alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*Pursuant to 5

TH CIR. R. 47.5, the Court has determined that this opinion should not

be published and is not precedent except underthe limited circumstancessetforth in 5

TH

CIR. R. 47.5.4.

 

1

 The district court inadvertently referred to plaintiff as Jules J. “Walton.”

 

2

 Neither defendant has been served.

 

3 United States v. Gobert, 139 F.3d 436 (5th Cir. 1998).

UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 98-20377

Summary Calendar

JULES J. WALTER,

Plaintiff-Appellant,

versus

OMER A. ILAHI, M.D.;

MOHAMMED ARIF ILAHI, M.D.,

Defendants-Appellees.

Appeal from the United States District Court

for the Southern District of Texas

(H-98-CV-878)

December 15, 1998

Before POLITZ, Chief Judge, HIGGINBOTHAM and SMITH, Circuit Judges.

PER CURIAM:*

Jules J. Walter1appeals the dismissal for lack of jurisdiction of his pro se

suit against Drs. Omar A. Ilahi and Mohammed Arif Ilahi.2

According the pro se pleadings the required liberality,3the district court
 

4 Ellison v. Connor, 153 F.3d 247 (5th Cir. 1998); Radford v. General Dynamics

Corp., 151 F.3d 396 (5th Cir. 1998).

2

construed same as asserting claims of medical malpractice and racial

discrimination in employment. Walter does not allege employment by either

doctor, however, although he complains of racial discrimination in connection

with employment. The pleadings were also construed as a claim of

discrimination in public accommodations. Neither defendant is in any way

involved in public accommodations. The trial court construed the pleadings as

a dispute over workers’ compensation and medical malpractice in which the

insertion of assertions of racial discrimination was totally superfluous.

We review de novo the dismissal of an action for lack of jurisdiction.4

Having done so we agree with the district court that there is neither real nor

apparent jurisdictional basisfor Walter’s claims. We agree with the facts found

and analysis made by the district court in its Opinion on dismissal signed

March 25, 1998 and filed March 26, 1998. Walter is cautioned that any further

frivolous filings in this court or in the district court will invite the imposition of

the full range of sanctions available to this court and to the district court.

The judgment appealed is AFFIRMED.
NUMBER 13-16-00580-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI C EDINBURG

ERIC SANCHEZ, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 319th District Court

of Nueces County, Texas.

ORDER TO FILE APPELLATE BRIEF

Before Justices Rodriguez, Benavides, and Longoria

Order Per Curiam

This cause is currently before the Court on appellant's fourth motion for extension 

of time to file the brief. The reporter’s record was filed on May 11, 2017, and appellant’s 

brief was originally due to be filed thirty days thereafter. See Tex. R. App. P. 38.6(a). 

This Court has previously granted appellant three extensions of time totaling 143 days to 
2

file the brief, and appellant now seeks an additional 21 days, until November 27, 2017, to 

file the brief. 

The Court GRANTS appellant’s fourth motion for extension to file the brief and 

ORDERS the Honorable Gabi S. Canales to file the brief on or before November 27, 2017. 

The Court looks with disfavor on the delay caused by counsel’s failure to timely file a brief 

in this matter. No further extensions will be granted absent exigent circumstances. If 

counsel fails to file the brief within the specified period of time, the Court will act 

appropriately to ensure that appellant's rights are protected. See id. R. 38.8(b)(4). 

PER CURIAM

Do not publish.

TEX. R. APP. P. 47.2(b).

Delivered and filed the

17th day of November, 2017
#### Zacharias C. PIERRE, Plaintiff, v. BERNUTH, LEMBCKE CO., Inc., Defendant.

United States District Court S. D. New York.

March 22, 1957.

*195Paul C. Matthews, New York City, for plaintiff.

Hill, Betts & Nash, New York City, for defendant.

DIMOCK, District Judge.

Defendant, Bernuth, Lembcke Co., Inc., moves pursuant to Rule 37(d), F.R.Civ.P. to dismiss the complaint for failure of plaintiff to appear for oral examination pursuant to notice. Plaintiff, Zacharias C. Pierre, moves pursuant to Rule 30(b), F.R.C.P. to vacate defendant’s notice for examination before trial or, in the alternative, for a direction that the examination be taken only by written interrogatories.

Plaintiff instituted this action to recover damages for personal injuries alleged to have been sustained as a result of an assault upon him by an officer of the defendant’s vessel. The action was begun on November 5, 1948. Defendant examined plaintiff before trial on April 11, 1949. Plaintiff was committed to a mental institution in 1951. On May 22, 1953, this action was dismissed for want of prosecution. Plaintiff was discharged from the mental institution in July, 1955, and then deported to Trinidad. The order of May 22, 1953 dismissing the action was vacated on December 31, 1956, 20 F.R.D. 116, and the case was restored to the jury calendar for trial.

The general rule is that a plaintiff must make himself available for examination before trial in the forum he has chosen. Irwin Co., Inc., v. Tide Pub. Co., Inc., D.C.S.D.N.Y., 13 F.R.D. 18. However, defendant’s preference to examine plaintiff must be weighed against his actual need for oral examination and the burden on his opponent. Hyam v. American Export Lines, 2 Cir., 213 F.2d 221.

Plaintiff is a seaman, whose deposition was taken by defendant in 1949. Defendant noticed the deposition now in question to inquire into plaintiff’s subsequent family and personal history. In addition defendant will be entitled to a medical examination of plaintiff which cannot practicably be conducted in Trinidad. That means that he must come to New York well in advance of the trial and at that time his oral deposition will be taken. The ease cannot be put upon the Assignment Calendar until those proceedings have been completed, but in the present current state of the Court’s work the waiting period before trial is not substantial.

The motion to dismiss the complaint is denied and the motion to vacate defendant’s notice of examination is granted, on condition in both cases that plaintiff present himself for examination in New York within 60 days from the date of the appearance of a note of this decision in the New York Law Journal. In the event of failure to do so the motion to dismiss will be granted.

Counsel for plaintiff may exhibit this memorandum to the judge presiding in the Assignment Part as my request that plaintiff be accorded as early a trial as convenient.
Exhibit 31.2I, Paul G. Vanderhoven, certify that: 1. I have reviewed this quarterly report on Form 10-Q/A (Amendment 2) of Sterling Chemicals,Inc.;  2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light ofthe circumstances under which such statements were made, not misleading with respect to theperiod covered by this report;  3. Based on my knowledge, the financial statements, and other financial informationincluded 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 periodspresented in this report;  4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining 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 controlsand procedures to be designed under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, is made known to usby others within those entities, particularly during the period in which this report isbeing prepared;(b) Evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and(c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and 5. The registrant’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’sauditors and the audit committee of the registrant’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 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 whohave a significant role in the registrant’s internal control over financial reporting.Date: August 9, 2005       /s/ PAUL G. VANDERHOVEN         Paul G. Vanderhoven    Senior Vice President — Finance and Chief Financial Officer
<PAGE>
                                  EXHIBIT 32.1

                            CERTIFICATION 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 Annual Report of Winton Financial Corporation (the
"Company") on Form 10-K for the fiscal year ending September 30, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, Robert L. Bollin, President 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 result of operations of the
Company.

                                             /s/ Robert L. Bollin
                                             -----------------------------------
                                             Robert L. Bollin
                                             President (Chief Executive Officer)

December 19, 2003
#### Swartwout *against*Payne.

The plaintiff cannotdirectly moveto change his *venue ;*but he may move declaration for that PurP°se-

*Hale,*for the plaintiff, moved to change the *venue*in this *x ■*° Cause.

*Goodenow,*

contra, objected, that the plaintiff could not move to change his venue, but should move to *amend*his declaration.

*Per Curiam.*

That is the *English*practice; *(Tidd,*545. 2 Sir. 1162.;) and it has been so decided by this Court. The plaintiff, if he wishes to alter his venue, must give notice of a motion to *amend*the declaration, for that purpose. The notice is not sufficient, and the motion must be denied.

Motion denied.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

RODNEY LEE MOORE,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 223 MAL 2018

Petition for Allowance of Appeal from

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 14th day of September, 2018

, the Petition for Allowance of Appeal

is DENIED

.
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

In connection with the Annual Report of Birch Branch, Inc. (the "Company") on
Form 10-KSB for the fiscal year ended June 30, 2007 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Robert Lazzeri,
Chief Financial Officer and Director 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, to the best of my knowledge,:

     (1)  The Report fully complies with the requirements of Section 13(a) or
          15(d),as applicable, 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:    September 28, 2007
                                         /s/ Robert Lazzeri
                                         ------------------
                                         Robert Lazzeri
                                         Chief Financial Officer and Director
NUMBER 13-18-00275-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

LAW OFFICE OF THOMAS J. HENRY, Appellant,

v.

PRISCILLA ANN GARCIA, Appellee.

On appeal from the County Court at Law No. 3

of Nueces County, Texas.

ORDER

Before Chief Justice Contreras and Justices Longoria and Hinojosa

Order Per Curiam

The District Clerk is ORDERED to forward Defendant’s Exhibit 3, admitted by the 

trial court “under seal,” to the Clerk of this Court within three business days of the date of 

this order. 
2

IT IS SO ORDERED. 

PER CURIAM

Delivered and filed the

4th day of January, 2019.
**Exhibit 32.1**

 

CERTIFICATIONS OF CEO AND CFO PURSUANT TO 18U.S.C. SECTION 1350.

 

I, Richard P. Rainey, Chief Executive Officer of AVAX Technologies,Inc. (the “Company”), hereby certify pursuant to Section 1350, of chapter 63 oftitle 18, United States Code, and Section 906 of the Sarbanes–Oxley Act of2002, that, to the best of my knowledge, (1) the quarterly report on Form10-QSB of the Company to which this Exhibit is attached (the “Report”) fullycomplies with the requirements of section 15(d) of the Securities Exchange Actof 1934, and (2) the information contained in the Report fairly presents, inall material respects, the financial condition and results of operations of theCompany.

 

 
| /s/ Richard P. Rainey |                 |
|-----------------------|----------------------|
| Richard P. Rainey     |                 |
|                  |                 |
| Dated:                | August 14, 2003 |
|                       |                      |  |

 

 

I, Richard P. Rainey,Chief Financial Officer of AVAX Technologies, Inc. (the “Company”), herebycertify pursuant to Section 1350, of chapter 63 of title 18, United StatesCode, and Section 906 of the Sarbanes–Oxley Act of 2002, that, to the best ofmy knowledge (1) the quarterly report on Form 10-QSB of the Company to whichthis Exhibit is attached (the “Report”) fully complies with the requirements ofsection 15(d) of the Securities Exchange Act of 1934, and (2) the informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| /s/ Richard P. Rainey |                 |
|-----------------------|----------------------|
| Richard P. Rainey     |                 |
|                  |                 |
| Dated:                | August 14, 2003 |
|                       |                      |  |

 

----
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2480 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2480

 To amend title 5, United States Code, to authorize appropriations for 
  the Administrative Conference of the United States for fiscal years 
             2012, 2013, and 2014, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              July 8, 2011

Mr. Smith of Texas (for himself and Mr. Coble) introduced the following 
       bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend title 5, United States Code, to authorize appropriations for 
  the Administrative Conference of the United States for fiscal years 
             2012, 2013, and 2014, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Administrative Conference of the 
United States Reauthorization Act of 2011''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

    Section 596 of title 5, United States Code, is amended to read as 
follows:
``Sec. 596. Authorization of appropriations
    ``There are authorized to be appropriated to carry out this 
subchapter not more than $2,750,000 for fiscal year 2012, $2,750,000 
for fiscal year 2013, and $2,750,000 for fiscal year 2014. Of any 
amounts appropriated under this section, not more than $2,500 may be 
made available in each fiscal year for official representation and 
entertainment expenses for foreign dignitaries''.
                                 <all>
```
I 

112TH CONGRESS 

1ST SESSION H. R. 262 

To require any amounts remaining in a Member’s Representational Allowance 

at the end of a fiscal year to be deposited in the Treasury and used 

to reduce the Federal debt. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 12, 2011 

Mr. SCALISE (for himself, Mr. GINGREY of Georgia, Mr. PETERS, Mr. ROSS

of Florida, and Mr. CRAVAACK) introduced the following bill; which was 

referred to the Committee on House Administration 

A BILL 

To require any amounts remaining in a Member’s Representational Allowance at the end of a fiscal year to be 

deposited in the Treasury and used to reduce the Federal 

debt. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Mandatory Returning 

5 of Allowances Act’’ or the ‘‘MRA Act’’. 


rfrederick on DSKD9S0YB1PROD with BILLS
2 

•HR 262 IH

1 SEC. 2. REQUIRING AMOUNTS REMAINING IN MEMBERS’ 

2 REPRESENTATIONAL ALLOWANCES TO BE 

3 USED TO REDUCE THE FEDERAL DEBT. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, any amounts appropriated for Members’ Rep6 resentational Allowances for the House of Representatives 

7 for a fiscal year which remain after all payments are made 

8 under such Allowances for the year shall be deposited in 

9 the Treasury and used to reduce the Federal debt (in such 

10 manner as the Secretary of the Treasury considers appro11 priate). 

12 (b) EFFECTIVE DATE.—This section shall apply with 

13 respect to fiscal year 2011 and each succeeding fiscal year. 

Æ 


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| (logo) WELLS            FARGO | Corporate Trust ServicesMAC R1204-010 9062 Old Annapolis Road

Columbia, MD 21045

 

Tel:  410 884 2000

Fax: 410 715 2380 |
|---------------------------------------------------------------------------------|---------------------------------------------------------------------------------------------------------------------------------------|

 

 

 

Deutsche Mortgage & Asset Receiving Corporation 

60 Wall Street 

New York, New York 10005 

 

 

 

 

RE: Annual Statement of Compliance for COMM 2013-CCRE10 Mortgage Trust 

Commercial Mortgage Pass-Through Certificates 

 

 

Per the Pooling and Servicing Agreement dated as of August 1, 2013 (the "Agreement"), the undersigned, a duly authorized officer of Wells Fargo Bank, N.A., as Certificate Administrator ("Wells Fargo"), hereby certifies as follows as of and for the year ending December 31, 2014 (the "Reporting Period"): 

 

 

(a) A review of Wells Fargo's activities during the Reporting Period and of its performance under the Agreement has been made under such officer's supervision; and 

 

(b) To the best of such officer's knowledge, based on such review, Wells Fargo has fulfilled all of its obligations under the Agreement in all material respects throughout the Reporting Period. 

 

 

 

March 9, 2015 

 

 

/s/  Brian Smith 

BRIAN SMITH 

Vice President

 

 

 

 
| Wells Fargo Bank, N.A. |  |
|------------------------|--|
I 

112TH CONGRESS 

1ST SESSION H. R. 2765 

To amend the Federal Water Pollution Control Act to clarify the requirement 

that permit applications for the discharge of pollutants be approved 

by disinterested board members, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 1, 2011 

Mr. GARY G. MILLER of California (for himself, Mr. ROHRABACHER, and Mr. 

CALVERT) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To amend the Federal Water Pollution Control Act to clarify 

the requirement that permit applications for the discharge of pollutants be approved by disinterested board 

members, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Sunshine on Conflicts 

5 Act of 2011’’. 


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2 

•HR 2765 IH

1 SEC. 2. APPROVAL BY DISINTERESTED BOARD MEMBERS. 

2 (a) IN GENERAL.—Section 402(a) of the Federal 

3 Water Pollution Control Act (33 U.S.C. 1342(a)) is 

4 amended by adding at the end the following: 

5 ‘‘(6) Not later than 60 days after the date of the en6 actment of this paragraph, the Administrator shall issue 

7 a rule to prohibit any member of a board or body that 

8 approves permit applications or portions thereof from vot9 ing upon, or seeking to influence, the approval of any per10 mit in which that member has a direct or indirect financial 

11 interest, as defined in applicable State law.’’. 

12 (b) NO FORCE OR EFFECT OF EXISTING REGULA13 TION.—Section 123.25(c) of title 40, Code of Federal Reg14 ulations, shall have no further force or effect after the ear15 liest of the date on which a rule is issued under section 

16 402(a)(6) of the Federal Water Pollution Control Act (33 

17 U.S.C. 1342(a)(6)) or the end of the 120-day period be18 ginning on the date of the enactment of this section. 

Æ 


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