alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER

Appellate case name: In the Interest of A.C.D. and S.C.D., Children

Appellate case number: 01-19-00198-CV

Trial court case number: 2017-05093J

Trial court: 314th District Court of Harris County

On May 9, 2019, this Court dismissed the appeal for want of jurisdiction. See In re 

A.C.D., No. 01-19-00198-CV, 2019 WL 2040750 (Tex. App.—Houston [1st Dist.] May 9,

2019, no pet. h.) (mem. op.). A motion for rehearing was due by May 24, 2019. See TEX.

R. APP. P. 49.1. Appellant has filed two motions for an extension of time to file a motion 

for rehearing. See TEX. R. APP. P. 49.8. 

We dismiss as moot appellant’s motion for an extension of time to file a motion for 

rehearing, filed on May 23, 2019. We grant in part appellant’s motion for an extension of 

time to file a motion for rehearing, filed on May 24, 2019.

Appellant’s motion for rehearing is due to be filed no later than Friday, June 

14, 2019. No extensions of time will be granted absent extraordinary circumstances.

It is so ORDERED.

Judge’s signature: /s/ Julie Countiss

  Acting individually  Acting for the Court

Date: ___June 4, 2019__
PiekUtup 

Pickering 

, J. 

Parra guirre Saitta 

however, failed to address appellant's argument on rehearing that NRS 

205.511 provides a private cause of action for the statutory violations 

alleged in appellant's complaint. 

Having considered the rehearing petition and answer thereto, 

we grant the petition, as the April 11 order of affirmance overlooked a 

controlling statute. NRAP 40(c)(2)(B). Accordingly, we hereby vacate our 

April 11, 2014, order of affirmance and reverse the district court's 

dismissal order and remand this matter to the district court.' In so doing, 

we note that because this matter was dismissed at the pleading stage, in 

reviewing the dismissal, we are required to recognize the allegations in 

appellant's complaint as true. Buzz Stew, LLC v. City of N. Las Vegas, 124 

Nev. 224, 228, 181 P.3d 670, 672 (2008). Accordingly, this order should 

not be construed as precluding the parties from presenting evidence that 

either establishes or negates the merits of the underlying claims and 

seeking appropriate relief in the district court. 

It is so ORDERED. 2 

J. 

'We note, however, that we properly concluded that appellant was 

not entitled to a default judgment against respondent, and that these 

issues should not be reconsidered on remand. 

2Appellant's June 4, 2014, motion to file a reply to respondent's 

answer is denied. 

SUPREME COURT 

OF 2 

NEVADA 

(0) 1947A e 
cc: Hon. Jerome Polaha, District Judge 

Russell 

Demetras & O'Neill 

Washoe District Court Clerk 

SUPREME COURT 

OF 3 

NEVADA 

(0) 1947A 4M14
Page 1 of 3

National Indian Gaming Commission Speaker Request Form

Thank you for your interest in having an NIGC speaker at your event. In order to help us facilitate your request, please 

complete, save, attach and submit the following form (and any corresponding attachments should you need additional 

space) to SPEAKER.REQUEST@NIGC.GOV at least 30 days prior to the event (to allow for appropriate travel 

accommodations to be made should request be accepted). Please allow 3-5 business days for decisions to be made. 

If you have any questions or need help completing the Speaker Request Form, please call the NIGC's Legislative and 

Intergovernmental Affairs Specialist (LIAS) at 202-632-7003. 

Part 1: Event Organizer 

Name of Organization

Submitting Request:

Event Sponsor(s):

For-Profit/Not for Profit:

Coordinator/Point of Contact:

(Name, title, email, office phone, cell

phone)

Part 2: Event Details 

Event Name/Title:

Event Location:

Event Date/Time:

Event Type:

(conference, dinner, small group, etc.)

Event Purpose/Goal:
Page 2 of 3

Event Website:

(if applicable)

Part 3: Presentation/Speech Details

Requested Topic:

Presentation Format:

(keynote address, roundtable, panel,

etc.)

Expected Duration:

(30 minutes, 1 hour, etc.)

Question and Answer:

(Will the speech be followed by a Q&A

session?) 

Part 4: Audience Details

Audience: 

(Approximate size of the audience. Also

briefly, describe its make-up and if

membership is required to attend.)

Honorable Guests:

(List names and titles of members of

Congress, CEOs, or other VIPs

participating in, or attending the

event.)

Media: 

(Will media be invited? If so, will the event

be open or closed press? Also

describe and submit media list.)

Part 5: Additional Information

Deadline for Acceptance:

Cost of Attendance:

(please include member and nonmember

price, if applicable)

Offer of Payment/

Reimbursement: 

(none, dining, lodging, travel, etc.)
Page 3 of 3

Disclaimer/Release Form:

(Please indicate whether or not the

event sponsor will need the speaker to

sign a disclaimer/release form.)

Please save and submit this completed form and any corresponding attachments 

to SPEAKER.REQUEST@NIGC.GOV

Please submit speaking requests at least 30 days prior to the event.

Please allow 3-5 business days for a decision to be made. 

If you have any questions or need help completing the Speaker Request Form, please call the NIGC's 

Legislative and Intergovernmental Affairs Specialist (LIAS) at 202-632-7003.
ProPartners Cofina CHS Agreement Program
 (North Dakota Loans Third Party Originators
  1.
    
    Notwithstanding the terms of the Agreement. anv North Dakota Loans
that are identified under the Program may be originated by a Third
Party Originator designated by ProPartners. Upon such origination, such
North Dakota Loans will constituteLoans under the Agreement. After
ProPartners purchase of a Participation Interest in such North Dakota
Loans in accordance with the terms of the




---



##### 



Agreement, such North Dakota Loans will also constitute
Participated Loans under the Agreement.2.
    
    Cofina shall have a right to purchase such North Dakota Loans in the same
manner provided in Section 3.07 of the Agreement.3.
    
    The terms, provisions and conditions of the Agreement shall apply to
the North Dakota Loans, as Loans and Participated Loans, in the same
manner as such terms, provisions and conditions apply to Loans and
Participated Loans that are not North Dakota Loans, including, without
limitation, with respect to (a) the calculation of the Underwriting Fee
pursuant to Section 2.10 of the Agreement, (b) the calculation of the
aggregate principal amount limitations of the Participated Loans
pursuant to Section 3.01 of the Agreement, (c) the placement into
purchase pools pursuant to Section 3.03 of the Agreement, and (d)
inclusion with respect to reports furnished to Cofina by ProPartners
pursuant to Section 9.03 of the Agreement.4.
    
    Cofina and CHS each agree that the North Dakota Loans will be subject
to the guarantees of Cofina and CHS in accordance with Article V of the
Agreement in the same manner and under the same terms as applicable to
all other Participated Loans.
   
 By:Name:Its:
 
  By:Name:Its:
  By:Name:Its:
Exhibit 32.1

CERTIFICATION
PURSUANT TO18
U.S.C. SECTION 1350AS ADOPTED
PURSUANT TOSECTION
906 OF THE SARBANES-OXLEY ACT OF 2002

In
connection with the Annual Report of Atlas Minerals Inc. (the
Company) on Form 10-KSB for the period ending December 31, 2003, as
filed with the Securities and Exchange Commission on the date hereof (the
Report), I, Gerald E. Davis, President and Chief Financial 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 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.
|-- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------

By:   /s/ Gerald
E. Davis
        Gerald E. Davis
        President and Chief Financial Officer

Date: April 14, 2004

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

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3148 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3148

To amend the Internal Revenue Code of 1986 to provide for the treatment 
of Department of Defense health coverage as minimal essential coverage.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

               March 22 (legislative day, March 19), 2010

   Mr. Webb introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To amend the Internal Revenue Code of 1986 to provide for the treatment 
of Department of Defense health coverage as minimal essential coverage.

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

SECTION 1. TREATMENT OF DEPARTMENT OF DEFENSE HEALTH COVERAGE AS 
              MINIMAL ESSENTIAL COVERAGE.

    (a) In General.--Section 5000A(f)(1) of the Internal Revenue Code 
of 1986, as added by section 1501(b) of the Patient Protection and 
Affordable Care Act, is amended--
            (1) by striking clause (iv) and inserting the following new 
        clause:
                            ``(iv) medical coverage under chapter 55 of 
                        title 10, United States Code, including 
                        coverage under the TRICARE program;'';
            (2) by striking ``or'' at the end of clause (v);
            (3) by striking the period at the end of clause (vi) and 
        inserting ``; or''; and
            (4) by inserting after clause (vi) the following new 
        clause:
                            ``(vii) the Nonappropriated Fund Health 
                        Benefits Program of the Department of Defense, 
                        established under section 349 of the National 
                        Defense Authorization Act for Fiscal Year 1995 
                        (Public Law 103-337; 10 U.S.C. 1587 note).''.
    (b) Effective Date.--The amendments made by this section shall take 
effect as if included in section 1501(b) of the Patient Protection and 
Affordable Care Act and shall be executed immediately after the 
amendments made by such section 1501(b).
                                 <all>
```
#### Joseph Perl et al., Appellants, v Mehmood Meher et al., Respondents.

Submitted April 11, 2011;

decided April 28, 2011

Motion by New York State Trial Lawyers Association for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Two copies of the brief must be served and 24 copies filed within seven days.
ALD

- 135 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

___________ No. 20

- 1287

___________ In re: HESHAM ISMAIL,

Petitioner

____________________________________ On a Petition for Writ of Mandamus from the United States District Court for the Eastern District of Pennsylvania

(Related to E.D. Pa. Civ. No. 5

- 18

- cv - 02881)

____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P.

March 5, 2020 

### Before: MCKEE, SHWARTZ and PHIPPS, Circuit Judges

(Opinion filed April 28, 2020 )

_________ OPINION *

_________ PER CURIAM Hesham Ismail has filed a petition for a writ of mandamus. For the reasons below, we will deny the petition.
I.

* This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not constitute binding precedent.2

In July 2018, Ismail commenced an employ ment discrimination suit in the District Court against DS Smith Holdings, Inc., United Corstack, LLC, Interstate Resources, Inc., Interstate Container Reading LLC, and DS Smith PLC. At a settlement conference on April 2, 2019, the parties, through counsel , settled all of Ismail’s claims against all of the defendants. The terms of the settlement were placed on the record, which reflects that Ismail agreed to those terms. It appears, however, that Ismail subsequently refused to sign the agreement.
Counsel for Ismail and the defendants then jointly moved to enforce the settlement agreement. On December 20, 2019, the District Court granted their request and ordered Ismail to comply with the terms of the agreement. Despite the District Court’s order,
Ismail continued to ask the District Court to restore the case to the court’s docket. The District Court denied his requests by orders entered December 30, 2019, and January 27, 2020. Ismail filed a notice of appeal. That appeal has been docketed in this Cour t at C.A. No. 20

- 1291. Meanwhile, on February 11, 2020, Ismail filed this petition for a writ of mandamus. He asks us to compel the District Court to disregard the settlement agreement and permit him to proceed to trial.
II. A writ of mandamus is a drastic remedy that is available in extraordinary circumstances only. See In re Diet Drugs Prods. Liab. Litig. , 418 F.3d 372, 378 (3d Cir. 2005). To obtain the writ, a petitioner must show that “(1) no other adequate means3

[exist] to attain the relief he desires, (2) [his] right to issuance of the writ is clear and indisputable, and (3) the writ is appropriate under the circumstances.” Hollingsworth v. Perry , 558 U.S. 183, 190 (2010) (per curiam) (first alteration in original) (in ternal quotation marks omitted). Mandamus is not a substitute for an appeal, and “a writ of mandamus may not issue if a petitioner can obtain relief by appeal.” Madden v. Myers , 102 F.3d 74, 77 (3d Cir. 1996). We will deny the petition. As noted above, Ismail is presently pursuing an appeal in this matter. Because he can seek the relief he requests there, 1 a writ of mandamus may
not issue.
III. Accordingly, we will deny the petition for a writ of mandamus.

1 We express no opinion in this mandamus proceeding on the merits of the appeal.
DC REGION DIRECTOR

SHAWNNA CASTELLANO

Shawnna Castellano is a member of the Lac Courte Oreilles Band of Ojibwe

and serves as the DC Region Director. As Region Director, sheis responsible 

for technical assistance, training, and compliance with the Indian Gaming 

Regulatory Act for 43 Indian gaming facilities owned and operated by 15 

federally recognized tribes in Alabama, Louisiana, Mississippi, Florida, 

North Carolina, Connecticut, and New York.

Castellano joined the agency in 2011 as a Compliance Officer in the St. Paul

Region Office. Prior to joining the NIGC, she was a Senior Compliance

Officer with the Potawatomi Hotel and Casino, Internal Auditor with the Lac

Courte Oreilles Gaming Commission, and Audit Specialist/Gaming Variance

Analyst with the Lac Courte Oreilles Casino.

Castellano has over 20 years of gaming experience and holds a Bachelor of

Science degree in Legal Studies from Post University in Waterbury, CT and

is a Certified Fraud Examiner.

The Indian Gaming Regulatory Act created the National Indian Gaming Commission to support tribal self-sufficiency and the integrity of

Indian gaming. NIGC oversees the efficient regulation of 524 gaming establishments operated by 248 tribes across 29 states.

Updated 9/17/2021

National Indian Gaming Commission

Biography
#### The People of the State of New York, Respondent, v James P. Kemp, Appellant.

[977 NYS2d 536]

Appeal from a judgment of the Cattaraugus County Court (Larry M. Himelein, J), rendered September 4, 2012. The judgment convicted defendant, upon his plea of guilty, of attempted rape in the second degree.

*1377It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted rape in the second degree (Penal Law §§ 110.00, 130.30 [1]), defendant contends that the sentence imposed, a determinate term of incarceration of two years plus five years’ postrelease supervision, is unduly harsh and severe. We agree with defendant that his waiver of the right to appeal does not preclude him from challenging the severity of his sentence, inasmuch as “the record establishes that defendant waived his right to appeal before County Court advised him of the potential periods of imprisonment that could be imposed” *(People v Mingo,*38 AD3d 1270, 1271 [2007]; *see People v Adams,*94 AD3d 1428, 1429 [2012], *lv denied*19 NY3d 970 [2012]). Nevertheless, we perceive no basis to exercise our power to modify his sentence as a matter of discretion in the interest of justice *(see*CPL 470.15 [6]).

Although defendant was only 19 years old when he was sentenced, he already had a criminal record, along with a youthful offender adjudication and extensive contact with the criminal justice system as a juvenile. We also note that defendant was previously sentenced to probation in connection with the youthful offender adjudication but failed to comply with its terms and conditions, thus resulting in his being resentenced to incarceration. Finally, we note that the certificate of conviction incorrectly reflects that defendant was sentenced to a two-year period of postrelease supervision and therefore must be amended to correct that error *(see People v Saxton,*32 AD3d 1286, 1286-1287 [2006]). Present — Smith, J.P, Fahey, Lindley, Sconiers and Whalen, JJ.
CERTIFICATE
OF INCORPORATION





FIRST:  The name of this
corporation shall be: INTERPARFUMS LUXURY BRANDS, INC.





SECOND:  Its
registered office in the State of Delaware is to be located at 2711 Centerville
Road, Suite 400, in the City of Wilmington, County of New Castle and its
registered agent at such address is CORPORATION SERVICE COMPANY.





THIRD:  The purpose or
purposes of the corporation shall be:





To engage
in any lawful act or activity for which corporations may be organized under the
General Corporation Law of Delaware.





FOURTH:  The
total number of shares of stock which this corporation is authorized to issue
is:





1,000
shares of Common Stock, no par value.





FIFTH:  The name and address
of the incorporator is as follows:





Joseph A.
Caccamo


13 Maack
Road


Pottstown,
PA 19465





SIXTH:  The Board of
Directors shall have the power to adopt, amend or repeal the
by-laws.





SEVENTH:  No director shall
be personally liable to the Corporation or its stockholders for monetary damages
for any breach of fiduciary duty by such director as a
director.  Notwithstanding the foregoing sentence, a director shall be
liable to the extent provided by applicable law, (i) for breach of the
director's duty of loyalty to the Corporation or its stockholders, (ii) for acts
or omissions not in good faith or which involve intentional misconduct or a
knowing violation of law, (iii) pursuant to Section 174 of the Delaware General
Corporation Law or (iv) for any transaction from which the director derived an
improper personal benefit.  No amendment to or repeal of this Article
Seventh shall apply to or have any effect on the  liability or alleged
liability of any director of the Corporation for or with respect to any acts or
omissions of such director occurring prior to such amendment.





IN WITNESS WHEREOF, the undersigned,
being the incorporator herein before named, has executed signed and acknowledged
this certificate of incorporation this 31st day of March, 2010.





/s/ Joseph A. CaccamoJoseph
      A. Caccamo, Incorporator
#### State v. Jones

Case below: 174 N.C. App. 367

No. 439P06

Defs Motion for “Notice of Appeal Under G.S. 7A-30(1) and Petition for Discretionary Review Under G.S. 7A-31” (COA05-154)

Denied 12/14/06
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the 
consolidated balance sheets and consolidated statements of operations found on 
pages 3 and 4 of the Company's Form 10-QSB for the year to date, and is 
qualified in its entirety by reference to such financial statements.
</LEGEND>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                               MAR-31-1997
<PERIOD-END>                                    DEC-31-1997
<CASH>                                              656,333
<SECURITIES>                                              0      
<RECEIVABLES>                                       368,037
<ALLOWANCES>                                         89,755
<INVENTORY>                                         196,198
<CURRENT-ASSETS>                                  1,154,909
<PP&E>                                           10,245,191
<DEPRECIATION>                                    2,189,779
<TOTAL-ASSETS>                                    9,411,350
<CURRENT-LIABILITIES>                             1,543,954
<BONDS>                                                   0
<COMMON>                                              1,125
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                               0
<OTHER-SE>                                        5,593,783
<TOTAL-LIABILITY-AND-EQUITY>                      9,411,350
<SALES>                                           3,695,014
<TOTAL-REVENUES>                                  3,695,014
<CGS>                                             1,888,523
<TOTAL-COSTS>                                     1,888,523
<OTHER-EXPENSES>                                  1,472,982
<LOSS-PROVISION>                                          0
<INTEREST-EXPENSE>                                 (116,970)
<INCOME-PRETAX>                                     311,572
<INCOME-TAX>                                              0
<INCOME-CONTINUING>                                       0
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                        311,572
<EPS-PRIMARY>                                           .03
<EPS-DILUTED>                                             0

</TABLE>
<PAGE>
                                                                    EXHIBIT 32.2

                   CERTIFICATION OF CHIEF FINANCIAL OFFICER OF
                        FORTIS BENEFITS INSURANCE COMPANY
           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 Fortis Benefits Insurance
Company (the "Company") on Form 10-Q for the period ended March 31, 2004 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Ranell Jacobson, Treasurer (Chief Financial 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, based on my knowledge:

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

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

Date: May 14, 2004

                                    /s/ Ranell Jacobson
                                    ----------------------------------------
                                    Ranell Jacobson
                                    Treasurer
                                    (Chief Financial Officer)