alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CERTIFICATE OF AMENDMENT

                                     OF THE

                          CERTIFICATE OF INCORPORATION

                                       OF

                       U.S. AUTOMOTIVE MANUFACTURING, INC.

                    ----------------------------------------
                    Adopted in accordance with the provisions
                    of Section 242 of the General Corporation
                          Law of the State of Delaware
                    -----------------------------------------


     The  undersigned,  being  the  Chairman  of the  Board  of U.S.  AUTOMOTIVE
MANUFACTURING,  INC. (the "Corporation"),  a corporation existing under the laws
of the State of Delaware, does hereby certify as follows:

     FIRST:  That the Certificate of  Incorporation  of the Corporation has been
amended by the addition of the following to Article FOURTH:

               "The  presently  issued and  outstanding  shares of Common Stock,
          exclusive of treasury stock, shall be combined in the ratio of one (1)
          share of Common  Stock for each  fifteen  (15) shares of Common  Stock
          currently  issued and outstanding.  Such combination  shall not change
          the stated capital of the  Corporation  nor shall it affect the rights
          or preferences of the holders of the shares of Common Stock now issued
          and outstanding."



<PAGE>

     SECOND:  That such  amendment has been duly adopted in accordance  with the
provisions  of the  General  Corporation  Law of the  State of  Delaware  by the
affirmative  vote of the holders of a majority  of the stock  entitled to vote a
meeting of the stockholders.

     IN  WITNESS  WHEREOF,  I have  signed  this  Certificate  this  11th day of
February, 1999.

                                          U.S. AUTOMOTIVE MANUFACTURING, INC.


                                          By:  /s/ John W. Kohut
                                               -------------------------------
                                               Name:  John W. Kohut
                                               Title: Chairman of the Board
£

(&aurt of Appeals

Txfi\[ iBtstrirt of (E*xas at Sallas

JUDGMENT

CHARLES WILLIAM RANDLES,

Appellant

No. 05-91-01505-CR V.

THE STATE OF TEXAS, Appellee

Appeal from the 283rd District Court of

Dallas County, Texas. (Tr.Ct.No. F87-

70227-T).

Opinion delivered per curiambefore Chief

Justice Thomas and Justices Maloney and

Hankinson.

Based on the Court's opinion of this date, the judgment of the trial court is

AFFIRMED.

Judgment entered November 20, 1996.

/f^rt^X^ WA^^i^gy**-^

DEBORAH G. HANKINSON

JUSTICE

0
Affirmed and Opinion Filed November 20, 1996

In The

Court of Appeals

JTtftlr iBtstrirt of ©eseas at Dallas

No. 05-91-01505-CR

CHARLES WILLIAM RANDLES, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 283rd District Court

Dallas County, Texas

Trial Court Cause No. F87-70227-T

OPINION PER CURIAM

Before Chief Justice Thomas and Justices Maloney and Hankinson

Charles William Randies appeals his conviction for unlawful possession of cocaine.

Punishment was assessed at eight years in prison.

On August 23, 1996, we ordered the trial court to conduct ahearing to determine

whether appellant desired to pursue his appeal, and if so, to determine whether appeUant

was indigent and entitled to appointed counsel.

On October 28, 1996, we received the supplemental transcript containing the trial
... i^J^^#?.l^^^&ft^>l^?*

court's findings of fact and recommendations. The trial court found that appellant was

served notice of the hearing by serving him at 701 Cherry Lane in White Settlement, but

appellant did not appear at the hearing. Based on appellant's failure to appear, the trial

court concluded appellant no longer wishes to pursue his appeal and recommended

dismissing the appeal.

The supplemental transcript also contains the affidavit of Regina Grimes, assistant

general counsel for the Legal Affairs Division for the Parole Division of the Texas

Department of Criminal Justice. Ms. Grimes stated that appellant was declared an

absconder and a prerevocation warrant was issued for his arrest on August 26, 1996.

We adopt the trial court's determination that appellant no longer desires to pursue

his appeal. Because no brief has been filed, no contentions of error are properly before us

for review.1 Our examination of the record does not disclose any fundamental error.

We affirm the trial court's judgment.

PER CURIAM

Do Not Publish

Tex. R. App. P. 90

911505F.U05

1Appellant's retained counsel Ross Teter filed an Anders brief asserting the appeal was frivolous and without merit. See

AnA,r<l CaTfornia 386 US 738 (1967). The Court, however, struck the brief on July 30, 1996 because the procedural Xu"^ SA&ply IJ^V** to represent an indigent appellant, not to retained attorney, See Jeffery ,

State, 903 S.W.2d 776, 779 (Tex. App.-Dallas 1995, no pet.).
Exhibit 32.1

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

In connection with the accompanying Annual Report on Form 10-KSB of LeaP
Technology, Inc. (the "Company") for the twelve month period ended December 31,
2003 (the "Annual Report"), I, Mary E. Thomas, Acting Principal Financial
Officer of the Company, hereby certify pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of Sarbanes-Oxley Act of 2002, to my knowledge
and belief that the Annual Report fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the
information contained in the Periodic Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.


Date: March 22, 2004                          /s/ Mary E. Thomas
                                              ------------------
                                              Mary E. Thomas
                                              Acting Principal Financial Officer
### Michigan Supreme Court Lansing, Michigan

Marilyn Kelly,
Chief Justice

Michael F. Cavanag h

Elizabeth A. Weave r

Maura D. Corriga n Robert P. Young, Jr. Stephen J. Markma n Diane M. Hathaway,

J ustices

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.

_______________________________________ __ Clerk June 23, 2010 

# Order

June 23, 2010

139969(62)

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, SC: 139969 v COA: 287033 Saginaw CC: 05-026696-FH DONALD ALLEN LOWN, Defendant-Appellant.

___________________ ________________

On order of the Chief Jus tice, the motion by plaintiff-appellee for extension of time for filing its brief is considered an d the time is extended to July 20, 2010.
Exhibit 12
                                                                                
                                                                                
                              WISCONSIN BELL, INC.
                COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                                        
                              (Dollars in Millions)
                                        
                                  1996      1995      1994      1993      1992
                                  ----      ----      ----      ----      ----


1. EARNINGS

 a) Income before interest expense,
    income tax, extraordinary
    charge, cumulative effect
    of change in accounting
    principles and undistributed
    equity earnings (2).....  $  348.8  $  348.8  $  192.4  $  242.2  $  208.3
    

 b) Portion of rental expense
    representative of the
    interest factor (1).....       4.8       4.6       4.4       4.7       4.9
                              --------  --------  --------  --------  --------
     Total 1(a) and 1(b)....  $  353.6  $  353.4  $  196.8  $  246.9  $  213.2
                              ========  ========  ========  ========  ========
2. FIXED CHARGES

 a) Total interest expense
    including capital
    lease obligations.......  $   28.1  $   29.5  $   28.5  $   31.6  $   41.6
    
 b) Capitalized interest ...       0.7       1.2       0.6       0.4       0.4

 c) Portion of rental expense
    representative of the
    interest factor (1).....       4.8       4.6       4.4       4.7       4.9
                              --------  --------  --------  --------  --------
     Total 2(a) through 2(c). $   33.6  $   35.3  $   33.5  $   36.7  $   46.9
                              ========  ========  ========  ========  ========

RATIO OF EARNINGS TO
FIXED CHARGES................    10.52     10.01      5.87      6.73      4.55
                              ========  ========  ========  ========  ========


(1)  One-third of rental expense is considered to be the amount representing
     return on capital.
     
(2)  The results for 1995 reflect a $24.1 million pretax credit primarily
     from settlement gains resulting from lump sum pension payments from the
     pension plan to former employees who left the business in the
     nonmanagement work force restructuring, partially offset by increased
     force costs related to the restructuring started in 1994, as well as a
     write-down of certain data processing equipment to net realizable value.
     Results for 1994 reflect a $71.8 million pretax charge associated with
     the nonmanagement work force restructuring.
NO. 07-03-0192 -CR IN THE COU RT OF APP EALS FOR THE SEVENT H DISTRICT OF TEXAS

AT AMA RILLO PANE L E OCTOBER 21, 2003

______________________________ RONNIE ROSS CRABTREE, Appellant
v. THE STATEOF TEXAS , Appellee

_________________________________ FROM THE 251 stDISTRICT COURT OF RANDALL COUNT Y; NO. ; 13,338-C; HON. PATRICK A. PIRTLE, PRESIDING

_______________________________ ON ABATEMENT AND REMAND

_______________________________ Before QUINN, REAVIS, and CAMPB ELL, JJ. Ron nie Ross Crabtree appea led from a j udgme nt convicting him of indecency with
a child. The clerk’s record was f iled on July 15, 2003. The reporter’s record w as due on
or aboutAugust 3, 2003. Rather than file it, the court reporter requested, on Septem ber 9, 2003, an ex

tension of the deadline to October 9, 2003. Through t hatwritten request,
we wer e told tha t the re cord had “been typed, but not edited . . . .” W e granted the re quest2

and extended t he deadline to October 10, 2003. The l a tter date passe d, and t he court reporter neither filed her portion of the appellate record, explained w hythe record was not filed, nor sought a further extension. Accordingl y, we abate this appeal and rem and the cause tothe 251 st Dist rict Cour t of Ran dall Cou nty

(tr ial c our

t) f or f urt her pro cee ding s. Upo n re m and , th e tr ial c our t sh all im m edia tely

cause no tic e of a hearing to be given and, thereafter, conduct a hearing to determ ine the following: 1. why the reporter’s record has not b een filed; 2. w hen therep ort er’ s re cor d ca n re aso nab ly befiled in a m anner that does not have the practical effect of depriving theapp ellan t of his right to appeal or delaying the resolution of this appeal. The trial court shall cause the hearing to be transcribed. So too shall it 1) execute findings of fact and conc lusions of law addressing the forego ing issues, 2) cause to be developed a suppleme ntal clerk’s record containing its findings of fact and conclusions of law and all orders it ma yissue as a result of its hearing in this m atter, and 3) cause to be developed a reporter’s record transc ribing the evidence and arguments presented at the aforem entioned hearing. Additionally, the district court shall then file the s upplemental record and reporter’s record transc ribing the hearing with the clerk of this court on or before Novem ber 19, 2003. Should further tim e be needed by the trial cour t t o perform these tasks, t hen sam e m ust be requested before N ovem ber 19, 2003. It is so ordered. Per Curiam Do not publish.3
(logo) ncb

National Cooperative Bank

 

 

 

February 26, 2015

 

RBS Commercial Funding, Inc. as Depositor

Attn: Jim Barnard

600 Washington Blvd. 

Stamford, CT 06901

 

RE:          Annual Statement as to Compliance

WFRBS 2013 C13

 

Dear Sir/Madam: 

 

In accordance with the Pooling and Servicing Agreement entered into in connection with the issuance of the Commercial Mortgage Pass-Through Certificates Series 2013-C13, as an authorized officer of National Cooperative Bank, N.A., formerly NCB, FSB (the “Co-op Special Servicer”), I hereby certify that:

 

a .   A review of the activities of the Co-op Special Servicer during the preceding calendar year (the “Reporting Period”) and of its performance under the Pooling and Servicing Agreement has been made under my supervision.

 

b.   To the best of my knowledge, based on these reviews, the Co-op Special Servicer has fulfilled all obligations under this agreement in all material respects throughout the Reporting Period.

 

Please note that the annual financial statement will be sent under separate cover on or before March 31, 2015.

 

Best Regards,

 

/s/ Karyn Mann

Karyn Mann

Senior Vice President, Investor Compliance

National Cooperative Bank, N.A.
United States Court of Appeals

for the Fifth Circuit

No. 21-50500

Summary Calendar

United States of America, 

Plaintiff—Appellee,

versus

Fernando Contreras-Rojas, 

Defendant—Appellant.

Appeal from the United States District Court

for the Western District of Texas

USDC No. 4:20-CR-579-1

Before Davis, Jones, and Elrod, Circuit Judges.

Per Curiam:

Fernando Contreras-Rojas appeals the sentence imposed following his 

guilty plea conviction of illegal reentry. The sole argument Contreras-Rojas 

raises on appeal is that the enhancement of his sentence under

8 U.S.C. § 1326(b)(1) is unconstitutional because the fact of a prior 

conviction was neither found by a jury nor alleged in the indictment. He 

acknowledgesthat this argument is foreclosed by Almendarez-Torres v. United 

States, 523 U.S. 224 (1998), but he wishes to preserve the issue for further 

United States Court of Appeals

Fifth Circuit

FILED

October 29, 2021

Lyle W. Cayce

Clerk

Case: 21-50500 Document: 00516074331 Page: 1 Date Filed: 10/29/2021
No. 21-50500

2

review. The Government has moved for summary affirmance or, in the 

alternative, for an extension of time to file a brief.

Almendarez-Torres held that a prior conviction is not a fact that must 

be alleged in an indictment or found beyond a reasonable doubt by a jury for 

purposes of a statutory sentencing enhancement. 523 U.S. at 239-47. This 

court has held that subsequent Supreme Court decisions such as Alleyne v. 

United States, 570 U.S. 99 (2013), and Apprendi v. New Jersey, 530 U.S. 466 

(2000), did not overrule Almendarez-Torres. See, e.g., United States v. 

Wallace, 759 F.3d 486, 497 (5th Cir. 2014); United States v. Pineda-Arrellano, 

492 F.3d 624, 625-26 (5th Cir. 2007). Accordingly, Contreras-Rojas’s 

concession of foreclosure is correct, and summary judgment is appropriate. 

See Groendyke Transp., Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969).

Over fourteen years ago, this court opined that appeals based on 

Almendarez-Torres are virtually all frivolous. See United States v. PinedaArrellano, 492 F.3d 624, 625 (5th Cir. 2007). After hundreds, if not 

thousands, more cases challenging Almendarez-Torres, we reiterate and 

reaffirm our statement that “[i]n the future, barring new developments in 

Supreme Court jurisprudence, arguments seeking reconsideration of 

Almendarez-Torres will be viewed with skepticism.” Id. at 626. We urge 

“appellants and their counsel not to damage their credibility with this court 

by asserting non-debatable arguments.” Id. at 626. We meant it then and 

mean it now.

The Government’s motion for summary affirmance is GRANTED, 

the Government’s alternative motion for an extension of time to file a brief is 

DENIED, and the district court’s judgment is AFFIRMED.

Case: 21-50500 Document: 00516074331 Page: 2 Date Filed: 10/29/2021
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          25,577
<INT-BEARING-DEPOSITS>                           3,202
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    277,824
<INVESTMENTS-CARRYING>                          31,852
<INVESTMENTS-MARKET>                                 0
<LOANS>                                      1,503,808
<ALLOWANCE>                                      7,244
<TOTAL-ASSETS>                               1,971,597
<DEPOSITS>                                   1,267,924
<SHORT-TERM>                                   193,200
<LIABILITIES-OTHER>                            355,576
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           117
<OTHER-SE>                                     154,780
<TOTAL-LIABILITIES-AND-EQUITY>               1,971,597
<INTEREST-LOAN>                                 84,507
<INTEREST-INVEST>                               19,003
<INTEREST-OTHER>                                   422
<INTEREST-TOTAL>                               103,932
<INTEREST-DEPOSIT>                              41,879
<INTEREST-EXPENSE>                              20,792
<INTEREST-INCOME-NET>                           41,261
<LOAN-LOSSES>                                    1,600
<SECURITIES-GAINS>                             (6,044)
<EXPENSE-OTHER>                                 31,982
<INCOME-PRETAX>                                 12,633
<INCOME-PRE-EXTRAORDINARY>                       8,669
<EXTRAORDINARY>                                  5,700
<CHANGES>                                            0
<NET-INCOME>                                    14,369
<EPS-BASIC>                                       1.50
<EPS-DILUTED>                                     1.44
<YIELD-ACTUAL>                                    3.04
<LOANS-NON>                                      5,971
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 6,031
<CHARGE-OFFS>                                      433
<RECOVERIES>                                        46
<ALLOWANCE-CLOSE>                                7,244
<ALLOWANCE-DOMESTIC>                             4,793
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                          2,451


</TABLE>
<PAGE>   1



                                                                    Exhibit 21
                                  SUBSIDIARIES
                                  ------------
<TABLE>
<CAPTION>
                                                      Jurisdiction of                   Percentage Owned
                 Subsidiaries                          Incorporation                     By Registrant
                 ------------                         ---------------                   ----------------
<S>                                                    <C>                                    <C>
DCA Medical Services, Inc.                                Florida                             100%
Dialysis Medical, Inc.                                    Florida                              80%
Dialysis Services of Florida, Inc.-
         Fort Walton Beach                                Florida                              80%
Dialysis Services of NJ, Inc.-
         Manahawkin                                      New Jersey                           100%
Dialysis Services of Pennsylvania, Inc.-
         Carlisle                                       Pennsylvania                          100%
Dialysis Services of Pennsylvania, Inc.-
         Lemoyne                                        Pennsylvania                          100%
Dialysis Services of Pennsylvania, Inc.-
         Wellsboro                                      Pennsylvania                          100%
Renal Services of Pa., Inc.                             Pennsylvania                          100%
</TABLE>
# Fourth Court of Appeals

**San Antonio, Texas**

April 09, 2013

N o. 04

- 12

- 00841

- CV

SCHUHARDT CONSULTING PROFIT SHARING PLAN , Allan P. Blosxom, III, Thomas

O. Stoner, Stormy Night, LLC and TOS Ranch, LLC,

Appellant s

v.

DOUBLE KNOBS MOUNTAIN RANCH, INC and Carlton E. Thompson,

Appellee s

From the 38th Judicial District Court, Uvalde County, Texas

Trial Court No. 2011

- 09

- 28311

- CV

Honorable Mickey R. Pennington, Judge Presiding



### ORDER

The reporter’s record was originally due March 5, 2013; however, the court granted the

court reporter, Leticia Escamilla an extension of time until March 29, 2013 to file the record. The

record was not filed. Instead, on April 5, Escamilla filed a motion for extension of time until

April 12, 2013, to file the record

We grant the motion and order Leticia Escamilla file the record by April 12, 2013

. Ms.

Escamilla is advised that the court will not grant a further extension of time unless Escamilla (1)

establishes there are extraordinary circumstances that prevent her from timely filing the record

and (2) provides the court reasonable assurance the record will be co mpleted and filed by the

requested extended deadline.

____________________________________ Luz Elena D. Chapa , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 9 th day of April, 2013

.

____________________________________ Keit h E. Hottle , C lerk of CourtVOL. _____ PAGE _______ MINUTES

Court of Appeals

Fourth Court of Appeals District

San Antonio, Texas

April 09, 2013

N o. 04

- 12

- 00841

- CV

SCHUHARDT CONSULTING PROFIT SHARING PLAN , Allan P. Blosxom, III, Thomas

O. Stoner, Stormy Night, LLC and TOS Ranch, LLC,

Appellant s

v.

DOUBLE KNOBS MOUNTAIN RANCH, INC and Carlton E. Thompson,

Appellee s

From the 38th Judicial District Court, Uvalde County, Texas

Trial Court No. 2011

- 09

- 28311

- CV

Honorable Mickey R. Pennington, Judge Presiding



### ORDER

The reporter’s record was originally due March 5, 2013; however, the court granted the

court reporter, Leticia Escamilla an extension of time until March 29, 2013 to file the record. The

record was not filed. Instead, on April 5, Escamilla filed a motion for extension of time until

April 12, 2013, to file the record

We grant the motion and order Leticia Escamilla file the record by April 12, 2013

. Ms.

Escamilla is advised that the court will not grant a further extension of time unless Escamilla (1)

establishes there are extraordinary circumstances that prevent her from timely filing the record

and (2) provides the court reasonable assurance the record will be co mpleted and filed by the

requested extended deadline.

/s/ L uz Elena D. Chapa

Luz Elena D. Chapa , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 9 th day of April, 2013.

/s/ Keith E. Hottle

Keith E. Hottle

Clerk of Court

ENTERED THIS 9 TH DAY OF April, 2013

.