (cita tion omitted) ) ; see also Pino v. Bank of New York , 121 So. 3d 23, 40 (Fla. 2013) (“ Under a plain reading of rule 1.420(a)(1), the trial court now has no authority or discretion to deny a plaintiff’s service of a notice of2 voluntary dismissal, as the dismis sal is effective upon service .”)

. The

motion’s allegation that the notice was mailed to Karen Bookout asserted

a colorable entitlement to relief insofar as the voluntary dismissal w ould

have been effective upon being mailed . This would have stripped the trial court of jurisdiction as to th at particular defendant before the court entered its order of dismissal with prejudice. Appellants concede that the notice was never mailed to the remaining defendants.

Accordingly, we re verse the trial court’s summary denial of the motion

to vacate solely as to Karen Bookout and remand for an evidentiary hearing. See Schleger , 957 So. 2d at 73.

Affirmed in part; Reverse in part; and Remanded

.

W ARNER
, G ROSS and T AYLOR

, JJ., concur.

* * *

Not f inal until disposition of timely filed motion for rehearing.
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
Annual Report on Form 10-K of ModusLink Global Solutions, Inc. (the Company) for the fiscal year ended July 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned,
Joseph C. Lawler, hereby certifies, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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: October 14, 2009



By:

/s/    JOSEPH C.
LAWLERJoseph C. LawlerChairman, President and Chief Executive Officer
[Federal Register Volume 61, Number 20 (Tuesday, January 30, 1996)]
[Notices]
[Page 3059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1682]



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


NUCLEAR REGULATORY COMMISSION

Consideration of Valve Mispositioning in Pressurized-Water 
Reactors; Issued

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of issuance.

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

SUMMARY: The Nuclear Regulatory Commission (NRC) has issued Generic 
Letter 89-10, Supplement 7 to notify licensees of nuclear power 
reactors that the NRC is removing the recommendation that motor 
operated valve (MOV) mispositioning be considered by pressurized-water 
reactor licensees in responding to Generic Letter 89-10, ``Safety-
Related Motor-Operated Valve Testing and Surveillance,'' as was done 
for boiling-water reactor licensees in Supplement 4. Although this 
generic letter supplement forwards a new NRC position, no specific 
action or written response is required. This generic letter is 
available in the Public Document Rooms under accession number 
9601190442.

DATES: The generic letter was issued on January 24, 1996.

ADDRESSEES: Not applicable.

FOR FURTHER INFORMATION CONTACT: David C. Fischer at (301) 415-2728.

SUPPLEMENTARY INFORMATION: None.

    Dated at Rockville, Maryland, this 24th day of January, 1996.

    For the Nuclear Regulatory Commission.
Dennis M. Crutchfield,
Director, Division of Reactor Program Management, Office of Nuclear 
Reactor Regulation.
[FR Doc. 96-1682 Filed 1-29-96; 8:45 am]
BILLING CODE 7590-01-P
Order entered December 19, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-01216-CV

THE STATE OF TEXAS, Appellant

V.

DALLAS COUNTY, ET AL., Appellees

On Appeal from the 68th Judicial District Court

Dallas County, Texas

Trial Court Cause No. TX-12-30113

ORDER

We GRANT appellees’ December 17, 2014 motion for an extension of time to file a 

brief. Appellees shall file their brief by JANUARY 16, 2015. We caution appellees that no 

further extension of time will be granted in this accelerated appeal absent extraordinary 

circumstances.

/s/ ELIZABETH LANG-MIERS 

JUSTICE
EXHIBIT 32.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of VB Trade, Inc. (the "Company") on
Form 10-QSB for the period ending June 30, 2007, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Ray Primack,
Principal 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 the best of my knowledge and belief:

     (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 the
          operation of the Company.


                                   /s/ Ray Primack
                                   ---------------------------------------------
                                   Ray Primack
                                   Principal Financial Officer
                                   August 13, 2007

This certification accompanies this Report pursuant to ss.906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by Registrant for the purposes of
ss.18 of the Securities Exchange Act of 1934, as amended. This certification
shall not be incorporated by reference into any filing under the Securities Act
of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether
made before or after the date of this Report), irrespective of any general
incorporation language contained in such filing.

A signed original of this written statement required by ss.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 32.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Agatha Auduon, 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,
Arkson Nutraceuticals, Inc.'s Quarterly Report on Form 10-Q for the fiscal
quarter ended December 31, 2008 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 Arkson
Nutraceuticals, Inc.

Date: 2/10/09                           By: /s/ Agatha Auduon
                                           -------------------------------------
                                        Name:  Agatha Auduon
                                        Title: Chief Financial Officer
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3979 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 3979

To amend the Internal Revenue Code of 1986 to allow a refundable credit 
             for the contribution of books to any library.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             August 2, 1996

   Mr. Fox of Pennsylvania introduced the following bill; which was 
              referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to allow a refundable credit 
             for the contribution of books to any library.

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

SECTION 1. REFUNDABLE CREDIT FOR CONTRIBUTIONS OF BOOKS AND EQUIPMENT 
              TO LIBRARIES.

    (a) In General.--Subpart C of part IV of subchapter A of chapter 1 
of the Internal Revenue Code of 1986 (relating to refundable credits) 
is amended by redesignating section 35 as section 36 and by inserting 
after section 34 the following new section:

``SEC. 35. CREDIT FOR CONTRIBUTIONS OF BOOKS OR EQUIPMENT TO LIBRARIES.

    ``In the case of an individual, there shall be allowed as a credit 
against the tax imposed by this subtitle an amount equal to the value 
of any book or equipment contributed to a library.''
    (b) Clerical Amendment.--The table of sections for such subpart C 
is amended by striking the last item and inserting the following new 
items:

                              ``Sec. 35. Credit for contribution of 
                                        books or equipment to 
                                        libraries.
                              ``Sec. 36. Overpayments of tax.''
    (c) Effective Date.--The amendments made by this section shall 
apply to contributions after the date of the enactment of this Act in 
taxable years ending after such date.
                                 <all>
```
1

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

MARQUETTA DUDLEY and

PERCY DUDLEY,

Plaintiffs,

Case No. 08-14017

-vs- Hon: AVERN COHN

50TH DISTRICT COURT, JUDGE

PRESTON THOMAS and JUDITH GRACEY,

Defendants.

/

ORDER FINDING DEFENDANTS’ MOTION TO DISMISS AS MOOT

 AND GRANTING PLAINTIFFS’ MOTION TO AMEND COMPLAINT

This is an employment discrimination case. The complaint names the 50th District

Court, Judge Preston Thomas (Thomas) and Judith Gracey (Gracey) as defendants.

Gracey is the Court Administrator and Clerk of the 50th District Court. The Court does not

have jurisdiction over the 50th District Court, or Thomas or Gracey in their official capacities

as a consequence of Eleventh Amendment immunity. 

Accordingly, the 50th District Court is DISMISSED, and Thomas and Gracey are

DISMISSED in their official capacities. Plaintiffs shall have fifteen (15) days within which

to file an amended complaint compatible to federal court jurisdiction. Defendants named

2:08-cv-14017-MJH Doc # 15 Filed 02/12/09 Pg 1 of 2 Pg ID 134
2

in the amended complaint shall have twenty (20) days within which to answer or otherwise

plead. The pending motion to dismiss is MOOT.

SO ORDERED.

Dated: February 12, 2009 s/Avern Cohn 

AVERN COHN

UNITED STATES DISTRICT JUDGE

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

on this date, February 12, 2009, by electronic and/or ordinary mail.

 s/Julie Owens 

Case Manager, (313) 234-5160

2:08-cv-14017-MJH Doc # 15 Filed 02/12/09 Pg 2 of 2 Pg ID 135
EXHIBIT 32.2



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

(18 U.S.C SECTION 1350)



In connection with the Quarterly Report of Chuma Holdings, Inc. (the Company) on Form 10-Q for the period ending February 28, 2015, as filed with the Securities and Exchange Commission (the Report), Paul Shively, the Chief Financial and Accounting Officer of the Company, certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of his knowledge:





|    |                                                                                                                                                          
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------
|(1) | The Report containing the financial statements 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 the Company.





|                     |     |                                               | 
|-------------------- | --- | --------------------------------------------- | 
|                     |     |                                               | 
|Date: April 20, 2015 | By: | */s/ Paul Shively*                            | 
|                     |     | Chief Financial Officer, Chuma Holdings, Inc. |
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

LISA VERDUSCO (DAVIS),

CASE NO: 09-11607

Plaintiff,

DISTRICT JUDGE THOMAS L. LUDINGTON

v. MAGISTRATE JUDGE CHARLES E. BINDER

SAINT MARY’S MEDICAL CENTER,

Defendant. 

/

MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION

ON DEFENDANT’S MOTION TO DISMISS AND/OR FOR SANCTIONS

(Doc. 18)

I. RECOMMENDATION

For the reasons set forth below, IT IS RECOMMENDED that the motion be DENIED AS

MOOT.

II. REPORT

This motion was referred to the undersigned, and counsel appeared for oral argument on

June 22, 2010. Counsel for Defendant advised the Court that since the filing of the motion, the

Plaintiff’s deposition was scheduled and completed, which effectively resolves the instant motion.

I therefore recommend that an order be entered denying the motion as moot.
2

III. REVIEW

Pursuant to Rule 72(b)(2) of the Federal Rules of Civil Procedure, “[w]ithin 14 days after

being served with a copy of the recommended disposition, a party may serve and file specific

written objections to the proposed findings and recommendations. A party may respond to another

party’s objections within 14 days after being served with a copy.” Fed. R. Civ. P. 72(b)(2). See

also 28 U.S.C. § 636(b)(1). Failure to file specific objections constitutes a waiver of any further

right of appeal. See Thomas v. Arn, 474 U.S. 140, 106 S. Ct. 466, 88 L. Ed. 2d 435 (1985);

Howard v. Sec’y of Health & Human Servs., 932 F.2d 505 (6th Cir. 1991); United States v. Walters,

638 F.2d 947 (6th Cir. 1981). The parties are advised that making some objections, but failing to

raise others, will not preserve all the objections a party may have to this Report and

Recommendation. See Willis v. Sec’y of Health & Human Servs., 931 F.2d 390, 401 (6th Cir.

1991); Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987).

Pursuant to E.D. Mich. LR 72.1(d)(2), a copy of any objections is to be served upon this

Magistrate Judge. 

 s/ Charles` E Binder 

CHARLES E. BINDER 

Dated: June 28, 2010 United States Magistrate Judge

CERTIFICATION

I hereby certify that this Report and Recommendation was electronically filed this date, electronically served

on Manda Westervelt and Richard Vary, and served on District Judge Ludington in the traditional manner.

Date: June 28, 2010 By s/Mimi Bartkowiak 

Law Clerk to Magistrate Judge Binder
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 Greater Asia Realty Holdings, Ltd. (the
“Company”) on Form 10-Q for the quarter ending June 30, 2009, as filed with the
U.S. Securities and Exchange Commission on the date hereof (the “Report”), I,
Ronnie L. Steinocher, Chief Executive Officer and Chief Financial Officer of the
Company, certify to the best of my knowledge, 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 result of operations of the
Company.




A signed
original of this written statement required by Section 906, another 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.




/s/ Ronnie L.
  Steinocher


By:
Ronnie L. Steinocher


Title:
Chief Executive Officer,


Principal
Financial Officer and Director




Dated:
August 14, 2009
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-11282-PJD-RSW Doc # 14 Filed 10/01/09 Pg 1 of 1 Pg ID 105
[Federal Register Volume 61, Number 132 (Tuesday, July 9, 1996)]
[Notices]
[Page 36036]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17438]


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

DEPARTMENT OF COMMERCE
[I.D. 070296A]


Mid-Atlantic Fishery Management Council; Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of public meeting.

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

SUMMARY: The Mid-Atlantic Fishery Management Council's Bluefish 
Advisory Panel (together with the Atlantic States Marine Fisheries 
Commission's Bluefish Advisory Panel) will hold a public meeting.

DATES: The meeting will be held on July 24, 1996, from 1:30 p.m. until 
5:30 p.m.

ADDRESSES: The meeting will be held at the Holiday Inn at the 
Crossings, 801 Greenwich Avenue, Warwick, RI; telephone: (401) 732-
6000.
    Council address: Mid-Atlantic Fishery Management Council, 300 S. 
New Street, Dover, DE 19901; telephone: (302) 674-2331.

FOR FURTHER INFORMATION CONTACT: David R. Keifer, Executive Director; 
telephone: (302) 674-2331.

SUPPLEMENTARY INFORMATION: The purpose of this meeting is for 
discussion of technical/assessment report, Amendment #1 overfishing 
definition, and Amendment #1 management measures.

Special Accommodations

    This meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aids 
should be directed to Joanna Davis at the Council (see ADDRESSES) at 
least 5 days prior to the meeting date.

    Dated: July 2, 1996.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 96-17438 Filed 7-8-96; 8:45 am]
BILLING CODE 3510-22-F