alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### David Plotkin, Individually and as Executor of Benjamin Plotkin, Deceased, Respondent, v Avon Development *110Enterprises Corp. et al., Appellants.

[666 NYS2d 143]

—Order, Supreme Court, New York County (Beatrice Shainswit, J.), entered August 27, 1996, which denied defendants’ motion to vacate a default judgment entered against them, unanimously affirmed, with costs. Appeal from judgment, same court and Justice, entered January 30, 1996, upon defendants’ default, unanimously dismissed, without costs, as taken from a nonappealable paper.

Defendants fail to make the required showing of lack of notice of the action in time to defend under CPLR 317 or excusable default under CPLR 5015 (a) *(see, Associated Imports v Amiel Publ.,*168 AD2d 354, *lv dismissed*77 NY2d 873). The summons and complaint were served on or about June 15, 1995. Plaintiffs attorney sent letters to defendants at the end of July advising them that they were in default and that he would enter a default judgment in 10 days if they did not answer. This led to prompt contact between plaintiffs attorney and an attorney who advised the former that defendants were not yet certain as to how they wanted to proceed, but who did not request an extension of time to answer. The failure of this attorney to find the proof of service in the court’s file and his three-day illness from August 31 to September 2 do not explain defendants’ continuing default through August, and his forgetfulness after his part-time return to the office does not explain why defendants did not oppose plaintiffs motion for a default judgment made on notice in late September, or why they did not seek to have the January 1996 default judgment vacated until in or around April 1996 *(see,. Grosso v Hauck,*99 AD2d 750). We have considered defendants’ other arguments and find them to be without merit. Concur—Ellerin, J. P., Wallach, Williams, Andrias and Colabella, JJ.
# United States Court **of Appeals**  **f or the Fifth Circuit** 

**____________** No. 23

- 50643 Summary Calendar

**____________ United States of America,**  Plaintiff

— Appellee **,**

versus **Adrian Christopher Aguilar,** Defendant

— Appellant

**.**

**______________________________** Appeal from the United States District Court for the Western District of Texas USDC No. 5:19

- CR

- 181

- 1

**___________ ___________________**  Before **Elrod, Oldham,** and **Wilson,** Circuit Judges

**. Per Curiam**  **:** *****
The Federal Public Defender appointed to represent Adrian Christopher Aguilar has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Aguilar has filed a response. The record is not sufficiently developed to al low us to make a fair evaluation of

**_____________________**

* This opinion is not designated for publication. See **5th Cir**

**. R** 

**.** 47.5. United States Court of Appeals Fifth Circuit 

### FILED April 15, 2024 Lyle W. Cayce Clerk Case: 23-50643 Document: 50-1 Page: 1 Date Filed: 04/15/2024No. 23

- 50643

2 Aguilar ’s claims of ineffective assistance of counsel and prosecutorial misconduct ; we therefore decline to consider the claims without prejudice to collateral review. See United States v. Isgar , 739 F.3d 829, 841 (5th Cir. 2014) ; United States v. Corbett , 742 F.2d 173, 176

– 78 (5th Cir. 1984)

. We **DENY** Aguilar’s request to seal his pro se response. See S.E.C. v. Van Waeyenberghe , 990 F.2d 845, 848 (5th Cir. 1993). We have reviewed counsel’s brief and the relevant portions of the record reflected therein, as well as Aguilar ’s response. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review. Accordingly, the motion for leave to withdraw is **GRANTED** , counsel is excused from further responsibil ities herein, and the appeal is **DISMISSED**

. See **5th Cir. R**

. 42.2. Case: 23-50643 Document: 50-1 Page: 2 Date Filed: 04/15/2024
1 The Honorable James E. Gritzner, United States District Judge for the Southern District of Iowa.

2 See Rooker v. Fid. Trust Co. , 263 U.S. 413 (1923); Dist. of Columbia Ct. of Appeals v. Feldman , 460 U.S. 462 (1983). 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 09-2966

___________ Andre Quinn Bell, * * Appellant, * * Appeal from the United States v. * District Court for the * Southern District of Iowa. Constance L. Price, in her individual * capacity only; Dr. John Campbell, in * [UNPUBLISHED] his individual capacity only; Phil T. * McCollum, in his individual capacity * only, * Appellees. *

___________ Submitted: April 26, 2010 Filed: May 12, 2010

___________ Before LOKEN, BYE, and SHEPHERD, Circuit Judges.

___________ PER CURIAM. Andre Bell appeals the district court’s 1 order dismissing, as barred under the Rooker-Feldman 2doctrine, his complaint against personnel of the Iowa Board of-2- Dental Examiners (“the Board”). In his complaint, Bell a sserted, inter alia, violations of his constitutional rights (including his ri ghts to due process and equal protection), a civil Racketeer Influenced and Corrupt Organizations Ac t violation, and Fair Debt Collection Practices Act violations, aris ing from the Board’s investigation and discipline of Bell.
Following careful de novo review of the record, we find no basis for reversal. See Skit Int’l, Ltd. v. DAC Techs. of Ark., Inc. , 487 F.3d 1154, 1156 (8th Cir. 2007) (de novo review of district court’s dismi ssal for lack of subject matter jurisdiction; “Rooker-Feldmandoctrine prohibits lower federa l courts from exercising appellate review of state court judgments”); see also Dist. of Columbia Ct. of Appeals v. Feldman , 460 U.S. 462, 477 (“A judicial inquiry investigates, declares and enforces liabilities as they stand on present or past facts and under laws supposed already to exist. . . . [T]he nature of a proceeding depends not upon the character of the body but upon the character of the proceedings.” ( quotations omitted)). Accordingly, the judgment of the district court is affirmed. See 8th Cir. R. 47B.

____________________________
Exhibit 23
                                                                      ----------


INDEPENDENT AUDITORS' CONSENT

We consent to the  incorporation  by reference in  Registration  Statement No.'s
333-09717,  333-91131,  333-48816,  333-48818 and 333-73452 of Union  Acceptance
Corporation  on Form S-8 of our report dated January 18, 2002,  appearing in the
Annual  Report on Form 10-K of Union  Acceptance  Corporation  for the six month
period ended December 31, 2001.


/s/ Deloitte & Touche LLP

DELOITTE & TOUCHE LLP
Indianapolis, Indiana
March 26, 2002
- 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 Co urt Cause No. F
- 1216761
- K



### O RDER 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 c ourt to make findings of fact regarding wh y 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 o f 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 par tial 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 dete rmine 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 punis hment 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 cohe sive 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
<PAGE>

                                  Exhibit 99.01

Certification of Chief Executive Officer and Chief Financial Officer 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 eUniverse, Inc. (the "Company") on
Form 10-Q/A, Amendment Number 1 for the period ending December 31, 2002 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
Brad D. Greenspan, as Chief Executive Officer of the Company, and
Joseph L. Varraveto, as Chief Financial Officer of the Company, each hereby
certifies, pursuant to 18 U.S.C. 'SS' 1350, as adopted pursuant to 'SS' 906
of the Sarbanes-Oxley Act of 2002, to the best of his knowledge 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/ Brad D. Greenspan                                  Date: February 19, 2003
-----------------------
Brad D. Greenspan
Chief Executive Officer


/s/ Joseph L. Varraveto                                Date: February 19, 2003
-----------------------
Joseph L. Varraveto
Chief Financial Officer

This certification accompanies this Report pursuant to 'SS' 906 of
the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company
for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.


                                    26
EXHIBIT 32

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

Pursuant to Section  906 of the  Sarbanes-Oxley  Act of 2002 (18 U.S.C.  Section
1350,  as  adopted),  Thomas E.  Wharton  Jr.,  the Chief  Executive  Officer of
iSECUREtrac  Corp.  (the  "Company"),  and David G.  Vana,  the Chief  Financial
Officer of the Company, each hereby certifies that:

1.    The Company's  Annual Report on Form 10-QSB for the period ended March 31,
      2004, to which this Certification is attached as Exhibit 32 (the "Periodic
      Report"), fully complies with the requirements of Section 13(a) or Section
      15(d) of the Securities Exchange Act of 1934, as amended; and

2.    The information  contained in the Periodic Report fairly presents,  in all
      material  respects,  the financial  condition of the Company at the end of
      the period covered by the Periodic Report and results of operations of the
      Company for the period covered by the Periodic Report.

Dated:  May 14, 2004

/s/   Thomas E. Wharton Jr.                       /s/   David G. Vana
---------------------------                       ----------------------------
      Thomas E. Wharton Jr.                             David G. Vana
      Chief Executive Officer                           Chief Financial Officer
EXHIBIT
32.2





CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Form 10-K of Consolidated Water Co. Ltd. for the year ended
December 31, 2009 as filed with the Securities and Exchange Commission on the
date hereof (the “Report”), I, David W. Sasnett, certify, pursuant to 18 U.S.C.
§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.





Date:
      March 16, 2010
            By:
            /s/ David W. SasnettName:
            David
      W. SasnettTitle:
            Executive
      Vice President & Chief Financial Officer(Principal
      Financial and Accounting
Officer)
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

JOHN KEVIN LYNCH,

 Appellant,

v.

THE STATE OF TEXAS,

 Appellee.

§

§

§

§

§

§ 

No. 08-15-00180-CR

Appeal from the

Criminal District Court No. 1 

of El Paso County, Texas 

(TC#20140D00206) 

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the 

judgment. We therefore affirm the judgment of the court below. This decision shall be certified 

below for observance.

IT IS SO ORDERED THIS 29TH DAY OF JUNE, 2018.

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rodriguez, and Hughes, JJ.

Hughes, J. (Not Participating)
EXHIBIT 99.1

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



     In connection with the Quarterly  Report of Poseidis,  Inc. (the "Company")
on Form 10-QSB for the period ending May 31, 2003, as filed with the  Securities
and Exchange  Commission on the date hereof (the  "Report"),  I, Louis Pardo dit
Pardau, Chief Executive Officer (or equivalent thereof) of the Company, certify,
pursuant  to 18 U.S.C.  ss.  1350,  as adopted  pursuant  to Section  906 of the
Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:

     (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/ Louis Pardo dit Pardau
                              -----------------------------------------------
                              Louis Pardo dit Pardau
                              Chief Executive Officer (or equivalent thereof)
                              July 15, 2003
```

                                                                    EXHIBIT 13.1

                            CERTIFICATION PURSUANT TO
                              18 US C SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

     In connection with the Annual Report of Tower Semiconductor Ltd. (the
"Registrant") on Form 20-F for the year ended December 31, 2007 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Russell C. Ellwanger, Chief Executive Officer of the Registrant, 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) of
          the Securities Exchange Act of 1934; and section 13 (a).

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

                                                        /s/ Russell C. Ellwanger
                                                        ------------------------
                                                        Russell C. Ellwanger
                                                        Chief Executive Officer

June 18, 2008

     A signed original of this written statement required by Section 906 has
been provided to the Registrant and will be retained by the Registrant and
furnished to the Securities and Exchange Commission or its staff upon request.
```
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     (Replace this text with the legend)
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<NAME>                        Union Acceptance Corporation
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</TABLE>
Amendment No. 3 to Research and Development Agreement



 EXHIBIT 10.2 
 Amendment No. 3 to 
 Research and Development Agreement 
 This Amendment No. 3 (this “Amendment No. 2”) to that certain Research and Development Agreement dated August 11, 2006, as
amended effective August 14, 2006 and December 20, 2006 (as so amended, , the “R&D Agreement”) by and among BioLargo, Inc., formerly known as NuWay Medical, Inc. (the Company”), BioLargo Life Technologies, Inc, IOWC
Technologies, Inc. (“IOWC”) and Kenneth Reay Code (‘Code”) . Capitalized terms used herein without definitions shall have the same meanings as defined in the Consulting Agreement. 
 1. The Parties agree that the termination of the R&D Agreement shall be extended from March 31, 2007 to the first to occur of
(i) June 30, 2007 or (ii) the date Code and IOWC Technologies, Inc. consummate their sale to the Company, or to any person or entity owning, owned by, controlled by or under control with the Company, of certain assets, including two
U.S. patents and related intellectual property (the “Closing Date”). 
 2. Except as further modified by this Amendment No. 3,
the R&D Agreement is, and remains, in full force and effect in accordance with its terms. 
 In Witness Whereof, the Parties have
executed this Amendment No. 3 as of March 30, 2007. 
  

									
	BIOLARGO, INC.	 		 	KENNETH REAY CODE
					
	 By:
	 	 /s/ Dennis Calvert
	 		 		 	 /s/ Kenneth Reay Code

		 	Dennis Calvert, President	 		 		 	
			
	BIOLARGO LIFE TECHNOLOGIES, INC.	 		 	IOWC TECHNOLOGIES, INC.
					
	By:	 	 /s/ Dennis Calvert
	 		 	By:	 	 /s/ Kenneth Reay Code

		 	Dennis Calvert, President	 		 		 	Kenneth Reay Code, President

  

 - 2 -
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEETS AND CONSOLIDATED STATEMENTS OF OPERATION FOUND ON
PAGES 1 AND 2 OF THE COMPANY'S FORM 10-Q FOR THE YEAR-TO-DATE, AND IS QUALIFIED
IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
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<INTEREST-EXPENSE>                                 146
<INCOME-PRETAX>                                 28,866
<INCOME-TAX>                                    12,432
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