alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Richard Schneider, Respondent-Appellant, v George F. Hand, Jr., Appellant-Respondent.

[744 NYS2d 899]

In an action, inter alia, to recover damages for legal malpractice, the defendant appeals from so much of an order of the Supreme Court, Nassau County (Martin, J.), entered June 11, 2001, as denied those branches of his motion which were pursuant to CPLR 3211 (a) (7) to dismiss the first and second causes of action for failure to state a cause of action, and the plaintiff cross-appeals from so much of the same order as granted that branch of the defendant’s motion which was pursuant to CPLR 3211 (a) (7) to dismiss the third cause of action for failure to state a cause of action and denied his cross motion to impose sanctions against the defendant and his attorney.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

The Supreme Court properly denied those branches of the defendant’s motion which were pursuant to CPLR 3211 (a) (7) to dismiss the plaintiff’s first and second causes of action for failure to state a cause of action. On a motion to dismiss pursuant to CPLR 3211 (a) (7), the court must determine, accepting as true the factual averments of the complaint and according the plaintiff the benefit of all favorable inferences, whether the plaintiff can succeed upon any reasonable view of the facts as stated (see *Board of Educ. v County of Westchester,*282 AD2d 561). Construing the allegations of the complaint and the plaintiff’s affidavit submitted in opposition to the motion, and affording him every favorable inference, the plaintiff has alleged sufficient material facts to give rise to cognizable causes of action to recover damages for breach of contract and legal malpractice *(see Kramer v Belfi,*106 AD2d 615).

The Supreme Court properly dismissed the third cause of action to recover damages for negligent misrepresentation. The plaintiff failed to allege with specificity how the defendant’s alleged tax advice was erroneous *(see*CPLR 3016 [b]; *Tarzia v Brookhaven Natl. Lab.,*247 AD2d 605) or that he suffered actual economic injury as a result of the purported misrepresentation.

Finally, the Supreme Court providently exercised its discretion in denying the plaintiff’s cross motion to impose sanctions against the defendant and his attorney. The record does not support the plaintiff’s contention that the defendant engaged in frivolous conduct by moving to dismiss the complaint *(see*22 NYCRR 130-1.1 [a]). Florio, J.P., O’Brien, Krausman and Schmidt, JJ., concur.
EXHIBIT 32.1

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, 2006 as filed with
the Securities and Exchange Commission on the date hereof (the Report) by Beverly Hills Bancorp Inc. (the Company), the undersigned officer of the Company hereby certifies pursuant to 18 U.S.C. § 1350, as Adopted
Pursuant to Section 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, 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 5, 2006 |  |  |  | /s/    LARRY B. FAIGIN    
|                  |  |  |  | Larry B. Faigin           
|                  |  |  |  | Chief Executive Officer   

The foregoing certification is being furnished to the Securities and Exchange Commission as an exhibit to the Form
10-Q and shall not be considered filed as part of the Form 10-Q.
Case 1:11-cv-02388-REB-KLM Document 21 Filed 01/04/12 USDC Colorado Page 1 of 5
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Case 1:11-cv-02388-REB-KLM Document 21 Filed 01/04/12 USDC Colorado Page 3 of 5
Case 1:11-cv-02388-REB-KLM Document 21 Filed 01/04/12 USDC Colorado Page 4 of 5
Case 1:11-cv-02388-REB-KLM Document 21 Filed 01/04/12 USDC Colorado Page 5 of 5
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Robert E. Blackburn

Criminal Case No. 11-cr-00368-REB

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. ARTURO MIRANDA-CINTO,

Defendant.

MINUTE ORDER1

On April 6, 2012, the court conducted a telephonic setting conference to reset the

sentencing hearing in this matter. After conferring with counsel and with their consent, 

IT IS ORDERED as follows:

1. That on June 1, 2012, commencing at 1:30 p.m., the court shall conduct the

sentencing hearing in this matter; and

2. That, to the extent necessary, the United States Marshal for the District of

Colorado shall assist the court in securing the defendant’s appearance for this hearing. 

Dated: April 6, 2012

1

 This minute order is issued pursuant to the express authority of the Honorable Robert E. 

Blackburn, United States District Judge for the District of Colorado.

Case 1:11-cr-00368-REB Document 30 Filed 04/06/12 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 Heritage Bankshares, Inc. (the Company) on Form 10-K for the year ending December 31, 2010, as filed with the Securities Exchange Commission
(the Report), I, Michael S. Ives, Chief Executive Officer of the Company, do hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my
knowledge:

1. The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934; and

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



|                     |  |                                    
|-------------------- |  | -----------------------------------
|Date: March 28, 2011 |  | /s/ Michael S. Ives                
|                     |  | Michael S. Ives,                   
|                     |  | President & Chief Executive Officer



80
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 22-0465

STATE OF MONTANA,

Plaintiff and Appellee,

v.

MICHAEL LEE MARFUTA, JR.,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including March 29, 2023, within which to prepare, file, 

and serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

February 21 2023

02/21/2023

Case Number: DA 22-0465
<PAGE>

                                                                     EXHIBIT 4.1

                  [LOGO OF EAGLE AND U.S. FLAG APPEARS HERE]



[CERTIFICATE NUMBER                                      [NUMBER OF SHARES
     APPEARS HERE]                                            APPEARS HERE]

             INCORPORATED UNDER THE LAWS OF THE STATE OF DELAWARE

                               GLOBALSCAPE, INC.
  The Corporation is authorized to issue 15,000,000 Common Shares - Par Value
                                  $0.001each


THIS CERTIFIES THAT ____________________________________________________ is the
registered holder of _______________________________ fully paid and non-
assessable Shares of the above Corporation transferable only on the books of the
Corporation by the holder hereof in person or by duly authorized Attorney upon
surrender of this Certificate properly endorsed.

IN WITNESS WHEREOF, the said Corporation has caused this Certificate to be
signed by its duly authorized officers and to be sealed with the Seal of the
Corporation .

Dated _________________


                      [SEAL OF THE COMPANY APPEARS HERE]



-----------------------------            ------------------------------------
Secretary                                President

_____________________________[Back of Certificate]___________________________


For value received the undersigned hereby sells[], assigns and transfers unto
________________ __________________________________ Shares represented by the
within certificate, and hereby irrevocably constitutes and appoints
_______________________________ Attorney to transfer the said shares on the
books of the within-named Corporation with full power of substitution in the
premises.

Dated, _____________________
In the presence of                   ________________________________________
_______________________________


     THE TRANSFER AND RIGHTS OF SECURITIES REPRESENTED BY THIS CERTIFICATE
     ARE RESTRICTED BY THE TERMS AND CONDITIONS AS SET FORTH IN THE BYLAWS
     OF THE CORPORATION, DATED AS OF MAY 8, 2000.  A COPY OF THE BYLAWS WILL
     BE FURNISHED WITHOUT CHARGE TO THE RECORD HOLDER HEREOF UPON WRITTEN
     REQUEST BY SUCH HOLDER TO THE CORPORATION AT ITS PRINCIPAL PLACE OF
     BUSINESS OR REGISTERED OFFICE.

<PAGE>

NOTICE: THE SIGNATURE OF THIS ASSIGNMENT MUST CORRESPOND WITH THE NAME AS
WRITTEN UPON THE FACE OF THE CERTIFICATE IN EVERY PARTICULAR, WITHOUT ALTERATION
OR ENLARGEMENT OR ANY CHANGE WHATEVER.
UNITED STATES DISTRICT COURT 

 FOR THE DISTRICT OF COLORADO 

Criminal Case No. 11-cr-00364-WYD 

UNITED STATES OF AMERICA, 

Plaintiff, 

v. 

1. RAMON ACOSTA-BALLESTEROS, 

Defendant. 

MINUTE ORDER 

ORDER ENTERED BY CHIEF JUDGE WILEY Y. DANIEL 

A Notice of Disposition, [ECF No. 12], was filed in the above matter on November 

4, 2011. A Change of Plea hearing is set for Friday, December 9, 2011 at 4:00 p.m. 

Accordingly the trial set for November 21, 2011 is VACATED. 

Counsel for the parties shall deliver all change of plea documents 

separately to Judge Daniel’s chambers AND to the Probation Department not later 

than 72 HOURS before the hearing date. If the documents are not timely submitted, 

the hearing will be VACATED. There will be no exceptions to this policy, and 

sanctions may be imposed for failure to comply.

 Dated: November 7, 2011 

Case 1:11-cr-00364-WYD Document 13 Filed 11/07/11 USDC Colorado Page 1 of 1
#### Mellon *v.*City of Pittsburg, Appellant.

Argued Nov. 3, 1909.

Appeal, No. 46,

Oct. T., 1909, by defendants, from decree of C. P. No. 2, Allegheny Co., July T., 1908, No. 691, on bill in equity in case of R. B. Mellon et al. v. City of Pittsburg et al.

Before Mitchell, C. J., Fell, Brown, Mestrezat, Potter, Elkin and Stewart, JJ.

Affirmed.

Opinion B\

Mr. Justice Stewart,

January 3, 1910:

This appeal raises no other questions than those considered in the case of Pennsylvania Water Company v. City of Pittsburg, 226 Pa. 624, just decided. For reasons appearing in the opinion there, this appeal is dismissed at costs of appellants and the decree affirmed.
[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Notices]
[Page 58288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23428]


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

 SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i> 11411]


Florida Disaster Number FL-00036

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 6.

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

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for Public Assistance Only for the State of Florida 
(FEMA-1785-DR), dated 08/24/2008.
    Incident: Tropical Storm Fay.
    Incident Period: 08/18/2008 through 09/12/2008.

DATES: Effective Date: 09/24/2008.
    Physical Loan Application Deadline Date: 10/23/2008.
    Economic Injury (EIDL) Loan Application Deadline Date: 05/25/2009.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: The notice of the President's major disaster 
declaration for Private Non-Profit organizations in the State of 
Florida, dated 08/24/2008, is hereby amended to include the following 
areas as adversely affected by the disaster.

Primary Counties: Lee.

    All other counties contiguous to the above named primary county 
have previously been declared.
    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

Herbert L. Mitchell,
Associate Administrator for Disaster Assistance.
 [FR Doc. E8-23428 Filed 10-3-08; 8:45 am]
BILLING CODE 8025-01-P
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JONATAN PEREZ,

Appellant,

v.

THE STATE OF TEXAS,

Appellee.

§

§

§

§

§

No. 08-19-00155-CR

Appeal from the

409th District Court

of El Paso County, Texas

(TC# 20180D03845)

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the 

judgment. We therefore affirm the judgment of the court below. This decision shall be certified 

below for observance.

IT IS SO ORDERED THIS 21ST DAY OF JUNE, 2021.

GINA M. PALAFOX, Justice

Before Rodriguez, C.J., Palafox, and Alley, JJ.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Kathleen M. Tafoya

Civil Action No. 11–cv–01989–REB–KMT

AZEB KALEWOLD,

Plaintiff,

v. 

HOSPITAL SHARED SERVICES INC., (Doing Business as HSS Inc.),

WAYNE V. SCHELL, as President,

SALLY MARTINEZ, as Workers Compensation Manager,

TRI-STAR RISK MANAGEMENT, and

ALVARO HARO, as Claim Adjuster,

Defendants.

MINUTE ORDER

ORDER ENTERED BY MAGISTRATE JUDGE KATHLEEN M. TAFOYA

“Plaintiff’s Motion to Amend Complaint to Conform with Evidence” (Doc. No. 24, filed

November 11, 2011) is GRANTED, pursuant to Fed. R. Civ. P. 15(a)(2). Plaintiff shall file her

Third Amended Complaint and Jury Demand no later than November 21, 2011. 

Dated: November 15, 2011

Case 1:11-cv-01989-REB-KMT Document 29 Filed 11/15/11 USDC Colorado Page 1 of 1
Exhibit 32

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION
                      905 OF THE SARBANES-OXLEY ACT OF 2002


The undersigned hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant  to  Section 906 of the Sarbanes-Oxley Act of 2002, that this Quarterly
Report  on  Form 10-QSB for the quarter ended March 31, 2005 fully complies with
the  requirements  of  Section  13(a) or 15(d) of the Securities Exchange Act of
1934,  as amended, and the information contained in such report fairly presents,
in  all  material respects, the financial condition and results of operations of
the Company.

This 10th day of May, 2005.


/s/ JUDY B. TURNER
------------------
Judy B. Turner
President, Chief Executive Officer and
Principal Financial and Accounting Officer
Case No. 1:11-cr-00355-MSK   Document 370-3   filed 04/29/14   USDC Colorado   pg 1 of 10

Case No. 1:11-cr-00355-MSK   Document 370-3   filed 04/29/14   USDC Colorado   pg 2 of 10

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Case No. 1:11-cr-00355-MSK   Document 370-3   filed 04/29/14   USDC Colorado   pg 7 of 10

Case No. 1:11-cr-00355-MSK   Document 370-3   filed 04/29/14   USDC Colorado   pg 8 of 10

Case No. 1:11-cr-00355-MSK   Document 370-3   filed 04/29/14   USDC Colorado   pg 9 of 10

Case No. 1:11-cr-00355-MSK   Document 370-3   filed 04/29/14   USDC Colorado   pg 10 of 10
**Exhibit 32.1**

** **

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO SECTION 906**

**OFTHE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Intraware, Inc. (the “Company”) on Form 10-Q for theperiod ended August 31, 2005, as filed with the Securities and ExchangeCommission on the date hereof (the “Form 10-Q”), I Peter H. Jackson,Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. §1350,as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)           The Form 10-Q fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.78m or 78o(d)); and

 

(2)           The information contained in the Form 10-Q fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

Dated:    January 6, 2006

 
| /s/  PETER H. JACKSON                            |   |
|------------------------------------------------------------|--------|
| Peter H.  Jackson                                     |
| *Chairman,  Chief Executive Officer and President of* |
| *Intraware,  Inc.*                                         |
| *(Principal  Executive Officer)*                           |

** **

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350,**

**ASADOPTED PURSUANT TO SECTION 906**

**OFTHE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Intraware, Inc. (the “Company”) on Form 10-Q for theperiod ended August 31, 2005, as filed with the Securities and ExchangeCommission on the date hereof (the “Form 10-Q”), I Wendy A. Nieto,Chief Financial Officer and Executive Vice President of Technology andOperations, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906of the Sarbanes-Oxley Act of 2002, that:

 

(1)           The Form 10-Q fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.78m or 78o(d)); and

 

(2)           The information contained in the Form 10-Q fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

Dated:    January 6, 2006

 
| /s/  WENDY A. NIETO            |   |
|------------------------------------------|--------|
| Wendy A.  Nieto                     |
| *Chief  Financial Officer and Executive* |
| *Vice  President of Intraware, Inc.*     |
| *(Principal  Financial Officer)*         |

 

----
#### ROBERSON v. BALTHAZAR et al. (GAHAGAN, Intervenor).

No. 7123.

Court of Appeal of Louisiana. Second Circuit.

Oct. 31, 1947.

Gahagan & Pierson, of Natchitoches, for appellants.

Watson & Williams, of Natchitoches, for appellee.

HARDY, Judge.

This suit was consolidated for trial with the action of Minevia Rachal v. Larry Balthazar et al., La.App., 32 So.2d 483.

The facts and the issues presented in the two cases are identical and the only difference in the judgments rendered is with reference to the amounts awarded as damages.

For the reasons particularly set forth in the opinion to which reference is above made, there is judgment herein amending and recasting the judgment rendered by the Judge of the Tenth Judicial District Court, in and for the Parish of Nachitoches, State of Louisiana, to read as follows, to-wit:

> “It is ordered, adjudged and decreed that there be judgment herein in favor of the plaintiff, Fannie Wilson Roberson, and against the defendant, Larry Balthazar, in the full sum of Four Thousand ($4,000.00) Dollars, with five (5%) per annum interest thereon from date of judicial demand until paid, and for all costs of these proceedings.

It is further ordered, adjudged and decreed that the pretended sale of the following described property, to-wit:

All of Larry Balthazar’s undivided right, title and interest in and to that certain tract of land on the right descending bank of Cane River in Natchitoches Parish, Louisiana, containing 52 acres, bounded in front by Cane River, in the rear of Conant, above by Guy Tolar and below by Conant.

One F20 Farmall Tractor, serial No. FA81978

One set of 210G tractor cultivators

One set of long beam middlebusters for tractor

One two-row corn and Cotton planter for tractor, John Deere Model, 536

One John Deere Tractor Disc harrow

One 11⁄2 ton Chevrolet truck, Motor No. T5418242

One two wheel trailer

*483One white-face cow with calf

One red cow with white spots in her face made by Larry Balthazar, one of the defendants herein, to Bernie Balthazar, the other defendant herein, by act passed before Russell E. Gahagan, Notary Public for this Parish, on the 25th day of February, 1946, and registered in the Conveyance Office of the Parish of Nachitoches under Original No. 85023, be set aside, voided and annulled.”

It is further ordered, adjudged and decreed that all costs of both courts are taxed against defendants.

KENNON, J., absent.
N OTE : This o rder is non precedential. 

# United States **Court of Appeals**  **for the Federal Circuit**

______________________ JIMMI TYLER REBISH, Petitioner

,

v.

MERIT SYSTEMS PROTEC TION BOARD , Respondent

.

______________________

2014

- 3085

______________________ Petition for review of the Merit Systems Protection Board in No. SF

- 1221

- 13

- 0494 -W- 1.

---------------------------------------------------------------------
JIMMI TYLER REBISH, Petitioner,

v.

MERIT SYSTEMS PROTEC TION BOARD , Respondent.

______________________

2014

- 3087

______________________ Case: 14-3085 Document: 24 Page: 1 Filed: 10/03/2014REBISH v. M SPB 2

Petition for review of the Merit Systems Protection Board in No. SF

- 0752

- 13

- 0362 -I- 1.

______________________
ON MOTION

______________________ P ER C URIAM

.

O R D E R
Jimmi Tyler Rebish moves to reconsider his “prior motions” in the above

- captioned petitions for review

. In particular, Rebish asks the court to reconsider its July 18, 2014 order denying his request to transf er to the Federal Mediation and Conciliation Service or the U.S. Depar tment of the Interior’s Office of Collaborative Action and Dispute Resolution . Rebish also requests a 90

- day stay of proceedings so he can obtain legal counsel.

The court notes that the order for which Rebish seeks reconsideration was issued on July 18, 2014. Because Rebish’s motion for reconsideration is untimely, the court will not consider the merits of the motion. See Fed. Cir. R. 27(l).
Accordingly

, I T I S O RDERED T HAT : (1) The motion for reconsideration is denied.
(2) Rebish ’s motion for a stay is granted to the extent that he may file his reply brief s within 90 days of the date of filing of this order. No further extensions should be anticipated. Case: 14-3085 Document: 24 Page: 2 Filed: 10/03/2014REBISH v. M SPB 3

F OR THE C OURT

/s/ Daniel E. O’Toole Daniel E. O’Toole Clerk of Court

s30 Case: 14-3085 Document: 24 Page: 3 Filed: 10/03/2014