alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CLIFTON CREWS HOYT 

V. 

THE STATE OF TEXAS 

NO.03-14-00454-CR 

INTHE 

THIRD COURT OF APPEALS 

AUSTIN, TEXAS 

STATE'S SECOND MOTION FOR EXTENSION OF TIME TO FILE BRIEF 

TO THE HONORABLE FIRST COURT OF APPEALS: 

NOW COMES the State of Texas, Appellee in the above entitled and numbered 

cause and files this Motion for Extension of Time to File Appellee's Brief, and in support 

thereof would show the Court the following: 

I. 

Appellant was found guilty of Driving While Intoxicated, 3rd or more, a Third 

Degree felony enhanced to a Second Degree felony, and the Judge assessed 

punishment at 12 years confinement in the Texas Department of Criminal Justice on June 

11, 2014. Appellant filed a Notice of Appeal on July 22, 2014. Appellant's brief was filed 

on November 20,2014. The State's brief is currently due on December 22,2014. 

II. 

The State has previously requested an extension in this case which was granted 

by the Court on December 19, 2014. 

III. 

The State requests this extension of time due to the following: Counsel for the 

State was out of the office for two weeks from December 20, 2012 to January 4,2015 for 

vacation and holiday time. Additionally, Counsel for the State has been involved in 

prosecution of cases including preparation for contested hearing, pretrial hearings, grand 

jury case review, negotiations with opposing counsel, guilty pleas and other hearings in 

additional pending felony cases. 

ACCEPTED

03-14-00454-CR

3867091

THIRD COURT OF APPEALS

AUSTIN, TEXAS

1/22/2015 3:47:33 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 1/22/2015 3:47:33 PM JEFFREY D. KYLE Clerk
WHEREFORE, The Attorney for the State requests an extension of thirty (30) days 

to February, 22, 2015, in which to file State's Brief. 

Respectfully submitted, 

L------_~~ 

Richard Villarreal 

Assistant District Attorney 

51 st Judicial District 

124 W. Beauregard, Suite B 

San Angelo, TX 76903 

(325) 659-6583 

State Bar No. 00797602 

SWORN TO AND SUBSCRIBED before me by the said Richard Villarreal, this 

19th day of January, A. D. 2015. 

,t~t~?f.ZZ;'~ CHRISTINE GEORGE ~~1~f~ Notory Public, State of Texas 

;or::.·.~.··~i My Commission Expires 

~Z'J,:?I~I~~* June 28, 2016 

Notary 

~~,;L~ Public 

State of Texas 

CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of the foregoing Motion for Extension 

of Time to File Appellee's Brief was this 19th day of January, 2015, delivered to John 

Thomas Floyd III and Christopher M. Choate, Attorneys for Appellant, through e-file 

.txcourts.gov 

( 

Richard Villarreal
C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: In re Nephrology Leaders and Associates, PLLC and Mohammed Atiq Dada, MD

Appellate case number: 01

- 19

- 00841

- CV

Trial court case number: 2017

- 21479

Trial court: 190th District Court of Harris County

Relators, Nephrology Leaders and Associates and M ohammed Atiq Dada, have filed a petition for writ of mandamus challenging various portions of two orders issued on August 7, 2019: (1) the trial court’s “Order R egarding Parties’ Claim of Privilege and Determination of Relevance” and (2) the trial court’s “Order on Outstanding Discovery Issues.” The Court requests that real parties in interest file a response to the petition for writ of mandamus by December 2,

201 9

.
It is so ORDERED.

Judge’s signature:

___

/s/ Sarah B. Landau

_

Acting individually

Date: ____ October 31, 2019

___
Exhibit 99.36


          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 GCI, Inc. (the "Company") on Form
10-Q for the period ended June 30, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Ronald A. Duncan,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted pursuant to ss. 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.


Date:  August 14, 2002                 /s/ Ronald A. Duncan
                                       Ronald A. Duncan
                                       Chief Executive Officer
                                       GCI, Inc.




                                       1
<PAGE>
          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 GCI, Inc. (the "Company") on Form
10-Q for the period ended June 30, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, John M. Lowber, Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to ss. 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.



Date:  August 14, 2002                 /s/ John M. Lowber
                                       John M. Lowber
                                       Chief Financial Officer
                                       GCI, Inc.




                                       2
**Annual
      Statement of Compliance**





VIA:
      EMAIL





Merrill
      Lynch Mortgage Investors, Inc.


250
      Vesey
      Street


4
      World
      Financial Center, 10th Floor


New
      York,
      New York 10080





Wilshire
      Credit Corporation


14523
      SW
      Millikan Way


Suite
      200


Beaverton,
      Oregon 97005





Attention:
      Merrill Lynch Mortgage Investors Trust, Series 2006-RM1





Re:
      Pooling and Servicing Agreement (the "Agreement") dated as of March 1, 2006
      among Merrill Lynch Mortgage Investors, Inc., as depositor, Wilshire Credit
      Corporation, as servicer and LaSalle Bank National Association, as trustee,
      relating to Merrill Lynch Mortgage Investors Trust, Mortgage Loan Asset-Backed
      Certificates, Series 2006-RM1





I,
      Barbara L. Marik, a First Vice President of LaSalle Bank National Association,
      as Trustee hereby certify that:





(1)
      A
      review of the activities of the Trustee during the preceding calendar year
      and
      of the performance of the Trustee under the Agreement has been made under my
      supervision; and





(2)
      To
      the best of my knowledge, based on such review, the Trustee has fulfilled all
      its obligations under the Agreement in all material respects throughout such
      year or a portion thereof.











Date: February
      1, 2007








LaSalle
      Bank National Association, as Trustee








/s/
      Barbara L Marik


Barbara
      L. Marik


First
      Vice President
**Exhibit 10.15**

**RIVERBED TECHNOLOGY, INC.**

**AMENDMENT TO RIVERBED TECHNOLOGY, INC. MANAGEMENT BONUS PLAN**

This Amendment to the Riverbed Technology, Inc. Management Bonus Plan (the ***“Plan”***) by Riverbed Technology,Inc. (the ***“Company”)*** is effective December 15, 2008. 

**WHEREAS****,** the Company originally adoptedthe Plan effective as of May 29, 2007 to motivate participants to achieve excellent shot and long term financial performance of the Company; and 

**WHEREAS****,******the Company desires to amend certain provisions of the Plan in order to come into documentary compliance with Section 409A of the Internal Revenue Code of 1986, as amended (the***“Code”***), and any final regulations and official guidance promulgated thereunder (together, ***“Section 409A”***) so as to avoid the imposition of the additional tax imposed under Section 409A, as setforth below. 

**NOW, THEREFORE,** the Plan is hereby amended as follows: 

1. Timing of Payment. The Plan is hereby amended by replacing the existing Section 4.2 in its entirety with the following new Section 4.2to provide as follows: 

“4.2 Timing of Payment. Subject toSection 3.5, payment of each Actual Award shall be made as soon as administratively practicable, as determined in the sole discretion of the Company, but in no event later than the 15th day of the 3rd month after the end of the applicable Performance Period or Progress Period.”

*2.*Section 409A. The Plan is hereby amended by adding the following new Section 8.6 to provide as follows:

“8.6 Section 409A. It is intended that this Plan comply with the requirements of Section 409A of the Internal RevenueCode of 986, as amended, and the final regulations and other official guidance thereunder (“Section 409A”) so that none of the payments hereunder will be subject to the additional tax imposed under Section 409A, and any ambiguitiesherein will be interpreted to so comply.” 

3. Full Force and Effect. To the extent not expressly amended hereby, the Plan shallremain in full force and effect. 

4. Successors and Assigns. This Amendment and the rights and obligations of the parties hereundershall inure to the benefit of, and be binding upon, their respective successors, assigns, and legal representatives. 

5. GoverningLaw. This Amendment will be governed by the laws of the State of California (with the exception of its conflict of laws provisions). 

*******(signature page to follow)*******

**IN WITNESS WHEREOF,**the Company executedthis Amendment this 15th day of December 2008, effective as of the date first set forth above. 

 
ATTEST: 
 
 By: 
/s/ Randy S. Gottfried
   Randy S. Gottfried  Title: Chief Financial Officer
C OURT OF A PPEALS FOR THE
F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Stella D. Carlos Salmeron v. Felipe De Jesus Garcia Santacruz

Appellate case number: 01

- 19

- 00087

- CV

Trial court case number: 1117543

Trial court: Co unty Civil C our t at Law No

. 2 of Harris County

The clerk’s record indicates that in September 2018 appellant Stella D. Carlos Salmeron filed in the trial court a statement of inability to afford payment of court costs. This complies with

Rule 145. See T EX

. R. C IV

. P. 145(a). When a party files a statement of i nability in the trial court, that party cannot be required to pay costs except by order of the court. See id. The clerk’s record contains no order requiring appellant to pay costs.

Fees charged for preparation o f the appellate record are governed by Rule 145. See T EX

. R. A PP

. P. 20.1(a). Because appellant filed a statement of inability in the trial court and the trial court did not sign an order requiring her to pay court costs, she is not required to pay costs f or the appellate record. Moreover, appellant is not required to pay appellate filing fees. See T EX

. R. A PP

. P. 20.1(a),(b) (party who filed statement of inability in trial court is not required to pay appellate

court costs unless trial court overruled that party’s claim of indigence in an order under Rule of Civil Procedure 145).

I t is so ORDERED.

Judge’s signature:

__

/s/ Justice Peter Kelly

_____________________  Acting individually  Acting for the Court

Date: __ February 12, 2019

___
<PAGE>

                                                                    EXHIBIT 23.2

                    CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


As independent public accountants, we hereby consent to the incorporation of our
report dated June 28, 1999 included in this Form 10-KSB, into the Company's
previously filed Registration Statement File No. 333-62255. It should be noted
that we have not audited any financial statements of the Company subsequent to
March 31, 1999 or performed any audit procedures subsequent to the date of our
report.


/s/  ARTHUR ANDERSEN LLP

ARTHUR ANDERSEN LLP


Los Angeles, California
June 22, 2000
[Federal Register Volume 73, Number 162 (Wednesday, August 20, 2008)]
[Notices]
[Page 49160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-19301]


=======================================================================
-----------------------------------------------------------------------

COMMISSION ON CIVIL RIGHTS


Agenda and Notice of Public Meeting of the Florida Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights (Commission) and the 
Federal Advisory Committee Act (FACA), that a meeting of the Florida 
Advisory Committee to the U.S. Commission on Civil Rights will convene 
at 1 p.m. and adjourn at 5 p.m. on Thursday, September 11, 2008, at the 
Diplomat Hotel, 501 Diplomat Parkway, Miami, FL 33009. A first purpose 
of the meeting is for the Committee to receive briefings on religious 
discrimination and the Federal Housing Assistance Program. A second 
purpose is for the Committee to plan activities regarding a civil 
rights project for 2009.
    Members of the public are entitled to submit written comments; the 
comments must be received in the Southern Regional Office by September 
30, 2008. The address is 61 Forsyth St., SW., Suite 18T40, Atlanta, GA 
30303. Persons wishing to e-mail comments may do so to 
<a href="/cdn-cgi/l/email-protection#c1b1aca8afa0b3a8aa81b4b2a2a2b3efa6aeb7"><span class="__cf_email__" data-cfemail="1e6e7377707f6c77755e6b6d7d7d6c30797168">[email protected]</span></a>. Persons who desire additional information should 
contact Peter Minarik, Regional Director, Southern Regional Office, 
U.S. Commission on Civil Rights at 404-562-7000 (or for the hearing 
impaired, TDD 202-376-8116). Hearing-impaired persons who will attend 
the meeting and require the services of a sign language interpreter 
should contact the Regional Office at least ten (10) working days 
before the scheduled date of the meeting.
    Records generated from this meeting may be inspected and reproduced 
at the Southern Regional Office as they become available, both before 
and after the meeting. Persons interested in the work of this advisory 
committee are advised to go to the Commission's Web site, http://www.usccr.gov, or to contact the Southern regional Office at the above 
e-mail or street address.
    The meeting will be conducted pursuant to the provisions of the 
rules and regulations of the Commission and FACA.

    Dated in Washington, DC, August 15, 2008.
Christopher Byrnes,
Chief, Regional Programs Coordination Unit.
[FR Doc. E8-19301 Filed 8-19-08; 8:45 am]
BILLING CODE 6335-01-P


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EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL 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 Annual Report on Form 10-K of Riverbed Technology, Inc. for the year ended December 31, 2009 as filed with the Securities
and Exchange Commission on the date hereof, Jerry M. Kennelly, as President, and Chief Executive Officer, and Randy S. Gottfried, as Chief Financial Officer, each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:



|1. | The Annual Report on Form 10-K 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 Annual Report on Form 10-K fairly presents, in all material respects, the financial condition and results of operations of Riverbed Technology,
Inc.
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                        |  |                                             
|----------------------- |  | --------------------------------------------
|Date: February 11, 2010 |  | /s/ JERRY M. KENNELLY                       
|                        |  | Jerry M. Kennelly                           
|                        |  | President and Chief Executive Officer       
|                        |  | (Principal Executive Officer)               
|                        | 
|Date: February 11, 2010 |  | /s/ RANDY S. GOTTFRIED                      
|                        |  | Randy S. Gottfried                          
|                        |  | Chief Financial Officer                     
|                        |  | (Principal Financial and Accounting Officer)

A signed
original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to Riverbed Technology, Inc. and will be retained by Riverbed Technology, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

ERIC MALONE,

Plaintiff-Appellant

v.

UNITED STATES,

Defendant-Appellee

______________________

2022-2274

______________________

Appeal from the United States Court of Federal Claims 

in No. 1:22-cv-00049-ZNS, Judge Zachary N. Somers.

______________________

ON MOTION

______________________

Before DYK, REYNA, and CHEN, Circuit Judges.

PER CURIAM.

O R D E R

In response to the court’s December 8, 2022, order to 

show cause, the United States urges dismissal of this appeal as untimely. Eric Malone opposes dismissal and 

moves for leave to proceed in forma pauperis. 

On February 14, 2022, the United States Court of Federal Claims dismissed Mr. Malone’s case. On September 

Case: 22-2274 Document: 24 Page: 1 Filed: 02/28/2023
2 MALONE v. US

26, 2022, the Court of Federal Claims received Mr. 

Malone’s notice of appeal from that dismissal. To be

timely, a notice of appeal must be received by the Court of 

Federal Claims within 60 days of the entry of judgment. 

See 28 U.S.C. § 2522; 28 U.S.C. § 2107(b). The statutory 

deadline for taking an appeal from the Court of Federal 

Claims is mandatory and jurisdictional. See Marandola v. 

United States, 518 F.3d 913, 914 (Fed. Cir. 2008). Because 

Mr. Malone’s appeal was received more than 60 days after 

the judgment, we must dismiss for lack of jurisdiction.*

Accordingly,

IT IS ORDERED THAT:

(1) The appeal is dismissed.

(2) All pending motions are denied as moot.

February 28, 2023

Date

FOR THE COURT

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

* Even if judgment had to be entered by separate 

document under Rule 58 of the Rules of the Court of Federal Claims (“RCFC”), and even if no such separate document was entered, Mr. Malone did not file his notice of 

appeal within 210 days from entry of the order dismissing 

the complaint (150 days from RCFC 58(c)(2)(B) and 60 days 

from 28 U.S.C. §§ 2522, 2107(b)). 

Case: 22-2274 Document: 24 Page: 2 Filed: 02/28/2023
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 2-09-439-CV

MICHAEL S. POLLY APPELLANT

V.

REALPAGES, INC. AND APPELLEES

JAMES HARRISON

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

FROM THE 367TH DISTRICT COURT OF DENTON COUNTY

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

MEMORANDUM OPINION1

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

Through a letter sent to his counsel on December 16, 2009, we have

given appellant Michael S. Polly an opportunity to explain why his notice of

appeal was untimely filed

2

and why this appeal should not be dismissed for

1 See Tex. R. App. P. 47.4.

2 The trial court signed its judgment on July 31, 2009. Although

appellant timely filed a motion for new trial on August 31, he did not file his

notice of appeal in the trial court until December 7, and it was therefore

untimely. See Tex. R. Civ. P. 329b(a); Tex. R. App. P. 26.1(a)(1).
want of jurisdiction. He has not done so. Accordingly, we dismiss the appeal

for want of jurisdiction. See Tex. R. App. P. 25.1(b), 26.1(a)(1), 42.3(a),

43.2(f); Crites v. Collins, 284 S.W.3d 839, 840 (Tex. 2009) (indicating that the

timely filing of a notice of appeal is jurisdictional); Wilkins v. Methodist Health

Care Sys., 160 S.W.3d 559, 564 (Tex. 2005) (same).

TERRIE LIVINGSTON

JUSTICE

PANEL: LIVINGSTON, DAUPHINOT, and GARDNER, JJ.

DELIVERED: February 18, 2010

2
18401.

#### Bird *v.*Riggs.

Hawkins, Justice.

When the remittitur from this court in *Byrd*v. *Riggs,*209 *Ga.*930 (76 S. E. 2d 774), affirming the judgment of the trial court in overruling a motion for a new trial was filed in the office of the Clerk of Bulloch Superior Court, counsel for the plaintiff in error in that case filed in the trial court the present proceeding, praying that the trial court order the remittitur from this court in said case be held in abeyance in the office of the clerk of the trial court, that entry of judgment thereon be withheld, and that the remittitur from this court and its effect be suspended until such time as a motion pending in that court to set aside a judgment probating a former will shall be adjudicated, and then only if said cause of action shall be determined in favor of the caveator. To the judgment denying this relief the plaintiff in error excepts. *Held:*

1. As was said by this court in *Levine*v. *Levine,*204 *Ga.*313 (49 S. E. 2d 814), with reference to the proceeding there involved, there is no provision of law for the present proceeding. The affirmance by this court without condition or direction of the judgment of the trial court overruling a motion for new trial, and the filing of the remittitur from this court in the office of the clerk of the trial court, left the trial court *298without jurisdiction to entertain or pass upon the present proceeding, filed after the judgment of affirmance, and the omission or failure to enter the remittitur on the minutes of the trial court could not alter or modify the legal effect of the judgment of affirmance, which was to preclude further proceedings in that case in both this court and the trial court. Code § 6-1805; *Allen, Ball & Co.*v. *Mayor &c. of Savannah,*9 *Ga.*286; *Pryor*v. *Pryor,*164 *Ga.*7 (137 S. E. 567); *Federal Investment Co.*v. *Ewing,*166 *Ga.*246 (142 S. E. 890); *Harrison*v. *Harrison,*208 *Ga.*70 (3) (65 S. E. 2d 173).

Submitted November 9, 1953

Decided January 11, 1954.

*W. G. Neville, Wm. J. Neville, B. H. Ramsey, Sr., J. P. Dukes, W. Roscoff Deal,*for plaintiff in error.

*Fred T. Lanier, Robert S. Lanier, Geo. M. Johnston,*contra.

2. The trial judge did not err in denying the plaintiff’s motion.

*Judgment affirmed.*

*All the Justices concur, except Duckworth, C. J., not participating.*