alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This memorandum opinion was not selected for publication in the New Mexico Appellate Reports. Please see Rule 12-405 NMRA for restricti ons on the citation of unpublished memorandum opinions. Please also note that this electronic memorandum opinion may contain computer-generated errors or other deviations from the official paper version filed by the Court of Appeals and does not include the filing date. IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO 1
TOMMY SOWARDS and 2 BARBARA SOWARDS 3 Plaintiffs-Appellants, 4
v. NO. 34,373 5 BIOTRONIK, INC. and 6 EDWARD TAGUE,, 7 Defendants-Appellees. 8 APPEAL FROM THE DISTRICT COURT OF DOÑA ANA COUNTY 9 Douglas R. Driggers, District Judge 10 McGinn, Carpenter, Montoya & Love, PA 11 Randi McGinn 12 Kathy Love 13 Michael Sievers 14 Albuquerque, NM 15 for Appellants 16 Cervantes Law Firm 17 Joseph Cervantes 18 Las Cruces, NM 192 Holland & Knight, LLP 1 William F. Gould 2 Kelly Krystyniak 3 Washington, D.C. 4 Modrall, Sperling, Roehl, Harris & Sisk, P.A. 5 Alex C. Walker 6 Albuquerque, NM 7 for Appellee Biotronik, Inc. 8 Silva & Associates, P.C. 9 Benjamin Silva, Jr. 10 Michael Hughes 11 Albuquerque, NM 12 for Appelle Edward Tague 13
MEMORANDUM OPINION 14 WECHSLER, Judge. 15 {1} Plaintiffs filed an appeal following the judgment entered in this case. We 16 proposed to dismiss the appeal for lack of a final, appealable order. In response, the 17 parties have filed a joint memorandum supporting the proposed dismissal. Therefore, 18 for the reasons discussed in the notice of proposed disposition, we dismiss this appeal 19 without prejudice. This Court will retain the record proper for a reasonable period of 20 time for use in any subsequent appeal that might result from this case once a final, 21 appealable order is filed. The partie s are hereby ordered to notify the Court 223 immediately should the case be resolved in mediation or otherwise, or once the parties 1 are aware that no further appeals will be filed in this case. 2

{2} IT IS SO ORDERED. 3

____________ ____________________ 4 JAMES J. WECHSLER, Judge 5
WE CONCUR: 6

________________________________ 7 JONATHAN B. SUTIN, Judge 8

________________________________ 9 RODERICK T. KENNEDY, Judge 10
**Exhibit 10.1**

**SRI/SURGICAL EXPRESS, INC.**

**AMENDMENT NO. 1**

**TO**

**1998 STOCK OPTION PLAN**

**(as Amended and Restated as of June 17, 2005)**

**Effective May 8, 2006**

In accordance with Section 5.6 of the 1998 Stock Option Plan, asamended and restated as of June 17, 2005 (the “**Plan**”), by action of its Board of Directors, SRI/Surgical Express, Inc. (the “**Company**”) amends the Plan as set forth below. Capitalized terms used in thisAmendment No. 1 to 1998 Stock Option Plan (this “**Amendment No. 1**”) and not defined shall have the meanings given to them in the Plan. 

**Section 1. Amendments to the Plan.**

(a) The definition of Market Value set forth inSection 1.2 of the Plan is deleted and replaced in its entirety with the following: 

**“MARKET VALUE”**means, as of any particular day, the closing sales price of the Shares on such day (or if such day is not a business day, on the preceding business day) as reported on the Nasdaq National Market (“Nasdaq”), or if not reported on Nasdaq, asreported on the principal national securities exchange or other market on which the Shares are listed or admitted to trading (the “Exchange”). If no regular sale of the Shares was reported on such day, Market Value shall mean the closingsales price of the Shares on the preceding business day on which there were sales, as reported on Nasdaq. 

(b) The fifth sentence ofSection 4.2 of the Plan is amended to replace the reference to “30 calendar days” to “90 calendar days.” As a result, the entire fifth sentence of Section 4.2 of the Plan now reads as follows (with foregoing amendmentunderlined herein solely for illustrative purposes): 

An award of a Stock Option to a Participant will be cancelled automatically if theParticipant does not accept the award within 90 calendar days following the date when the Participant is given written notice of the award. 

**Section 2. Amendments Not Retroactive.** No amendment set forth in this Amendment No. 1 shall be retroactive or otherwise impact or amend any Award or Option Agreement granted, issued or entered into by the Companyprior to the date hereof. 

**Section 3. No Other Amendments.** Except as specifically set forth in this AmendmentNo. 1, no other changes or amendments are made to the Plan. 

* * * * *
<TABLE> <S> <C>


<ARTICLE>                     5
<CIK>                         0001015551
<NAME>                        Sprint Spectrum L.P.
<MULTIPLIER>                                   1,000


<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              Dec-31-1998
<PERIOD-END>                                   Mar-31-1998
<CASH>                                         89,800
<SECURITIES>                                   0
<RECEIVABLES>                                  115,300
<ALLOWANCES>                                   13,600
<INVENTORY>                                    87,500
<CURRENT-ASSETS>                               353,400
<PP&E>                                         3,662,500
<DEPRECIATION>                                 351,600
<TOTAL-ASSETS>                                 6,092,900
<CURRENT-LIABILITIES>                          1,019,600
<BONDS>                                        3,968,600
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     1,038,500
<TOTAL-LIABILITY-AND-EQUITY>                   6,092,900
<SALES>                                        0
<TOTAL-REVENUES>                               143,800
<CGS>                                          0
<TOTAL-COSTS>                                  508,100
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             77,300
<INCOME-PRETAX>                                (439,800)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (439,800)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (439,800)
<EPS-BASIC>                                  0
<EPS-DILUTED>                                  0



</TABLE>
1 TheHonorable Russell G. Clark, United States District Judge for the Western

District of Missouri. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 98-2785

___________ Joyce R. Jordan, * * Appellant, * * Appeal from the United States v. * District Court for the * Western District of Missouri. Kenneth S. Apfel, Commissioner of * Social Security, * [UNPUBLISHED] * Appellee. *

___________ Submitted: March 4, 1999 Filed: April 5, 1999

___________ Before McMILLIAN, LOKEN, and MURPHY, Circuit Judges.

___________ PER CURIAM. Joyce R. Jordan appeals the district court’s 1 grant of summary judgment affirmingthe Social Security Commissioner’s decision to deny her application for supplemental security income. Having reviewed the record and the parties’ briefs, we conclude that no error of law or fact appears and that an opinion would lack precedential value. We affirm the district court’s judgment. See 8th Cir. R. 47B.-2-

A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
### NUMBER 13

- 1 6

- 00 580

- 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 319 th District Court

of Nueces County, Texas.



## ORDER TO FILE APPELLATE BRIEF

Before Justices Rodriguez, Benavides, and Longoria

Order Per Curiam

T his 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 a ppellant ’ s

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

T his Court has previously granted appellant three extensions of time totaling 143 days to2

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

file the brief.

The Co urt 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.

T EX

. R. A PP

. P. 47.2(b).

Delivered and filed the

17th day of November

, 2017
Exhibit 32.2

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

The undersigned, as
Chief Financial Officer of Transcend Services, Inc., certifies that to the undersigneds knowledge, the Form 10-K/A for the year ended December 31, 2007, which accompanies this certification fully complies with the requirements of
Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information contained in the annual report fairly presents, in all material respects, the financial condition and results of operations of Transcend Services,
Inc. at the dates and for the periods indicated. The foregoing certification is made solely for purposes of Title 18, Chapter 63, Section 1350 of the United States Code.



|                                                                                  
|----------------------------------------------------------------------------------
|                                                                                  
|/s/    LANCE
CORNELL                                                              
|Lance Cornell Chief Financial Officer (Principal Financial and Accounting Officer)

Date: April 15, 2008
I 

112TH CONGRESS 

1ST SESSION H. R. 261 

To amend the Outer Continental Shelf Lands Act to prohibit the leasing 

of any area of the outer Continental Shelf for the exploration, development, or production of oil, gas, or any other mineral. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 11, 2011 

Mr. PALLONE (for himself, Mr. GARAMENDI, and Ms. CASTOR of Florida) introduced the following bill; which was referred to the Committee on Natural Resources 

A BILL 

To amend the Outer Continental Shelf Lands Act to prohibit 

the leasing of any area of the outer Continental Shelf 

for the exploration, development, or production of oil, 

gas, or any other mineral. 

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 ‘‘No New Drilling Act 

5 of 2011’’. 


jbell on DSKDVH8Z91PROD with BILLS
2 

•HR 261 IH

1 SEC. 2. PROHIBITION ON LEASING OF OCS FOR EXPLO2 RATION, DEVELOPMENT, OR PRODUCTION OF 

3 OIL, GAS, OR ANY OTHER MINERAL. 

4 Section 18 of the Outer Continental Shelf Lands Act 

5 (16 U.S.C. 1344) is amended— 

6 (1) by striking so much as precedes subsection 

7 (g) and inserting the following: 

8 ‘‘SEC. 18. PROHIBITION ON LEASING OF OCS FOR EXPLO9 RATION, DEVELOPMENT, OR PRODUCTION OF 

10 OIL, GAS, OR ANY OTHER MINERAL. 

11 ‘‘(a) IN GENERAL.—Notwithstanding any other pro12 vision of law, no lease may be issued for the exploration, 

13 development, or production of oil, gas, or any other min14 eral on the outer Continental Shelf.’’; 

15 (2) by redesignating subsections (g) and (h) as 

16 subsections (b) and (c), respectively; and 

17 (3) in subsection (c), as so redesignated, by 

18 striking the first sentence. 

Æ 


jbell on DSKDVH8Z91PROD with BILLS
Order entered June 3 , 2022

In The 

### Court of Appeals **Fifth District of Texas at Dallas**

No. 05

- 22

- 00352

- CV

PATRICIA TOLLESON , Appellant

V.
KAREN LISS LARA ARGUETA , Appellee
On Appeal from the Count y Court at Law No. 2 Dallas County, Texas Trial Court Cause No. CC

- 21

- 04904

- B

O RDER The reporter’s record is past due. Although directed to provide, by May 13, 2022, written verification that she has requested the reporter’s record and
cautioned her tha t failure to do so may result in an order submitting the appeal without the reporter’s record, appellant has failed to comply. Accordingly, we
ORDER the appeal be submitted without the reporter’s record. See T EX

. R. A PP

. P. 37 .3(c). Appellant’s brief on the merits is due July 5, 2022

. /s/ ROBERT D. BURNS, III CHIEF JUSTICE
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          30,242
<SECURITIES>                                     6,275
<RECEIVABLES>                                   11,435
<ALLOWANCES>                                     (387)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                48,778
<PP&E>                                           4,892
<DEPRECIATION>                                 (2,132)
<TOTAL-ASSETS>                                  59,338
<CURRENT-LIABILITIES>                           12,406
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        57,269
<OTHER-SE>                                    (10,712)
<TOTAL-LIABILITY-AND-EQUITY>                    59,338
<SALES>                                          7,073
<TOTAL-REVENUES>                                11,231
<CGS>                                            2,559
<TOTAL-COSTS>                                    9,992
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  37
<INCOME-PRETAX>                                (1,206)
<INCOME-TAX>                                        77
<INCOME-CONTINUING>                            (1,283)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,283)
<EPS-PRIMARY>                                   (0.09)
<EPS-DILUTED>                                   (0.09)
        

</TABLE>
**EXHIBIT 23.2****CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**     Weconsent to the incorporation by reference in Registration Statements(Nos. 33-96848, 333-104640, 333-110258, 333-111993, 333-112639,333-122645, 333-131354) on Form S-3 and (Nos. 333-33902, 333-33904,333-111994, 333-112059, 333-112060, 333-118189) on Form S-8 of JMARTechnologies, Inc. of our report dated March 29, 2007 relatingto our audit of the consolidated financial statements and thefinancial statement schedule, which appears on Form 10-K of JMARTechnologies, Inc. for the year ended December 31, 2006./s/ SINGER LEWAK GREENBAUM & GOLDSTEIN LLPSanta Ana, California
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 Quarterly Report of Braintech, Inc. (the “Company”) on Form 10-Q for the six month period ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Edward A. White, the Principal Financial and Accounting Officer 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 my knowledge:




(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/ Edward A. White




Edward A. White




Principal Financial Officer and Accounting Officer




Dated: August 12, 2009
Exhibit 32.2

Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

The undersigned, as Chief Financial Officer of Transcend Services, Inc. (the Company), certifies that to the undersigneds knowledge, the Annual Report on Form 10-K of the Company for the
year ended December 31, 2010 (the Report), which accompanies this certification fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and 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 indicated. The foregoing certification is made solely for purposes of Title 18, Chapter 63,
Section 1350 of the United States Code.



|                                                                                  
|----------------------------------------------------------------------------------
|/s/    LANCE
CORNELL                                                              
|Lance Cornell Chief Financial Officer (Principal Financial and Accounting
Officer)

Date: March 15, 2011
<TABLE> <S> <C>



<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                                        <C>                     <C>
<PERIOD-TYPE>                              3-MOS                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996            DEC-31-1996 
<PERIOD-END>                               SEP-30-1996            SEP-30-1996 
<CASH>                                       5,668,285              5,668,285 
<SECURITIES>                                         0                      0 
<RECEIVABLES>                                4,723,768              4,723,768 
<ALLOWANCES>                                   256,000                256,000 
<INVENTORY>                                    233,629                233,629 
<CURRENT-ASSETS>                            13,379,420             13,379,420 
<PP&E>                                      47,711,716             47,711,716 
<DEPRECIATION>                              21,696,357             21,696,357 
<TOTAL-ASSETS>                             122,569,380            122,569,380 
<CURRENT-LIABILITIES>                       12,365,583             12,365,583 
<BONDS>                                     81,489,520             81,489,520 
<PREFERRED-MANDATORY>                            1,700                  1,700 
<PREFERRED>                                          0                      0 
<COMMON>                                             0                      0 
<OTHER-SE>                                  (8,712,632)            (8,712,632) 
<TOTAL-LIABILITY-AND-EQUITY>               122,569,380            122,569,380 
<SALES>                                     10,937,614             30,119,853 
<TOTAL-REVENUES>                            10,937,614             30,119,853 
<CGS>                                                0                      0 
<TOTAL-COSTS>                               11,541,135             30,213,704 
<OTHER-EXPENSES>                               (5,047)               (95,020) 
<LOSS-PROVISION>                                     0                      0 
<INTEREST-EXPENSE>                           3,359,071              8,929,328 
<INCOME-PRETAX>                             (3,957,518)            (8,928,159) 
<INCOME-TAX>                                    22,756               (110,000) 
<INCOME-CONTINUING>                         (3,980,274)            (8,818,159) 
<DISCONTINUED>                                       0                      0 
<EXTRAORDINARY>                               (250,603)              (250,603) 
<CHANGES>                                            0                      0 
<NET-INCOME>                                (4,230,877)            (9,068,762) 
<EPS-PRIMARY>                                    (0.82)                 (1.76) 
<EPS-DILUTED>                                    (0.82)                 (1.76) 
                                                                  



</TABLE>
Exhibit 32



                                  CERTIFICATION

     By  signing  below,  each  of the  undersigned  officers  hereby  certifies
pursuant  to 18 U.S.C.  ss.  1350,  as adopted  pursuant  to Section  906 of the
Sarbanes-Oxley Act of 2002, that, to his or her knowledge, (i) this report fully
complies  with the  requirements  of  Section  13(a) or 15(d) of the  Securities
Exchange Act of 1934 and (ii) the  information  contained in this report  fairly
presents,  in all material  respects,  the  financial  condition  and results of
operations of River Valley Bancorp.

     Signed this 17th day of May, 2004.



By: /s/ Larry C. Fouse                    By: /s/ Matthew P. Forrester
--------------------------------          --------------------------------------
Larry C. Fouse                            Matthew P. Forrester
Vice President of Finance                 President and Chief Executive Officer




A signed  original of this written  statement  required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the  electronic  version of this written  statement
required by Section 906, has been  provided to River Valley  Bancorp and will be
retained by River Valley  Bancorp and furnished to the  Securities  and Exchange
Commission or its staff upon request.
EXHIBIT 13.1

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 on Form 20-F of Luxottica Group S.p.A. (the "Company") for the fiscal year ended December 31, 2003
as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Roberto Chemello, Chief Executive Officer of the Company, certify to my knowledge, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), that:

|       |  |               |  | By: |  | /s/ Roberto ChemelloRoberto Chemello
Chief Executive Officer
|------ |  | ------------- |  | --- |  | ------------------------------------------------------------
|Dated: |  | June 29, 2004 |  |     |  |                                                             

This written statement accompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934.

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

---



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