alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

May 24, 2006 Clifford W. Taylor,
Chief Justice 130689 & (81)(88) Michael F. Cavanagh
Elizabeth A. Weaver Marilyn Kelly NORTHERN WAREHOUSING, INC., Maura D. Corrigan Robert P. Young, Jr. d/b/a NORTHERN FOOD SERVICE, Stephen J. Markman, Plaintiff-Appellee, Justices

v SC: 130689 COA: 260598 Ct of Claims: 04-000239-MK STATE OF MICHIGAN, DEPARTMENT OF EDUCATION, Defendant-Appellant.

________________ _______________ __________/

On order of the Court, the motion for leave to file brief amicus curiae is GRANTED. By order of Ap ril 12, 2006, this Court di rected the parties to file supplemental briefs stating whether the c ontract between plaintiff and the State of Michigan was renewed fo r the 2005-2006 school year or be yond. The briefs having been filed, the application for leav e to appeal the March 7, 2006 judgment of the Court of Appeals is again considered a nd, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REVERSE the judgm ent of the Court of Appeals. In order to justify the extraordinary remedy of a p reliminary injunction, the moving party must show a likelihood that it will succeed on the merits of the claim. Michigan State Employees Ass’n v Dep’t of Mental Health , 421 Mich 152, 157-158 (1984). The Court of Appeals erred in finding that evidence supported a likelihood of success on plaintiff’s claim for promissory estoppel. Promi ssory estoppel requires reasonable reliance on the part of the party asserting estoppel. The contract between the parties contains an integration clause. Reliance on pre-contractual representations is unreasonable as a matter of law when the contract contains an integration clause. See UAW-GM Human Resource Center v KSL Recreation Corp , 228 Mich App 486, 504 (1998). We REMAND th is case to the Court of Appeals for expedited cons ideration of the likelihood of success of plaintiff’s other causes of action. The motion to stay th e Court of Claims injunction is GRANTED pending the completion of this appeal.

We do not retain jurisdiction.

W EAVER

, J., would deny leave to appeal.

d0524 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

May 24, 2006

Clerk
K ERR , H ENDERSHOT & C ANNON , P.C.

A TTORNEYS A T L AW A P ROFESSIONAL C ORPORATION 1800 B ERING D RIVE
, S TE

. 600
H OUSTON
, T EXAS 77057
C HRISTY L. M ARTIN TELEPHONE (713) 783-3110
F AX : (713) 783 -2809

January 9, 2015

Jeffrey D. Kyle, Clerk Liz Talerico, Deputy Clerk Court of Appeals
Third District of Texas at Austin Austin, Texas 78711-2547

Re: Court of Appeals Number: 03 -14 -00593- CV

Trial Court Case Number: 14 -0486 -C26

Comed Medical Systems Co., Ltd., d/b/a GEMSS Medical and GEMSS North America, Inc., f/k/a GEMSS USA, Inc. v. AADCO Imaging, LLC and AADCO Medical, Inc.

Dear Mr. Kyle:

This is to acknowledge your letter dated January 5, 2015 setting this case for submission on January 28, 2015 at 1:30 p.m. Christy L. Martin will present oral argument for the Appellants, Comed Medical Systems Co., Ltd. and GEMSS North America, Inc.

If you have any questions concerning this matter, please feel free to contact me.

Respectfully,

/s/ Christy L. Martin Christy L. Martin
SBN: 24041336 cmartin@k-hpc.com Simon W. Hendershot, III
SBN: 09417200 trey@k-hpc.com Kerr, Hendershot & Cannon, P.C. 1800 Bering Drive, Suite 600 Houston, Texas 77057 Telephone: (713) 783-3110 Facsimile: (713) 783-2809
ATTORNEYS FOR APPELLANTS

SWH/clm

cc: David N. Cole, Esq.
- Via email dcole@colelaw.com Kenneth J. Ferguson - Via email RKeeton@mcguirewoods.com ACCEPTED 03-14-00593-CV
3710898 THIRD COURT OF APPEALS

AUSTIN, TEXAS 1/9/2015 11:24:29 AM JEFFREY D. KYLE

CLERK
Order entered September 16, 2016

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-16-00744-CV

ROBBIE LESA HAMES HORTON, Appellant

V.

KIMBERLY A. STOVALL, Appellee

On Appeal from the 162nd Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC-12-14190

ORDER

The reporter’s record is overdue. By notice dated July 13, 2016, the Court instructed 

Sheretta Martin, Official Court Reporter for the 162nd Judicial District Court, to file the 

reporter’s record within thirty days. As of today’s date, the reporter’s record has not been filed. 

Accordingly, we ORDER Ms. Martin to file, by OCTOBER 5, 2016, either (1) the reporter’s 

record, (2) written verification that appellant has not requested preparation of the reporter’s 

record, or (3) written verification that appellant has not paid or made arrangements to pay the fee 

for preparation of the reporter’s record. We caution appellant that if we receive written 

verification of no request or payment, the Court may order the appeal submitted without the 

reporter’s record. See TEX. R. APP. P. 37.3(c).
We DIRECT the Clerk of this Court to send a copy of this order to Ms. Martin and 

counsel for all parties.

/s/ ELIZABETH LANG-MIERS

JUSTICE
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 18-20061

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

 

RODOLFO SALDANA-CORDERO,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 4:17-CR-549-1

Before KING, ELROD, and WILLETT, Circuit Judges.

PER CURIAM:*

The Federal Public Defender appointed to represent Rodolfo SaldanaCordero has moved for leave to withdraw and has filed a brief in accordance 

with Anders v. California, 386 U.S. 738 (1967), and United States v. Flores, 632 

F.3d 229 (5th Cir. 2011). Saldana-Cordero has not filed a response. We have 

reviewed counsel’s brief and the relevant portions of the record reflected 

therein. We concur with counsel’s assessment that the appeal presents no 

 

* Pursuant to 5TH CIR. 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 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 19, 2019

Lyle W. Cayce

Clerk

 Case: 18-20061 Document: 00514923663 Page: 1 Date Filed: 04/19/2019
No. 18-20061

2

nonfrivolous issue for appellate review. Accordingly, counsel’s motion for leave 

to withdraw is GRANTED, counsel is excused from further responsibilities 

herein, and the APPEAL IS DISMISSED. See 5TH CIR. R. 42.2.

 Case: 18-20061 Document: 00514923663 Page: 2 Date Filed: 04/19/2019
EXHIBIT 32

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

AS ADOPTED PURSUANT TO SECTION 906 OF

THE SARBANES-OXLEY ACT OF 2002

The undersigned executive officers of BCSB Bancorp, Inc. (the Company) hereby certify that this Annual Report on Form 10-K for
the year ended September 30, 2009 (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 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.



By:

/s/    Joseph J. BouffardName:

Joseph J. BouffardTitle:

President and Chief Executive OfficerBy:

/s/    Anthony R. ColeName:

Anthony R. ColeTitle:

Executive Vice President and Chief Financial Officer (Principal Financial Officer)


Date: December 22, 2009
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 on Form 10-Q of Public  Storage,  Inc.
(the "Company") for the quarterly  period ended June 30, 2006, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"),  Ronald L.
Havner,  Jr., as Chief  Executive  Officer and President of the Company and John
Reyes,  as Chief  Financial  Officer  of the  Company,  each  hereby  certifies,
pursuant  to  18  U.S.C.   ss.1350,   as  adopted  pursuant  to  ss.906  of  the
Sarbanes-Oxley Act of 2002, that:

(1)      The Report fully complies with the requirements of Section 13(a) 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/ Ronald L. Havner, Jr.
-------------------------
Name:    Ronald L. Havner, Jr.
Title:   Chief Executive Officer & President
Date:    August 8, 2006

/s/ John Reyes
-------------------------
Name:    John Reyes
Title:   Chief Financial Officer
Date:    August 8, 2006

                                   Exhibit 32
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, November 02, 2015. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, November 02, 2015 The Court of Appeals hereby passes the following order A16D0091. JOSHUA LEWIS HUFF v. THE STATE. Upon consideration of the Application for Discretionary Appeal, it is ordered that it be hereby DENIED.
LC NUMBERS: 2010CR00327
EXHIBIT
32.1








Certification
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002








(Subsections
(a) and (b) of Section 1350, Chapter 63 of Title 18, United States
Code)








Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
section 1350, chapter 63 of title 18, United States Code), each of the
undersigned officers of Extreme Home
Staging, Inc.,   a Nevada corporation (the "Company"), does
hereby certify, to such officer's knowledge, that:








The
Report on Form 10-K for the year ended  September 30, 2009 of the Company
fully complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and the information contained in the Form 10-K fairly
presents, in all material respects, the financial condition and results of
operations of the Company.








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








Dated: January
7, 2010






/s/ Milka FixlerMilka
      Fixler(Principal
      Executive Officer)/s/
      Milka FixlerMilka
      Fixler(Principal
      Accounting  Officer)/s/
      Milka FixlerMilka
      Fixler(Principal
      Financial  Officer)
**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 PCMT Corporation (the “Company”) on Form
      10-KSB for the period ending December 31, 2007, as filed with the Securities
      and
      Exchange Commission on the date hereof (the “Report”), I, Nachman Shlomo Kohen,
      President, Chief Executive Officer, and Director 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, to the best of my knowledge and
      belief:




(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 the operation of the
      Company.





Date:
                March 13, 2008
            By
            /s/ Nachman
                Shlomo KohenNachman
                Shlomo Kohen,Chief
                Executive Officer and Principal Accounting
                Officer




A
      signed
      original of this written statement required by ss.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.
**EXHIBIT 23.1**

 

**CONSENT OF ERNST & YOUNG LLP, INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in the Registration Statements on Form S-8pertaining to the 1996 Long-Term Incentive Plan, the 1999 Long-Term Incentive Plan, the 1999 Equity Incentive Plan, the 1999 Employee Stock Purchase Plan and Form S-3 and related Prospectus of Charlotte Russe Holding, Inc., of our report datedOctober 20, 2004 with respect to the consolidated financial statements of Charlotte Russe Holding, Inc. included in its Annual Report on Form 10-K for the year ended September 25, 2004. 

 

/s/    ERNST &YOUNG LLP 

San Diego, California 

December 13,2004
EX-35.7
(logo) WELLS FARGO

Commercial Mortgage-Servicing

MAC A0357-030
P.O. Box 4036
1320 Willow Pass Rd., Suite 300
Concord, CA 94520
800 986-9711


ANNUAL STATEMENT AS TO COMPLIANCE
OFFICER'S CERTIFICATE


Re: ML-CFC Commercial Mortgage Trust 2007-5, Commercial Mortgage
Pass-Through Certificates, Series 2007-5.

In accordance with Section 3.13 of the Pooling and Servicing Agreement, (the
"Agreement") dated March 1, 2007 executed by and between Merrill Lynch Mortgage
Investors, Inc. (as "Depositor"), Keycorp Real Estate Capital Markets, Inc.
(as "Master Servicer No. 1"), Wells Fargo Bank, National Association (as
"Master Servicer No. 2"), CWCapital Asset Management, LLC (as "Special
Servicer"), LaSalle Bank National Association, (as "Trustee and Custodian"),
and Wells Fargo Bank, National Association (as "Certificate Administrator") as
authorized officer Wells Fargo Bank, National Association, I certify that (I)
a review of the activities of Master Servicer No. 2 during the preceding
calendar year and of its performance under this Agreement has been made under
my supervision and (ii) to the best of my knowledge, based on such review,
Master Servicer No. 2 has fulfilled all its obligations under this Agreement in
all material respects throughout such year.


Wells Fargo Bank, National Association
"Master Servicer No. 2"


/s/ Briggs A. Hawley
Briggs A. Hawley
Vice President
Wells Fargo Bank National Association
Commercial Mortgage Servicing


March 2008  757
Exhibit 32.3



                            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 on Form 10-Q of AFP Imaging Corporation
(the "Company") for the quarter ended September 30, 2005, (the "Report"), I,
Elise Nissen, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that:

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

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







/s/ Elise Nissen,
-----------------------
Elise Nissen,
Chief Financial Officer
November 14, 2005




                                       22
Exhibit
32.1








CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002








In
connection with the Quarterly Report on Form 10-Q of AFP Imaging Corporation
(the “Company”) for the quarterly period ended March 31, 2009, as filed with the
Securities and Exchange Commission (the “Report”), I, David Vozick, Co-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
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/ David
    VozickDavid
      VozickChairman
      of the BoardCo-Chief
      Executive Officer





Date: May
14, 2009














33
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


In connection with the Quarterly Report on Form 10-Q of AFP Imaging Corporation
(the "Company") for the quarter ended March 31, 2005 (the "Report"), I Donald
Rabinovitch, Co-Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that:

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

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

/s/ Donald Rabinovitch
--------------------------------
Donald Rabinovitch,
President
(Co-Principal Executive Officer)
May 13, 2005

                                       20
Exhibit-32.1 -- Certification per Sarbanes-Oxley Act (Section 906)

I am the Principal Executive Officer and Principal Financial Officer of
Northern Empire Energy Corp., a Nevada corporation (the "Company").  I am
delivering this certificate in connection with the Form 10-K of the Company
for the fiscal year ended December 31, 2009 and filed with the U. S.
Securities and Exchange Commission ("Form 10-K").

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, I hereby certify that, to the best of my knowledge,
the Form 10-K fully complies with the requirements of Section 13(a) or
Section 15(d) of the Securities Exchange Act of 1934 and that the information
contained in the Form 10-K fairly presents, in all material respects, the
financial condition and results of operations of the Company.

Dated:  April 14, 2010
        --------------
                                    /s/  Jeffrey Cocks
                                    -------------------------------------
                                        Jeffrey Cocks
                                Title:  Principal Executive Officer
                                        Principal Financial Officer

<PAGE>
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T L. SEV I LLE PA RK S, P la in tif

f - A p p e llan t, v. R I C H A R D F A L G E ; e t a l., D efen d an t s - A p p el l ees. N o. 10- 15307 D . C. N o . 3 : 0 6 - c v - 0 0 4 0 5 - RCJ - V PC ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt

f orthe D i s tr i c tof

N e va da R obe rtC l i ve J one s , C hi e f Judge , P r e s i di ng S ubm i tt e d M a y24, 2011 ** B efo re: P R E G E R S O N , T H O M A S , an dP A E Z , C i rcu i tJu d g es. L . S e vi l l e P a rks , af

orm e rN e va das t a t e pr i s one r , appe a l s pr o s e f r om the d i stri ctco u rt ’ s j u d g m en td i sm i ssi n g h i s ci v i l ri g h t s act i o n fo r fai l u re t o ex h au st a d mi n i s tr a t i v e r e me d i e s u n d e rth e Pr i s o n Li t i g a t i o n Re f o rm A c t , 4 2 U . S. C. § 1997e ( a ) . W e ha ve j ur i s di c t i on unde r28 U . S . C . § 1291. W e r e vi e w de novo the 

# FI LED JU N 08 2011 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS10- 15307 2 di stri ctcourt ’ s di sm i ss alfor f ai l ure t o exh aust , and for cl ear e rr or i t s f ac tual d e te rm in a tio n s . W

y at t v . T e rhune , 3 1 5 F .3 d1 1 0 8 , 1 1 1 7 ( 9 th C ir . 2 0 0 3 ) . W e a f f irm . T h e d is tr ic t c o u rt p r o p e r lyd is m is s e dP a rk s ’s a c tio n b e c au s e P a rk s f a ile dto e xhaus ta dm i ni s tr a t i ve r e m e di e s orde m ons tr a t e tha the w a s obs truc t e d f r om doi ng s o . Se e W

oodf ord v . N go , 5 4 8 U .S . 8 1 , 8 5 , 9 3 - 9 5 ( 2 0 0 6 ) ( “p r o p e re x h au s tio n ” is m a n d a to rya n dr e q u ir e s a d h e r e n c e to a d m in is tr a tiv e p r o c e du r a l ru le s ) . P arks’ s r em ai ni ng cont ent i on s are un pers uasi ve. A F F I R M E D .
#### COUNTY NATIONAL BANK v. U. S. FIDELITY & GUARANTY CO.

No. 65 Civ. 3348.

United States District Court S. D. New York.

Nov. 3, 1966.

Zalkin & Cohen, New York City, for plaintiff; Leonard Zalkin, New York City, of counsel.

Shure *&*Bruder, New York City, for defendant; Selwyn N. Crane, New York City, of counsel.

COOPER, District Judge.

Pursuant to Rule 30(b), F.R.Civ.P., plaintiff seeks to preclude defendant from taking its deposition through one Joseph Frank. Motion granted.

Joseph Frank served as President of plaintiff corporation until June 16, 1964, at which time he became Chairman of the Board of Directors. He remained in that post until January 25, 1966. On May 17, 1966 he was appointed Honorary Chairman of the Board of Directors. He is presently serving in that capacity and as a director. Notice of deposition was served on January 27, 1966.

A corporate litigant may be examined only through its officers or managing agents. Rules 26(a), 37(d), F.R.Civ.P. It can not be examined through a director or former officer. See Campbell v. General Motors Corp., 13 F.R.D. 331 (S.D.N.Y.1952); Park & Tilford Distillers Corp. v. The Distillers Co., Ltd., 19 F.R.D. 169 (S.D.N.Y.1956).

Defendant having offered no proof that Frank is a “managing agent,” the sole issue is whether a “Chairman of the Board of Directors” (“Honorary” or otherwise) is an “officer” for purposes of Rule 26(a). We hold that for these purposes there is no distinction between a “director” and “Chairman of the Board of Directors.” See Bernstein v. N. V. Nederlandsche-Amerikaansche Stoomvaart-Maatschappij, 15 F.R.D. 32 (S.D.N.Y.1953). Defendant offers no evidence that Mr. Frank is involved in the day to day operation of plaintiff’s business. See Campbell v. General Motors Corp., supra. Colonial Capital Co. v. General Motors Corp., 29 F.R.D. 514 (D.Conn.1961), heavily relied upon by defendant, is distinguishable; the issue before us was never squarely presented there.

Plaintiff’s motion is granted. This decision does not preclude defendant *294from renewing its course upon a proper showing. Plaintiff’s other requests for relief have been withdrawn.

This shall be considered an order; settlement thereof is unnecessary.

So ordered.