alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 40517

JIMMY DIAZ , Plaintiff

- Appellant

v. B. ALDERSON, Police Officer; SERGEANT RODRIGUEZ; POLICE CHIEF MARK WICKER; SERGEANT JESSE GARZA; CLUTE MUNICIPALITY(S); PUBLIC SERVANT JESSE SOLEY; OFFICER ANDERSON BRANDON , Defendant s
- Appellee s

Appeal from the United States District Court for the Southern District of Texas USDC No. 3:11

- CV

- 545

Before HIGGINBOTHAM, DENNIS, and GRAVES, Circuit Judges. PER CURIAM: * Jimmy Diaz, Texas prisoner # 1737301, filed a 42 U.S.C. § 1983 complaint against law enforcement officials. The district court denied Diaz’s
motion for leave to file a supplemental response to Defendants’ motion for summary judgment and dismissal

. Diaz appeals this order. The district
court ’s docket sheet reflects that Diaz’s § 1983 complaint remain s pending.

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED January 7, 2014

Lyle W. Cayce Clerk Case: 13-40517 Document: 00512491634 Page: 1 Date Filed: 01/07/2014No. 13

- 40517

We must sua sponte examine whether we have jurisdiction to consider the appeal. See Martin v. Halliburton , 618 F.3d 476, 481 (5th Cir. 2010). Federal appellate courts only have jurisd iction over appeals from (1) final orders pursuant to 28 U.S.C. § 1291; (2) orders that are deemed final due to a jurisprudential exception, such as the collateral order doctrine; (3) interlocutory orders specified in 28 U.S.C. § 1292(a); and (4) interlocu tory orders that are properly certified for appeal by the district court pursuant to Federal Rule of Civil Procedure 54(b) or § 1292(b). Dardar v. Lafourche Realty Co. , 849 F.2d 955, 957 (5th Cir. 1988); Save the Bay, Inc. v. U.S. Army , 639 F.2d 1100, 110 2 & n.3 (5th Cir. 1981). The order denying Diaz’s motion for leave to file a supplemental response to Defendants’ motion for summary judgment and dismissal does not fall within any of these categories

. Accordingly, we lack jurisdiction to consider the app eal, and the appeal is DISMISSED. Diaz’s motion for leave to proceed in forma pauperis on appeal
is DENIED.

2 Case: 13-40517 Document: 00512491634 Page: 2 Date Filed: 01/07/2014
9

A.5. Average Effective Interest Rates on Non-real-estate Bank Loans Made to FarmersPercent

Size of loan Si

Purpose of loan (thousands of dollars) 

Other Farm 

current machinery 1 10 25 100

All Feeder Other operating and to to to and Sma

Period loans livestock livestock expenses1 equipment Other2 9 24 99 over mid-

1991...... 9.8 10.2 11.0 10.4 11.3 8.6 11.5 11.2 10.7 9.2 

1992...... 7.8 8.2 8.6 8.8 9.3 6.3 9.7 9.3 8.8 7.1 

1993...... 7.5 8.0 8.1 8.1 8.7 6.2 9.0 8.7 8.3 6.9 1994...... 7.8 8.3 8.0 8.4 8.6 7.0 9.1 8.8 8.6 7.3 1995...... 9.5 10.1 10.2 10.0 10.3 8.8 10.6 10.5 10.3 9.0 

1996...... 8.4 8.8 9.5 8.6 9.7 8.0 10.2 10.1 9.8 7.8 

1997...... 9.2 9.6 9.8 9.9 9.8 8.5 10.2 10.0 9.9 8.8 

1998...... 9.0 9.4 9.7 9.6 9.3 8.0 10.1 9.9 9.7 8.4 

1999...... 8.7 9.1 9.1 9.2 8.8 7.6 9.7 9.5 9.3 8.1 

2000...... 9.7 9.8 9.9 9.9 9.3 9.3 10.3 10.2 10.1 9.4 

2001...... 7.8 7.6 8.0 8.4 8.3 7.0 9.1 8.7 8.3 7.3 

2002...... 5.9 6.1 5.8 6.4 6.7 4.8 7.3 7.0 6.5 5.3 1999: Q3... 9.0 9.0 9.1 9.2 9.0 8.5 9.7 9.6 9.4 8.4 

 Q4... 9.2 9.3 9.2 9.4 9.4 8.6 9.9 9.7 9.4 8.8 

2000: Q1... 9.2 9.2 9.3 9.5 8.0 9.2 9.8 9.7 9.5 9.0 

 Q2... 9.7 9.6 9.9 9.9 10.1 9.2 10.3 10.1 10.0 9.4 

 Q3... 10.2 10.4 10.2 10.3 10.1 9.6 10.7 10.7 10.4 9.8 

 Q4... 10.0 10.0 10.3 10.3 10.3 9.4 10.6 10.5 10.3 9.7 

2001: Q1... 9.1 9.6 9.6 9.6 9.2 8.3 10.1 9.8 9.6 8.7 

 Q2... 8.3 8.3 8.6 8.6 8.1 7.8 9.2 8.9 8.6 7.9 

 Q3... 7.7 7.8 7.5 8.1 8.2 6.9 8.9 8.5 8.0 7.1 

 Q4... 6.2 6.2 6.3 6.8 7.4 5.3 7.9 7.4 6.8 5.5 

2002: Q1... 6.3 6.5 5.6 6.8 6.7 5.2 7.6 7.2 6.7 5.7 

 Q2... 6.2 6.1 6.3 6.4 7.1 5.3 7.2 6.9 6.4 5.6 

 Q3... 5.7 6.3 6.1 6.0 6.3 4.7 7.3 7.0 6.5 4.9 

 Q4... 5.5 5.6 5.4 6.2 7.2 4.2 7.1 6.7 6.2 4.8 

2003: Q1... 5.6 5.3 5.2 6.0 6.2 4.8 6.8 6.5 6.1 5.2 

 Note. Data are estimates from the Federal Reserve System’s Survey of the Terms of Bank Lending to Farmers. Effective (compoundcalculated from the stated rate and other terms of the loans and weighted by loan size. Quarterly estimates are expressed as an annual loans made during the first full week of the second month of the quarter. 1. Loans used primarily to finance such items as current crop production expenses and the care and feeding of livestock (including p 2. Typically loans for which the lender does not know the purpose. 3. Portfolios with $25 million or less in farm loans. 4. Portfolios with more than $25 million in farm loans.
Employment Agreement between the Registrant & Christopher S. Cardell,  11/24/98



 Exhibit 10.6 
  
  
 November 24, 1998 
  

			
	 To:
	  	Chris Cardell
	 From:
	  	Alan Meckler
	 Subject:
	  	Offer of Employment

  
 The following is our offer of
employment with internet.com LLC (“the Company”): 
  
 1.    Title: President and Chief Operating Officer 
  
 2.    Annual base salary: $175,000 
  
 3.    Annual salary increases: A minimum 4% increase 
  
 4.    Annual stock option grants: 5,000 share range 
  
 5.    In the event of your termination, you will be entitled to 12 months of severance to be paid in monthly installments. This severance will be conditional on your not divulging any information, including disparaging
comments about the Company, its personnel, financial or other proprietary information. 
  
 6.    Vacation: Four weeks paid vacation 
  
 7.    Other benefits: 
  

	 	•	401k participation 


	 	•	major medical insurance coverage 


	 	•	major dental insurance coverage 


	 	•	disability insurance etc. commensurate with other Company personnel 

  
 8.    Immediate supervisor: Chairman and Chief Executive Officer 
  
 All terms of this agreement are effective upon the date of your signing. 
  
 Very truly yours, 
  
  
  

	
	 /s/    ALAN M. MECKLER

	

	 Alan M. Meckler

	 Chairman and Chief Executive Officer

	 internet.com LLC


  
 Agreed to by: 
  

	
	 /s/    CHRISTOPHER S. CARDELL

	

	 Christopher S. Cardell

	 November 24, 1998
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1850 Referred in Senate (RFS)]

  1st Session
                                H. R. 1850

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 25, 2001

Received; read twice and referred to the Committee on Banking, Housing, 
                           and Urban Affairs

_______________________________________________________________________

                                 AN ACT

 
  To extend the Commission on Affordable Housing and Health Facility 
Needs for Seniors in the 21st Century and to make technical corrections 
                  to the law governing the Commission.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Senior Housing Commission Extension 
Act of 2001''.

SEC. 2. EXTENSION OF SENIORS HOUSING AND HEALTH FACILITY NEEDS 
              COMMISSION AND TECHNICAL CORRECTIONS.

    Section 525 of the Departments of Veterans Affairs and Housing and 
Urban Development, and Independent Agencies Appropriations Act, 2000 
(42 U.S.C. 12701 note) is amended--
            (1) in subsection (d)(4), by striking ``reimbursable'' and 
        inserting ``non-reimbursable'';
            (2) in the first sentence of subsection (f)--
                    (A) by striking ``Banking and''; and
                    (B) by striking ``December 31, 2001'' and inserting 
                ``December 31, 2002''; and
            (3) in subsection (g), by striking ``June 30, 2002'' and 
        inserting ``March 31, 2003''.

            Passed the House of Representatives September 24, 2001.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.
```
THIS NOTE HAS NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS
AMENDED, AND IS TRANSFERABLE ONLY UPON THE CONDITIONS SPECIFIED IN THE
NOTE AGREEMENT REFERRED TO HEREIN.

                Promissory Note Due April 30, 2004

                                                                  $7,000.00

     GK INTELLIGENT SYSTEMS, INC, a Delaware public corporation, (herein
called the "Maker") for value received, hereby promises to pay to DEANNA
SLATER, 10142 Valley Forge, Houston, Texas,  77042, or her registered assigns
("Holder"), the principal sum of seven thousand dollars ($7,000.00) and
annualized interest of 0 %.  Payment of the principal and interest of this
Note will be made by check on April 30, 2004 (unless extended) at the offices
of the Maker maintained in Houston, Texas, or mailed to the address of the
person entitled thereto as such address shall be provided to the Maker, in
such coin or currency of the United States of America.

     This Note shall be collateralized by two hundred twelve thousand one
hundred twenty one  (212,121) shares of common stock in GK Intelligent
Systems, Inc. currently registered in the name of "GK Intelligent Systems".
Holder may, at its option, accept payment of all or part of the principal
portion of this Note in the form of the heretofore described common stock on a
pro rata basis using a price per share of .033 cents.  Holder may make this
election on or before the due date of April 30, 2004.

     No provision of this Note shall alter or impair the obligation of the
Maker, which is absolute and unconditional, to pay the principal of this Note
at the times, places and rate, and in the coin or currency, herein prescribed.

     The Note may be transferred upon surrender of this Note or registration
of transfer at the offices or agencies of the Maker in Houston, Texas duly
endorsed by, or accompanied by a written instrument of transfer in
substantially the form accompanying this Note duly executed by, the holder
hereof or his attorney duly authorized in writing, and thereupon one or more
new Notes, of authorized denominations and for the same aggregate principal
amount, will be issued to the designated transferee or transferees.

     Prior to due presentment of this Note for registration of transfer, the
Maker, and any agent of the Maker may treat the person in whose name this Note
is registered as the owner hereof for all purposes, whether or not this Note
be overdue, and neither the Maker nor any such agent shall be affected by
notice to the contrary.

     This Note represents the final agreement between the parties and may not
be contradicted by evidence of prior, contemporaneous, or subsequent oral
agreements of the parties.  There are no unwritten oral agreements between the
parties.

     IN WITNESS WHEREOF, GARY KIMMONS, CEO of GK Intelligent Systems, Inc. has
caused this instrument to be executed.

Dated:  March 31, 2004.



                                  /s/ Gary F. Kimmons
                                 -----------------------------------------
                                 GARY KIMMONS, CEO, GK INTELLIGENT SYSTEMS
H. R. 1925

One Hundred Seventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Wednesday,

the twenty-third day of January, two thousand and two

An Act

To direct the Secretary of the Interior to study the suitability and feasibility of

designating the Waco Mammoth Site Area in Waco, Texas, as a unit of the

National Park System, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. STUDY AND REPORT REGARDING WACO MAMMOTH SITE

AREA.

(a) STUDY.—The Secretary of the Interior, in consultation with

the State of Texas, the city of Waco, and other appropriate organizations, shall carry out a special resource study regarding the national

significance, suitability, and feasibility of designating the Waco

Mammoth Site Area located in the city of Waco, Texas, as a unit

of the National Park System.

(b) STUDY PROCESS AND COMPLETION.—Section 8(c) of Public

Law 91–383 (16 U.S.C. 1a–5(c)) shall apply to the conduct and

completion of the study required by this section.

SEC. 2. SUBMISSION OF STUDY RESULTS.

Not later than 3 years after funds are first made available

for this Act, the Secretary shall submit to the Committee on

Resources of the House of Representatives and the Committee on

Energy and Natural Resources of the Senate a report describing

the results of the study.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.
IN THE UNITED STATES DISTRICT COURT 

 FOR THE DISTRICT OF NEW HAMPSHIRE 

United States of America, Plaintiff, 

 v. Cr. No. 05-08-01-JD Tracy Sutter Petrucelli, 

Defendant, and Jalbert & Company CPA’s, P.C., 

Garnishee. 

 FINAL ORDER OF CONTINUING GARNISHMENT

 On February 23, 2012, a Writ of Continuing Garnishment and 

Clerk=s Notice were issued in the above-captioned action by this 

Court. The Garnishee and the Defendant were served with copies of 

the Application, Clerk=s Notice and Writ of Continuing Garnishment 

on February 25, 2012, and March 1, 2012, respectively. As stated in 

Plaintiff=s motion, Garnishee verbally stated to Plaintiff that at 

the time of service of the Writ, it had in its possession, custody 

or control, personal property, in the form of semi-monthly non-exempt 

disposable earnings, belonging to and due defendant, Tracy Sutter 

Petrucelli. Defendant agreed to waive her right to a hearing 

pursuant to 28 U.S.C. ' 3202(d). Therefore, it is 

 ORDERED that Garnishee pay Two Hundred Fifty and 00/100 Dollars 

($250.00) of the Defendant=s semi-monthly non-exempt disposable 

earnings (earnings remaining after all deductions required by law 

have been withheld) beginning April 1, 2012, and thereafter, to 

Plaintiff and continue said payments until the debt to Plaintiff is 

paid in full or until the Garnishee no longer has possession, custody 

or control of any property belonging to the Defendant or until further 
Order of this Court. Said payments shall be made payable to Clerk, 

U.S. District Court and mailed to U.S. District Court, 55 Pleasant 

Street, Room 110, Concord, NH 03301. 

 IT IS FURTHER ORDERED, that Defendant shall keep the United 

States Attorney=s Office currently informed, in writing, of any 

change in her employment, place of residence, or telephone number. 

Defendant shall provide such information to the United States 

Attorney=s Office at the address listed above. 

SO ORDERED THIS DAY OF , 2012.

_____________________________ 

 Joseph A. DiClerico 

Senior U.S. District Court Judge 

cc: U.S. Attorney=s Office 

 Tracy Sutter Petrucelli, pro se 

 Jalbert & Company CPA’s, P.C. 

9th March /s/ Joseph A. DiClerico, Jr.
#### POWELL et al. v. WESTERMANN.

No. 8463.

Circuit Court of Appeals, Fifth Circuit.

Jan. 25, 1938.

Joseph F. McPherson, of Miami, Fla., for appellants.

John W. Prunty and Glenn C. Mincer, both of Miami, Fla., for appellee.

Before SIBLEY, HUTCHESON, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

By the verdict of a jury, in an action at law, appellee was awarded damages for the wrongful death of her husband, who was killed in a collision at a railroad crossing. This appeal comes from a judgment upon that' verdict, and error is assigned principally to the action of the court in refusing to instruct the jury peremptorily to find for appellant.

The accident occurred about 10 o’clock in the morning on February 20, 1936, at the intersection of the Seaboard’s tracks and one of the principal avenues in Miami, Florida. The appellants were backing a heavy passenger train across the avenue. It was 717 feet long and consisted of an engine, four Pullmans, one diner, two coaches, and a mail car.

Appellee claims that the train was being operated by a skeleton crew of one man, with an engine crew of two; but the material fact here is not by whom, but how, the train was operated. So we put this and several other alleged grounds of negligence aside, and state at once the only basis upon which we think the verdict and judgment should stand.

There was substantial evidence to warrant the jury in finding that the appellant unnecessarily backed this heavy train over a much-traveled city street at a speed of twenty-five or thirty miles an hour, and that this was a highly dangerous thing to do, which constituted negligence, directly and proximately causing the injury. The fact that the deceased was guilty of contributory negligence does not entirely defeat recovery.

We find no reversible error in the record, and the judgment is affirmed.
107TH CONGRESS

1ST SESSION H. R. 1814

AN ACT

To amend the National Trails System Act to designate the Metacomet-Monadnock-Mattabesett

Trail extending through western Massachusettsand central Connecticut for study for potentialaddition to the National Trails System.
107TH CONGRESS

1ST SESSION H. R. 1814

AN ACT

To amend the National Trails System Act to designate the

Metacomet-Monadnock-Mattabesett Trail extending

through western Massachusetts and central Connecticut

for study for potential addition to the National Trails

System.
2

•HR 1814 EH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Metacomet-Monad5 nock-Mattabesett Trail Study Act of 2001’’.

6 SEC. 2. DESIGNATION OF METACOMET-MONADNOCK7 MATTABESETT TRAIL FOR STUDY FOR PO8 TENTIAL ADDITION TO THE NATIONAL

9 TRAILS SYSTEM.

10 Section 5(c) of the National Trails System Act (16

11 U.S.C. 1244(c)) is amended by adding at the end the fol12 lowing new paragraph:

13 ‘‘(ll) METACOMET-MONADNOCK-MATTABESETT

14 TRAIL.—The Metacomet-Monadnock-Mattabesett Trail, a

15 system of trails and potential trails extending southward

16 approximately 180 miles through western Massachusetts

17 on the Metacomet-Monadnock Trail, across central Con18 necticut on the Metacomet Trail and the Mattabesett

19 Trail, and ending at Long Island Sound.’’.

20 SEC. 3. EXPEDITED REPORT TO CONGRESS.

21 Notwithstanding the fourth sentence of section 5(b)

22 of the National Trails System Act (16 U.S.C. 1244(b)),

23 the Secretary of the Interior shall submit the study re24 quired by the amendment made by section 2 to Congress
3

•HR 1814 EH

1 not later than 2 years after the date of the enactment of

2 this Act.

Passed the House of Representatives October 23,

2001.

Attest:

Clerk.
EXHIBIT 32.2

CFO CERTIFICATION OF PERIODIC REPORT

I, Kevin T. Michaels, Chief Financial Officer of Powerwave
Technologies, Inc. (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



| | 1. |  | the Quarterly Report on Form 10-Q of the Company for the quarterly period ended September 28, 2008 (the Report) fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 780(d)); 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 6, 2008 |  |  |  | By: |  | /s/ KEVIN T. MICHAELS
|                       |  |  |  |     |  |                       |  | Kevin T. Michaels Chief Financial Officer Powerwave Technologies, Inc.
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 of Cerence Inc. (the “Company”) on Form 10-K for the year ending September 30, 2019  as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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: December 19, 2019 |   | By:    | /s/ Sanjay Dhawan                 |
|-------------------------|--------|--------|----------------------------------------|
|                    |   |   | Sanjay Dhawan

Chief Executive Officer |
|                    |   |   | (Principal Executive Officer)          |
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-6276

MARK AUBREY WILLIAMS,

Plaintiff - Appellant,

versus

STATE OF SOUTH CAROLINA JUSTICE COMMITTEE; ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA,

T. TRAVIS MEDLOCK,

Defendants - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Columbia. David C. Norton, District Judge.

(CA-94-2500-3-18-BC)

Submitted: July 10, 1997 Decided: July 23, 1997

Before RUSSELL, HALL, and MURNAGHAN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Mark Aubrey Williams, Appellant Pro Se. Donald John Zelenka, Chief

Deputy Attorney General, Columbia, South Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court's order denying his Fed.

R. Civ. P. 60(b) motion. We have reviewed the record and the district court's opinion and find no reversible error. Accordingly, we

affirm on the reasoning of the district court. Williams v. State of

South Carolina Justice Comm., No. CA-94-2500-3-18-BC (D.S.C. Feb.

5, 1997). We dispense with oral argument because the facts and

legal contentions are adequately presented in the materials before

the court and argument would not aid the decisional process.

AFFIRMED