alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order filed November 1 , 2022.

In The 

## Fourteenth Court of Appeals

NO. 14

- 22

- 00791

- CV

IN RE FECON, INC. , Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 269th District Court Harris County, Texas Trial Court Cause No. 20 19

- 69076



### O RDE R

On October 27, 2022
, relator F econ, Inc. filed a petition for writ of

m andamus in this Court. See Tex. Gov’t Code Ann. § 22.221; see also Tex. R. App. P. 52. In the petition, relator asks this Court to compel the Honorab le Corey
Don Sepolio, presiding judge of the 269th Di s trict Court of Harris County
, t o vacate the trial court’s February 18 and Feb ruary 24 , 2022 order s finding that
“Plaintiffs have demonstrated a substantial likelihood of success on their claims for exemplary damages in accordance with CPRC chapter 41.”2

R el ator also has filed a motion for temporary relief. See Tex. R. App. P. 52.8(b), 52.10. Relator requests this Court to stay the trial court’ s order of October
14 , 2022 requiring production of net worth evidence by November 4, 2022 pending
this Court’s c on sideration of the merits of relator’s petition. It appears from the facts stated in the petition and motion that relator’s request for mand amus relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is g ranted. We therefore grant relator’s motion for temporary relief and issue the following order:

We order the trial court’s October 14 , 20 22 order requiring production of net worth evidence by November 4, 2022 stayed until a final decision by this Court on relator’s petition for writ of mandamus, or until further order of this C ourt. In addition, the Court requests the real parties in intere st, to file a response to the petition for writ of mandamus on or before November 18 , 2022. See Tex. R. App. P. 52. 4.

PER CURIAM

Panel c onsists of Chief Justice Christopher and Justices Zimmerer and Wilson.
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



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 Annual Report on Form 10-KSB for the year ended December 31, 2003 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 649.com Inc.



|                                                               |  |  |  |                     
|-------------------------------------------------------------- |  |  |  | --------------------
|                                                               |  | 
|/s/ John Kurz                                                  |  |  |  | Date: April 14, 2004
|                                                               |  |  |  |                     
|John Kurz Executive Vice President and Chief Financial Officer |  |  |  |
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-7376

SUNDARI K. PRASAD, f/k/a Aurealia N. Nelson,

Plaintiff - Appellant,

v.

DELTA SIGMA THETA SORORITY, INC., ETA Tau Chapter,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Richmond. M. Hannah Lauck, District Judge. (3:16-cv-00897-MHL-RCY)

Submitted: February 22, 2018 Decided: February 27, 2018

Before TRAXLER and DUNCAN, Circuit Judges, and HAMILTON, Senior Circuit 

Judge.

Affirmed by unpublished per curiam opinion.

Sundari K. Prasad, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Sundari K. Prasad appeals the district court’s order dismissing as frivolous 

Prasad’s civil rights action against Delta Sigma Theta Sorority, Inc., because the claims 

raised therein were barred by the applicable statutes of limitations.*

 On appeal, we 

confine our review to the issues raised in the Appellant’s brief. See 4th Cir. R. 34(b). 

Prasad does not challenge the basis for the district court’s disposition in her informal 

brief. Thus, Prasad has forfeited appellate review of the court’s order. See Williams v. 

Giant Food Inc., 370 F.3d 423, 430 n.4 (4th Cir. 2004). Accordingly, we affirm the 

district court’s judgment. We dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before this court and argument 

would not aid the decisional process.

AFFIRMED

 * The district court dismissed this action after conducting frivolity review pursuant 

to 28 U.S.C. § 1915(e)(2) (2012).
Exhibit 32.02

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 Sbarro, Inc. (the Company) on Form 10-Q for the period ended
March 28, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Carolyn M. Spatafora, Chief Financial Officer of the Company, certify, to the best of my knowledge, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that to my knowledge:



| | (1) | The Report fully complies with the requirements of Section 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: May 10, 2010                          
|                                            
|/s/ Carolyn M. Spatafora                    
|Carolyn M. Spatafora                        
|Chief Financial Officer                     
|(Principal Financial and Accounting Officer)

NOTE: A signed original of this certification has been provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1728 Reported in Senate (RS)]

                                                       Calendar No. 359
110th CONGRESS
  1st Session
                                S. 1728

                          [Report No. 110-161]

 To amend the National Parks and Recreation Act of 1978 to reauthorize 
        the Na Hoa Pili O Kaloko-Honokohau Advisory Commission.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 28, 2007

   Mr. Akaka introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                           September 17, 2007

              Reported by Mr. Bingaman, without amendment

_______________________________________________________________________

                                 A BILL

 
 To amend the National Parks and Recreation Act of 1978 to reauthorize 
        the Na Hoa Pili O Kaloko-Honokohau Advisory 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 ``Na Hoa Pili O Kaloko-Honokohau 
Advisory Commission Reauthorization Act of 2007''.

SEC. 2. NA HOA PILI O KALOKO-HONOKOHAU ADVISORY COMMISSION.

    Section 505(f)(7) of the National Parks and Recreation Act of 1978 
(16 U.S.C. 396d(f)(7)) is amended by striking ``ten years after the 
date of enactment of the Na Hoa Pili Kaloko-Honokohau Re-establishment 
Act of 1996'' and inserting ``on Decmber 31, 2017''.
                                                       Calendar No. 359

110th CONGRESS

  1st Session

                                S. 1728

                          [Report No. 110-161]

_______________________________________________________________________

                                 A BILL

 To amend the National Parks and Recreation Act of 1978 to reauthorize 
        the Na Hoa Pili O Kaloko-Honokohau Advisory Commission.

_______________________________________________________________________

                           September 17, 2007

                       Reported without amendment
```
#### The Cincinnati Goodwill Industries *v.*Neuerman.

(No. 25516

Decided December 26, 1935.)

*Messrs. Lorbach £ Garver,*for plaintiff in error.

*Messrs. Harmon, Colston, Goldsmith £ Hoadly, Mr. Henry B. Street*and *Mr. Morris C. Bristol,*for defendant in error.

It appears from the record that the trial court overruled motions of the defendant for a directed verdict, as well as' a motion for judgment contra verdict, and granted a motion for a new trial. Thereupon defendant prosecuted error to the Court of Appeals, which dismissed the petition in error and cross-petition in error for the reason that there was no judgment or final order in the Court of Common Pleas.

The Court of Appeals granted an order to certify the record on the ground of conflict with *Toney*v. *Jenhins,*47 Ohio App., 248, 191 N. E., 828, and *Union Gas & Electric Co.*v. *Hill,*49 Ohio App., 20, 194 N. E., 884.

*335On consideration whereof it is ordered and adjudged that the judgment of said Court of Appeals be, and the same hereby is, reversed and the cause is remanded to the Court of Appeals for the reason that the action of the trial court in overruling the motions of defendant for a directed verdict and for judgment contra verdict and granting the motion for a new trial constituted a final order from which error may be prosecuted. Therefore the Court of Appeals had jurisdiction. *Jacob Laub Baking Co.*v. *Middleton,*118 Ohio St., 106, 160 N. E., 629; *Chris Boll Hardware Co.*v. *Logan Brick Supply Co.,*84 Ohio St., 455, 95 N. E., 1144; *Davis*v. *Turner,*69 Ohio St., 101, 68 N. E., 819.

*Judgment reversed and cause remanded.*

Stephenson, Jones, Matthias, Day and Zimmerman, JJ., concur.

Williams, J., dissents.
# Fourth Court of Appeals San Antonio, Texas March 3, 2022 No. 04-21-00448-CV CERTAIN UNDERWRITERS AT LLOYD'S LONDON , Appellant
v. IMPLICITY MANAGEMENT COMPANY ,

Appellee From the 224th Judicial District Court, Bexar County, Texas

Trial Court No. 2017CI16323 Honorable Antonia Arteaga, Judge Presiding



### O R D E R Appellant has filed an unopposed motion to stay this appeal, explaining that the parties “have reached a confidential, conditional settlement of this matter.” However, appellant states it is unwilling to voluntarily dismiss this appeal at this time, because the settlement is conditional and no final settlement agreement has been reached. Thus, appellant requests that this appeal is stayed until a final settlement agreement has been reached. We GRANT IN PART AND DENY IN PART appellant’s motion. This appeal is STAYED until September 2, 2022. We ORDER the parties to file a written status of the settlement proceedings on or before September 2, 2022.

_________________________________ Liza A. Rodriguez, Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 3rd day of March, 2022.

___________________________________ MICHAEL A. CRUZ, Clerk of Court
**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 theQuarterly Report of Cyanotech Corporation (the “Company”) on Form 10-Q forthe period ended June 30, 2008 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Andrew H. Jacobson, Presidentand Chief Executive 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 Report fully complies with therequirements of Section 13(a) or 15(d) of the SecuritiesExchange Act (15 U.S.C. 78m or 78o (d)); and

 

2)                                      The information contained in the Reportfairly presents, in all material aspects, the financial condition and resultsof operations of the Company.

 
| Date:  |      August 14, 2008 |   | /s/ Andrew H. Jacobson              |
|--------|-----------------------------------------------|--------|-------------------------------------|
|   |                                          |   | Andrew H. Jacobson                  |
|   |                                          |   | President, Chief  Executive Officer |

 

----
**Exhibit 23.1**

**Consent of Independent Registered Public Accounting Firm**

The Board of Directors 

Dividend Capital Trust Inc.: 

We consent to theincorporation by reference in registration statement No. 333-122260 on Form S-11 and registration statement Nos. 333-113170 and 333-116929 on Form S-3, of Dividend Capital Trust Inc. of our reports dated March 7, 2006, with respect to theconsolidated balance sheets of Dividend Capital Trust Inc. and subsidiaries as of December 31, 2005 and 2004, and the related consolidated statements of operations, shareholders’ equity (deficit) and other comprehensive income (loss), and cashflows for each of the years in the three-year period ended December 31, 2005, and the related financial statement schedule, which reports appear in the December 31, 2005 annual report on Form 10-K of Dividend Capital Trust Inc. 

**KPMG LLP**

Denver, Colorado

March 14, 2006
II 

110TH CONGRESS 

1ST SESSION S. 180 

To provide a permanent deduction for State and local general sales taxes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 4, 2007 

Mrs. HUTCHISON (for herself, Mr. CORNYN, Mr. ALEXANDER, Mr. ENSIGN, 

Mr. ENZI, Mr. MARTINEZ, Mr. THUNE, and Mr. STEVENS) introduced 

the following bill; which was read twice and referred to the Committee 

on Finance 

A BILL 

To provide a permanent deduction for State and local general 

sales taxes. 

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

3 SECTION 1. PERMANENT EXTENSION OF DEDUCTION OF 

4 STATE AND LOCAL GENERAL SALES TAXES. 

5 Subparagraph (I) of section 164(b)(5) of the Internal 

6 Revenue Code of 1986, as amended by section 103 of divi7 sion A of the Tax Relief and Health Care Act of 2006, 

8 is amended by striking ‘‘, and before January 1, 2008’’. 

Æ 


hmoore on PROD1PC68 with HMBILLS
Exhibit 10.10

June 30, 2007

Graham Capital Management, L.P.
Rock Ledge Financial Center
40 Highland Avenue
Rowayton, CT 06853

Attention: Mr. Paul Sedlack

Re:    Management Agreement Renewals

Dear Mr. Sedlack:

We are writing with respect to your management agreements concerning the commodity pools to which reference is made below (the ‘‘Management Agreements’’). We are extending the term of the Management Agreements through June 30, 2008 and all other provisions of the Management Agreements will remain unchanged.

| |   |                                         
| | - | ----------------------------------------
| | • | Smith Barney Global Markets Futures Fund

| |   |                                              
| | - | ---------------------------------------------
| | • | Smith Barney Diversified Futures Fund L.P. II

| |   |                                           
| | - | ------------------------------------------
| | • | Smith Barney Diversified Futures Fund L.P.

| |   |                                                        
| | - | -------------------------------------------------------
| | • | Salomon Smith Barney Diversified 2000 Futures Fund L.P.

| |   |           
| | - | ----------
| | • | AURORA III

| |   |                                                 
| | - | ------------------------------------------------
| | • | Salomon Smith Barney Fairfield Futures Fund L.P.

| |   |                                        
| | - | ---------------------------------------
| | • | Citigroup Diversified Futures Fund L.P.

| |   |                                         
| | - | ----------------------------------------
| | • | Citigroup Fairfield Futures Fund L.P. II

| |   |                            
| | - | ---------------------------
| | • | CMF Graham Master Fund L.P.

Please acknowledge receipt of this modification by signing one copy of this letter and returning it to the attention of Ms. Jennifer Magro at the address above or fax to 212-793-1986. If you have any questions I can be reached at 212-559-5046.

Very truly yours,

CITIGROUP MANAGED FUTURES LLC

By:/s/ Jennifer Magro
Jennifer Magro
Chief Financial Officer & Director

By:/s/ Paul Sedlack

Print Name:Paul Sedlack

JM/sr

---
Exhibit 32.2 JAVA EXPRESS, Inc. Certification Of Principal Financial Officer
Pursuant To 18 U.S.C. Section 1350, As Adopted Pursuant To
Section 906 Of The Sarbanes-Oxley Act Of 2002 In connection with the annual report of Java Express, Inc. (the Company) on Form 10-K for the year ended March 31, 2009, Del Higginson hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to section 906 of the Sarbanes-Oxley Act of 2002, that: (1) The annual report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and (2) The information contained in the annual report fairly presents, in all material respects, the financial condition and results of operations of the Company for the periods presented therein. Date: June 25, 2009 /s/ Del Higginson Del Higginson Principal Financial Officer
Exhibit 31.1
I, Charles Fust, certify that:
1. I have reviewed this annual report on Form 10-KSB of SinoFresh HealthCare,Inc.;
2. Based on my knowledge, this annual report does not contain any untruestatement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by this annualreport;
3. Based on my knowledge, the consolidated financial statements, and otherfinancial information included in this annual report, fairly present in allmaterial respects the financial condition, results of operations and cash flowsof the small business issuer as of, and for, the periods presented in thisannual report;
4. The small business issuer’s other certifying officer(s) and I areresponsible for establishing and maintaining disclosure controls and procedures(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the smallbusiness issuer and we have:
 (a) designed such disclosure controls and procedures or caused suchdisclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to the smallbusiness issuer is made known to us by others, particularly during theperiod in which this annual report is being prepared;
 (b) evaluated the effectiveness of the small business issuer’sdisclosure controls and procedures and presented in this report ourconclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based onsuch evaluation; and
 (c) disclosed in this report any change in the small business issuer’sinternal controls over financial reporting that occurred during thesmall business issuer’s most recent fiscal year that has materiallyaffected, or is reasonably likely to materially effect, the smallbusiness issuer’s internal controls over financial reporting; and
5. The small business issuer’s other certifying officer(s) and I havedisclosed, based on our most recent evaluation, to the small business issuer’sauditors and the audit committee of the small business issuer’s Board ofDirectors (or persons performing equivalent functions);
 (a) all significant deficiencies in the design or operation of internalcontrol over financial reporting which are reasonably likely toadversely affect the small business issuer’s ability to record,process, summarize and report financial information; and
 (b) any fraud, whether or not material, that involves management orother employees who have a significant role in the small businessissuer’s internal controls over financial reporting.
/s/ CharlesFustCharles Fust
EXHIBIT 31.1

CERTIFICATION PURSUANT TO RULE 13a-14/15d-14(d) OF THE SECURITIES EXCHANGE ACT OF 1934

I, Timothy D. Hart, certify that:

1.    I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of First National Master Note Trust (the Exchange Act periodic reports);

2.    Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;

4.    I am responsible for reviewing the activities performed by the servicers and based on my knowledge and the
compliance reviews conducted in preparing the servicer compliance statements required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under
the servicing agreements in all material respects; and

5.    All of the reports on assessment of compliance with
servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB
and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of
noncompliance described in such reports have been disclosed in this report on Form 10-K.

In
giving the certifications above, I have reasonably relied on information provided to me by U.S. Bank National Association.



|                      |  |  |  |                                                                                                                                          
|--------------------- |  |  |  | -----------------------------------------------------------------------------------------------------------------------------------------
|Dated: March 28, 2018 |  |  |  | /s/ Timothy D. Hart                                                                                                                      
|                      |  |  |  | Timothy D. Hart, Senior Vice President, First National Bank of Omaha (senior officer in charge of the servicing function of the servicer)

[Signature page to Certification Pursuant to Rule 13a-14/15d-14(d)

of the Securities Exchange Act of 1934]