alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Sonar Technician Surface Second Class John E. KUBITSCHEK, Plaintiff-Appellee, v. John N. CHAFEE, Secretary of the Navy, et *al.,*Defendants-Appellants.

No. 72-2573.

United States Court of Appeals, Ninth Circuit.

Nov. 27, 1972.

Walter H. Fleischer, Michael Kimmel, Attys., Dept, of Justice, Washington, D. C., William D. Keller, U. S. Atty., John L. Guth, Asst. U. S. Atty., Los An-geles, Cal., for defendants-appellants.

Richard P. Fox, Los Angeles, Cal., for plaintiff-appellee.

Before BARNES, MOORE * and ELY, Circuit Judges.

*

 The Honorable Leonard P. Moore, Senior United States Circuit Judge for the Second Circuit, sitting by designation.

PER CURIAM:

Appellants have moved “to dispense with briefing and oral argument, to consolidate with Johnson v. Chafee, No. 72-1654; and to submit for disposition on the record in accordance with the decision of the Court in *Johnson.”*The basis for the motion is that the issue in this case is precisely the same as the issue in Johnson v. Chafee, 469 F.2d 1216, C.A. 9, *viz.,*whether an enlisted man whose voluntary written agreement to extend his enlistment was notarized and signed for. the Navy by a noncommissioned warrant officer (Warrant Officer W-l D. J. Stowe) is entitled to a judicial cancellation of the agreement (after receiving benefits of the agreement) on the ground that it should have been notarized by a commissioned officer.

The only factual difference between this case and *Johnson*is that Johnson received 33 weeks of his requested advance training whereas Kubitschek received all of the one-year training bargained for. This factual difference is not material and does not affect the legal result.

However, in *Kubitschek,*the District Court conditioned its order, releasing Kubitschek, with an amending order that his release from Naval custody be subject to an obligation on his part to fulfill the balance of his active duty obligation, measured from the date he is formally released from the custody of the United States Navy, pursuant to a Court order dated June 15, 1972, in the event that the order is here reversed on appeal.

The motion to dispense with briefing and oral argument and to submit for disposition on the record in accordance with the decision of the Court in Johnson v. Chafee has been granted,1 and upon such *1222submission the judgment of the District Court is reversed for the reasons set forth in our opinion in Johnson v. Cha-fee, filed this day. Under these circumstances, it is unnecessary to consolidate this case with Johnson v. Chafee. Because of the difference required by the judgment with respect to the periods to be served by Johnson and Kubitschek, respectively, it is necessary that separate judgments be entered.

The judgment of the District Court is reversed and it is directed that an appropriate judgment be issued by the District Court to incorporate the terms set forth in the District Court’s amending order.

1

. See order filed October 18, 1972.
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 Q Lotus Holdings, Inc. (the “Company”) on Form 10-Q for the period ended June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Marckensie Theresias, Chief Executive Officer of the Company, certify, 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, as amended; and





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








/s/ Marckensie Theresias


Marckensie Theresias


Chief Executive Officer


August 23, 2010
Exhibit 32.2

CERTIFICATION OF PRESIDENT OF

UNION SECURITY LIFE INSURANCE COMPANY OF NEW YORK

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

§ 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the annual report of Union Security Life Insurance Company of New York (the Company) on Form 10-K for the period ended
December 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Manuel J. Becerra, President of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of
the Sarbanes-Oxley Act of 2002, that, based on 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: March 4, 2009



/s/ Manuel J. BecerraManuel J. BecerraPresident
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than August 20, 2008.

**A. Federal Reserve Bank of Kansas City**                     (Todd Offenbacker, Assistant Vice President) 1 Memorial Drive, Kansas City, Missouri 64198-0001:                

*1. Charles I. Moyer Revocable Trust, Charlotte L. Moyer Family Trust, and Charlotte L. Moyer Marital Trust, Charles I. Moyer*, trustee, all of Phillipsburg, Kansas; C. Bryant Moyer, Topeka, Kansas; Clinton I. Moyer, Borger, Texas, all as members of the Moyer Family Group; and Jaret Moyer,                           ( print page 45771)                        Emporia, Kansas, individually and as a member of the Moyer Family Group; to acquire control of Woodbine Agency, Inc., and thereby indirectly acquire control of The Citizens State Bank and Trust Company, both in Woodbine, Kansas.                

Board of Governors of the Federal Reserve System, July 31, 2008.

Robert deV. Frierson,

Deputy Secretary of the Board.

[FR Doc. E8-18049 Filed 8-5-08; 8:45 am]

BILLING CODE 6210-01-S
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

MARK A. BOUSSUM, #160825,

BENJAMIN PLATT, #407754,

and KENNETH HARRISON, #173108,

Plaintiffs, Case No. 09-12929

Hon. Marianne O. Battani

v.

 

D. SCUTT, K. RYAN, B. GARDON, 

L. McMILLAN, G. JOHNSON,

F. VAN GOETHEM, H. ELUM,

JENNIFER GRANHOLM and

PATRICIA L. CARUSO,

Defendants.

____________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION 

Plaintiffs Mark Boussum, Ben Platt and Kenneth Harrison bring this civil action

pursuant to 42 U.S.C. § 1983 challenging the constitutionality of various conditions of their

confinement at the G. Robert Cotton Correctional Facility in Jackson, Michigan. The case

was referred to Magistrate Judge Mark A. Randon for all pretrial proceedings. See, 28

U.S.C. § 636(b)(1); (Doc. 15).

On October 8, 2010, the Magistrate Judge recommended that the Court grant

Defendant Van Goethem’s Motion to Dismiss (Doc. No. 29), grant the remaining

Defendants’ Motion for Dismissal (Doc. 39), and dismiss Plaintiffs’ complaint without

prejudice. (Doc. 41). The Magistrate Judge informed the parties that objections to the

R&R must be filed within fourteen days of service and that a party’s failure to file objections

would waive any further right of appeal. See (Doc. 41 at 9); 28 U.S.C. § 636(b)(1) and E.D.
2

Mich. LR 72.1(d)(2); Thomas v. Arn, 474 U.S. 140 (1985).

Because no objection has been filed in this case, the parties waived their right to

review and appeal. Accordingly, the Court ADOPTS the Report and Recommendation,

GRANTS Defendants’ motions to dismiss, and DISMISSES Plaintiff’s Complaint without

prejudice. 

IT IS SO ORDERED.

 s/Marianne O. Battani 

MARIANNE O. BATTANI

 UNITED STATES DISTRICT JUDGE

DATED: November 3, 2010

CERTIFICATE OF SERVICE

Copies of this Order were mailed to Plaintiff and counsel of record on this date by

ordinary mail and/or electronic filing.

s/Bernadette M. Thebolt 

Case Manager
EX-4.15



 Exhibit 4.15 

JOINDER AGREEMENT 
 November 22, 2013 

Delhaize Group 
 Square Marie Curie 40 

1070 Brussels 
 Belgium 

Attention: Chief Financial Officer 
 Ladies and Gentlemen: 

Reference is made to that certain cross-guarantee agreement, dated as of May 21, 2007 (as amended, supplemented or otherwise modified from
time to time, the “Cross-Guarantee Agreement”), by and among Delhaize Group, a limited liability company (“société anonyme”) organized under the laws of the Kingdom of Belgium
(“Delhaize Group”), Delhaize America, LLC, a limited liability company wholly-owned by Delhaize Group organized under the laws of the State of North Carolina (“Delhaize America”), and the other
wholly-owned Subsidiaries of Delhaize Group signatory thereto or that have become a party thereto (collectively with Delhaize Group and Delhaize America, the “Guarantors” and individually, a
“Guarantor”). 
 Capitalized terms used but not defined herein shall have the meanings assigned to such terms in the
Cross-Guarantee Agreement. 
 This letter supplements the Cross-Guarantee Agreement and is delivered by the undersigned, Progressive
Distributors, Inc. (the “New Guarantor”), pursuant to Section 12.1 of the Cross-Guarantee Agreement. The New Guarantor hereby agrees to be bound as a Guarantor by all of the terms, covenants and conditions set forth in
the Cross-Guarantee Agreement as of November 22, 2013. Without limiting the foregoing, the New Guarantor hereby makes each of the representations and warranties and agrees to each of the covenants applicable to Guarantors contained in the
Cross-Guarantee Agreement. 
 THIS LETTER SHALL BE GOVERNED BY, AND SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH, THE LAW OF THE STATE
OF NEW YORK. 
 IN WITNESS WHEREOF, the New Guarantor has caused this letter to be executed and delivered by its duly authorized officer as
of the date first above written. 
  

					
	PROGRESSIVE DISTRIBUTORS, INC.
		
	By:	 	/s/ Elting H. Smith
		 	Name:	 	Elting H. Smith
		 	Title:	 	Secretary
Supreme Court of the United States

Office of the Clerk

Washington, DC 20543-0001

William K. Suter

Clerk of the Court

(202) 479-3011 January 9, 2012

Clerk FILED

United States Court of Appeals for the Sixth Circuit JAN 11 524 Potter Stewart Courthouse

100 East Fifth Street LEONARD GREEN, CerI Cincinnati, OH 45202

Re: Demetrius Edward Flenory

v. United States

No. 11-849

(Your No. 10-1214)

Dear Clerk:

The petition for a writ of certiorari in the above entitled case was filed on

August 22, 2011 and placed on the docket January 9, 2012 as No. 11-849.

Sincerely,

William K. Suter, Clerk

by

Jeffrey Atkins

Supervisor-Case Analyst Division

Case 2:09-cv-13459-AC ECF No. 1, PageID.1 Filed 01/11/12 Page 1 of 1 Case: 10-1214 Document: 006111180502 Filed: 01/11/2012 Page: 1
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





The undersigned, the President and Chief Executive Officer of Tongji Healthcare Group, Inc. (the "Company"), does hereby certify under the standards set forth and solely for the purposes of 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 the Company for the quarter ended  September 30, 2010 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in that Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.





Dated: November 15, 2010



/s/ Yunhui YuYunhui Yu

Ptresident and Chief Executive Officer
EXHIBIT 32.1

                  CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND
                        ACTING CHIEF FINANCIAL OFFICER OF
                                AVRO ENERGY INC.
            FORM 10-Q FOR THE THREE MONTH PERIOD ENDED MARCH 31, 2009
                 PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED
            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Mike P. Kurtanjek , am the Chief Executive Officer and acting Chief Financial
Officer  of Avro  Energy  Inc.,  a  Nevada  corporation  (the  "Company").  I am
delivering this certificate in connection with the Quarterly Report on Form 10-Q
of the Company for the  three-month  period  ended March 31, 2009 and filed with
the Securities and Exchange Commission ("Quarterly Report").

Pursuant to 18 U.S.C.  Section 1350,  as adopted  pursuant to Section 906 of the
Sarbanes-Oxley  Act of 2002, I hereby certify that, to the best of my knowledge,
the Quarterly  Report fully complies with the  requirements  of Section 13(a) or
Section 15(d) of the  Securities  Exchange Act of 1934 and that the  information
contained in the Quarterly Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.

Date: May 6, 2009

                                     By: /s/ Mike P. Kurtanjek
                                        ----------------------------------------
                                        MIKE P. KURTANJEK
                                        Chief Executive Officer, President,
                                        acting Chief Financial Officer,
                                        acting Principal Accounting Officer
                                        and Director
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 21
-0465 STATE OF MONTANA,

Plaintiff and Appellee, v. THOMAS RALPH BRISTOW,

Defendant and Appellant.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including December 27, 2022, within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

November 18 2022

11/18/2022

Case Number: DA 21-0465
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________ No. 1D 19

- 2128

_____________________________ D ERRICK W ALKER , Petitioner ,

v.
P ROGRESSIVE S ELECT I NSURANCE C O

. , Respondent

.

_____________________________

Petition for Writ of Prohibition

— Original Jurisdiction

.

September 11, 2019

P ER C URIAM

. The petition for writ of prohibition is denied on the merits

. R OWE , O STERHAUS , and K ELSEY , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Derrick Walker, pro se , Petitioner

. No appearance for Respondent

.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: Richard Calvert and Melissa Calvert Morris v. Deborah 

Calvert Crawley, Robert D. Calvert, Jr., and Laura Calvert 

Bates

Appellate case number: 01-20-00105-CV

Trial court case number: 271290-403

Trial court: County Probate Court No. 4 of Harris County

Appellants, Richard Calvert and Melissa Calvert Morris, timely filed their notice of 

appeal on January 29, 2020. Appellants’ filing date established a deadline of February 12, 

2020, for any other party wishing to file a notice of appeal. On February 20, 2020, 

appellees/cross-appellants, Deborah Calvert Crawley, Robert D. Calvert, Jr., and Laura 

Calvert Bates, filed their “Notice of Conditional Cross-Appeal.” On March 31, 2020, the 

Clerk of this Court notified appellees/cross-appellants that the cross-appeal was subject to 

dismissal for want of jurisdiction because the notice of conditional cross-appeal did not 

appear to be timely filed. Appellees/cross-appellants responded with a “Motion to Extend 

Time to File Notice of Conditional Cross-Appeal,” in which they provide a reasonable 

explanation for the failure to file the notice of cross-appeal timely.1 See TEX. R. APP. P.

10.5(b)(1)(C), 26.3; see also Jones v. City of Houston, 976 S.W.2d 676, 677 (Tex. 1996) 

(explaining, although motion for extension is implied, appellant must provide reasonable 

explanation for failing to file notice of appeal timely). Accordingly, we grant

appellees’/cross-appellants’ “Motion to Extend Time to File Notice of Conditional CrossAppeal.”

1 A motion for extension of time to file a notice of appeal is implied when a party, acting in 

good faith, files a notice of appeal beyond the time allowed by rule 26.1, but within the 

fifteen-day extension period provided by rule 26.3. See TEX.R. APP. P. 26.1, 26.3; Verburgt 

v. Dorner, 959 S.W.2d 615, 617–18 (Tex. 1997).
Appellees/cross-appellants have also filed a “Motion for Leave to Assert CrossAppeal Points in the Appellee[s’] Brief.” The motion is denied. Cross-Appellants’ brief, 

if any, is due 30 days from the date of this order.

It is so ORDERED.

Judge’s signature: _______/s/ Evelyn V. Keyes_____

  Acting individually  Acting for the Court

Date: ___April 14, 2020____
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN

Summons in a Civil Case

Micah Fialka-Feldman,

Plaintiff(s),
v. Case No. 2:08-cv-14922-PJD-VMM
Hon. Patrick J Duggan
Oakland University Board of
Trustees,
Defendant(s).

Notice to Defendant Oakland University Board of Trustees

This summons is notification that you are being sued by the above named plaintiff(s). You are
required to:

1. Serve upon the plaintiff's attorney:

Chris E. Davis

29200 Vassar Boulevard
Suite 200

Livonia, MI

48152-2116

an answer to the complaint within twenty (20) days after receiving this summons, or
take other actions that are permitted by the Federal Rules of Civil Procedure.

2. File with the court any answer that you serve on the parties to this action within the time
limits specified.

Failure to answer or take other actions permitted by the Federal Rules of Civil Procedure may

result in the issuance of a judgment by default against you for the relief demanded in the
complaint.

David J. Weaver, Clerk of Court By: h
Deputy Clerk

Date of Issuance: November 25, 2008



Summons and Complaint Return of Service

Case No, 2:08-cv-14922-PJD-VMM
Hon. Patrick J Duggan

A copy of the Summons and Complaint has been served upon the Defendant in the manner
indicated below:
Name of Defendant Served: Oakland University Board of Trustees

Date of Service: December 1, 2008

Method of Service

__— Personally served at this address:

____ Left copies at defendant's usual place of abode with (name of person):

_X_ Other (specify): .
United States Postal Service Certified Mail
Article Number 7007 0220 0001 3922 4692

——— Returned unexecuted (reason):

Service Fees: Travel §, Service §. Total $.

Declaration of Server

| declare under the penalty of perjury that the information contained in this Return of Service is
true and correct.

Name of Server: Daniel S. Cooper
Signature of Server: y wu S Lp
Date: December 2, 2008
Server's Address: 29200 Vassar, Ste. 200

Livonia, MI 48152



U.S. Postal Service 1
CERTIFIED MAIL». RECEIPT

(Domestic Mail Only; No Insurance Coverage Provided)

Postage

Cettified Fee

Return Receipt Fee
(Endorsement Required)

Restricted Delivery Fee
(Endorsement Required)

Total Postage & Fees

7007 Of20 0001 3422 4bie

See Reverse for Instructions

PS Form 3800, August 2006

COMPLETE THIS SECTION ON DELIVERY

SENDER: COMPLETE THIS SECTION

® Complete items 1, 2, and 3. Also complete .
item 4 if Restricted Delivery is desired. x Agent
TM Print your name and address on the reverse C Addressee
‘so that we can return the card to you. ©. Dale of pelivery
TM@ Attach this card to the back of the mailpiece, PS
or on the front if space permits. / d 3
- Dhtes
1. Article Addressed to: No
w ~
VicroR ZAMBaRDI REPEIV A
OAKLAND UNIV. GENERAL OWT 02 2008 Ss)
Counséh S
2OZB WILSON HALS 3. Service Type Corns
1 Certified Mail 1 Express Mail
ROCHESTE R, M\ 48309 Ci Registered  O Return Receipt for Merchandise
Oinsured Mail 16.0.0.
4, Restricted Delivery? (Extra Fee) O Yes
pal sac Mapa! 7007 O20 O001 3422 4b42

(Transfer from service label)
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
#### Alice W. Smith, as Administratrix, etc., of Clark M. Smith, Deceased, Respondent, v. United States Casualty Company, Appellant.

Judgment and order unanimously affirmed, with costs.
Exhibit 32.1




CERTIFICATION
OF CHIEF EXECUTIVE OFFICER




I, Carl
Oberg, President and Chief Executive Officer of Classic Costume Company,
Inc.,  (the “Registrant”), do hereby certify in accordance with 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that, based on my knowledge:




(1)    the
Quarterly Report on Form 10-Q of the Registrant, to which this certification is
attached as an exhibit (the “Report”), fully complies with the requirements of
Section 13(a) 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
Registrant.




Dated:
May 16, 2008




/s/
      Carl Oberg
              Carl
      ObergPresident
      and Chief Executive Officer(Principal
      Executive Officer)
EXHIBIT 23.1
------------






                             CONSENT OF KPMG LLP





The Board of Trustees
AMLI Residential Properties Trust:


We consent to incorporation by reference in the registration statements
(Nos. 333-65503 and 33-57327) on Form S-3 of AMLI Residential Properties
Trust of our report dated February 23, 1999, relating to the consolidated
balance sheets of AMLI Residential Properties Trust as of December 31, 1998
and 1997, and the related consolidated statements of operations, changes in
shareholders' equity and cash flows for each of the years in the three-year
period ended December 31, 1998, and the related schedule, which report
appears in the December 31, 1998 annual report on Form 10-K of AMLI
Residential Properties Trust.








                              KPMG LLP



Chicago, Illinois
March 19, 1999