alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A20A1364. MIKE REDFORD v. TAMMY M. HOWARD et al.

Mike Redford, a prisoner proceeding pro se, filed a mandamus petition against

TammyHoward, the Clerk of the Douglas County Superior Court, and Ryan Leonard,

the District Attorney,seeking to compelthe transmission of a transcriptfor his criminal

appeal. The trial court dismissed Redford’s mandamus petition as moot, and Redford

filed this appeal. We, however, lack jurisdiction.

Although judgments and orders granting or refusing to grant mandamus are

generally directly appealable, see OCGA § 5-6-34 (a) (7), under the Prison Litigation

Reform Act, any appeal in a civil case that was initiated by a prisoner must come by

discretionary application. See OCGA § 42-12-8;Jones v. Townsend, 267 Ga. 489, 490

(480 SE2d 24) (1997). Because Redford is incarcerated, he was required to file an

application for discretionary appeal to seek appeal of the trial court’s order.

“[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v.

Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991). Redford’s failure to follow

the required appellate procedure deprives us of jurisdiction over this appeal. The

June 04, 2020
appellees have filed motions to dismiss on this ground. Those motions are hereby

GRANTED, and this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

06/04/2020
<TABLE> <S> <C>

<ARTICLE> BD
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          FEB-28-1999
<PERIOD-END>                               FEB-28-1999
<CASH>                                          99,499
<RECEIVABLES>                                2,654,171
<SECURITIES-RESALE>                             14,838
<SECURITIES-BORROWED>                          243,507
<INSTRUMENTS-OWNED>                            267,095
<PP&E>                                         240,367
<TOTAL-ASSETS>                               3,803,132
<SHORT-TERM>                                         0
<PAYABLES>                                   1,822,084
<REPOS-SOLD>                                         0
<SECURITIES-LOANED>                            229,542
<INSTRUMENTS-SOLD>                              45,659
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        96,463
<OTHER-SE>                                   1,531,274
<TOTAL-LIABILITY-AND-EQUITY>                 3,803,132
<TRADING-REVENUE>                              202,022
<INTEREST-DIVIDENDS>                           201,512
<COMMISSIONS>                                1,201,519
<INVESTMENT-BANKING-REVENUES>                  219,001
<FEE-REVENUE>                                  351,831
<INTEREST-EXPENSE>                               5,628
<COMPENSATION>                               1,431,697
<INCOME-PRETAX>                                470,787
<INCOME-PRE-EXTRAORDINARY>                     470,787
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   292,117
<EPS-BASIC>                                     3.07
<EPS-DILUTED>                                     3.00


</TABLE>
EXHIBIT 32.2



Certification Pursuant to 18 U.S.C. § 1350,

as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



In connection with the filing of the Quarterly Report on Form 10-Q for the quarter ended March 31, 2005 (the Report) by Beverly
Hills Bancorp Inc. (the Company), the undersigned officer of the Company hereby certifies that:



|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 as of and for the period covered
by the Report.
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                  |  |  |  |                                        
|----------------- |  |  |  | ---------------------------------------
|                  |  |  |  | BEVERLY HILLS BANCORP INC.             
|                  |  | 
|Date: May 6, 2005 |  |  |  | /s/ TAKEO K. SASAKI                    
|                  |  |  |  | Takeo K. Sasaki Chief Financial
Officer
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.                  

###### Commission of Fine Arts

The next meeting of the U.S. Commission of Fine Arts is scheduled for 16 October 2008, at 10 a.m. in the Commission's offices at the National Building Museum, Suite 312, Judiciary Square, 401 F Street, NW., Washington, DC 20001-2728. Items of discussion may include buildings, parks and memorials. 

                    Draft agendas and additional information regarding the Commission are available on our Web site:                     *http://www.cfa.gov*. Inquiries regarding the agenda and requests to submit written or oral statements should be addressed to Thomas Luebke, Secretary, U.S. Commission of Fine Arts, at the above address, or call 202-504-2200. Individuals requiring sign language interpretation for the hearing impaired should contact the Secretary at least 10 days before the meeting date.                 

Dated in Washington, DC, 25 September, 2008. 

Thomas Luebke, 

Secretary. 

[FR Doc. E8-23229 Filed 10-2-08; 8:45 am] 

BILLING CODE 6330-01-M
EXHIBIT 10.5.1



 EXHIBIT 10.5.1 
  
 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT 
  
 This First Amendment to Employment Agreement is made this 29th day of March 2004, by Highland Hospitality, L.P., a Delaware
limited partnership (the “Company”), and Highland Hospitality Corporation, a Maryland Corporation (the “REIT”), each with its principal place of business at 8405 Greensboro Drive, Suite 500, McLean, VA 22102 and Douglas W.
Vicari, residing at 464 Oradell Avenue, Oradell, New Jersey 07649 (the “Executive”). 
  
 WHEREAS, the Company and the REIT entered into that certain Employment Agreement dated October 24, 2003 (the “Employment Agreement”) with the Executive; 
  
 WHEREAS, the parties have agreed to amend the Employment Agreement to
reflect the fact that the REIT is the employing entity regularly paying the compensation to the Executive and the employing entity with primary responsibility for taking action with respect to Executive’s employment under the Employment
Agreement; and 
  
 WHEREAS, the parties desire to correct a
reference in Section 6(d)(vii)(C) of the Employment Agreement. 
  
 NOW THEREFORE, the parties agree as follows: 
  
 1. References in Sections 1, 4, 5 and 6 of the Employment Agreement to actions required or permitted to be taken by the “Company” shall be required or permitted to be taken by the “Company Group”. 
  
 2. The word “Company” in Section 6(d)(vii)(C) shall be replaced
with the word “REIT”. 
  
 3. Section 11(d) is amended to
read as follows: 
  
 “(d) Amendment. This Agreement
may be amended or modified only by a written instrument executed by both the REIT and the Executive, which amendment or modification is consented to by the Company.” 
  
 4. Section 11(g) is amended to read as follows: 
  
 “(g) Waiver. No delays or omission by the Company, the REIT or the Executive in exercising any right under this
Agreement shall operate as a waiver of that or any other right. A waiver or consent by the REIT shall not be effective unless consented to by the Company. A waiver or consent given by the Company Group or the Executive on any one occasion shall be
effective only in that instance and shall not be construed as a bar or waiver of any right on any other occasion.” 
  

 -1- 








 IN WITNESS WHEREOF, the parties have executed this First Amendment to Employment Agreement as of
the day and year first above written. 
  

			
	 HIGHLAND HOSPITALITY, L.P.

		
	By:	 	 HHC GP Corporation, its general
 partner

		
	By:	 	 /s/    James L. Francis

	 	 	

	 	 	 James L. Francis
 President and Chief Executive
Officer

	
	 DOUGLAS W. VICARI

	
	 /s/    Douglas W. Vicari

	

	
	 HIGHLAND HOSPITALITY CORPORATION

		
	By:	 	 /s/    James L. Francis

	 	 	

	 	 	 James L. Francis
 President and Chief Executive
Officer



  

 -2-
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 Streicher Mobile Fueling,
Inc. (the "Company") on Form 10-Q/A for the quarterly period ended September 30,
2004, as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), each of the undersigned hereby certifies, 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.

         A signed original of this written statement required by Section 906 has
been provided to Streicher Mobile Fueling, Inc. and will be retained by
Streicher Mobile Fueling, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.




/s/ Richard E. Gathright
---------------------------------------------------
Richard E. Gathright
President and Chief Executive Officer
February 11, 2005


/s/ Michael S. Shore
---------------------------------------------------
Michael S. Shore
Senior Vice President and Chief Financial Officer
February 11, 2005
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Case No. 11-cr-00297-REB

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. ERIC SHAWN COPELAND,

Defendant.

ORDER

Pursuant to and in accordance with the sentencing hearing held before the

Honorable Robert E. Blackburn, United States District Judge, on September 26, 2013,

IT IS ORDERED that Defendant Eric Shawn Copeland is sentenced to time

served.

Dated: September 26, 2013

BY THE COURT:

s/ Robert E. Blackburn 

ROBERT E. BLACKBURN,

UNITED STATES DISTRICT JUDGE
Case 1:11-cv-01764-PAB-KMT Document 12 Filed 07/26/11 USDC Colorado Page 1 of 2
Case 1:11-cv-01764-PAB-KMT Document 12 Filed 07/26/11 USDC Colorado Page 2 of 2
**EXHIBIT 32.2**

 

**CERTIFICATION BY CHIEF EXECUTIVE 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 of Isramco, Inc. (the "Company") on Form 10-K/A (Amendment No. 1) for the year ended December 31, 2018 (the "Report") filed with the Securities and Exchange Commission, I, Edy Francis, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1) The Company's 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.

 

*April 30, 2019          *

 

*/s/ EDY FRANCIS                                                  *

*EDY FRANCIS*

*CO-CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER*

*(PRINCIPAL FINANCIAL OFFICER)*

 

 

A SIGNED ORIGINAL OF THIS STATEMENT REQUIRED BY SECTION 906 HAS BEEN PROVIDED TO REGISTRANT AND WILL BE RETAINED BY REGISTRANT AND FURNISHED TO THE SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON REQUEST.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedue contains summary financial information extracted from 10-KSB and is
qualified in its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               JUN-30-1999
<CASH>                                          79,832
<SECURITIES>                                         0
<RECEIVABLES>                               13,034,429
<ALLOWANCES>                                   309,543
<INVENTORY>                                  6,084,709
<CURRENT-ASSETS>                            24,323,810
<PP&E>                                      10,812,230
<DEPRECIATION>                               2,865,220
<TOTAL-ASSETS>                              45,355,644
<CURRENT-LIABILITIES>                        9,690,656
<BONDS>                                      9,108,519
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         6,303
<OTHER-SE>                                  19,945,177
<TOTAL-LIABILITY-AND-EQUITY>                45,355,644
<SALES>                                     66,135,714
<TOTAL-REVENUES>                            66,135,714
<CGS>                                       43,912,587
<TOTAL-COSTS>                               17,424,019
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,235,483
<INCOME-PRETAX>                              3,682,653
<INCOME-TAX>                                 1,438,000
<INCOME-CONTINUING>                          2,244,653
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,244,653
<EPS-BASIC>                                       0.40
<EPS-DILUTED>                                     0.33


</TABLE>
#### GASOLINE PLANT CONST. CORPORATION v. BLAIR et al.

No. 3061.

Court of Appeal of Louisiana. First Circuit.

Feb. 2, 1949.

See also La.App., 38 So.2d 657.

Tate & Fusilier, of Ville. Platte, and Hirsch & Green; of Baton Rouge, for appellant.

E. Herman Guillory, of Ville Platte, for appellees.

ELLIS, Judge.

This matter is entitled “Supplemental Transcript” and is given the same docket number and title as the original transcript. The record discloses that on the 30th day of July, 1948, the defendants filed a motion to dissolve a preliminary injunction which was granted on the 14th day of April, 1948, and from which defendants secured a devolutive appeal on April 19, 1948, and which was at the date of the filing of the motion to dissolve, lodged on appeal in this Court, the First Circuit Court of Appeal.

The Court had originally signed an order making the rule returnable on August 14, 1948. On motion of the plaintiff, Gasoline Plant Construction Corporation, through its executive officer, B. A. P'adon, in proper person, a continuance was granted until September 15, 1948. On the 15th of September, 1948, plaintiff, through its-counsel,, excepted to the jurisdiction of the District Court on the ground that the defendants, and appellants had perfected a devolutive-appeal to this Court, and, therefore, the-District Court was divested of all jurisdiction in the case except for the purpose of attesting the sufficiency or legality of the-appeal bond furnished by the defendants-appellants for said appeal, the latter provision not being at issue.

It is well settled that upon the perfection of an appeal in any case, the lower-court becomes divested of all jurisdiction in the case and cannot grant a npw trial! nor set aside the judgment from which an appeal has been taken and perfected. State ex rel. Temple v. Vernon Parish School Board, La.App., 178 So. 176; Board of Com’rs. Fifth Levee Dist. v. Howard Land & Timber Co., 132 La. 911, 61 So. 868;. Jaenke v. Taylor, 161 La. 996, 109 So. 814; State v. Himel, Judge, La.App. 176 So. 413; Mundy v. Phillips, 157 La. 445, 446, 102 So. 519; Davidson v. Richard McCarthy Co., La.App., 166 So. 504; Horton v. Western Union Tel. Co., La.App., 200 So. 44; Mistich v. Holman, 205 La. 171, 17 So. 2d 23.

In the present case the record shows an. order of appeal was granted to the First Circuit Court of Appeal on April 19, 1948,. bond fixed and furnished -by the defendants on April *29;*1948. On June 11, 1948,. the transcript was lodged in this Court.. Therefore, under the jurisprudence, the District Court was divested of all jurisdiction except for the purpose of testing the-*663sufficiency of the bond filed by the defendants.

We are therefore of the opinion that the judgment of the Lower Court in sustaining the exception to the jurisdiction and dismissing the defendants’ motion was correct and it is accordingly affirmed at defendants’ costs.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Senior District Judge Richard P. Matsch

Civil Action No. 11-cv-01985-RPM-CBS

MELANIE LITTLEFIELD,

Plaintiff,

v.

COLLECTO, INC., d/b/a EOS CCA,

Defendant.

____________________________________________________________________________

ORDER FOR DISMISSAL

____________________________________________________________________________

Pursuant to the Stipulated Motion to Dismiss with Prejudice [10] filed September 29,

2011, it is

ORDERED that this action is dismissed with prejudice, each party to pay their own costs

and attorney fees. All remaining deadlines with respect to this matter are vacated.

DATED: September 30th, 2011 

BY THE COURT:

s/Richard P. Matsch

_________________________________

Richard P. Matsch, Senior District Judge

Case 1:11-cv-01985-RPM-CBS Document 11 Filed 09/30/11 USDC Colorado Page 1 of 1
**EXHIBIT 32.2**

 

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

 

In connection with the Quarterly Report on Form 10-Qof World Heart Corporation (the “Corporation”) for the quarter ended June 30,2009 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), the undersigned, David Pellone, Vice President, Finance andChief Financial Officer of the Corporation, hereby certifies, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002 that to his knowledge:

 

(1) The Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended, and

 

(2) The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Corporation as of June 30, 2009.

 
| Dated:  August 7, 2009 | /s/  David Pellone                       |
|-----------------------------|-----------------------------------------------|
|                        | David  Pellone, Vice President, Finance       |
|                        | and  Chief Financial Officer                  |
|                        | (Principal  Financial and Accounting Officer) |

 

“This certification accompanies the Form 10-Q towhich it relates, is not deemed filed with the Securities and ExchangeCommission and is not to be incorporated by reference into any filing of the Corporationunder the Securities Act of 1933, as amended, or the Securities Exchange Act of1934, as amended (whether made before or after the date of the Form 10-Q),irrespective of any general incorporation language contained in such filing.”

 

----
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Criminal Case No. 11-CR-000355-MK

UNITED STATES OF AMERICA,

Plaintiff,

v.

JOHN PHILLIP GALLEGOS,

Defendant,

and

ALASKA AIRLINES, INC.,

Garnishee.

MOTION FOR ENTRY OF GARNISHEE ORDER

Plaintiff United States of America respectfully moves for entry of a Garnishee 

Order directed to Alaska Airlines, Inc., Garnishee. As grounds therefore, the United 

States advises as follows:

1. Upon application of the United States, the Clerk of the Court issued a Writ 

of Garnishment, directed to Garnishee on April 30, 2014 [Doc. # 373].

2. As set forth in the attached Declaration of Sarah Leffler, the Writ of 

Continuing Garnishment and the Application for Writ of Garnishment were personally 

served on the Garnishee on April 30, 2014. Sarah Leffler Declaration, Ex. 1, ¶ 2; Proof 

of Service, Ex. 2.

Case No. 1:11-cr-00355-MSK Document 377 filed 07/15/14 USDC Colorado pg 1 of 3
3. The Application for Writ of Garnishment, Writ of Garnishment, and Clerk’s

Notice of Post-Judgment Garnishment, were mailed to the Defendant by the first class 

mail on May 8, 2014, at the last known address. These documents notified Defendant 

of the right to request, within twenty days, a hearing to determine exempt property. 

Sarah Leffler Decl., Ex. 1 ¶ 3.

4. The Garnishee filed an answer on June 6, 2014 [Doc. #376], stating that it 

had in its possession or under its control personal property belonging to and due 

Defendant, and that it was indebted to Defendant in the form of a 401k account.

5. Defendant has not filed a request for a hearing.

WHEREFORE, pursuant to 28 U.S.C. § 3205(c)(7), the United States respectfully 

requests that the Court enter a Garnishee Order directing the Garnishee to pay to the 

United States the funds from the account belonging to the Defendant.

Respectfully submitted,

JOHN F. WALSH

United States Attorney

Dated: July 15, 2014 By: _s/ Elizabeth M. Froehlke__

ELIZABETH M. FROEHLKE

Special Assistant U.S. Attorney

1225 17th Street, Suite 700

Denver, CO 80202

Phone: 303-454-0126

Fax: 303-454-0407

Elizabeth.Froehlke@usdoj.gov

Attorneys for Plaintiff

United States of America

Case No. 1:11-cr-00355-MSK Document 377 filed 07/15/14 USDC Colorado pg 2 of 3
CERTIFICATE OF SERVICE

I hereby certify that on July 15, 2014, I electronically filed the foregoing with the 

Clerk of the Court using the ECF system which will send notification of such filing to the 

following email addresses:

Elizabeth.Froehlke@usdoj.gov

In addition, I hereby certify that I have mailed the document to the following CM/ECF 

participants:

Garnishee address:

Alaska Airlines, Inc.

ATTN: Dianne Hertz, Legal Dept.

19300 International Blvd., SEAZL

Seattle, WA 98188

Defendant address:

John Phillip Gallegos

5940 California Ave S.W. #F

Seattle, WA 98136

s/ Patricia McGee-Wake

United States Attorney’s Office

Case No. 1:11-cr-00355-MSK Document 377 filed 07/15/14 USDC Colorado pg 3 of 3