alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Cannonball Fund, Ltd., et al., Appellants, v Marcum & Kliegman, LLP, Respondent, et al., Nominal Defendants.

[973 NYS2d 201]

Appeal from order, Supreme Court, New York County (Bernard J. Fried, J.), entered April 6, 2012, which, in this action alleging auditor malpractice, granted defendant’s motion to dismiss the complaint, deemed an appeal from judgment, same court and Justice, entered May 15, 2012, dismissing the complaint (CELR 5501 [c]), and so considered, said judgment unanimously affirmed, with costs.

The court cited and applied the correct standard of review in adjudicating plaintiffs’ motion *(see e.g. Maas v Cornell Univ.,*94 NY2d 87, 91 [1999]). It cited extensively to the allegations in the complaint, taking them to be true.

Contrary to plaintiffs’ contention, dismissal for failure to allege proximate cause is appropriate on a motion to dismiss for failure to state a cause of action, if the allegations warrant such a determination *(see e.g. O’Callaghan v Brunelle,*84 AD3d 581, 582 [1st Dept 2011], *lv denied*18 NY3d 804 [2012]; *Turk v Angel,*293 AD2d 284 [1st Dept 2002], *lv denied*100 NY2d 510 [2003]; *Fenster v Smith,*39 AD3d 231 [1st Dept 2007]).

Accepting the facts alleged in the complaint as true and af*418fording plaintiffs the benefit of every possible favorable inference *(Leon v Martinez,*84 NY2d 83, 87-88 [1994]), the court correctly concluded that plaintiffs failed to demonstrate that they would not have suffered damages but for defendant’s negligence in preparing its audit opinions in connection with the two funds at issue. Plaintiffs allege that a proper audit by defendant or a statement that it was unable to certify the funds’ financial statements would have alerted them to the funds’ problems and allowed them to decide whether to remain invested or withdraw their investments by submitting requests for redemptions, replace the management of those funds, or take other action to prevent further losses. However, plaintiffs admit in the complaint that their redemptions were frozen as of February 27, 2008, before defendant’s audit opinion was issued on June 16, 2008, and that all their requests for redemptions have been denied. Thus, by the time defendant issued the audit opinion, plaintiffs could not have withdrawn their investments.

The court also correctly rejected as speculative plaintiffs’ argument that any new management could have avoided losses suffered after June 2008, since plaintiffs fail to allege with any particularity the way new management could have prevented any further loss in value by that time *(see Pearlman v Friedman Alpren & Green,*300 AD2d 203, 203-204 [1st Dept 2002]). Concur — Friedman, J.E, Moskowitz, Richter, Manzanet-Daniels and Gische, JJ.
DISMISS; and Opinion Filed February 6, 2019.

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-19-00085-CR

No. 05-19-00086-CR

No. 05-19-00087-CR

DONNELL SLEDGE, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 2

Dallas County, Texas

Trial Court Cause Nos. F17-56046-I, F17-56047-I & F17-56048-I

MEMORANDUM OPINION

Before Justices Whitehill, Molberg, and Reichek

Opinion by Justice Molberg

Donnell Sledge appeals his convictions for unlawful possession of a firearm by a felon,

manufacture or delivery of 4 grams or more but less than 200 grams of cocaine, and manufacture 

or delivery of 4 grams or more but less than 200 grams of heroin. After reviewing appellant’s 

January 15, 2019 notices of appeal, we questioned whether we had jurisdiction and asked the 

parties to file letter briefs addressing the issue. One week later, the clerk’s records were filed.

The clerk’s records show appellant was convicted of all three offenses on July 20, 2018. 

Five days later, appellant filed motions for new trial that the trial court granted. If a trial court 

grants a motion for new trial, it restores the case to its position before the former trial. See TEX.

R. APP. P. 21.9. Because the trial court granted appellant’s motions for new trial, there are no 
–2–

convictions to be appealed. See Waller v. State, 931 S.W.2d 640, 643-44 (Tex. App.—Dallas 

1996, no pet.).

Accordingly, we dismiss these appeals for want of jurisdiction.

Do Not Publish

TEX. R. APP. P. 47.2(b)

190085F.U05

/Ken Molberg/

KEN MOLBERG

JUSTICE
–3–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

DONNELL SLEDGE, Appellant

No. 05-19-00085-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court 

No. 2, Dallas County, Texas

Trial Court Cause No. F17-56046-I.

Opinion delivered by Justice Molberg, 

Justices Whitehill and Reichek 

participating.

Based on the Court’s opinion of this date, we DISMISS this appeal. 

Judgment entered this 6th day of February, 2019.
–4–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

DONNELL SLEDGE, Appellant

No. 05-19-00086-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court 

No. 2, Dallas County, Texas

Trial Court Cause No. F17-56047-I.

Opinion delivered by Justice Molberg, 

Justices Whitehill and Reichek 

participating.

Based on the Court’s opinion of this date, we DISMISS this appeal. 

Judgment entered this 6th day of February, 2019.
–5–

Court of Appeals

Fifth District of Texas at Dallas

JUDGMENT

DONNELL SLEDGE, Appellant

No. 05-19-00087-CR V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court 

No. 2, Dallas County, Texas

Trial Court Cause No. F17-56048-I.

Opinion delivered by Justice Molberg, 

Justices Whitehill and Reichek 

participating.

Based on the Court’s opinion of this date, we DISMISS this appeal. 

Judgment entered this 6th day of February, 2019.
2015 Q2 CEC Ex 10.5 Amendment to Employment Agreement






Exhibit 10.5


Amendment No. 1 to Employment Agreement
THIS AMENDMENT NO. 1 (the “Amendment”) TO THE EMPLOYMENT AGREEMENT, made as of February 5, 2015 (the “Agreement”), between Caesars Entertainment Corporation, a Delaware corporation (the “Company”), Caesars Enterprise Services, LLC, a Delaware limited liability company in which the Company indirectly owns and controls an interest, and Mark Frissora (the “Executive”) is made as of August 4, 2015 (the “Amendment Effective Date”).  Capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Agreement.
WHEREAS, pursuant to Section 4.3 of the Agreement, the Executive is entitled to certain aircraft use described therein, with an annual aggregate cost of $200,000 per fiscal year, measured at the rate of $6,000/hour; 
WHEREAS, the Executive and the Company wish to amend the measurement of the hourly rate for purposes of calculating whether the aggregate fiscal year cap is met; and
WHEREAS, pursuant to Section 22 of the Agreement, any amendment to the Agreement must be made in writing signed by the parties thereto.
NOW, THEREFORE, in consideration of the mutual agreements, provisions and covenants contained herein, and intending to be legally bound hereby, the parties hereto agree as follows: 
1.Section 4.3 (Aircraft) of the Agreement is hereby amended by deleting “at the rate of $6,000/hour” therefrom and replacing it with the following:
“at the hourly rate used for internal business travel chargeback across the Caesars enterprise in accordance with applicable Company policies and practices” 
2.This Amendment shall in all respects be governed by and construed in accordance with the laws of the State of Nevada as to all matters, including but not limited to matters of validity, construction, effect and performance.  


3.This Amendment shall be effective as of the Amendment Effective Date and, except as set forth herein, no other provision of the Agreement is modified and amended.


4.The Agreement and this Amendment contain the entire agreement between the parties concerning the subject matter hereof and supersede all prior agreements and understandings, written and oral, between the parties with respect to the subject matter hereof.


5.This Amendment may not be amended or modified orally, and no provision hereof may be waived, except in a writing signed by the parties hereto.


6.This Amendment may be executed by the parties in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same agreement.
 [Signature Page Follows]

1








IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the Amendment Effective Date.


Caesars Entertainment Corporation




By:_/s/ Mary H. Thomas_______
Name: Mary H. Thomas
Title:  EVP, Human Resources






Caesars Enterprise Services, LLC




By:__/s/ Mary H. Thomas______
Name: Mary H. Thomas
Title:  EVP, Human Resources






Executive:




__/s/ Mark Frissora____________
Mark Frissora







2
EXHIBIT 23.1



Consent of Independent Registered Public Accounting Firm



We consent to the incorporation by reference in the Registration Statements on Forms S-3 (Nos. 333-62968, 333-58982, 333-52490 and
333-47764) and S-8 (Nos. 333-106673, 333-118084, 333-63902, 333-52488, 333-43220, 333-94817, and 333-92729) of The TriZetto Group, Inc., of our reports dated February 11, 2005, with respect to the consolidated financial statements and schedule of
The TriZetto Group, Inc., managements assessment of the effectiveness of internal control over financial reporting, and the effectiveness of internal control over financial reporting of The TriZetto Group, Inc., included in this Annual Report
on Form 10-K for the year ended December 31, 2004.



/s/ Ernst & Young LLP

|                         
|-------------------------
|                         
|Orange County, California
|                         
|February 11, 2005
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-40411

MIGUEL ANGEL FLORES, Petitioner,

versus JANIE COCKRELL, DIRECTOR, TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION, Respondent, ALLEN RICHARD ELLIS; ELIZABETH COHEN, Appellants.

Appeal from the United States District Court for the Eastern District of Texas

(1:98-CV-1582) February 13, 2002 Before JOLLY, HIGGINBOTHAM, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM: *
The petitioner, Miguel Angel Flores, has been executed by the
State of Texas. After the execution, his appointed attorneys submitted a vouche r to the district court for payment, including within it a request for the attorneys' services and expenses in pursuing state clemency proceedings. The district court disallowed1 Clark v. Johnson , No. 01-10573, 2002 WL 5590 (5th Cir.

Jan. 2, 2002).

2 Id. 2 the request, and Flores's attorneys have appealed that decision to this court.
We have recently concluded that we have jurisdiction over such appeals. 1 However, 21 U.S.C. § 848(q)(8) does not authorize compensation for representation in state clemency proceedings. 2
AFFIRMED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM
THE COMPANY'S 3RD QUARTER 10-Q
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-START>                             JAN-01-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                          14,891
<SECURITIES>                                         0
<RECEIVABLES>                                   21,726
<ALLOWANCES>                                       583
<INVENTORY>                                     19,356
<CURRENT-ASSETS>                                59,230
<PP&E>                                          21,334
<DEPRECIATION>                                  11,238
<TOTAL-ASSETS>                                  87,401
<CURRENT-LIABILITIES>                           21,179
<BONDS>                                              0
<COMMON>                                           127
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                      66,095
<TOTAL-LIABILITY-AND-EQUITY>                    87,401
<SALES>                                         63,048
<TOTAL-REVENUES>                                74,401
<CGS>                                           37,464
<TOTAL-COSTS>                                   44,059
<OTHER-EXPENSES>                                23,293
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   9
<INCOME-PRETAX>                                  7,540
<INCOME-TAX>                                     (855)
<INCOME-CONTINUING>                              8,395
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,395
<EPS-PRIMARY>                                      .67
<EPS-DILUTED>                                      .67
        

</TABLE>
Exhibit 32(h)

CERTIFICATE PURSUANT TO 18 U.S.C. SECTION 1350
  AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  FOR PPL MONTANA, LLC'S 10-Q FOR THE QUARTER ENDED JUNE 30, 2003

In connection with the quarterly report on Form 10-Q of PPL Montana, LLC (the
  "Company") for the quarter ended June 30, 2003, as filed with the Securities
  and Exchange Commission on the date hereof (the "Covered Report"), I, the principal
  financial officer of the Company, pursuant to 18 U.S.C. Section 1350, as adopted
  pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, hereby certify that:

| | · | The Covered Report 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 the Covered
        Report fairly presents, in all material respects, the financial condition
        and results of operations of the Company.





|Date: August 12, 2003 | /s/ James E. AbelJames E. AbelTreasurerPPL Montana, LLC
|--------------------- | -------------------------------------------------------

A signed original of this written statement required by Section 906 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.
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.                  

###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - 50 CFR Part 224
          - RIN 0648-XZ50

# AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

# ACTION:

Final rule; correction.

# SUMMARY:

                        This action corrects the amendatory instruction to a final rule published on December 12, 2014, which incorrectly instructed deletion of the U.S. Distinct Population Segment of smalltooth sawfish (                        *Pristis pectinata*) from the list of endangered species under the Endangered Species Act. This correction removes the incorrect language from the instruction.                    

# DATES:

This final rule correction is effective January 12, 2015.

# ADDRESSES:

Information regarding this final rule may be obtained by contacting NMFS, Endangered Species Division, 1315 East West Highway, Silver Spring, MD 20910.

# FOR FURTHER INFORMATION CONTACT:

Dr. Dwayne Meadows, NMFS, Office of Protected Resources (301) 427-8403.

# SUPPLEMENTARY INFORMATION:

## Need for Correction

                    In a final rule NMFS published on December 12, 2014 (79 FR 73977) to list 5 species of sawfishes as endangered, we incorrectly included an instruction in the regulatory text section to delete the entry for a prior listing for a different sawfish (the U.S. Distinct Population Segment of smalltooth sawfish (                    *Pristis pectinata*)) from the list of endangered species under the Endangered Species Act in 50 CFR 224.101(h). On page 74005, in column 3, amendatory instruction 2.A. is corrected to reads as follows:                

“2. In § 224.101, paragraph (h), amend the table by:

A. Removing the “Sawfish, largetooth” entry.”

Dated: December 19, 2014.

Samuel D. Rauch, III,

Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

[FR Doc. 2014-30596 Filed 12-30-14; 8:45 am]

BILLING CODE 3510-22-P
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 Annual Report of Pacer International, Inc. (the "Company"), on Form 10-K for the fiscal year
ended December 29, 2006, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), we, Michael E. Uremovich, Chief Executive Officer of the Company, and Lawrence C. Yarberry, 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, that:

(1) The Report fully
complies with the requirements of section 13(a) or 15(d), as applicable, 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.



|                        
|------------------------
|/s/ Michael E. Uremovich
|Michael E. Uremovich    
|Chief Executive Officer 
|February 21, 2007       
|                        
|/s/ Lawrence C. Yarberry
|Lawrence C. Yarberry    
|Chief Financial Officer 
|February 21, 2007       

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

118TH CONGRESS 

1ST SESSION H. R. 2267 

To provide for a limitation on availability of funds for US Department 

of Agriculture, Risk Management Agency, Salaries and Expenses for 

fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Agriculture 

A BILL 

To provide for a limitation on availability of funds for US 

Department of Agriculture, Risk Management Agency, 

Salaries and Expenses for fiscal year 2024. 

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

3 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 US DEPARTMENT OF AGRICULTURE, RISK 

5 MANAGEMENT AGENCY, SALARIES AND EX6 PENSES FOR FISCAL YEAR 2024. 

7 Notwithstanding any other provision of the law, 

8 amounts authorized to be appropriated or otherwise avail9 able for US Department of Agriculture, Risk Management 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2267 IH

1 Agency, Salaries and Expenses for fiscal year 2024 may 

2 not exceed $58,361,000. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
**Exhibit 99.2**

 

CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In conditionwith the Quarterly Report on Form 10-Q of Polydex Pharmaceuticals Limited (the“Company”) for the quarterly period ended April 30, 2003 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, Sharon L.Wardlaw, Chief Financial Officer of the Company, certify, pursuant to section906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)  the report fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

 

(2)  the information contained in the Reportfairly presents, in all material respects, the financial condition and resultof operations of the Company.

 

 
| By                       | /s/  Sharon L. Wardlaw |   |
|--------------------------|-----------------------------|--------|
| Sharon L.  Wardlaw,      |
| Chief  Financial Officer |
| June 16,  2003           |

 

1

----
[Federal Register Volume 79, Number 250 (Wednesday, December 31, 2014)]
[Notices]
[Page 78784]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30719]


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

 DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[S-132-2014]


Approval of Subzone Status, 5.11, Inc., Modesto and Lathrop, 
California

    On November 6, 2014, the Executive Secretary of the Foreign-Trade 
Zones (FTZ) Board docketed an application submitted by the Port of 
Stockton, California, grantee of FTZ 231, requesting subzone status 
subject to the existing activation limit of FTZ 231, on behalf of 5.11, 
Inc., in Modesto and Lathrop, California.
    The application was processed in accordance with the FTZ Act and 
Regulations, including notice in the Federal Register inviting public 
comment (79 FR 67413, 11/13/2014). The FTZ staff examiner reviewed the 
application and determined that it meets the criteria for approval. 
Pursuant to the authority delegated to the FTZ Board Executive 
Secretary (15 CFR Sec. 400.36(f)), the application to establish Subzone 
231B is approved, subject to the FTZ Act and the Board's regulations, 
including Section 400.13, and further subject to FTZ 231's 2,000-acre 
activation limit.

    Dated: December 23, 2014.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2014-30719 Filed 12-30-14; 8:45 am]
BILLING CODE 3510-DS-P
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