alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Order entered May 2, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-01368-CV

FREDIS BENITEZ, ET AL., Appellants

V.

CITY OF DALLAS, Appellee

On Appeal from the 14th Judicial District Court

Dallas County, Texas

Trial Court Cause No. 13-03671

ORDER

We GRANT appellee’s March 18, 2014 motion to file a sur-reply brief. We ORDER

the sur-reply brief tendered to this Court by appellee on March 18, 2014 filed as of that date.

/s/ ADA BROWN 

JUSTICE
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 Protein Polymer Technologies, Inc. (the
      "Company") on Form 10-KSB for the period ended December 31, 2006 as filed with
      the Securities and Exchange Commission on the date hereof (the "Report"), the
      undersigned hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant
      to §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/
      William N. Plamondon, III


William
      N. Plamondon, III


Chief
      Executive Officer


May 4, 2007
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3101 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3101

    To repeal a limitation on Federal procurement of certain fuels.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 5, 2011

 Mr. Conaway (for himself, Mr. Flores, Mr. Culberson, Mr. Thornberry, 
 Mr. Canseco, Mr. Griffin of Arkansas, Mr. Hensarling, Mr. Farenthold, 
 Mrs. Hartzler, Mr. Olson, Mr. Wilson of South Carolina, Mr. Bilbray, 
   Mr. Brooks, Mrs. Blackburn, Mr. Pitts, Mr. Cole, Mr. Ribble, Mr. 
  Bartlett, Mr. Gene Green of Texas, and Mr. Cuellar) introduced the 
 following bill; which was referred to the Committee on Oversight and 
                           Government Reform

_______________________________________________________________________

                                 A BILL

 
    To repeal a limitation on Federal procurement of certain fuels.

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

SECTION 1. REPEAL.

    Section 526 of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17142) is repealed.
                                 <all>
```
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1997
<PERIOD-START>                             APR-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                           1,735
<SECURITIES>                                     3,034
<RECEIVABLES>                                    1,042
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                 6,368
<PP&E>                                           2,550
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                   9,616
<CURRENT-LIABILITIES>                            1,698
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            57
<OTHER-SE>                                       7,539
<TOTAL-LIABILITY-AND-EQUITY>                     9,616
<SALES>                                          4,520
<TOTAL-REVENUES>                                 4,520
<CGS>                                              339
<TOTAL-COSTS>                                    3,639
<OTHER-EXPENSES>                                  (69)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  26
<INCOME-PRETAX>                                    585
<INCOME-TAX>                                       157
<INCOME-CONTINUING>                                428
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       428
<EPS-PRIMARY>                                      .09
<EPS-DILUTED>                                      .09
        

</TABLE>
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 this Report of AVAX Technologies, Inc. (the Company) on Form
10-QSB for the period ended September 30, 2005, as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Richard P. Rainey,
President (as such, the principal executive officer and principal financial 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 the best of 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 results of operations of the Company.
|--- |  | -------------------------------------------------------------------------------------------------------------------------------------------------------------------

|/s/   Richard P. Rainey                                                                                                                                        
|---------------------------------------------------------------------------------------------------------------------------------------------------------------
|                                                                                                                                                               
|Richard P. Rainey
                                                                      President (Principal Executive Officer and
Principal Financial Officer)
|                                                                                                                                                               
|November 14, 2005
<PAGE>
                                                                  EXHIBIT 10.82


                              AMENDMENT NUMBER TEN

           TO THE METLIFE PLAN FOR TRANSITION ASSISTANCE FOR OFFICERS
           ----------------------------------------------------------
The METLIFE PLAN FOR TRANSITION ASSISTANCE FOR OFFICERS (the "Plan") is hereby
amended as follows:

1.   The Plan is hereby amended by adding the following Section:

          "Section 10.2 2004-2005 State Street Sale. Notwithstanding the terms
          of Sections 1.4.05(b)(2) (part of "Discontinuation of Employment"),
          1.4.08 ("Discontinuance of Employment under the Provisions of the
          Company's Staffing Adjustment Policy"), 1.4.11 ("Job Elimination"),
          and 1.4.12 ("Job Elimination Participant") to the contrary, an
          Employee whose employment is discontinued as direct result of the sale
          of the equity or assets of SSRM Holdings, Inc. or its subsidiaries
          initiated in 2004 and consummated in 2005 (the "State Street Sale")
          and who thereafter begins employment in any capacity with Blackrock
          Financial Management, Inc. or any of its affiliates (each, a
          "2004-2005 State Street Sale Affected Employee"):


               (a)  shall for all purposes other than those described in Section
                    10.2(b) of the Plan and otherwise as provided by applicable
                    plan or arrangement, be deemed to be a Job Elimination
                    Participant; and

               (b)  shall not be granted or eligible for Severance Pay or
                    Outplacement Assistance under the Plan."
<PAGE>



2.   This amendment shall be effective as of August 25, 2004.

IN WITNESS WHEREOF, Metropolitan Life Insurance Company has caused this
amendment to be executed by an officer thereunto duly authorized on the date(s)
noted below the officer's signature.

METROPOLITAN LIFE INSURANCE COMPANY


By: /s/ James N. Heston
    ---------------------------
    James Heston
    Senior Vice President

Date: January 26, 2005
      ------------------



                                       2
#### Howard K. STERN, Executor of the Estate of Vickie Lynn Marshall, petitioner, v. Elaine T. MARSHALL, Executrix of the Estate of E. Pierce Marshall

No. 10-179.

Jan. 7, 2011.

Motion of the Acting Solicitor General for leave to participate in oral argument as *amicus curiae*and for divided argument granted.
Second Amendement to 2007 Long-Term Incentive Plan




 EXHIBIT 10.12.2 

SECOND AMENDMENT 
 SPECTRA ENERGY CORP 
 2007 LONG-TERM INCENTIVE PLAN 

THIS SECOND AMENDMENT is made this 8th day of December, 2008, by Spectra Energy Corp, a Delaware corporation (the “Company”), and
amends the Spectra Energy Corp 2007 Long-Term Incentive Plan originally adopted by the Company and effective as of December 18, 2006 (the “Plan”), and amended from time to time thereafter, in order to comply with the
requirements of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”). 

The Plan is hereby amended effective as of December 31, 2008, as follows: 

Section 10.3 is deleted in its entirety and replaced with the following: 

10.3. Code Section 409A Deferral Election Transition Rule. Notwithstanding any other Plan provision to the
contrary, payment under any Award that is subject to Code Section 409A and was issued to the Participant on or before December 31, 2008 may, at the Participant’s election, be deferred or accelerated to a date that Participant
specifies in such election, subject to approval by the Committee, provided that (a) no amount otherwise payable in 2007 shall be deferred beyond 2007, (b) no amount otherwise payable after 2007 shall be accelerated and paid in 2007,
(c) no amount otherwise payable in 2008 shall be deferred beyond 2008 unless the Participant’s election was made not later than December 31, 2007, and (d) no amount otherwise payable after 2008 shall be accelerated and paid in
2008 unless the Participant’s election was made not later than December 31, 2007. In the event that the Internal Revenue Service (or other governmental entity) extends this transition rule under Code Section 409A, such extension shall
automatically apply to the Plan. 
 Section 13 is amended to add the following sentence to the end thereof:

 Notwithstanding the foregoing, with respect to an Award (i) that is subject to Code
Section 409A and (ii) for which a Change in Control would accelerate the timing of payment thereunder, the term “Change in Control” shall mean a change in the ownership or effective control of the Corporation, or in the ownership
of a substantial portion of the Corporation as defined in Code Section 409A and authoritative guidance thereunder, but only to the extent inconsistent with the above definition and as necessary to comply with Code Section 409A as
determined by the Committee. 
 As amended hereby, the Plan is hereby ratified and confirmed and shall remain in full
force and effect. 
 IN WITNESS WHEREOF, the Company has adopted and executed
this Second Amendment on this 11th day of December, 2008,
to be effective as of December 31, 2008. 
  

			
	SPECTRA ENERGY CORP
		
	 By:
	 	/s/    James M. Pruett        
		
	 Name:
	 	James M. Pruett
		
	 Title:
	 	Group Vice President, HR and Support Services
Fourth Court of Appeals

San Antonio, Texas

January 23, 2019

No. 04-18-00764-CR & 04-18-00765-CR

The STATE of Texas,

Appellant

v.

Mark Anthony GONZALEZ,

Appellee

From the County Court, Kinney County, Texas

Trial Court No. 10041CR & 10056CR

Honorable Spencer W. Brown, Judge Presiding

ORDER

The State’s Motion Relating to Case Record and to Findings of Fact and Conclusions of 

Law is hereby DENIED.

_________________________________

Sandee Bryan Marion, Chief Justice

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

court on this 23rd day of January, 2019.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
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, 2009 (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 3, 2010
EXHIBIT 99.1

Certification of Chief Executive Officer



I, Shelby W. Bonnie, certify that:

1.	I have reviewed this report on Form 10-Q of CNET Networks, Inc. (CNET);

2.	Based on my knowledge, this quarterly report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements made, in light of
the circumstances under which such statements were made, not misleading with respect to the period
covered by this quarterly report;

3.	Based on my knowledge, the financial statements, and other financial information included
in this quarterly report, fairly present in all material respects the financial condition, results
of operations and cash flows of CNET as of and for the periods presented in this quarterly
report;

4.	CNET's other certifying officers and I are responsible for establishing and maintaining
disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for CNET and
have:

a)	Designed such disclosure controls and procedures to ensure that material information
related to CNET, including its consolidated subsidiaries, is made known to us by others within those
entities, particularly during the period in which this quarterly report is being prepared;

b)	Evaluated the effectiveness of CNET's disclosure controls and procedures as of a date
within 90 days prior to the filing date of this quarterly report (the Evaluation Date); and

c)	Presented in this quarterly report our conclusions about the effectiveness of the
disclosure controls and procedures based on our evaluation as of the Evaluation Date.

5.	CNET's other certifying officers and I have disclosed, based on our most recent evaluation,
to CNET's auditors and the audit committee of CNET's board of directors:

a)	all significant deficiencies in the design or operation of internal controls which could
adversely affect CNET's ability to record, process, summarize and report financial data and have
identified for CNET's auditors any material weaknesses in internal controls; and

b)	any fraud, whether or not material, that involves management or other employees who have a
significant role in CNET's internal controls; and

6.	CNET's other certifying officers and I have indicated in this quarterly report whether
there were significant changes in internal controls or in other factors that could significantly
affect internal controls subsequent to the date of our most recent evaluation, including any
corrective actions with regard to significant deficiencies and material weaknesses.



November 4, 2002



/s/Shelby W. Bonnie			 Shelby W. Bonnie
Chairman of the Board and
Chief Executive Officer
**Exhibit
      32**








**CERTIFICATION**





By
      signing below, each of the undersigned officers hereby certifies pursuant to
      18
      U.S.C. § 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 14th day of May 2007.








/s/
                Matthew P. Forrester
            
            /s/
                Vickie L. GrimesMatthew
                P. Forrester
            
            Vickie
                L. GrimesPresident
                and Chief Executive Officer
            
            Vice
                President of Finance
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

CARRIE HAHN, PETITONER

v.

LAWRENCE COUNTY,

Respondent

:

:

:

:

:

:

:

:

:

No. 237 WAL 2022

Petition for Allowance of Appeal 

from the Order of the 

Commonwealth Court

ORDER

PER CURIAM

AND NOW, this 13th day of February, 2023, the Petition for Allowance of Appeal

is DENIED.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

DARRYL N. SMITH,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D19-282

[May 2, 2019]

Appeal of order denying rule 3.850 motion from the Circuit Court for 

the Seventeenth Judicial Circuit, Broward County; Michael A. Usan, 

Judge; L.T. Case No. 10-6067CF10A.

Darryl N. Smith, Polk City, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed.

MAY, DAMOORGIAN and LEVINE, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
UNITED STATES OF AMERICA,

Plaintiff

- Appellee,

v. VICTOR CHARLES FOURSTAR, Jr.,

Defendant

- Appellant. No s
. 19

- 30289 20

- 30157
D.C. No. 4:02

- cr - 00052

- DLC

- 1

MEMORANDUM *

Appeal from the United States District Court for the District of Montana Dana L. Christensen, District Judge, Presiding

Submitted May 18, 2021 * *
Before: CANBY, FRIEDLAND, and VANDYKE, Circuit Judges

. In A ppeal No. 19

- 30289, Victor Charles Fourstar, Jr. , appeals from the
district court ’s order denying his request for a recommendation to be placed in a residential reentry center (“RRC”) . In A ppeal No. 20

- 30157, Fourstar appeals
from the district court’s Jul y 21, 2020, judgment revoking supervised release. We

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

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

# FILED

MAY 21 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS2 19

- 30289 & 20

- 30157

dismiss Appeal No. 19

- 30289 as moot. We have jurisdiction over Appeal No. 20

- 30157 under 28 U.S.C. § 1291 , and we affirm.
I n Appeal No. 19

- 30289, the sole issue presented is whether the district court abused its discretion in denying Fourstar ’s request for a recommendation to be placed in an RRC for the remainder of his sentence

. Because Fourstar has finished serving that sentence, we can provide no effective relief as to the claim
raised , and we dismiss this appeal as moot. See Spencer v. Kemna , 523 U.S. 1, 14 (1998)

. In Appeal No. 20

- 30157, Fourstar contends that the district court violated his due process right to confrontation by admitting hearsay evidence at his fifth revocation hearing without conducting the balancing test required by Federal Rule of Criminal Procedure 32.1( b)(2)(C). Reviewing de novo, we conclude that any
error was harmless

. See United States v. Perez , 526 F.3d 543, 547 (9th Cir. 2008).
Fourstar does not contest the accuracy or reliability of the challenged documents , nor did he offer any contrary evidence

. See United States v. Walker , 117 F.3d 417,
42 0

- 2 1 (9th Cir. 1997)

. 1 Moreover , the district court’s decision to revoke supervised release is also supported by two additional violations that did not rely

1 Fourstar urges us to overrule Walker and hold that the Federal Rules of Evidence apply at supervised relea se revocation proceedings. Even if we were inclined to do so, as a three

-

judge panel, we cannot. See Miller v. Gammie , 335 F.3d 889, 899

- 900 (9th Cir. 2003) (en banc).3 19

- 30289 & 20

- 30157

upon the challenged documents

. See United States v. Daniel , 209 F.3d 1091, 1094 ( 9th Cir. 2000) ( “Supervised release can be revoked based upon only one violation.”).
APPEAL N O . 19

- 30289 : DISMISSED.
APPEAL N O . 20

- 30157 : AFFIRMED.
Exhibit 12
 
 Fiscal
    
    
    Six MonthsYear Ended
    
    
    Ended
    
    
    
    
    
    
    Years EndedJune 30,
    
    
    December 31,
    
    
    
    
    
    
    December 31,2005
    
    
    2005
    
    
    2006
    
    
    2007
    
    
    2008
    
    
    2009EARNINGS:Income (loss) before income
tax expense
    
    $
    89,425
    
    
    $
    81,617
    
    
    $
    (72,722
    )
    
    $
    118,980
    
    
    $
    42,406
    
    
    $
    135,590Add: Fixed charges
    
    
    12,092
    
    
    
    6,084
    
    
    
    12,133
    
    
    
    11,839
    
    
    
    9,546
    
    
    
    6,694Earnings as defined
    
    $
    101,517
    
    
    $
    87,701
    
    
    $
    (60,589
    )
    
    $
    130,819
    
    
    $
    51,952
    
    
    $
    142,284FIXED CHARGES:Interest expense
    
    $
    8,488
    
    
    $
    4,253
    
    
    $
    8,488
    
    
    $
    8,495
    
    
    $
    6,008
    
    
    $
    4,228Amortization of deferred
financing fees
    
    
    2,152
    
    
    
    1,080
    
    
    
    2,152
    
    
    
    1,523
    
    
    
    666
    
    
    
    Interest expense as reported
    
    
    10,640
    
    
    
    5,333
    
    
    
    10,640
    
    
    
    10,018
    
    
    
    6,674
    
    
    
    4,228Portion of rent
expense as interest
    
    
    1,452
    
    
    
    751
    
    
    
    1,493
    
    
    
    1,821
    
    
    
    2,872
    
    
    
    2,466Fixed charges as defined
    
    $
    12,092
    
    
    $
    6,084
    
    
    $
    12,133
    
    
    $
    11,839
    
    
    $
    9,546
    
    
    $
    6,694Ratio of earnings to fixed charges
    
    
    8.4
    x
    
    
    14.4
    x
    
    
    (5.0)
    x
    
    
    11.1
    x
    
    
    5.4
    x
    
    
    21.3
    x