alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-82,588-01

EX PARTE FRANZWA DUVAR MILLER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W09-40846-J(A) IN CRIMINAL DISTRICT COURT NO. 3

FROM DALLAS COUNTY

Per curiam.

O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of capital murder

and sentenced to imprisonment for life. The Fifth Court of Appeals affirmed his conviction. Miller

v. State, No. 05-10-01086-CR (Tex. App.—Dallas Aug. 10, 2012) (not designated for publication).

Applicant contends, among other things, that trial counsel rendered ineffective assistance.

On April 16, 2014, the trial court entered a timely order designating issues. Applicant has alleged

facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex
2

parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). In these circumstances, additional

facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960),

the trial court is the appropriate forum for findings of fact. The trial court shall order counsel to

respond to Applicant’s claims of ineffective assistance of counsel. The trial court may use any

means set out in TEX. CODE CRIM. PROC. art. 11.07, § 3(d). In the appropriate case, the trial court

may rely on its personal recollection. Id.

If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. 

If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an

attorney to represent him at the hearing. TEX. CODE CRIM. PROC. art. 26.04. 

The trial court shall make findings of fact and conclusions of law in response to Applicant’s

claims. The trial court shall also make any other findings of fact and conclusions of law that it

deems relevant and appropriate to the disposition of Applicant’s claims for habeas corpus relief.

This application will be held in abeyance until the trial court has resolved the fact issues. The

issues shall be resolved within 90 days of this order. A supplemental transcript containing all

affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or

deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall

be forwarded to this Court within 120 days of the date of this order. Any extensions of time shall

be obtained from this Court.

Filed: January 14, 2015

Do not publish
[26 NYS3d 654]

#### GLM Medical, P.C., as Assignee of Anty Estesy, Appellant, v Geico General Ins. Co., Respondent.

Supreme Court, Appellate Term, Second Department, 2d, 11th and 13th Judicial Districts,

December 2, 2015

*105APPEARANCES OF COUNSEL

*Gary Tsirelman P.C.,*Brooklyn *{David M. Gottlieb*of counsel), for appellant.

*Law Office of Printz & Goldstein,*Woodbury *{Lawrence J. Chanice*of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

Ordered that the order is reversed, without costs, and plaintiffs motion to restore the action to the trial calendar is granted.

In this action by a provider to recover assigned first-party no-fault benefits, plaintiff filed a notice of trial on May 19, 2008. A notation on the New York State Unified Court System eCourts public website indicates that the matter was “settled” on March 9, 2009. Approximately 3V2 years later, plaintiff, asserting that the case was mistakenly marked “settled,” moved to restore the action to the trial calendar and for an order exempting plaintiff from filing another notice of trial. Defendant opposed plaintiffs motion and cross-moved to dismiss the complaint based upon plaintiffs failure to proffer a reasonable excuse for not timely moving to restore the case. Plaintiff appeals from an order of the Civil Court which denied plaintiffs motion as untimely, finding that restoration of the case would prejudice defendant.

In support of plaintiffs motion, its attorney stated that her review of the file shows that there had been no settlement, whereas defendant’s attorney asserts that the case was dismissed because the same causes of action had been settled with previous counsel. While the eCourts website, of which we may take judicial notice (see *Matter of Cento Props. Co. v Assessor,*71 AD3d 1015 [2010]; *Kingsbrook Jewish Med. Ctr. v Allstate Ins. Co.,*61 AD3d 13 [2009]), states that this matter was settled on March 9, 2009, such a notation on the website “does not constitute a sufficient memorialization of the terms of the alleged settlement so as to satisfy the open-court requirement of CPLR 2104” *(Andre-Long v Verizon Corp.,*31 AD3d 353, 354 [2006]; *see Johnson v Four G’s Truck Rental,*244 AD2d 319 [1997]). Furthermore, as there is no indication that the *106purported settlement was reduced to a writing and signed by the parties, or made in open court, an enforceable settlement agreement cannot be determined from the record before us *(see*CPLR 2104; *Stuart Realty Co. v Rye Country Store,*296 AD2d 455 [2002]). Since there is no proof that an enforceable settlement was ever reached, plaintiff’s motion should have been granted. We note that, contrary to the determination of the Civil Court, plaintiff was not obligated to demonstrate in its motion, among other things, lack of prejudice to defendant, since the case had been marked “settled” *(see Long-Waithe v Kings Apparel Inc.,*10 AD3d 413 [2004]), whether or not erroneously. In view of the foregoing, we reach no other issue.

Accordingly, the order is reversed and plaintiff’s motion to restore the action to the trial calendar is granted.

Elliot, J.P., Pesce and Solomon, JJ., concur.
EXHIBIT 32.1



CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Sunterra Corporation (the Company) on
Form 10-Q for the quarterly period ended December 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, in the capacity and as of the date indicated below, hereby certifies
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 Company.



|                       
|-----------------------
|/s/ NICHOLAS J. BENSON 
|Nicholas J. Benson     
|Chief Executive Officer
|Dated: February 9, 2005
<TABLE> <S> <C>



<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
STATEMENTS OF OPERATIONS AND BALANCE SHEETS FOUND ON PAGES 32 AND 33 OF THE
COMPANY'S FORM 10-K FOR THE YEAR, AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          FEB-27-1999
<PERIOD-START>                             MAR-01-1998
<PERIOD-END>                               FEB-27-1999
<CASH>                                             269
<SECURITIES>                                         0
<RECEIVABLES>                                    1,763
<ALLOWANCES>                                         0
<INVENTORY>                                     60,832
<CURRENT-ASSETS>                                66,857
<PP&E>                                          52,955
<DEPRECIATION>                                  31,601
<TOTAL-ASSETS>                                  96,443
<CURRENT-LIABILITIES>                           36,245
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                      30,117
<TOTAL-LIABILITY-AND-EQUITY>                    96,443
<SALES>                                        227,571
<TOTAL-REVENUES>                               227,571
<CGS>                                          163,628
<TOTAL-COSTS>                                  163,628
<OTHER-EXPENSES>                                60,953
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,030
<INCOME-PRETAX>                                    214
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                214
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       214
<EPS-BASIC>                                     0.02
<EPS-DILUTED>                                     0.02



</TABLE>
-1-

Order entered August 5, 2014

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-01194-CR

KEITH WAYNE EDWARDS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 4

Dallas County, Texas

Trial Court Cause No. F-1216761-K

ORDER

This appeal is REINSTATED.

Appellant’s July 30, 2014 motion to withdraw the order of abatement and to accept 

appellant’s brief tendered with the motion is GRANTED. We VACATE our order of June 2, 

2014 requiring the trial court to make findings of fact regarding why appellant’s brief was not 

filed. Appellant’s brief received by the Clerk of the Court on July 30, 2014 is DEEMED timely 

filed on the date of this order.

The State’s brief shall be due THIRTY DAYS from the date of this order.

Appellant has also filed a July 30, 2014 motion to supplement the record on appeal in 

which appellant points out the reporter’s record filed does not contain a copy of the DVD 

admitted into evidence as State’s Exhibit 13 and contains only partial copies of the DVDs 
-2-

admitted into evidence as State’s Exhibits 51 and 52. Appellant further alleges the clerk’s record 

is incomplete as filed because the jury charge on punishment is out of order, appears to have 

missing pages, and counsel cannot determine if the charge is complete because only the first four 

pages of the charge are numbered.

A review of the record filed in this case confirms appellant’s allegations about the 

missing and partial exhibits in the reporter’s record. A review of the punishment charge filed 

shows that in addition to the first four numbered pages, clerk’s record page 115, the last verdict 

form page, is numbered as page “8” in the sequence. Because the clerk’s record contains eight 

pages and the pages filed appear to be cohesive and complete except for page “8” being filed out 

of order, we conclude the jury charge on punishment is complete. 

Accordingly, appellant’s motion to supplement the record is GRANTED IN PART. We 

ORDER Deputy Official Court Reporter Kendra Thibodeaux to file, within THIRTY days of 

the date of this order, a supplemental reporter’s record consisting of complete copies of the 

DVDs admitted into evidence as State’s Exhibits 13, 51, and 52.

/s/ LANA MYERS 

JUSTICE
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

###### Internal Revenue Service

          - 26 CFR Part 1

### CFR Correction

In Title 26 of the Code of Federal Regulations, Part 26, §§ 1.401 to 1.409, revised as of April 1, 2017, on page 235, in § 1.401(a)(9)-6, at the end of paragraph (d)(3)(i), insert the words “as of the date of purchase”.

[FR Doc. 2017-21742 Filed 10-5-17; 8:45 am]

BILLING CODE 1301-00-D
ex10-1.htm


 


 



Exhibit 10.1


 


TENGION, INC.


 


AMENDED AND RESTATED MANAGEMENT SEVERANCE PAY PLAN


 


Instrument of Amendment and Termination


 


WHEREAS, Tengion, Inc. (the “Company”) maintains the Tengion, Inc. Amended and Restated Management Severance Pay Plan (the “Management Severance Plan”), effective as of March 15, 2012; and


 


WHEREAS, the Company as settlor of the Management Severance Plan wishes to amend and terminate the Management Severance Plan.


 


NOW THEREFORE, pursuant to Section 11 of the Management Severance Plan, the Company hereby terminates the Management Severance Plan effective as of the date set forth below (the “Amendment Date”).


 


1.           Section 3 is hereby amended in its entirety to read as follows:







“3.           Effective Date. The Plan’s effective date is the date this Plan is approved by the Company Board of Directors (the “Board”), which date is set forth above (the “Effective Date”).  It applies to all Eligible Employees who are terminated from employment after the Effective Date and before the Amendment Date of this Plan. The Plan shall terminate once all benefits hereunder have been paid. The Company has reserved the right to amend the Plan at any time.  For the avoidance of doubt, no benefits shall be payable under or provided by the Plan after the Amendment Date.”







2.           Section 4(d) is hereby amended to read as follows:




 


“(d)           either (1) be terminated from employment after the Effective Date and before the Amendment Date as a result of a job elimination, workforce reduction or reorganization, or other reason (other than any termination for ‘cause’); or (2) terminate employment after the Effective Date and before the Amendment Date for ‘Good Reason’ (as defined below);”







3.           Section 5 is amended by adding a new subsection (e) which reads as follows:







“(e)           Notwithstanding the foregoing, benefits under this Plan shall not be payable under or provided by this Plan after the Amendment Date, and the Plan shall accordingly be terminated as of the Amendment Date.”


 


 


 




 




  





  











  








 


IN WITNESS WHEREOF, the Company has caused this Instrument of Amendment and Termination to be executed in its name and behalf by its authorized officers this 4th day of December, 2014.


 



TENGION, INC.










	  	
By:

	
/s/ John L. Miclot


	  	  	  
	  	
Name:

	
John L. Miclot


	  	  	  
	  	
Title:

	
President and Chief Executive Officer


	  	  	  
	  	  	  
	  	
By:

	
/s/ A. Brian Davis 


	  	  	  
	  	
Name:

	
A. Brian Davis


	  	  	  
	  	
Title:

	
Chief Financial Officer and Senior Vice President, Finance


	  	  	  
	  	  	  
	  	
By:

	
/s/ Timothy Bertram, D.V.M., Ph.D.


	  	  	  
	  	
Name:

	
Timothy Bertram, D.V.M., Ph.D.


	  	  	  
	  	
Title:

	
Chief Scientific Officer and President, Research and Development
Order entered August 27, 2019

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-19-00369-CV

SATFRAZ TAJ AND ZUBEDA TAJ, Appellants

V.

HIGHLANDER COMMUNITY SERVICES AND INVESTMENT, LLC, Appellee

On Appeal from the 366th Judicial District Court

Collin County, Texas

Trial Court Cause No. 366-02669-2018

ORDER

Based on the Court’s opinion of this date, we DENY as moot appellee’s August 26, 2019 

motion to dismiss and VACATE our April 1, 2019 order enjoining appellee from proceeding 

with the sale of the property that is the subject of the underlying litigation or otherwise 

dispossessing appellant of the property.

/s/ ERIN A. NOWELL 

JUSTICE
<TABLE> <S> <C>

<ARTICLE> 9
<CIK> 0001016933
<NAME> R&G FINANCIAL CORPORATION
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                      22,814,749
<INT-BEARING-DEPOSITS>                      32,948,447
<FED-FUNDS-SOLD>                            19,331,503
<TRADING-ASSETS>                           164,799,854
<INVESTMENTS-HELD-FOR-SALE>                100,785,869
<INVESTMENTS-CARRYING>                      41,827,496
<INVESTMENTS-MARKET>                        40,026,618
<LOANS>                                    654,173,343
<ALLOWANCE>                                  3,645,609
<TOTAL-ASSETS>                           1,103,405,855
<DEPOSITS>                                 651,035,093
<SHORT-TERM>                               318,053,792
<LIABILITIES-OTHER>                         15,176,367
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    38,489,266
<OTHER-SE>                                  80,651,337
<TOTAL-LIABILITIES-AND-EQUITY>           1,103,405,855
<INTEREST-LOAN>                             15,344,276
<INTEREST-INVEST>                            5,064,218
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                            20,408,494
<INTEREST-DEPOSIT>                           7,731,489
<INTEREST-EXPENSE>                          12,355,423
<INTEREST-INCOME-NET>                        8,053,071
<LOAN-LOSSES>                                1,250,000
<SECURITIES-GAINS>                           2,391,982
<EXPENSE-OTHER>                                      0
<INCOME-PRETAX>                              7,649,920
<INCOME-PRE-EXTRAORDINARY>                   7,649,920
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 5,035,009
<EPS-PRIMARY>                                      .64
<EPS-DILUTED>                                      .64
<YIELD-ACTUAL>                                    8.34
<LOANS-NON>                                 17,787,866
<LOANS-PAST>                                   127,279
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                             19,859,974
<ALLOWANCE-OPEN>                             3,331,645
<CHARGE-OFFS>                                1,035,471
<RECOVERIES>                                    99,435
<ALLOWANCE-CLOSE>                            3,645,609
<ALLOWANCE-DOMESTIC>                         3,645,609
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
**Exhibit 32.1**

 

CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Quarterly Report of SRS Labs, Inc. (the “Company”) on Form10-Q for the quarter ended September 30, 2007 as filed with the Securities andExchange Commission on the date hereof (the “Report”), Thomas C.K. Yuen, ChiefExecutive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, tohis knowledge:

 

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

 

2.                                       Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 
| Date: November 6, 2007 |                    |                 |
|------------------------|-------------------------|----------------------|
|                   | By:                     | /s/ Thomas C.K. Yuen |   |
|                   | Thomas C.K. Yuen        |
|                   | Chief Executive Officer |

 

----
<PAGE>

                                                                     EXHIBIT 32

                                 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 R&G Financial Corporation
(the "Company") on Form 10-Q for the period ended March 31, 2004, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned hereby 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
undersigned's best knowledge and belief:

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

         (b) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Dated this 10th day of May, 2004.




                                                    R&G Financial Corporation
                                                    --------------------------
                                                    ("Company")



                                                    /s/ Victor J. Galan
                                                    ------------------------
                                                    Victor J. Galan
                                                    Chief Executive Officer



                                                    /s/ Joseph R. Sandoval
                                                    ------------------------
                                                    Joseph R. Sandoval
                                                    Chief Financial Officer

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.
**Exhibit 32.1**

 

CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Quarterly Report of SRS Labs, Inc. (the “Company”) on Form 10-Qfor the quarter ended March 31, 2009 as filed with the Securities andExchange Commission on the date hereof (the “Report”), Thomas C.K. Yuen, ChiefExecutive Officer of the Company, 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 knowledge:

 

1.                                       The Report fully complies with therequirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

2.                                       The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 
| Date: May 7, 2009 |                     |                  |
|------------------------|--------------------------|-----------------------|
|                   | By:                      | /s/  Thomas C.K. Yuen |
|                   | Thomas  C.K. Yuen        |
|                   | Chief  Executive Officer |

 

----