alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Notices]
[Page 58717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23641]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Taxpayer Advocacy Panel Volunteer Income Tax 
Assistance (VITA) Issue Committee

AGENCY: Internal Revenue Service (IRS) Treasury.

ACTION: Notice of meeting.

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SUMMARY: An open meeting of the Taxpayer Advocacy Panel VITA Issue 
Committee will be conducted. The Taxpayer Advocacy Panel is soliciting 
public comment, ideas, and suggestions on improving customer service at 
the Internal Revenue Service.

DATES: The meeting will be held Wednesday, November 12, 2008.

FOR FURTHER INFORMATION CONTACT: Marisa Knispel at 1-888-912-1227 or 
(718) 488-3557.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that a meeting of the Taxpayer Advocacy Panel VITA Issue Committee will 
be held Wednesday, November 12, 2008, at 2 p.m. Eastern Time via a 
telephone conference call. You can submit written comments to the panel 
by faxing to (718) 488-2062, or by mail to Taxpayer Advocacy Panel, 10 
Metro Tech Center, 625 Fulton Street, Brooklyn, NY, 11201, or you can 
contact us at http://www.improveirs.org. Public comments will also be 
welcome during the meeting. Please contact Marisa Knispel at 1-888-912-
1227 or (718) 488-3557 for additional information.
    The agenda will include the following: Various VITA Issues.

    Dated: September 26, 2008.
Roy L. Block,
Acting Director, Taxpayer Advocacy Panel.
 [FR Doc. E8-23641 Filed 10-6-08; 8:45 am]
BILLING CODE 4830-01-P
Case 1:11-cv-01956-LTB Document 2 Filed 08/08/11 USDC Colorado Page 1 of 3
Case 1:11-cv-01956-LTB Document 2 Filed 08/08/11 USDC Colorado Page 2 of 3
Case 1:11-cv-01956-LTB Document 2 Filed 08/08/11 USDC Colorado Page 3 of 3
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Boyd N. Boland

Civil Action No. 11-cv-02323-BNB

DEJA FRANKS,

Plaintiff,

v.

NORTH AMERICAN ASSET SERVICES, LLC d/b/a FRONTIER FINANCIAL GROUP,

INC., and

SALVATORE MAZZARA,

Defendants.

______________________________________________________________________________

ORDER

______________________________________________________________________________

This matter is before me on Defendants’ Motion to Strike Paragraphs . . . of Plaintiff

Deja Franks’ Amended Complaint [Doc. # 10, filed 11/21/2011] (the “Motion to Strike”). I

held a hearing on the Motion to Strike this morning and made rulings on the record, which are

incorporated here.

IT IS ORDERED that the Motion to Strike [Doc. # 10] is DENIED.

Dated December 13, 2011.

BY THE COURT:

 s/ Boyd N. Boland 

United States Magistrate Judge

Case 1:11-cv-02323-BNB-KMT Document 21 Filed 12/13/11 USDC Colorado Page 1 of 1
DISMISS ; Opinion issued April 29, 2013 

# S

In The Court of Appeals Fifth District of Texas at Dallas

No. 05

- 12

- 01194

- CV

JUSTIN SMITH , Appellant V. KRISTINA BILBAN , Appellee

On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380

- 02673

- 2012

MEMORANDUM OPINION Before Chief Justice Wright and Justices Lang

- Miers and Lewis Opinion by Chief Justice Wright By letter dated January 23, 2013, the Court info r med appellant that we have received notice from the District Clerk of Collin County that the clerk’s record has not been filed because appellant ha s not paid the fee for its preparation. We instructed appellant to provide the Court, within ten days, writt en verification that he has paid or made arrangements to pay the clerk’s fee or written documentation that appellant has been found to be entitled to proceed without payment of costs. We cautioned appellant that failure to provide the document within the time specified may result in dismissal of the appeal for want of prosecution. As of today’s date, appellant has not provided the requested documentation. Accordingly, we dismiss the appeal. See T EX

. R. A PP

. P. 42.3 (b) & (c).

121194F.P05 /Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE– 2

– 

# S

Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

JUSTIN SMITH, Appellant

No. 05

- 12

- 01194

- CV V.
KRISTINA BILBAN, Appellee On Appeal from the 380th Judicial District Court, Collin County, Texas Trial Court Cause No. 380

- 02673

- 2012. Opinion delivered by Chief Justice Wright. Justices Lang

- Miers and Lewis participating.
In accordance with this Court’s opinion of this date, the appeal is DISMISSED

.
It is ORDERED that appellee, KRISTINA BILBAN, recover her costs of this appeal from appellant, JUSTIN SMITH.

Judgment entered April 29, 2013.

/Carolyn Wright/ CAROLYN WRIGHT CHIEF JUSTICE
EXHIBIT 32.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of New Generation Holdings, Inc. (the
"Company") on Form 10-QSB for the period ending March 31, 2006 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Robert
Scherne, interim Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002, to my
knowledge 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.

                                           /s/ Robert Scherne
                                           ------------------------
                                           Robert Scherne
                                           Interim Chief Financial Officer

                                           November 30, 2006
NO. 07-06-0404-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL B

MAY 16, 2007

______________________________

DANIEL DOMINIQUE JAQUEZ,

Appellant

v.

THE STATE OF TEXAS, 

Appellee

_________________________________

FROM THE 320 DISTRICT COURT OF POTTER COUNTY; TH

NO. 53,032-D; HON. DON EMERSON, PRESIDING

_______________________________

Memorandum Opinion

_______________________________

Before QUINN, CJ., and CAMPBELL and HANCOCK, JJ.

Daniel Dominique Jaquez appeals his conviction for burglary of a habitation. In one

issue, he contends that the trial court erred in permitting the State to amend the indictment

on the day of trial. The amendment consisted of correcting the date of a prior conviction

pled for enhancement purposes. We affirm the judgment. 

As previously mentioned, the State sought to amend the indictment to correct the

date of the prior conviction pled in the enhancement paragraph. Notice of its intent to do
2

so was sent to appellant’s trial counsel, and the latter admitted to having received it ten

days before trial. Nonetheless, appellant objected when effort was made, on the day of

trial, to formally amend the charging instrument. Before us, he asserts that the effort failed

to comply with art. 28.10 of the Texas Code of Criminal Procedure for the provision does

not allow amendment on the day of trial. We overrule the issue.

Authority also holds that while prior convictions used for enhancement purposes

must be pled in some form, they need not be pled in the indictment. Villescas v. State, 189

S.W.3d 290, 292-93 (Tex. Crim. App. 2006); Brooks v. State, 957 S.W.2d 30, 34 (Tex.

Crim. App. 1997); Johnson v. State, 214 S.W.2d 157, 158 (Tex. App.–Amarillo 2007, no

pet.). So too are we told not only that the deletion of surplusage from an indictment falls

outside the requirements of art. 28.10 but also that surplusage encompasses language

unessential to the validity of the indictment. Johnson v. State, 214 S.W.3d at 158. Since

enhancement paragraphs need not be pled in the indictment, it logically follows that they

are unessential to the validity of the instrument and comparable to surplusage for purposes

of art. 28.10. Id. As a result, we conclude that modifying the date in the enhancement

paragraph here does not implicate art. 28.10 and, therefore, the trial court did not violate

the terms of that provision. Id.

Accordingly, we affirm the judgment.

Brian Quinn 

 Chief Justice 

Do not publish.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

LEWIS T. BABCOCK, JUDGE

Criminal Case No. 11-cr-00348-LTB

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. JESUS OLIVAS-VENZOR,

Defendant.

________________________________________________________________________

MINUTE ORDER

________________________________________________________________________

BY ORDER OF JUDGE LEWIS T. BABCOCK

This will confirm that a status/scheduling hearing regarding Defendant Olivas-Venzor

is set Tuesday, September 27, 2011 at 9:00 a.m. in Courtroom C401, Byron G. Rogers

United States Courthouse, 1929 Stout Street, Denver, Colorado. Defendant must be

present. An interpreter is required.

Dated: September 14, 2011
**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 **

|   | (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. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/                Richard E. Gathright                          |
|------------------------------------------------------------------|
| Richard                E. Gathright                              |
| Chief                Executive Officer and President             |
| February                14, 2008                                 |
|                                                             |
|                                                             |
| /s/                Michael S. Shore                              |
| Michael                S. Shore                                  |
| Chief                Financial Officer and Senior Vice President |
| February                14, 2008                                 |

----
1

“[#24]” is an example of the convention I use to identify the docket number assigned to a specific

paper by the court’s electronic case filing and management system (CM/ECF). I use this convention

throughout this order.

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Robert E. Blackburn

Civil Case No. 11-cv-02097-REB-KMT

M. GABRIEL McFARLAND,

Plaintiff,

v.

TRANS UNION,

EQUIFAX, and

EXPERIAN, INC., 

Defendants.

ORDER DISMISSING DEFENDANT EQUIFAX, ONLY

Blackburn, J.

The matter is before me on the Stipulated Motion For Dismissal With

Prejudice (as to Defendant Equifax) [#24]1

 filed November 22, 2011. After reviewing

the motion and the file, I conclude that the motion should be granted and that plaintiff’s

claims against defendant Equifax should be dismissed with prejudice.

THEREFORE, IT IS ORDERED as follows:

1. That the Stipulated Motion For Dismissal With Prejudice (as to Defendant

Equifax) [#24] filed November 22, 2011, is GRANTED;

2. That plaintiff’s claims against defendant Equifax are DISMISSED WITH

PREJUDICE with the parties to pay their own attorney fees and costs; and

Case 1:11-cv-02097-REB-KMT Document 25 Filed 11/23/11 USDC Colorado Page 1 of 2
2

3. That defendant Equifax is DROPPED as a named party to this action, and the

case caption is amended accordingly.

Dated November 23, 2011, at Denver, Colorado.

BY THE COURT:

Case 1:11-cv-02097-REB-KMT Document 25 Filed 11/23/11 USDC Colorado Page 2 of 2
UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Karen L. Bartlett

v. Civil No. 08-cv-00358-JL

Mutual Pharmaceutical

Company, Inc.

SUMMARY ORDER

Defendant Mutual Pharmaceutical Company, which appealed the

judgment against it in this case to the First Circuit Court of

Appeals, has moved this court for completion of the record on

appeal. See Fed. R. App. P. 10(e). The court of appeals stayed

the appellate proceedings for 45 days or until this court

resolves Mutual’s motion, whichever is sooner. See Bartlett v.

Mut. Pharm. Co., No. 10-2277 (1st Cir. Apr. 8, 2011). 

Specifically, Mutual is seeking to supplement the trial record

with audio recordings of the videotaped deposition testimony of

three witnesses:

• Dr. Nam Heui Kim, a burn surgeon whose testimony was played

for the jury on August 18, 2010;

• Dr. Claes Dohlman, an eye surgeon whose testimony was played

for the jury on August 19, 2010; and

• Robert Dettery, a Mutual employee whose testimony was played

for the jury on August 18 and 23, 2010.

Before trial, the parties designated the portions of

videotaped deposition testimony that they wished to play for the

jury, and this court ruled on any objections they raised. See

documents no. 321, 352, and 354. Because the record already

Case 1:08-cv-00358-JL Document 477 Filed 05/19/11 Page 1 of 3
included those designations and rulings, the videotaped

deposition testimony was not transcribed by court reporters when

played at trial. Notwithstanding the lack of transcription, this

court understands that backup audio recordings of the testimony

were made and preserved. 

Mutual’s motion to complete the record on appeal with those

audio recordings is GRANTED. The clerk of court shall provide 1

copies of those audio recordings to each party and shall also

forward a certified copy to the court of appeals. See Fed. R.

App. P. 10(e)(2) (providing that any “omission” in the trial

record “may be corrected and a supplemental record may be

certified and forwarded . . . by the district court before or

after the record has been forwarded”).

SO ORDERED.

____________________________

Joseph N. Laplante

United States District Judge

Dated: May 19, 2011

cc: Bryan Ballew, Esq.

Keith M. Jensen, Esq.

Patrick J. O’Neal, Esq.

Eric Roberson, Esq.

Christine M. Craig, Esq.

Timothy P. Beaupre, Esq.

Document no. 1 474.

2

Case 1:08-cv-00358-JL Document 477 Filed 05/19/11 Page 2 of 3
Jeffrey D. Geoppinger, Esq.

Joseph P. Thomas, Esq.

Paul J. Cosgrove, Esq.

Linda E. Maichl, Esq.

Stephen J. Judge, Esq.

Pierre A. Chabot, Esq.

 

3

Case 1:08-cv-00358-JL Document 477 Filed 05/19/11 Page 3 of 3
1

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge David L. West

Criminal Case No. 11-PO-00105-DLW 

UNITED STATES OF AMERICA,

Plaintiff,

vs.

1. COREY RICHARDS,

Defendant.

 

ORDER FOR RELEASE FROM CUSTODY

 

ORDER ENTERED BY MAGISTRATE JUDGE DAVID L. WEST

The Government has moved to withdraw the Petition on Violation of Probation in the abovereferenced matter and continue the Defendant on probation, therefore:

IT IS HEREBY ORDERED that the Defendant be released from custody of the U. S.

Marshal on May 18, 2012 at 9:00 a.m. to be transported by Tommy Montoya to Peaceful Spirit in

Ignacio, Colorado.

DATED: May 17, 2012. 

BY THE COURT:

s/David L. West 

United States Magistrate Judge

Case 1:11-po-00105-DW Document 35 Filed 05/17/12 USDC Colorado Page 1 of 1
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 ZAP (the “Company”) on Form 10-Q for the
quarter ended March 31, 2008 as filed with the Securities and Exchange
Commission on the date hereof (the “Report”), Steven M. Schneider, as Chief
Executive Officer of the Company hereby certifies, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to
the best of his knowledge, 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 results of operations of the
      Company.





/s/ Steven M. Schneider
              Steven
      M. SchneiderTitle:  Chief
      Executive Officer (Principal Executive Officer)Date:
      May 14, 2008








This
certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as
amended.
Exhibit 32

                            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 Amscan Holdings, Inc. (the "Company")
on Form 10-Q for the period ended June 30, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), we, Gerald C. Rittenberg,
Chief Executive Officer and Michael A. Correale,  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  results  of
              operations of the Company.



                                          /s/ GERALD C. RITTENBERG
                                          ------------------------------------
                                          Gerald C. Rittenberg
                                          Chief Executive Officer


                                          /s/ MICHAEL A. CORREALE
                                          ------------------------------------
                                          Michael A. Correale
                                          Chief Financial Officer


August 14, 2003
EXHIBIT 31.2

                                 CERTIFICATIONS


I, Michael S. Shore, certify that:

     1. I have reviewed this quarterly report on Form 10-Q/A of Streicher Mobile
Fueling, Inc.;

     2. Based on my knowledge, this report does not contain any untrue statement
of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were
made, not misleading with respect to the period covered by this report;

     3. Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

     4. The registrant's other certifying officer(s) and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

         (a) Designed such disclosure controls and procedures, or caused such
         disclosure controls and procedures to be designed under our
         supervision, to ensure that material information relating to the
         registrant, including its consolidated subsidiaries, is made known to
         us by others within those entities, particularly during the period in
         which this report is being prepared;

         (b) Evaluated the effectiveness of the registrant's disclosure controls
         and procedures and presented in this report our conclusions about the
         effectiveness of the disclosure controls and procedures, as of the end
         the period covered by this report based on such evaluation; and

         (c) Disclosed in this report any change in the registrant's internal
         controls over financial reporting that occurred during the registrant's
         first fiscal quarter that has materially affected, or is reasonably
         likely to materially affect, the registrant's internal control over
         financial reporting.

     5. The registrant's other certifying officer(s) and I have disclosed, based
on our most recent evaluation of internal control over financial reporting, to
the registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent functions):

         (a) All significant deficiencies and material weakness in the design or
         operation of internal control over financial reporting which are
         reasonably likely to adversely affect the registrant's ability to
         record, process, summarize and report financial information; and

         (b) Any fraud, whether or not material, that involves management or
         other employees who have a significant role in the registrant's
         internal control over financial reporting.

    Date: February 11, 2005


    /s/ Michael S. Shore
    -------------------------------------------------
    Michael S. Shore
    Senior Vice President and Chief Financial Officer