alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### NUMBER 13

- 1 6

- 00 221

- CR



## COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

– EDINBURG

IN RE STATE OF TEXAS EX REL. MARK SKURKA

On Petition for Writ of Mandamus and Prohibition

and Motion for Emergency Stay

.



## ORDER

Before Chief Justice Valdez and Justices Rodriguez and Garza

Order Per Curiam

Relator, the State of Texas ex rel. Mark Skurka, has filed a petition for writ of

mandamus and prohibition with this Court on April 15, 2016, contending that the

Honorable Missy Medary , presiding judge of the 347 th Judicial District Court of Nueces

County, Texas, abused her discretion, leaving relator without an adequate remedy by

appeal, by ordering the State to disclose

, be fore 5 :00 p.m. on April 15, 2016

, which jail

telephone recordings of the defendant it will present as evidence at trial in trial court cause

number 15

- CR

- 3503

- H . Relator has also filed a motion for emergency stay in which it2

asks this Court to stay the underlying proceedings until such time as we may fully consider

the petition for writ of mandamus.

Having reviewed relator’s petition and motion, we hereby GRANT the motion for

emergency stay and ORDER all proceedin gs in trial court cause number 15

- CR

- 3503

- H

STAYED until further order of this Court.

We further ORDER the real party in interest, Antonio Aguilera

, to file any response

to the petition for writ of mandamus with this Court on or before 5:00 p.m. on Friday, April

2 2 , 2016.

PER CURIAM

Do Not P ublish.

T EX

. R. A PP

. P. 47.2(b)

Order d elivered and filed the

15th day of April , 201 6.
#### LYNDEN TRANSFER, INC., Plaintiff, v. UNITED STATES of America, Defendant, and Consolidated Freightways Corporation of Delaware, and Interstate Commerce Commission, Intervening Defendants.

No. 275.

United States District Court W. D. Washington, N. D.

Dec. 16, 1964.

James T. Johnson, Seattle, Wash., for plaintiff.

William N. Goodwin, U. S. Atty., Gerald W. Hess, Asst. U. S. Atty., Seattle, Wash., for defendant.

Richard K. Bush, Ryan, Askren, Carlson, Bush & Swanson, Seattle, Wash., for Consolidated Freightways.

Thomas H. Ploss, I. C. C., Washington, D. C., for ICC.

Before BONE, Circuit Judge, and LINDBERG and BEEKS, District Judges.

PER CURIAM.

The function of this court in reviewing an order of the Interstate Commerce Commission is strictly limited. Where, as here, plaintiff’s attack is directed to the conclusion reached by the Commission upon the evidence, the Commission’s order may only be set aside if it can be said that the order is not supported by substantial evidence, or is arbitrary or capricious. Interstate Commerce Commission v. Jersey City, 322 *125U.S. 503, 64 S.Ct. 1129, 88 L.Ed. 1420 (1944).

Plaintiff in this case has failed to make the evidence before the Commission a part of the record before this court, and the court must therefore accept the findings of the Commission as conclusive. Mississippi Valley Barge Line v. United States, 292 U.S. 282, 290, 54 S.Ct. 692, 78 L.Ed. 1260 (1934). The findings in the report thus accepted as true, the only remaining question is whether they support the Commission’s order. It is our conclusion that they do.

The Commission’s order is affirmed and the complaint dismissed.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-1893

ZO XABIERE ALI, a/k/a Lorenzo Dominic Richardson,

 Plaintiff – Appellant,

v.

BRUCE WORF; WAKE COUNTY CRISIS AND ASSESSMENT SERVICES,

 Defendants - Appellees.

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. James C. Dever, Chief

District Judge. (5:12-cv-00261-D)

Submitted: September 11, 2012 Decided: September 13, 2012

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Zo Xabiere Ali, Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Zo Xabiere Ali appeals the district court’s order 

accepting the recommendation of the magistrate judge and 

dismissing his 42 U.S.C. § 1983 (2006) complaint under 28 U.S.C. 

§ 1915(e)(2)(B) (2006). We have reviewed the record and find no 

reversible error. Accordingly, we affirm for the reasons stated 

by the district court. Ali v. Worf, No. 5:12-cv-00261-D 

(E.D.N.C. July 9, 2012). We dispense with oral argument because 

the facts and legal contentions are adequately presented in the 

materials before the court and argument would not aid the 

decisional process.

AFFIRMED
#### The People of the State of New York, Respondent, v Julio Velez, Appellant.

Submitted August 6, 2012;

decided August 28, 2012

*988Motion for assignment of counsel granted and Mark Diamond, Esq., PO Box 287356 Yorkville Station, New York, NY 10128 assigned as counsel to the appellant on the appeal herein.
**EXHIBIT 31.2****SARBANES-OXLEY SECTION 302 CERTIFICATION**I, Larry Altringer, certify that:1. I have reviewed this Form 10-QSB of AGASSIZ ENERGY, LLC;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the small business issuer as of, and for, the periods presented in this report4. The small business issuer’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the small business issuer and have:a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material informationrelating to the small business issuer, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in which thisreport is being prepared;b) Evaluated the effectiveness of the small business issuer’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this report basedon such evaluation; andc) Disclosed in this report any change in the small business issuer’s internal control overfinancial reporting that occurred during the small business issuer’s most recent fiscalquarter (the small business issuer’s fourth fiscal quarter in the case of an annual report)that has materially affected, or is reasonably likely to materially affect, the smallbusiness issuer’s internal control over financial reporting; and5. The small business issuer’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the small business issuer’sauditors and the audit committee of the small business issuer’s board of directors (or personsperforming the equivalent functions):a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe small business issuer’s ability to record, process, summarize and report financialinformation; andb) Any fraud, whether or not material, that involves management or other employees who havea significant role in the small business issuer’s internal control over financial reporting.   Date: May 21, 2007 /s/ Larry Altringer  Treasurer (Principal Financial and  Accounting Officer)
#### The People of the State of New York, Respondent, v Rafael Rodriguez, Appellant.

Submitted May 29, 2012;

decided June 28, 2012

Motion for reargument denied *[see*19 NY3d 166 (2012)].
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Exhibit 32.1

SECTION 906 CERTIFICATION

In connection with the Quarterly Report on Form 10-Q of Porter
Bancorp, Inc. (the Company) for the quarterly period ended March 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Maria L. Bouvette, Chief Executive Officer of the
Company, do hereby certify, in accordance with 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), 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |  |  |                      |  |                        
|------------------ |  |  |  | -------------------- |  | -----------------------
|                   |  |  |  | PORTER BANCORP, INC.
|                   |  |  | 
|Dated: May 7, 2009 |  |  |  | By:                  |  | /s/ Maria L. Bouvette  
|                   |  |  |  |                      |  | Maria L. Bouvette      
|                   |  |  |  |                      |  | Chief Executive Officer
#### Rodney C. MATTHEWS, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

No. 2006-3035.

United States Court of Appeals, Federal Circuit.

July 14, 2006.

*ORDER*

Rodney C. Matthews has complied with the court’s order of June 1, 2006.

*1017Upon consideration thereof,

IT IS ORDERED THAT:

(1) The court’s November 30, 2005 dismissal order is vacated, the mandate is recalled, and the petition for review is reinstated.

(2) The United States Postal Service brief is due within 40 days of the date of filing of this order.
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 Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, June 29, 2009, 2 p.m. to June 29, 2009, 5 p.m., National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD, 20892 which was published in the                     **Federal Register**                     on June 11, 2009, 74 FR 27806-27808.                

The meeting time on June 29, 2009 has been changed to 11 a.m. to 12:30 p.m. The meeting date and location remain the same. The meeting is closed to the public.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E9-14694 Filed 6-22-09; 8:45 am]

BILLING CODE 4140-01-P
Exhibit 23


                         CONSENT OF INDEPENDENT AUDITORS


We consent to the  incorporation  by  reference  in the  following  Registration
Statements of our report dated January 31, 1996 with respect to the consolidated
financial  statements and schedule of The Black & Decker Corporation included in
the Annual Report (Form 10-K) for the year ended December 31, 1995.


Registration Statement Number                              Description
-----------------------------                              -----------

 2-75916                                                   Form S-8
33-6610                                                    Form S-8
33-6612                                                    Form S-8
33-26917                                                   Form S-8
33-26918                                                   Form S-8
33-33251                                                   Form S-8
33-39607                                                   Form S-8
33-39608                                                   Form S-3
33-47651                                                   Form S-8
33-47652                                                   Form S-8
33-53807                                                   Form S-3
33-58795                                                   Form S-8
33-65013                                                   Form S-8


















/s/  ERNST & YOUNG LLP
Baltimore, Maryland
February 26, 1996
#### In the Matter of Farmers Insurance/Truck Insurance Exchange, Appellant, v Rosa Terzulli, Respondent. National Union Fire Insurance Company of Pittsburgh et al., Additional Respondents.

[975 NYS2d 915]

In a proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of a claim for uninsured motorist benefits, the petitioner appeals from an order of the Supreme Court, Kings County (Archer, Ct. Atty. Ref.), dated May 7, 2012, which, after a framed-issue hearing, in effect, denied the petition.

Ordered that the order is affirmed, with one bill of costs.

The petitioner commenced the instant proceeding pursuant to CPLR article 75, inter alia, to permanently stay arbitration of a claim for uninsured motorist benefits on the ground that the alleged offending vehicle was insured by National Union Fire Insurance Company of Pittsburgh (hereinafter National Union) at the time of the subject accident. Following a framed-issue hearing, the Court Attorney Referee, in effect, denied the petition, determining that the alleged offending vehicle was not involved in the subject accident and, thus, National Union was not required to provide coverage for the subject accident.

The petitioner has the initial burden of showing sufficient facts to establish justification for the stay of arbitration (see *Matter of Hertz Corp. v Holmes,*106 AD3d 1001, 1002 [2013]; *Matter of AutoOne Ins. Co. v Umanzor,*74 AD3d 1335, 1336 [2010]). Here, the petitioner failed to meet its initial burden of identifying the alleged offending vehicle and showing that the alleged offending vehicle was, in fact, insured at the time of the accident *(see Matter of Progressive Northeastern Ins. Co. v Gibson, 62*AD3d 804 [2009]; *Matter of New York Cent. Mut. Fire Ins. Co. [Reid],*34 AD3d 333 [2006]; *Matter of Insurance Co. of State of Pa. v Dentale,*32 AD3d 854, 855 [2006]; *Matter of Allstate Ins. Co. v Esposito,*15 AD3d 648, 648-649 [2005]; *Matter of Government Empls. Ins. Co. v Williams-Staley,*288 AD2d 471, 472 [2001]; *Matter of Eagle*Ins. *Co. v Pusey,*271 AD2d 445, 445-446 [2000]). To the extent that the determination of the Supreme Court was based upon the assessment of the credibility of the witnesses, such determination is entitled to deference on appeal, and we discern no basis to disturb it *(see Matter of Government Empls. Ins. Co. v Morris,*95 AD3d 887, 888-889 *629[2012]; *Matter of Allstate Ins. Co. v Hang Li*Wang, 46 AD3d 807, 808 [2007]). Accordingly, the Supreme Court properly, in effect, denied the petition and dismissed the proceeding. Rivera, J.E, Hall, Roman and Miller, JJ., concur.
Certification of Chief Financial Officer Pursuant to 18 U.S.C. SECTION 1350   In connection with the Quarterly Report of Proper Power and Energy, Inc. (the Company) on Form 10-Q for the period ending March 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Lior Segal, Chief Financial Officer of the Company, certify, to my knowledge that:  (i)  the accompanying Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended (the Act); and  (ii)  the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.  PROPER POWER AND ENERGY, INC.  /s/:  Lior Segal LIOR SEGAL, Chief Financial Officer   May 17, 2010
EXHIBIT 31.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF
2002

I, Randy S. Gottfried, certify that:



|1. | I have reviewed this quarterly report on Form 10-Q/A of Riverbed Technology, Inc.;
|-- | ----------------------------------------------------------------------------------



|2. | Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading with respect to the period covered by this report; and
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|3. | Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of
operations and cash flows of the registrant as of, and for, the periods presented in this report.
|-- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                  |  |  |  |                              
|----------------- |  |  |  | -----------------------------
|Date: May 5, 2009 |  |  |  | /s/ Randy S. Gottfried       
|                  |  |  |  | Randy S. Gottfried           
|                  |  |  |  | Chief Financial Officer      
|                  |  |  |  | (Principal Financial Officer)
Exhibit 23.2  CONSENT OF DELOITTE & TOUCHE, LLP, INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM We consent to the incorporation by reference in Registration Statement Nos. 333-144962, 333-133507, 333-124187, 33-53335, 33-53337 on Form S-8 and Registration Statement No. 333-163679 on Form S-4 of our reports dated February 25, 2009 (May 18, 2009 as to the effects of the retrospective adoption of new accounting standards as described in Note 1), relating to the consolidated financial statements and financial statement schedule of Bio-Rad Laboratories, Inc. and subsidiaries (which report on the financial statements expresses an unqualified opinion and includes an explanatory paragraph concerning the retrospective adoption of new accounting standards in 2009), appearing in and incorporated by reference in this Annual Report on Form 10-K of Bio-Rad Laboratories, Inc. for the year ended December 31, 2009.   /s/ Deloitte & Touche LLPSan Francisco, CaliforniaFebruary 26, 2010
Exhibit31.1

**CERTIFICATION OF THE CONTROLLER**

 

I, Susan M. Knutson, certifythat:

 

1.      I have reviewed thisquarterly report on Form 10-QSB of Good Times Restaurants Inc.;

 

2.      Based on my knowledge,this quarterly report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this quarterly report;

 

3.      Based on my knowledge,the financial statements, and other financial information included in thisquarterly report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this quarterly report;

 

4.      The registrant's othercertifying officer and I are responsible for establishing and maintainingdisclosure controls and procedures (as defined in Exchange Act Rules 13a-15eand 15d-15e) for the registrant and have:

 

a)      Designed suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

b)      Evaluated theeffectiveness of the registrant's disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

c)      Disclosed in thisreport any change in the registrant's internal control over financial reportingthat occurred during the registrant's most recent fiscal quarter (theregistrant's fourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materially affect, theregistrant's internal control over financial reporting.

 

5.      The registrant's othercertifying officer and I have disclosed, based on our most recent evaluation,to the registrant's auditors and the audit committee of registrant's board ofdirectors (or persons performing the equivalent functions):

 

a)      All significantdeficiencies in the design or operation of internal controls which arereasonably likely to adversely affect the registrant's ability to record,process, summarize and report financial information; and

b)      Any fraud, whether ornot material, that involves management or other employees who have asignificant role in the registrant's internal controls over financialreporting.

 

 

*/s/ Susan M. Knutson*

SusanM. Knutson

*Controller*

May14,2008

----
#### In the Matter of WL, LLC, Respondent-Appellant, v Department of Economic Development, Also Known as Empire State Development, et al., Appellants-Respondents.

Decided September 13, 2012

Appeal by WL, LLC dismissed, without costs, by the Court of Appeals, sua sponte, upon the ground that no substantial constitutional question is directly involved.