alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Motion Granted in Part and Order filed December 10, 2013 

In The

Fourteenth Court of Appeals

____________

NO. 14-13-00117-CV

____________

MEMC PASADENA, INC., Appellant

V.

RIDDLE POWER, LLC AND TRIAD ELECTRIC AND CONTROLS, INC., 

Appellees

On Appeal from the 151st District Court

Harris County, Texas

Trial Court Cause No. 2008-11010

ORDER

The reporter’s record was filed on October 22, 2013. Appellant has filed a 

motion to correct inaccuracies in the reporter’s record and to supplement the 

record. The motion is granted in part. 

Rule 34.6 allows correction of inaccuracies in the reporter’s record. Tex. R. 

App. P. 34.6. The parties may agree to correct an inaccuracy or, if the parties 

cannot agree, the trial court can hold a hearing and make a determination regarding 
the alleged inaccuracy and order the court reporter to correct the record. Tex. R. 

App. P. 34.6(e)(1)–(2). If a dispute arises regarding the accuracy of the reporter’s 

record after the record has been filed in the appellate court, the appellate court may 

submit the dispute to the trial court for resolution. Tex. R. App. P. 34.6(e)(3). 

Accordingly, we make the following order.

Pursuant to Texas Rule of Appellate Procedure 34.6, the judge of the 151st 

District Court shall immediately conduct a hearing at which the court reporter, 

appellant’s counsel, and appellees’ counsel shall participate, to determine (a) 

whether the reporter’s record contains an inaccuracy; and (b) if so, what correction 

needs to be made to conform the record (including text and exhibits) to what 

occurred in the trial court. 

If the trial judge finds that the reporter’s record is accurate, the judge shall 

see that a record of the hearing is made, shall make findings of fact, and shall order 

the trial court clerk to forward a transcribed record of the hearing and a 

supplemental clerk’s record containing the findings. Those records shall be filed 

with the clerk of this Court within 30 days of the date of this order.

If, however, the trial court finds an inaccuracy in the reporter’s record, the 

judge shall order the court reporter to conform the reporter’s record to what 

occurred in the trial court and to certify and file a corrected reporter’s record with 

the clerk of this court within 60 days of the date of this order. 

The appeal is abated, treated as a closed case, and removed from this Court’s 

active docket. The appeal will be reinstated on this Court’s active docket when the 

trial court’s findings and recommendations are filed in this Court. The Court will 

also consider an appropriate motion to reinstate the appeal filed by either party, or 

the Court may reinstate the appeal on its own motion. It is the responsibility of any 

party seeking reinstatement to request a hearing date from the trial court and to 
schedule a hearing in compliance with this Court’s order. If the parties do not 

request a hearing, the court coordinator of the trial court shall set a hearing date 

and notify the parties of such date.

PER CURIAM
<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATIONS AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               JUN-30-2000
<CASH>                                          11,120
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     36,737
<INVESTMENTS-CARRYING>                          38,281
<INVESTMENTS-MARKET>                            37,804
<LOANS>                                        246,039
<ALLOWANCE>                                      3,089
<TOTAL-ASSETS>                                 349,750
<DEPOSITS>                                     283,994
<SHORT-TERM>                                    25,343
<LIABILITIES-OTHER>                              2,374
<LONG-TERM>                                      2,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        23,885
<OTHER-SE>                                      12,154
<TOTAL-LIABILITIES-AND-EQUITY>                 349,750
<INTEREST-LOAN>                                 10,400
<INTEREST-INVEST>                                2,002
<INTEREST-OTHER>                                    41
<INTEREST-TOTAL>                                12,443
<INTEREST-DEPOSIT>                               4,718
<INTEREST-EXPENSE>                               5,152
<INTEREST-INCOME-NET>                            7,291
<LOAN-LOSSES>                                      175
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  5,609
<INCOME-PRETAX>                                  2,630
<INCOME-PRE-EXTRAORDINARY>                       1,744
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,744
<EPS-BASIC>                                        .91
<EPS-DILUTED>                                      .91
<YIELD-ACTUAL>                                    4.59
<LOANS-NON>                                        541
<LOANS-PAST>                                     1,224
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                  1,116
<ALLOWANCE-OPEN>                                 3,196
<CHARGE-OFFS>                                      465
<RECOVERIES>                                       183
<ALLOWANCE-CLOSE>                                3,089
<ALLOWANCE-DOMESTIC>                             3,089
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0


</TABLE>
EXHIBIT 32

Ludwig Kuttner, Chief Executive Officer and Charles W. Clayton, Chief Financial
Officer of Hampshire Group, Limited, each hereby certify that:

1)   The Quarterly Report of Hampshire Group, Limited on Form 10-Q for the
     period ended July 3, 2004 as filed with the Securities and Exchange
     Commission on the date hereof (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 Hampshire
     Group, Limited.





  Date:   August 10, 2004          /s/ Ludwig Kuttner
          ---------------          -------------------------
                                   Ludwig Kuttner
                                   Chief Executive Officer



  Date:   August 10, 2004          /s/ Charles W. Clayton
          ---------------          -------------------------
                                   Charles W. Clayton
                                   Chief Financial Officer
Exhibit 32.2

CERTIFICATION PURSUANT TO

18 U.S.C.
SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

The undersigned hereby certifies, for the purposes of section 1350 of chapter 63 of title 18 of the United States Code, in his capacity as interim principal financial officer of SRI/Surgical Express, Inc. (SRI), that, to his
knowledge, the Quarterly Report of SRI on Form 10-Q for the quarter ended September 30, 2009 (the Report), fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, and that the information
contained in the Report fairly presents, in all material respects, the financial condition and results of operations of SRI.



|                        |  |  |  |     |  |                                                                    
|----------------------- |  |  |  | --- |  | -------------------------------------------------------------------
|Date: November 16, 2009 |  |  |  | By: |  | /s/    Mark R. Faris                                               
|                        |  |  |  |     |  | Mark R. Faris                                                      
|                        |  |  |  |     |  | Controller and Vice President (interim principal financial officer)
Exhibit 32.1

             CERTIFICATION OF PRESIDENT AND CHIEF EXECUTIVE OFFICER
                         PURSUANT TO 18 U.S.C. ss. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with  the  Quarterly Report of ATSI Communications, Inc. on Form
10-QSB  for the period ending October 31, 2004, as filed with the Securities and
Exchange  Commission on the date hereof, I, Arthur L. Smith, President and Chief
Executive  Officer  of  the Company, certify, pursuant to 18 U.S.C, ss. 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that,

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

2)   the  information  in  the Report fairly presents, in all material respects,
     the  financial  condition  and  result  of  operations  of  the  Company.

By /s/ Arthur L. Smith
Arthur L. Smith
President and
Chief Executive Officer
December 15, 2004


<PAGE>
<PAGE>

                                  EXHIBIT 32.2

                           SECTION 1350 CERTIFICATION

In connection with the Quarterly Report of Croghan Bancshares, Inc. (the
"Corporation") on Form 10-Q for the quarterly period ended September 30, 2003,
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Allan E. Mehlow, Treasurer of the Corporation, 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 Corporation.

Date:      October 23, 2003                           /s/ Allan E. Mehlow*
                                                     --------------------------
                                                     Allan E. Mehlow, Treasurer

* This certification is being furnished as required by Rule 13a-14(b) under the
Securities Exchange Act of 1934 ( the "Exchange Act") and Section 1350 of
Chapter 63 of Title 18 of the United States Code, and shall not be deemed
"filed" for purposes of Section 18 of the Exchange Act or otherwise subject to
the liability of that section. This certification shall not be deemed to be
incorporated by reference into any filing under the Securities Act of 1933 or
the Exchange Act, except as otherwise stated in such filing.



                                       23
img21119923_0.jpg
     780 Township Line Road  Yardley, PA 19067609-883-3900


Re: Servicer Compliance Statement

The undersigned, a duly authorized officer of Cenlar FSB, as servicer (“the Servicer”) pursuant to applicable servicing agreements governing the securities listed in Exhibit A, does certify that:

1. A review of the Servicer’s activities during the period of 1/1/2023 to 12/31/2023 (the “Reporting Period”) and of the Servicer’s performance under the applicable servicing agreement has been made under my supervision; and


2. To the best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the applicable servicing agreement in all material respects throughout the Reporting Period.


The undersigned has duly executed this Certificate this 5th day of March 2024.

img21119923_1.jpg

David C. Schneider President

Cenlar FSB

Mailing Address:Cenlar FSB  425 Phillips Boulevard  Ewing, NJ 08618


---

img21119923_2.jpg








Exhibit A – Securities Covered in Cenlar’s Servicer Compliance Statement



|         |                                      |             |                                    |                       
|-------- | ------------------------------------ | ----------- | ---------------------------------- | ----------------------
|Investor | Servicer                             | Security    | * Period Subserviced by Cenlar FSB | Security Administrator
|RW0      | Redwood Residential Acquisition Corp | SEMT 2012-6 | 1/1 thru 12/31/23                  | Citibank              
|RW2      | Redwood Residential Acquisition Corp | SEMT 2013-2 | 1/1 thru 12/31/23                  | Citibank              
|RW3      | Redwood Residential Acquisition Corp | SEMT 2013-3 | 1/1 thru 12/31/23                  | Citibank              
|RW4      | Redwood Residential Acquisition Corp | SEMT 2013-4 | 1/1 thru 12/31/23                  | Citibank              
|RW5      | Redwood Residential Acquisition Corp | SEMT 2013-5 | 1/1 thru 12/31/23                  | Citibank              
|RW6      | Redwood Residential Acquisition Corp | SEMT 2013-6 | 1/1 thru 12/31/23                  | Citibank              
|RW7      | Redwood Residential Acquisition Corp | SEMT 2013-7 | 1/1 thru 12/31/23                  | Citibank              
|RW8      | Redwood Residential Acquisition Corp | SEMT 2013-8 | 1/1 thru 12/31/23                  | Citibank              






---
#### Jacques MELEK, Plaintiff-Appellant, v. Ben T. KAYASHIMA; et al., Defendants-Appellees.

No. 06-56062.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 20, 2007 *.

Filed Dec. 28, 2007.

Jacques Melek, Alta Loma, CA, pro se.

Sarah L. Overton, Esq., Cummings McClorey Davis Acho and Associates, Riverside, CA, for Defendants-Appellees.

Before: GOODWIN, WALLACE, and HAWKINS, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Jacques Melek appeals pro se from the district court’s judgment dismissing for lack of subject matter jurisdiction his action under 42 U.S.C. § 1983 alleging constitutional violations and a state law claim stemming from the reassignment of his state court civil cases to a different state court judge. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s jurisdictional dismissal

*785based on the *Rooker-Feldman*doctrine. *Noel v. Hall,*341 F.3d 1148, 1154 (9th Cir.2003). We affirm.

The district court properly concluded that the *Rooker-Feldman*doctrine bars Melek’s action because it is a “forbidden de facto appeal from a judicial decision of a state court,” and raises constitutional claims that are “inextricably intertwined” with that prior state court decision. *Id.*at 1158; see *also Doe & Assocs. Law Offices v. Napolitano,*252 F.3d 1026, 1030 (9th Cir.2001) (the *Rooker-Feldman*doctrine bars review of interlocutory state court decisions). Because the district court lacked federal subject matter jurisdiction, it properly declined to exercise supplemental jurisdiction over Melek’s state law claim. *See*28 U.S.C. § 1367(c)(3); *Brown v. Lucky Stores, Inc.,*246 F.3d 1182, 1187 (9th Cir.2001) (appellate court reviews for abuse of discretion a district court’s decision whether to retain jurisdiction over supplemental claims when original federal claims are dismissed).

Melek’s remaining contentions are unpersuasive.

Melek’s motion to consolidate is denied as moot.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 19
- 6650

BOBBY JOE BARTON , Petitioner

- Appellant ,

v. SCOTT LEWIS, Warden , Respondent

- Appellee

.

Appeal from the United States District Court for the District of South Carolina , at Beaufort

. R. Bryan Harwell , Chief District Judge. ( 9:18

- cv - 00748

- RBH )

Submitted : September 1, 2020 Decided: September 4, 2020

Before MOTZ and AGEE , Circuit Judges , and SHEDD, Senior Circuit Judge

.

Dismissed by un published per curiam opinion

. Bobby Joe Barton, Appellant Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Bobby Joe Barton seeks to appeal the district cou rt’s order accepting the recommendation of the magistrate judge and denying relief on Barton ’s 28 U.S.C. § 2254 petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1)(A). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that r easonable jurists could find the district court’s assessment of the constitutional claims debatable or wrong. See Buck v. Davis , 137 S. Ct. 759, 773

- 74 (2017). When the district court denies relief on procedural grounds, the prisoner must demonstrate bot h that the dispositive procedural ruling is debatable and that the petition states a debatable claim of the denial of a constitutional right. Gonzalez v. Thaler , 565 U.S. 134, 140

- 41 (2012) (citing Slack v. McDaniel , 529 U.S. 473, 484 (2000)). We have i ndependently reviewed the record and conclude that Barton has not made the requisite showing. Accordingly, we deny a certificate of appealability, deny leave to proceed in forma pauperis, deny Barton’s motion to place his appeal in abeyance, and dismiss t he appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
DISMISSED
Exhibit 32.2











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





In connection with the annual report on Form 10-K/A of ClubCorp Holdings, Inc. (the “Company”) for the fiscal year ended December 27, 2016 , as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Curtis D. McClellan, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, 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 at the dates and for the periods presented.








/s/ Curtis D. McClellanCurtis D. McClellanChief Financial Officer and Treasurer(principal financial officer)





Date: March 27, 2017





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





This Certification is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the registrant under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the Report), irrespective of any general incorporation language contained in such filing.
Amendment #1 to The Men's Wearhouse, Inc. 401(k) Savings Plan


 Exhibit 10.1 
 AMENDMENT #1 TO 
 THE MEN’S WEARHOUSE, INC. 401(K) SAVINGS PLAN

 Effective as of the date hereof, The Men’s Wearhouse, Inc. 401(k) Savings Plan (hereinafter referred to as the “Plan”) is
hereby amended as provided herein. 
 WHEREAS, The Men’s Wearhouse, Inc. (hereinafter referred to as the “Employer”) heretofore
adopted the Plan effective February 1, 1978, and executed the most recent amendment and restatement effective July 1, 2011; and 

WHEREAS, Section 11.1(b) provides that the Sponsoring Employer may amend any part of the Plan; and 

NOW, THEREFORE, the Plan is hereby amended as follows: 
 Section 1.176, Vesting Computation Period, is hereby deleted in its entirety and shall hereafter read as follows: 
 Vesting Computation Period. The term Vesting Computation Period means a period of twelve consecutive months which is used for purposes of determining a Participant’s Vested Interest in
the Plan (or a component of the Plan). Each Vesting Computation Period will consist of each Plan Year. 
 Section 1.179(g)(2)(i),
Determination of Years of Service for Vesting, is hereby deleted in its entirety and shall hereafter read as follows: 

Determination of Years of Service for Vesting. Any Years of Service completed prior to an Employee’s Break(s) in Service will
not be counted in determining an Employee’s Vesting Interest in the Participant’s Account balance if those Year(s) of Service are disregarded pursuant to the Rule of Parity. If such former Employee’s Year(s) of Service are not
disregarded under the Rule of Parity, then the Vesting Computation Periods will remain unchanged. 
 Section 1.179(h)(2)(i),
Determination of Years of Service for Vesting Purposes, is hereby deleted in its entirety and shall hereafter read as follows: 
 Determination of Years of Service for Vesting Purposes. Any Year(s) of Service that were completed prior to an Employee’s Break(s) in Service will not be counted for purposes of determining an
Employee’s Vesting Interest in the Participant’s Account balance if those Year(s) of Service are disregarded pursuant to the Rule of Parity. If such former Employee’s Year(s) of Service are not disregarded under the Rule of Parity,
then the Vesting Computation Periods will remain unchanged. 






 IN WITNESS WHEREOF, and as evidence of its adoption of this amendment to The Men’s Wearhouse, Inc.
401(k) Savings Plan, the Employer has caused this document to be executed by its duly authorized officer. 
  

			
	The Men’s Wearhouse, Inc.
	By:	 	 /s/ KIRK WARREN

	Print Name:	 	Kirk Warren
	Title:	 	Vice President, Benefits
	Date:	 	12-19-11