alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Donald L. FINCHEM, Appellant, v. STATE of Missouri, Respondent.

No. WD 51882.

Missouri Court of Appeals, Western District.

Nov. 12, 1996.

David Simpson, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Christine M. Blegen, Asst. Atty. Gen., Jefferson City, for respondent.

Before ELLIS, P.J., and LOWENSTEIN and LAURA DENVIR STITH, JJ.

*ORDER*

PER CURIAM.

From the denial after evidentiary hearing of a Rule 24.035 motion, the Movant alleges: 1) his plea to first degree assault was the result of ineffective assistance of counsel for failure to investigate; and 2) the plea court erred in not establishing a sufficient factual basis for the assault pursuant to Rule 24.02(e).

The judgment is affirmed. Rule 84.16(b).
Exhibit 32.2





CERTIFICATION PURSUANT TO 18 U.S.C. §1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the annual report of NovaBay Pharmaceuticals, Inc. (the “Company”) on Form 10-Q for the quarter ended September 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Thomas J. Paulson, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
§1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of 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: November 12, 2009














/s/ Thomas Paulson


__________________________________________


Thomas J. Paulson


Chief Financial Officer and Treasurer








This Certification is made solely for the purpose of 18 USC Section 1350, subject to the knowledge standard contained therein, and not for any other purpose.
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, 

 Criminal No: 09-CR-20353 

v. Hon. Patrick J. Duggan 

D-5 JAVIER GONZALEZ-LOZA, 

 Defendant. 

________________________________/ 

GERALD K. EVELYN (P29182) 

Attorney for Defendant Gonzalez-Loza 

535 Griswold, Suite 1030 

Detroit, MI 48226 

(313) 962-3500 

geraldevelyn@yahoo.com 

________________________________________________________________________ 

ORDER ALLOWING SPANISH INTERPRETER TO VISIT DEFENDANT JAVIER 

GONZALEZ-LOZA IN ST. CLAIR COUNTY JAIL 

At a session of said court held in the United States District 

Courthouse in the City of Detroit, 

County of Wayne, 

State of Michigan on June 13, 2011. 

PRESENT: Honorable Patrick J. Duggan 

 Pursuant to the stipulation of the parties: 

 IT IS HEREBY ORDERED that a Spanish Interpreter shall be permitted to visit the St. 

Clair County Jail with Attorney Gerald Evelyn for the purposes of translating a discussion 

between Attorney Evelyn and Defendant Javier Gonzalez-Loza. We have contacted Pallero 

Translations for these services and either Sara P. Pallero-Luiso, Oscar Luiso or any other 

interpreter from Pallero Translations will be assisting in the attorney/client visit. 

Case 2:09-cr-20353-PJD-MKM ECF No. 145, PageID.565 Filed 06/13/11 Page 1 of 2
 IT IS SO ORDERED. 

 

 s/Patrick J. Duggan 

 Patrick J. Duggan 

 United States District Judge 

Dated: June 13, 2011 

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

June 13, 2011, by electronic and or ordinary mail. 

 s/Marilyn Orem 

 Case Manager 

 APPROVED AS TO FORM AND SUBSTANCE: 

 

 /s/ Terrence R. Haugabook s/ Gerald K. Evelyn 

TERRENCE R. HAUGABOOK(P44554) 

Assistant United States Attorney 

**with consent of 6/13/2011** 

 GERALD K. EVELYN (P29182) 

 Attorney for Defendant Gonzalez-Loza 

 

 

Dated: June 13, 2011 

 

Case 2:09-cr-20353-PJD-MKM ECF No. 145, PageID.566 Filed 06/13/11 Page 2 of 2
#### Vicki L. FITCH, Appellant, v. TEXACO REFINING AND MARKETING, INC., Warren R. Fish, Respondents.

No. WD 50090.

Missouri Court of Appeals, Western District.

Sept. 26, 1995.

Motion for Rehearing and/or Transfer to Supreme Court Denied Oct. 31, 1995.

*839Don Roberson, Kansas City, for appellant.

Jeffrey Alan Burns, Kansas City, for respondents.

Before HANNA, P.J., and BERREY and SPINDEN, JJ.

ORDER

PER CURIAM:

Fitch appeals from an entry of summary judgment in favor of Texaco, based on the circuit court’s finding that her second lawsuit against Texaco and one of its employees was barred by principles of *res judicata.*Affirmed. Rule 84.16(b).
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 Tag Events Corp. (the "Company") on
Form 10-QSB for the period ended March 31, 2008 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), the undersigned, in
the capacities and on the dates indicated below, hereby certifies pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to his 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: February 14, 2008


/s/ Crescent Liu
----------------------------------
Crescent Liu, President and C.E.O.
(Principal Executive Officer)


/s/ Artiom Balykin
----------------------------------
Artiom Balykin
Principal Financial Officer
Principal Accounting Officer
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-12003-PJD-VMM Doc # 38 Filed 02/02/10 Pg 1 of 1 Pg ID 456
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 91-6037

 

FRANCES S. HODGES,

Plaintiff-Appellant,

versus

DELTA AIRLINES, INC.,

Defendant-Appellee.

- - - - -

Appeal from the United States District Court for the

Southern District of Texas

- - - - -

ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC

(Opinion October 10, 1993, 5 Cir., 1993, _____F.3d,____)

(January 12, 1994)

Before POLITZ, Chief Judge, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS,

JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA,

and DeMOSS, Circuit Judges.*

BY THE COURT:

A member of the Court in active service having requested

a poll on the suggestion for rehearing en banc and a majority of

the judges in active service having voted in favor of granting a

rehearing en banc,

IT IS ORDERED that this cause shall be reheard by the

Court en banc with oral argument on a date hereafter to be fixed. 

The Clerk will specify a briefing schedule for the filing of

supplemental briefs.
 

*Judge King is recused, and therefore did not participate in 

 this decision.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 91-6070

 

CHARLES E. GENE SMITH and

JOAN SMITH, ET AL.,

Plaintiffs-Appellants,

versus

AMERICA WEST AIRLINES, INC.,

and CONNIE LYNN WEAVER,

Defendants-Appellees.

- - - - -

Appeal from the United States District Court for the

Southern District of Texas

- - - - -

ON SUGGESTION FOR REHEARING EN BANC

(Opinion October 10, 1993, 5 Cir., 1993, _____F.3d,____)

(January 12, 1994)

Before POLITZ, Chief Judge, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS,

JONES, SMITH, DUHÉ, WIENER, BARKSDALE, EMILIO M. GARZA,

and DeMOSS, Circuit Judges.*

BY THE COURT:

A member of the Court in active service having requested

a poll on the suggestion for rehearing en banc and a majority of

the judges in active service having voted in favor of granting a

rehearing en banc,

IT IS ORDERED that this cause shall be reheard by the

Court en banc with oral argument on a date hereafter to be fixed. 

The Clerk will specify a briefing schedule for the filing of

supplemental briefs.
 

*Judge King is recused, and therefore did not participate in

 this decision.
[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Notices]
[Pages 31119-31120]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15491]



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

FEDERAL TRADE COMMISSION
[Docket No. C-3618]


Local Health System, Inc., et al.; Prohibited Trade Practices, 
and Affirmative Corrective Actions

AGENCY: Federal Trade Commission.

ACTION: Consent order.

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

SUMMARY: In settlement of alleged violations of federal law prohibiting 
unfair or deceptive acts or practices and unfair methods of 
competition, this consent order, among other things, prohibits the 
merger of the two largest hospitals in St. Clair County, Michigan, and 
requires the respondents, for three years, to notify the Commission or 
obtain Commission approval before acquiring certain hospital assets in 
the Port of Huron area.

DATES: Complaint and Order issued October 3, 1995.\1\
---------------------------------------------------------------------------

    \1\ Copies of the Complaint, the Decision and Order, and 
Commissioner Azcuenaga's statement are available from the 
Commission's Public Reference Branch, H-130, 6th Street & 
Pennsylvania Avenue, N.W., Washington, D.C. 20580.

FOR FURTHER INFORMATION CONTACT:
Phillip Broyles, Cleveland Regional Office. Federal Trade Commission, 
668 Euclid Ave., Suite 520-A, Cleveland, OH 44114. (216) 522-4207.

SUPPLEMENTARY INFORMATION: On Thursday, August 3, 1995, there was 
published in the Federal Register, 60 FR 39747, a proposed consent 
agreement with analysis In the Matter of Local Health System, Inc., et 
al., for the purpose of soliciting public comment. Interested parties 
were given sixty (60) days in which to submit comments, suggestions or 
objections regarding the proposed form of the order.
    No comments having been received, the Commission has ordered the 
issuance of the complaint in the form contemplated by the agreement, 
made its jurisdictional findings and entered an order to cease and 
desist, as set forth in the proposed consent agreement, in disposition 
of this proceeding.


[[Page 31120]]


(Sec. 6, 38 Stat. 721; 15 U.S.C. 46. Interprets or applies sec. 7, 
38 Stat. 731, as amended; 15 U.S.C. 18)
Donald S. Clark,
Secretary.
[FR Doc. 96-15491 Filed 6-18-96; 8:45 am]
BILLING CODE 6750-01-M
EXHIBIT 32.1

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

In connection  with the Quarterly  Report of ONELIFE  HEALTH  PRODUCTS INC. (the
"Company")  on Form 10-QSB for the period ended May 31, 2007,  as filed with the
Securities  and Exchange  Commission on the date hereof (the  "Report"),  I, Dan
McFarland,  Chief  Executive  Officer of the  Company,  certify,  pursuant to 18
U.S.C.  1350, as adopted  pursuant to Section 906 of the  Sarbanes-Oxley  Act of
2002, that:

The Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and

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


                                     /s/ Dan McFarland
                                     --------------------------
Date: July 11, 2007                  Dan McFarland
                                     Chief Executive Officer
Order entered September 24, 2018

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-18-00746-CV

JEK LENDING, L.L.C., Appellant

V.

ANTELOPE 2001, L.P., Appellee

On Appeal from the 193rd Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-18-03599

ORDER

Before the Court is appellant’s September 20, 2018 unopposed second motion to abate 

appeal or, alternatively, motion for extension of time to file a brief. We GRANT appellant’s 

alternative motion for an extension of time to file a brief and extend the time to October 24, 

2018.

/s/ ADA BROWN 

JUSTICE
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

GREGORY COOK #499719, No. 09-10892

Plaintiff, District Judge Denise Page Hood

v. Magistrate Judge R. Steven Whalen

PATRICIA CARUSO, et al.,

Defendants.

 /

ORDER DENYING PLAINTIFF’S MOTIONS TO COMPEL DISCOVERY

[DOCKET #14] AND TO APPOINT COUNSEL [DOCKET #25]

Plaintiff, a pro se prison inmate in this civil rights action brought under 42 U.S.C.

§1983, has filed a motion to compel discovery and a separate motion for appointment of

counsel. 

Plaintiff’s Motion for Discovery of Information Regarding Civil Defendants to

Perfect Service of Process appears to have been mooted by my April 21, 2010 order

directing marshal’s service. Docket #15. The motion will therefore be denied on the

basis of mootness. 

 Plaintiff’s motion for counsel will likewise be denied. Unlike criminal cases, there

is no constitutional or statutory right to the appointment of counsel in civil cases. Rather, the

Court requests members of the bar to assist in appropriate cases. In Lavado v. Keohane, 992

F.2d 601, 605-606 (6th Cir. 1993), the Sixth Circuit noted that “[a]ppointment of counsel in

a civil case is not a constitutional right. It is a privilege that is justified only by exceptional

circumstances.” (Internal quotations and citations omitted).

It is the practice of this Court to defer any attempt to obtain counsel for pro se civil

rights Plaintiffs until after motions to dismiss or motions for summary judgment have been
denied. On June 17, 2010 Defendants filed a motion for summary judgment based on

Plaintiff’s failure to exhaust his administrative remedies. Docket #29. Until that motion is

decided, the request for counsel is premature.

Accordingly,

IT IS HEREBY ORDERED that Plaintiff’s April 15, 2010 motion for discovery

[Docket #14] and May 28, 2010 motion for appointment of counsel [Docket #25] are

DENIED WITHOUT PREJUDICE. 

s/R. Steven Whalen

R. STEVEN WHALEN

UNITED STATES MAGISTRATE JUDGE

Date: December 20, 2010

______________________________________________________________________

CERTIFICATE OF SERVICE

I hereby certify on December 20, 2010 that I electronically filed the foregoing paper

with the Clerk of the Court sending notification of such filing to all counsel registered

electronically. I hereby certify that a copy of this paper was mailed to the following nonregistered ECF participants on December 20, 2010: Gregory Cook.

s/Michael E. Lang 

Deputy Clerk to 

Magistrate Judge R. Steven Whalen

(313) 234-5217

-2-
FIRST AMENDMENT TO


EMPLOYEE AND DIRECTOR


INCENTIVE RESTRICTED SHARE PLAN OF


AMERICAN REALTY CAPITAL NEW YORK RECOVERY
REIT, INC.


 


WHEREAS, American Realty Capital New
York Recovery REIT, Inc. (the “Company”) maintains the Employee and Director Incentive Restricted Share
Plan of American Realty Capital New York Recovery REIT, Inc. (the “Plan”);


 


WHEREAS, pursuant to Section 9 of the
Plan, the Board of Directors of the Company (the “Board”) may at any time amend the Plan; and


 


WHEREAS, the Company desires to amend
the Plan as set forth herein;


 


NOW, THEREFORE, pursuant to Section
9 of the Plan, effective as of March 31, 2014, the first sentence of Section 3 of the Plan is hereby amended in its entirety to
read as follows:


 


“The total number of Shares that may be issued
under Awards shall not exceed 10.0% of the Company’s outstanding Shares on a fully diluted basis at any time.”


 


IN WITNESS WHEREOF, the Board has approved
the amendment to the Plan as set forth herein and authorized the undersigned officer of the Company to execute this amendment and
the undersigned has caused this amendment to be executed this 31st day of March, 2014.


 


	 	AMERICAN REALTY CAPITAL NEW

YORK RECOVERY REIT, INC.
	 	 	 
	 	By:	/s/ Nicholas S. Schorsch
	 	 	Name: Nicholas S. Schorsch
	 	 	Title: Chief Executive Officer and
	 	 	Chairman of the Board of Directors
<PAGE>
                                                                    EXHIBIT 99.1

                                 [ECHOSTAR LOGO]
                       ECHOSTAR COMMUNICATIONS CORPORATION





March 21, 2001

Securities and Exchange Commission
Washington, DC 20549

RE: Annual Report on Form 10-K for the Year Ended December 31, 2001

Dear Sir or Madam:

Arthur Andersen LLP ("Andersen") has represented to us that the audit of
EchoStar DBS Corporation for the year ended December 31, 2001, was subject to
Andersen's quality control system for the U.S. accounting and auditing practice
to provide reasonable assurance that the engagement was conducted in compliance
with professional standards, that there was appropriate continuity of Andersen
personnel working on audits and availability of national office consultation.
Availability of personnel at foreign affiliates of Andersen is not relevant to
this audit.


                                                Sincerely,


                                                /s/ Michael R. McDonnell


                                                Michael R. McDonnell
                                                Chief Financial Officer






             5701 South Santa Fe Drive o Littleton, Colorado 80120
                   Tel: (303) 723-1000 o Fax: (303) 723-1999
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS AS OF AND FOR THE YEAR ENDED JANUARY 31, 1999
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JAN-31-1999
<PERIOD-START>                             FEB-01-1998
<PERIOD-END>                               JAN-31-1999
<CASH>                                          41,932
<SECURITIES>                                         0
<RECEIVABLES>                                   85,394
<ALLOWANCES>                                     7,065
<INVENTORY>                                    187,567
<CURRENT-ASSETS>                               336,497
<PP&E>                                         225,378
<DEPRECIATION>                                  75,737
<TOTAL-ASSETS>                                 621,435
<CURRENT-LIABILITIES>                          162,248
<BONDS>                                        496,173
<PREFERRED-MANDATORY>                          178,329
<PREFERRED>                                          0
<COMMON>                                           210
<OTHER-SE>                                   (295,656)
<TOTAL-LIABILITY-AND-EQUITY>                   621,435
<SALES>                                        697,421
<TOTAL-REVENUES>                               697,421
<CGS>                                          413,124
<TOTAL-COSTS>                                  413,124
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   396
<INTEREST-EXPENSE>                              39,954
<INCOME-PRETAX>                               (54,678)
<INCOME-TAX>                                    26,800
<INCOME-CONTINUING>                           (82,318)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                (6,460)
<CHANGES>                                            0
<NET-INCOME>                                  (88,778)<F1>
<EPS-PRIMARY>                                   (7.24)
<EPS-DILUTED>                                   (7.24)
<FN>
<F1>NET INCOME (LOSS) IS SHOWN BEFORE SENIOR REDEEMABLE PREFERRED STOCK
DIVIDENDS AND ACCRETION OF SENIOR PREFERRED STOCK DISCOUNT OF $15,632.
</FN>
        

</TABLE>
| (1)   | the      Quarterly Report on Form 10-Q of World Series of Golf, Inc. for the three      months ended June 30, 2008, fully complies with the requirements of      Section 13(a) or 15(d) of the Securities Exchange Act of 1934;      and |
|-----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| (2)   | the      information contained in the Quarterly Report on Form 10-Q for the year      ended June 30, 2008, fairly presents in all material respects, the      financial condition and results of operations of World Series of Golf,      Inc. |
|-----------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    | /s/ Terry      Leiweke                                                |
|--------|---------------------------------------------------------------------------------|
|   |                                                                            |
| Name:  | R.      Terry Leiweke                                                           |
|   |                                                                            |
| Title: | Principal      Executive Officer, Principal      Financial Officer and Director |
|   |                                                                            |
| Date:  | August      14, 2008                                                       |