alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jeffrey I. Katz, Appellant, v Barbara Fortgang, Respondent.

[974 NYS2d 14]

Order, Surrogate’s Court, New York County (Kristin Booth Glen, S.), entered on or about August 10, 2012, which granted defendant’s motion for summary judgment dismissing the complaint, and denied plaintiff’s cross motion for summary judgment, unanimously affirmed, with costs.

*419Whether utilizing a “grouping of contacts” test or an interest analysis, Florida law is applicable, since the investment account, a joint account with right of survivorship, was established in Florida by the parties’ late mother who, at the time, was a Florida resident *(see Zurich Ins. Co. v Shearson Lehman Hutton,*84 NY2d 309, 317 [1994]). Thus, Florida has a greater interest than New York in regulating issues of possession and ownership of the account. Under Florida law, when a depositor establishes this type of account and the depositor is the only contributor to the account, the presumed intent of the depositor is not to make an inter vivos gift, but to have the funds remaining in the account distributed to the other account holders, here plaintiff and defendant, upon the depositor’s death *(see In re Estate of Combee,*601 So 2d 1165, 1167 [Fla 1992]; *Katz v Katz,*666 So 2d 1025, 1027 [Fla Dist Ct App 1996], *review denied*675 So 2d 927 [Fla 1996]). Further, the testimony of the parties’ late mother as well as that of plaintiff established that the mother did not intend to make a gift to her children in her lifetime, and did not relinquish dominion and control over the account since withdrawals required her signature *(see Mulato v Mulato,*705 So 2d 57, 61 [Fla Dist Ct App 1997], *review denied*717 So 2d 535 [Fla 1998]). Accordingly, defendant demonstrated that plaintiff was not entitled to any of the funds in the account prior to their mother’s death. She further established that funds withdrawn from the account were used solely for her mother’s benefit.

In opposition, plaintiff failed to raise a triable issue of fact as to his possessory right or interest in the account *(see Colavito v New York Organ Donor Network, Inc.,*8 NY3d 43, 50 [2006]). Concur — Friedman, J.E, Moskowitz, Richter, Manzanet-Daniels and Gische, JJ.
<PAGE>
                                                                    EXHIBIT 3.25

                                   NOVA SCOTIA

                          CERTIFICATE OF INCORPORATION
                                  Companies Act

Registry Number

3038482

Name of Company

3038482 NOVA SCOTIA COMPANY


I hereby certify that the above-mentioned company was incorporated this date
under the Companies Act and that the liability of the members is unlimited.

       Karen Richard                                   December 21, 1999
-----------------------------------------              -------------------------
Deputy Registrar of Joint Stock Companies                  Date of Incorporation



                            MEMORANDUM OF ASSOCIATION

                                       OF

                           3038482 NOVA SCOTIA COMPANY

1. The name of the Company in all its language forms is:


                           3038482 NOVA SCOTIA COMPANY



<PAGE>

2. The Company shall have all the powers, capacity, rights and privileges of a
natural person including the capacity, without the confirmation of the Supreme
Court of Nova Scotia, or a Judge thereof to:

         (a)      sell or dispose of its undertaking, or a substantial part
                  thereof;

         (b)      distribute any of its property in specie among its members; or

         (c)      amalgamate with any company or other body of persons.


3. The liability of the members is unlimited.


         We, the undersigned, whose names and addresses are subscribed, are
desirous of being formed into a company in pursuance of this Memorandum of
Association, and we respectively agree to take the number and kind of shares in
the capital stock of the Company written opposite our respective names.


                                       2
<PAGE>





DATED the 21st day of December, 1999.

NAME AND ADDRESS                                     NUMBER AND KIND OF SHARES
OF SUBSCRIBER                                        TAKEN BY SUBSCRIBER


3013447 Nova Scotia Limited
Per:     Judy A. Dudley
         Assistant-Secretary

Suite 1100                                          one share without nominal or
1959 Upper Water St.                                par value
Halifax NS

Total number of shares taken:                       1 Share

Witness to the above signature:


         Nadine Hendsbee
----------------------------------------
Name:        Nadine Hendsbee
Address:     1100-1959 Upper Water St.
             Halifax NS


                                       3
##### 



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 Pursuant to 18 U.S.C. §1350 (as adopted pursuant to §906 of the Sarbanes-Oxley
Act of 2002), I, the undersigned Chief Executive Officer of FullNet
Communications, Inc. (the Company), hereby certify that, to the best of my
knowledge, the Annual Report on Form 10-KSB of the Company for the year ended
December 31, 2003 (the Report) fully complies with the requirements of
section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company. Date: March 29, 2004
    
    /s/ Timothy J. Kilkenny,Chief Executive Officer
CERTIFICATION OF CHIEF EXECUTIVE OFFICER

AND CHIEF FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350



In connection with the accompanying Yearly Report On Form 10-KSB of Promotions on Wheels Holdings, Inc. for the Year Ended December 31, 2006, I, Barry Van Wie, Chief Executive Officer and Chief Financial Officer of Promotions on Wheels Holdings, Inc. hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:



1.   Such Yearly Report on Form 10-KSB for the year ended December 31, 2006, 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 such Yearly Report on Form 10-KSB for the year ended December 31, 2006, fairly presents, in all material respects, the financial condition and results of operations of Promotions on Wheels Holdings, Inc.



Dated:  April 11, 2007



PROMOTIONS ON WHEELS HOLDINGS, INC.





By: /s/ Barry Van Wie

Chief Executive Officer and

Chief Financial Officer
<TABLE> <S> <C>
    
    <ARTICLE>                         5
           
    <S>                               <C>
    <PERIOD-TYPE>                     3-MOS
    <FISCAL-YEAR-END>                       DEC-31-1997
    <PERIOD-START>                          APR-01-1997
    <PERIOD-END>                            JUN-30-1997 
    <CASH>                                            0
    <SECURITIES>                                      0
    <RECEIVABLES>                                     0
    <ALLOWANCES>                                      0
    <INVENTORY>                                       0
    <CURRENT-ASSETS>                                  0
    <PP&E>                                            0
    <DEPRECIATION>                                    0
    <TOTAL-ASSETS>                                    0
    <CURRENT-LIABILITIES>                             0
    <BONDS>                                           0
    <PREFERRED-MANDATORY>                             0
    <PREFERRED>                                       0
    <COMMON>                                          0
    <OTHER-SE>                                  2384819     
    <TOTAL-LIABILITY-AND-EQUITY>                      0
    <SALES>                                           0
    <TOTAL-REVENUES>                                  0
    <CGS>                                             0
    <TOTAL-COSTS>                                     0
    <OTHER-EXPENSES>                                  0
    <LOSS-PROVISION>                                  0
    <INTEREST-EXPENSE>                                0
    <INCOME-PRETAX>                                   0
    <INCOME-TAX>                                      0
    <INCOME-CONTINUING>                               0
    <DISCONTINUED>                                    0
    <EXTRAORDINARY>                                   0
    <CHANGES>                                         0
    <NET-INCOME>                                      0
    <EPS-PRIMARY>                                     0
    <EPS-DILUTED>                                     0

    
</TABLE>
1

 A copy of the Report and Recommendation was served upon plaintiff by regular and

certified mail. (Doc. 34). The return receipt for the certified mail was returned to the court on

September 29, 2006 and indicated receipt on September 27, 2006. (Doc. 37). Plaintiff has not

filed an objection. 

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

NORTHERN DIVISION

PAUL POGUE, )

Plaintiff, )

v. ) CIVIL ACTION 2:05-0596-KD-C

INTERNATIONAL PAPER COMPANY, )

 

Defendant. )

ORDER

After due and proper consideration of all portions of this file deemed relevant to the

issues raised, and there having been no objections filed,1

 the recommendation of the Magistrate

Judge made under 28 U.S.C. § 636(b)(1)(B) and dated the 22nd day of August, 2006, (Doc. 34) is

ADOPTED as the opinion of this Court. 

In the report and recommendation, United States Magistrate Judge William E. Cassady

recommended that the complaint be dismissed with prejudice pursuant to Rules 37(b)(2)(C),

37(d) and 41(b), Federal Rules of Civil Procedure and that plaintiff be required to pay the

reasonable attorney’s fees and costs in the amount of $1,207.10 caused by his failure to attend a

properly noticed deposition. (Doc. 34). Imposition of dismissal with prejudice as a sanction is

reserved for circumstances wherein there is a clear record of delay or willful contempt and in

which a lesser sanction would not suffice. See Gratton v. Great American Communications, 178

F.3d 1373, 1374-1375 (11th Cir. 1999) citing Goforth v. Owens, 766 F.2d 1533, 1535 (11th Cir.

Case 2:05-cv-00596-KD-C Document 38 Filed 10/17/06 Page 1 of 2
1985). Because of plaintiff’s failure to attend his own deposition upon notice from opposing

counsel and his subsequent failure to comply with an order of this court to attend oral argument

on the second motion to compel and for sanctions and to attend the rescheduled deposition to be

held following the oral argument, this court agrees that no lesser sanction will suffice. 

Therefore, for the reasons set forth in the report and recommendation, the undersigned finds

dismissal with prejudice and an award of attorney fees and costs to defendant are the appropriate

sanctions in this case.

The court ADOPTS the Report and Recommendation filed in this case as the opinion of

the court, and hereby ORDERS

1) that the defendant’s second motion to compel and for sanctions (Doc. 27) is GRANTED; 

2) that plaintiff’s complaint is DISMISSED with prejudice; and 

3) that plaintiff shall pay to the defendant the reasonable attorney’s fees and costs in the amount

of $1,207.10 on or before the 17th day of November, 2006, caused by plaintiff’s failure to attend

his properly noticed deposition. 

DONE this the 17th day of October, 2006.

/s/ Kristi K. DuBose 

KRISTI K. DuBOSE

UNITED STATES DISTRICT JUDGE

Case 2:05-cv-00596-KD-C Document 38 Filed 10/17/06 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

NORTHERN DIVISION

IRVING C. BOYD, :

Plaintiff, :

vs. : CA 09-0322-WS-C

MICHAEL J. ASTRUE, :

Commissioner of Social Security, 

:

Defendant.

JUDGMENT

In accordance with the order entered on this date, it is hereby ORDERED,

ADJUDGED, and DECREED that the decision of the Commissioner of Social Security

denying claimant benefits be affirmed.

 DONE this 25th day of January, 2010.

 s/WILLIAM H. STEELE 

UNITED STATES DISTRICT JUDGE

Case 2:09-cv-00322-WS-C Document 15 Filed 01/25/10 Page 1 of 1
[Federal Register Volume 80, Number 1 (Friday, January 2, 2015)]
[Notices]
[Pages 97-98]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30735]


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

 SMALL BUSINESS ADMINISTRATION

[Disaster Declaration #14202 and #14203]


New York Disaster #NY-00124

AGENCY: U.S. Small Business Administration.

ACTION: Notice.

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

SUMMARY: This is a Notice of the Presidential declaration of a major 
disaster for Public Assistance Only for the State of New York (FEMA-
4204-DR), dated 12/22/2014.
    Incident: Severe Winter Storm, Snowstorm, and Flooding.
    Incident Period: 11/17/2014 through 11/26/2014.
    Effective Date: 12/22/2014.
    Physical Loan Application Deadline Date: 02/20/2015.
    Economic Injury (EIDL) Loan Application Deadline Date: 09/22/2015.

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: Notice is hereby given that as a result of 
the President's major disaster declaration on 12/22/2014, Private Non-
Profit organizations that provide essential services of governmental 
nature may file disaster loan applications at the address listed above 
or other locally announced locations.
    The following areas have been determined to be adversely affected 
by the disaster:

Primary Counties: Cattaraugus, Chautauqua, Erie, Genesee, Jefferson, 
Lewis, Orleans, Saint Lawrence, Wyoming.


[[Page 98]]


    The Interest Rates are:

------------------------------------------------------------------------
                                                                Percent
------------------------------------------------------------------------
For Physical Damage:
    Non-Profit Organizations With Credit Available Elsewhere.      2.625
    Non-Profit Organizations Without Credit Available              2.625
     Elsewhere...............................................
For Economic Injury:
    Non-Profit Organizations Without Credit Available              2.625
     Elsewhere...............................................
------------------------------------------------------------------------

    The number assigned to this disaster for physical damage is 14202B 
and for economic injury is 14203B.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

Jerome Edwards,
Acting Associate Administrator for Disaster Assistance.
[FR Doc. 2014-30735 Filed 12-31-14; 8:45 am]
BILLING CODE 8025-01-P
The parties have executed this letter as of the date first set forth above.   THE INVESTORS:   Safeguard Delaware, Inc.   By:    /s/    CHRISTOPHER J.DAVIS                   Name:        Christopher J.Davis                     Title:                    CFO                                      Address for Notices:  800 The Safeguard Building  435 Devine Park Drive  Wayne, PA 19087-1945  Attn:    Christopher Davis  Telecopy:                                                        ICG Holdings, Inc.   By:    /s/    RICHARD G.WHITE                      Name:         RichardG.White                        Title:           ManagingDirector                      Address for Notices:  100 Lake Drive, Suite 4  Pencader Corporate Center  Newark, DE 19702  Attn:    General Manager  Telecopy:    302-292-3972   With a copy to:   Internet Capital Group, Inc.  435 Devon Park Drive  Building 600  Wayne, PA 19087  Attn:    General Counsel  Telecopy:    610-989-0112 2 
 Biegert, Inc.:   By:                     /s/    JEFFBIEGERT                       Name:                        JeffBiegert                        Title:                          President                            Address for Notices:      2713 DoverDrive                                                 Laramie, Wy.82072                                           Attn:                                                                     Telescopy:    307-742-3629                                 The terms and conditions of this letter are acknowledged as of date of this letter by the undersigned:  THE COMPANY:  **eMerge Interactive, Inc.**By: /s/    REID JOHNSON        Name: REID JOHNSONTitle: CFO Address for Notices: 10305 102nd Terrace Sebastian, Florida Attn:                Chief Financial Officer Telecopy:        (772) 581-7570 3
EXHIBIT 32.2

                                  CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the Quarterly Report of Sparta Commercial Services, Inc. (the
"Company") on Form 10-QSB for the quarterly period ended July 31, 2006, as filed
with the Securities and Exchange Commission on the date therein specified (the
"Report"), the undersigned, Anthony W. Adler, as Principal Financial Officer of
the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, that:

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

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


/s/ Anthony W. Adler
----------------------------
Anthony W. Adler
Principal Financial Officer

Date: September 19, 2006
1

In The

Court of Appeals

Ninth District of Texas at Beaumont

__________________

NO. 09-19-00169-CV

__________________

TENIKA ROBERTS, Appellant

V.

CERBERUS SFR HOLDINGS, LP, Appellee

__________________________________________________________________

On Appeal from the County Court at Law No. 2

Montgomery County, Texas

Trial Cause No. 19-31315

__________________________________________________________________

MEMORANDUM OPINION

In May 2019, Tenika Roberts filed a notice of appeal. In June 2019, the Clerk 

mailed Roberts a bill of costs, payable in thirty days. Subsequently, Roberts failed 

to timely pay the amount the Clerk billed her for her costs of court. 

To proceed without paying court costs, Rule 20.1(b)(2) of the Texas Rules of 

Appellate Procedure required Roberts to advise the Clerk of the Court of Appeals 

that the trial court allowed her to proceed without paying costs because she 
2

established in that court that she is indigent. Tex. R. App. P. 20.1(b)(2). Roberts 

could have included that information in her notice of appeal or in a docketing 

statement, but she failed to do so. See id.

In a letter dated July 11, 2019, which the Clerk sent to Roberts at the address 

she provided the Court in her notice of appeal, the Court warned Roberts that if she 

failed to pay the costs bill, her appeal would be dismissed without further notice on 

any date after July 26, 2019. That notice was returned undelivered, with no 

forwarding address. Nevertheless, Roberts has never filed a statement with this 

Court alleging she is unable to afford paying her court costs or alleging that she is 

entitled to proceed without paying them. See Tex. R. App. P. 20.1. And Roberts 

failed to pay the costs set out in the invoice the Clerk sent to her by mail.

A party’s appeal may be dismissed based on the appellant’s failure to comply 

with a requirement of the Texas Rules of Appellate Procedure or if the appellant fails 

to respond to a notice from the Clerk of the Court that requires a response or other 

action within a specified time. See Tex. R. App. P. 42.3(c). Roberts has not timely 

paid her bill of costs, she did not file a motion in this Court asking to proceed without 

paying costs based on any claim of indigence, and she has not shown she is entitled 

to proceed without paying costs. See generally Tex. R. App. P. 20.1.
3

Because Roberts both failed to pay her costs of court and failed to establish 

she is entitled to proceed without paying them, we dismiss her appeal for want of 

prosecution. See Tex. R. App. P. 42.3(b), (c).

APPEAL DISMISSED.

_________________________

 HOLLIS HORTON

 Justice

Submitted on August 21, 2019

Opinion Delivered August 22, 2019

Before McKeithen, C.J., Horton and Johnson, JJ.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
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                -                       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 Justice

###### Antitrust Division

                    Notice is hereby given that, on December 3, 2014, pursuant to section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), Vehicle Safety Communications 4 (VSC4) Consortium (“VSC4 Consortium”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing (1) the identities of the parties to the venture and (2) the nature and objectives of the venture. The notifications were filed for the purpose of invoking the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances.                

Pursuant to section 6(b) of the Act, the identities of the parties to the venture are: Ford Motor Company—Research and Innovation Center, Dearborn, MI; General Motors Company—Research and Development Center, Warren, MI; Honda R&D Americas, Inc., Southfield, MI; Hyundai-Kia America Technical Center, Inc., Superior Township, MI; Mercedes-Benz Research & Development North America, Inc., Sunnyvale, CA; Nissan Technical Center North America, Inc., Farmington Hills, MI; and Volkswagen/Audi of America, Auburn Hills, MI.

The general area of VSC4 Consortium's planned activity is to engage in a collaborative effort in order to gain further knowledge and understanding of connected vehicle interactions and/or applications for vehicles that are intended to transform surface transportation safety and mobility through a connected vehicle environment.

Patricia A. Brink,

Director of Civil Enforcement, Antitrust Division.

[FR Doc. 2014-30667 Filed 12-30-14; 8:45 am]

BILLING CODE P
Exhibit 32.2




CERTIFICATION OF CHIEF FINANCIAL OFFICER


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


PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




I, Michael E. Healy, 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 my knowledge:




The Annual Report on Form 10-K of ShoreTel, Inc. for the fiscal year ended June 30, 2011, as filed with the Securities and Exchange Commission (the “Report”), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and;




The information contained in such Annual Report on Form 10-K fairly presents in all material respects, the financial condition and results of operations of ShoreTel, Inc.




Dated: September 12, 2011
By:
/s/ MICHAEL E. HEALYName:
Michael E. HealyTitle:
Chief Financial Officer(Principal Accounting and Financial Officer)