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

Lansing, Michigan

Robert P. Young, Jr.,

 Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

Order 

March 8, 2011 

140735(100) 

140738(100) 

AUTO-OWNERS INSURANCE COMPANY, 

Plaintiff/ 

Counter-Defendant/Appellee, 

v SC: 140735 

 COA: 277574 

Mason CC: 05-000436-CZ 

FERWERDA ENTERPRISES, INC., d/b/a 

HOLIDAY INN EXPRESS LUDINGTON, 

Defendant/ 

Counter-Plaintiff/Appellant, 

and 

DARYL BRONKEMA, Next Friend of 

JACKSON THOMAS BRONKEMA, 

CALEB ANDREW BRONKEMA and 

SAVANNAH JOY BRONKEMA, and 

DARYL BRONKEMA, Individually, 

and MELISSA BRONKEMA, 

Defendants. 

_________________________________________/ 

AUTO-OWNERS INSURANCE COMPANY, 

Plaintiff/ 

Counter-Defendant/Appellee, 

v SC: 140738 

 COA: 277574 

Mason CC: 05-000436-CZ 

FERWERDA ENTERPRISES, INC., d/b/a 

HOLIDAY INN EXPRESS LUDINGTON, 

Defendant/ 

Counter-Plaintiff/Appellee, 

and 

DARYL BRONKEMA, Next Friend of 

JACKSON THOMAS BRONKEMA, 

CALEB ANDREW BRONKEMA and 
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

March 8, 2011 

d0228 

 

2

SAVANNAH JOY BRONKEMA, and 

DARYL BRONKEMA, Individually, and 

MELISSA BRONKEMA, 

Defendants-Appellants. 

_________________________________________/ 

 On order of the Court, the motion for reconsideration of this Court’s October 27, 

2010 order is considered, and it is DENIED, because it does not appear that the order was 

entered erroneously.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

TERRY MOORE
, Appellant,

v.

STATE OF FLORIDA
, Appellee

.

No. 4D 19

- 2992

[ February 13, 2020 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County ; Tim Bailey , Judge; L.T. Case No. 09

- 21764 CF10A

.

Antony P. Ryan, Director, and Paul O'Neil, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, West Palm Beach, for appellant.

No appearance required for appellee.

P ER C URIAM

.

Affirmed.

L EVINE
, C.J., C IKLIN and G ERBER
, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
[Federal Register Volume 74, Number 142 (Monday, July 27, 2009)]
[Notices]
[Pages 37054-37055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17783]


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

DEPARTMENT OF THE INTERIOR

[LLCAD00000 L19900000.AL 0000]


Meeting of the California Desert District Advisory Council

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of public meeting.

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

SUMMARY: Notice is hereby given, in accordance with Public Laws 92-463 
and 94-579, that the California Desert District Advisory Council to the 
Bureau of Land Management, U.S. Department of the Interior, will meet 
in formal session on Friday, August 28, 2009, from 1 p.m. to 4:30 p.m., 
and on Saturday, August 29, from 8 a.m. to 4 p.m. at the Riverside 
Marriott, 3400 Market St., Riverside, CA 92501.
    Agenda topics will include updates by Council members and reports 
from the BLM District Manager and five field office managers. 
Additional agenda topics may include updates on legislation, renewable 
energy, the wild horse and burro program, DesertXpress, and grazing. 
Final agenda items will be posted on the BLM California State Web site 
at http://www.blm.gov/ca/news/rac.html.

SUPPLEMENTARY INFORMATION: All California Desert District Advisory 
Council meetings are open to the public. Public comment for items not 
on the agenda will be scheduled at the beginning of the meeting Friday 
afternoon, as well as Saturday morning. Time for public comment may be 
made available by the Council Chairman during the presentation of 
various agenda items, and is scheduled at the end of the meeting for 
topics not on the agenda.
    While the meetings are tentatively scheduled to conclude at 4:30 
p.m. on Friday and 4 p.m. on Saturday, they could conclude earlier 
should the Council conclude its presentations and discussions. 
Therefore, members of the public interested in a particular agenda item 
or discussion should schedule their arrival accordingly.
    Written comments may be filed in advance of the meeting for the

[[Page 37055]]

California Desert District Advisory Council, c/o Bureau of Land 
Management, External Affairs, 22835 Calle San Juan de Los Lagos, Moreno 
Valley, CA 92553. Written comments also are accepted at the time of the 
meeting and, if copies are provided to the recorder, will be 
incorporated into the minutes.

FOR FURTHER INFORMATION CONTACT: David Briery, BLM California Desert 
District External Affairs, 951.697.5220.

    Dated: July 14, 2009.
Steven J. Borchard,
District Manager.
[FR Doc. E9-17783 Filed 7-24-09; 8:45 am]
BILLING CODE P
Exhibit 99(b)

Independent Accountants' Report

The Board of Directors

Household Finance Corporation:

We have examined management's assertion that the servicing of consumer automobile finance receivables owned by Household Automotive Trust IV, Series 2000-1 has been conducted by Household Finance Corporation, as Master Servicer, in compliance with the terms and conditions as set forth in Articles IV and V of the Master Sale and Servicing Agreement dated February 1, 2000 (the Agreement), as supplemented, as of and for the year ended December 31, 2003. Household Finance Corporation's management is responsible for the assertion.  Our responsibility is to express an opinion on management's assertion based on our examination.
Our examination was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and, accordingly, included examining, on a test basis, evidence supporting that the servicing of receivables has been conducted in compliance with the terms and conditions as set forth in Articles IV and V of the Agreement, as supplemented, and performing such other procedures as we considered necessary in the circumstances. We believe that our examination provides a reasonable basis for our opinion.

In our opinion, management's assertion that the servicing of the receivables has been conducted by Household Finance Corporation, as Master Servicer, in compliance with the terms and conditions as set forth in Articles IV and V of the Master Sale and Servicing Agreement dated February 1, 2000, as supplemented, as of and for the year ended December 31, 2003 is fairly stated, in all material respects.
This report is intended solely for the information and the use of the addressee, the trustee(s), rating agencies, and others, as applicable, in accordance with the Agreement.

/s/ KPMG LLP

Chicago, Illinois

February 28, 2004

 

Management Assertion

 

As of and for the year ended December 31, 2003, the servicing of consumer automobile finance receivables owned by Household Automotive Trust IV, Series 2000-1 has been conducted by Household Auto Finance, a division of Household Finance Corporation, in its capacity as subservicer for Household Finance Corporation, as Master Servicer, in compliance with the terms and conditions as set forth in Articles IV and V of the Master Sale and Servicing Agreement dated February 1, 2000, as supplemented.

 

 

/s/ Tim Condon 
/s/ John O'Brien
Tim Condon
John O'Brien
Chief Financial Officer -
Group Director-Asset Management-
Household Auto Finance
Household Auto Finance    
February 28, 2004
February 28, 2004
Date
Date
Exhibit 35.1








SERVICER COMPLIANCE STATEMENT


OF CITIBANK (SOUTH DAKOTA), NATIONAL ASSOCIATION


FOR THE FISCAL YEAR ENDED DECEMBER 31, 2010








The undersigned, a duly authorized officer of Citibank (South Dakota), National Association ("CBSD"), as Servicer under the Amended and Restated Pooling and Servicing Agreement dated as of October 5, 2001 (as amended through the date hereof, the "Pooling and Servicing Agreement") as supplemented by the Series 2000 Supplement thereto dated as of September 26, 2000 (as amended through the date hereof, the "Series 2000 Supplement" and, together with the Pooling and Servicing Agreement, the "Agreement") each between CBSD, as Seller, Servicer and as successor by merger to Citibank (Nevada), National Association, as Seller, and Deutsche Bank Trust Company Americas, as Trustee; and as Managing Beneficiary of Citibank Credit Card Issuance Trust (the "Issuing Entity") under the Indenture dated as of September 26, 2000 (as amended and supplemented through the date hereof, the "Indenture") between the Issuing Entity and Deutsche Bank Trust Company Americas, as Trustee, does hereby certify that:





1.  CBSD is the Servicer under the Agreement and the Managing Beneficiary of the Issuing Entity.





2.  A review of the servicing activities of CBSD during the fiscal year ended December 31, 2010 (the "Reporting Period") and of its performance under the Agreement and the Indenture was conducted under my supervision.





3.  To the best of my knowledge, based on such review, CBSD has fulfilled all of its servicing obligations under the Agreement and the Indenture in all material respects throughout the Reporting Period.





IN WITNESS WHEREOF, the undersigned has duly executed this certificate this 16th day of March, 2011.








/s/ Douglas C. Morrison


___________________________


Douglas C. Morrison


Vice President
United States Court of Appeals 

For the Seventh Circuit

Chicago, Illinois 60604

Submitted April 13, 2016*

Decided April 14, 2016

Before

JOEL M. FLAUM, Circuit Judge

KENNETH F. RIPPLE, Circuit Judge

DAVID F. HAMILTON, Circuit Judge

No. 15‐3471

BEVERLY P. WESLEY,

Plaintiff‐Appellant,

v.

JULIÁN CASTRO, Secretary of the

United States Department of Housing

and Urban Development, and CAGAN

MANAGEMENT GROUP,

Defendants‐Appellees.

Appeal from the United States District

Court for the Northern District of Illinois,

Eastern Division.

No. 15 C 6833

Manish S. Shah,

Judge.

O R D E R

Beverly Wesley lost her home in Crete, Illinois, after defaulting on her mortgage

loan. An Illinois state court entered a judgment of foreclosure in April 2014 and a year

later approved a judicial sale of the property. Wesley then brought this action in federal

court, ostensibly under 42 U.S.C. § 1983, claiming that the “foreclosing entity,” Cagan

Management Group, had violated the Constitution of the United States by commencing

the foreclosure action. Wesley also listed as a defendant the Secretary of the U.S.

                                                 

* After examining the briefs and the record, we have concluded that oral

argument is unnecessary. Thus the appeal is submitted on the briefs and the record.

See FED. R. APP. P. 34(a)(2)(C).

NONPRECEDENTIAL DISPOSITION

To be cited only in accordance with Fed. R. App. P. 32.1
No. 15‐3471    Page 2

Department of Housing and Urban Development. After Wesley failed for a second time

to attend a scheduled hearing, the district court dismissed the suit for failure to

prosecute. Because we conclude that the district court did not abuse its discretion, we

affirm the dismissal.

Missing a single hearing usually will not warrant dismissing a lawsuit for failure

to prosecute. See McInnis v. Duncan, 697 F.3d 661, 664 (7th Cir. 2012); Del Carmen v.

Emerson Elec. Co., 908 F.2d 158, 163 (7th Cir. 1990). But when a plaintiff misses multiple

hearings and has been warned of the possibility of dismissal, dismissal may be

warranted. See McInnis, 697 F.3d at 664; Fischer v. Cingular Wireless, LLC, 446 F.3d 663,

665–66 (7th Cir. 2006). Wesley’s case was not dismissed after a single missed hearing.

Rather, after Wesley had missed the first hearing, the district court issued a minute entry

warning her that failing to show up at the next hearing risked dismissal of her suit.

Despite this warning Wesley did not appear at the hearing two weeks later. Moreover,

Wesley has not tried to explain her absences, either to the district court in a motion to

reconsider or vacate the dismissal, see McInnis, 697 F.3d at 664–65, or in her appellate

brief. On this record, we cannot conclude that the court abused its discretion in

dismissing her suit.   

AFFIRMED.
<PAGE>
                                                                      Exhibit 99


                         INDEPENDENT ACCOUNTANT'S REPORT




Board of Directors and Stockholders
Slippery Rock Financial Corporation

We have reviewed the accompanying consolidated balance sheet of Slippery Rock
Financial Corporation and subsidiary as of September 30, 2001, and the related
consolidated statement of income for the three- and nine-month periods ended
September 30, 2001 and 2000, and the consolidated statement of cash flows for
the nine-month periods ended September 30, 2001 and 2000, and the consolidated
statement of changes in stockholders' equity for the nine-month period ended
September 30, 2001. These financial statements are the responsibility of the
Company's management.

We conducted our review in accordance with standards established by the American
Institute of Certified Public Accountants. A review of interim financial
information consists principally of applying analytical procedures to financial
data and making inquiries of persons responsible for financial and accounting
matters. It is substantially less in scope than an audit conducted in accordance
with generally accepted auditing standards, the objective of which is the
expression of an opinion regarding the financial statements taken as a whole.
Accordingly, we do not express such an opinion.

Based on our review, we are not aware of any material modifications that should
be made to the accompanying financial statements for them to be in conformity
with generally accepted accounting principles.

We have previously audited, in accordance with generally accepted auditing
standards, the consolidated balance sheet as of December 31, 2000, and the
related consolidated statements of income, changes in stockholders' equity and
cash flows for the year then ended (not presented herein); and in our report
dated January 26, 2001 we expressed an unqualified opinion on those consolidated
financial statements.



/s/ S.R. Snodgrass, A.C.
Wexford, PA
November 8, 2001


                                       17
EXHIBIT
31.1  CERTIFICATION
PURSUANT TO SECTION
302 OF THE SARBANES-OXLEY ACT OF 2002   I, Donald A. Harris, Chief Executive Officer of UbiquiTel Inc. and
UbiquiTel Operating Company, certify that:  1.I have reviewed
this annual report on Form 10-K of UbiquiTel Inc. and UbiquiTel Operating
Company;  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;  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;  4.The registrants
other certifying officer and I are responsible for establishing and maintaining
disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)
and 15d-15(e)) for the registrant and have:  a)Designed such
disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material information
relating to the registrant, including its consolidated subsidiaries, is made
known to us by others within those entities, particularly during the period in
which this report is being prepared;  b)Evaluated the
effectiveness of the registrants disclosure controls and procedures and
presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this
report based on such evaluation; and  c)Disclosed in this
report any change in the registrants internal control over financial reporting
that occurred during the registrants most recent fiscal quarter (the
registrants fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the
registrants internal control over financial reporting; and  5.The registrants
other certifying officer and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the registrants
auditors and the audit committee of the registrants board of directors (or
persons performing the equivalent functions):  a)All significant
deficiencies and material weaknesses in the design or operation of internal
control over financial reporting which are reasonably likely to adversely
affect the registrants ability to record, process, summarize and report
financial information; and  
   b)Any fraud, whether or
not material, that involves management or other employees who have a
significant role in the registrants internal control over financial reporting.   Date: 
  February 17, 2004UBIQUITEL INC./s/ Donald A. HarrisDonald A. HarrisPresident and Chief Executive OfficerUBIQUITEL OPERATING COMPANY/s/ Donald A. HarrisDonald A. HarrisPresident and Chief Executive Officer  2
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-12-00224-CV

In re R. Wayne Johnson

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

M E M O R A N D U M O P I N I O N

The petition for writ of mandamus is denied. See Tex. R. App. P. 52.8(a).

__________________________________________

Diane M. Henson, Justice

Before Justices Puryear, Pemberton and Henson

Filed: July 19, 2012
Shareholder Meeting Results (unaudited)

The Annual Meeting of Shareholders of Churchill
Tax-Free Fund of Kentucky (the "Fund") was held on
April 23, 2004.  The holders of shares representing
83% of the total net asset value of the shares entitled
to vote were present in person or by proxy.  At the
meeting, the following matters were voted upon and
approved by the shareholders (the resulting votes are
presented below).

1.     To elect Trustees.

	Number of Votes:

	Trustee			For			Withheld
   	Lacy B. Herrmann		22,303,658		172,251
	Thomas A. Christopher	22,328,274		147,635
	Douglas Dean		22,327,387		148,522
	Diana P. Herrmann		22,291,891		184,018
	Theodore T. Mason		22,317,207		158,702
	Anne J. Mills		22,322,909		153,000
	William J. Nightingale	22,318,699		157,210
	James R. Ramsey		22,304,012		171,897

2.     To ratify the selection of KPMG LLP as the Fund's
	independent auditors.

	Number of Votes:

	For				Against		Abstain
	22,029,198			51,340		395,370
<PAGE>
                                                                    Exhibit 23.1







                         Consent of Independent Auditors

We consent to the incorporation by reference in the Registration Statement on
Form S-8 (No. 333-91292) pertaining to the 1999 Stock Option Plan, the 2000
Stock Incentive Plan, the 2002 Employee Stock Incentive Plan, the 2002 Employee
Stock Purchase Plan, and the 2002 Key Executive Stock Incentive Plan of
Printcafe Software, Inc. of our report dated March 10, 2003, with respect to the
consolidated financial statements of Printcafe Software, Inc. included in the
Annual Report (Form 10-K) for the year ended December 31, 2002.

Pittsburgh, Pennsylvania
March 14, 2003
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D2023-1955

_____________________________

LOREN MARK AMES,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County.

John F. Simon, Jr., Judge.

June 26, 2024

PER CURIAM.

Loren Mark Ames appeals an order denying his postconviction 

motion filed under Florida Rule of Criminal Procedure 3.800(a). 

Ames sought to challenge his life sentence imposed after a 2002 

jury trial with a conviction of second-degree murder. We affirm. 

The court finds that this petition is frivolous and successive 

and refers Ames to the Department of Corrections for sanctions. 

See § 944.279, Fla. Stat. (2023) (providing that “[a] prisoner who 

is found by a court to have brought a frivolous or malicious suit, 

action, claim, proceeding, or appeal . . . is subject to disciplinary 

procedures pursuant to the rules of the Department of 

Corrections”); Ponton v. Willis, 172 So. 3d 574, 576 (Fla. 1st DCA 

2015) (explaining that a Spencer order is not required before a 
2

court may refer an inmate for disciplinary action under the statute 

based on a frivolous filing).

This is Ames’ fourth frivolous appeal filed in this court seeking 

to collaterally attack his 2002 judgment and sentence. See Ames v. 

State, 985 So. 2d 1094 (Fla. 1st DCA 2008) (affirming order 

denying a rule 3.850 motion); Ames v. State, 132 So. 3d 224 (Fla. 

1st DCA 2013) (affirming order denying a rule 3.800(a) motion); 

Ames v. State, 166 So. 3d 767 (Fla. 1st DCA 2015) (affirming order 

denying a rule 3.800(a) motion). 

The court warns Ames that any future filings that this court 

determines to be frivolous or malicious may result in the 

imposition of further sanctions, including a prohibition against 

any future pro se filings in this court.

AFFIRMED.

ROWE, BILBREY, and KELSEY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________

Loren Mark Ames, pro se, Appellant.

Ashley Moody, Attorney General, Tallahassee, for Appellee.