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

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-14-00308-CV

Charise Caudle

v.

Oak Forest Apartments

§

§

§

§

From County Court at Law No. 3

of Tarrant County (2013-005811-3)

December 17, 2015

Opinion by Justice Dauphinot

JUDGMENT

This court has considered the record on appeal in this case and holds that there was no 

error in the trial court’s judgment. It is ordered that the judgment of the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS

By _/s/ Lee Ann Dauphinot______________

 Justice Lee Ann Dauphinot
EXHIBIT
32.1








Section 906 Certification by the Chief
Executive Officer and Chief Financial Officer







Each of
Thomas J. Mazzarisi, Chief Executive Officer, and Stephen J. Schoepfer, Chief
Financial Officer, of JAG Media Holdings, Inc., a Nevada corporation (the
“Company”) hereby certifies pursuant to 18 U.S.C. ss. 1350, as added by ss. 906
of the Sarbanes-Oxley Act of 2002, that, to theirknowledge:




(1) The
Company’s periodic report on Form 10-Q for the period ended April 30, 2009
(“Form 10-Q”) fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934, as amended; and




(2) The
information contained in the Form 10-Q fairly presents, in all material respects,
the financial condition and results of operation of the
Company.






/s/Thomas J.
      Mazzarisi
                        
                        /s/Stephen J.
      SchoepferName: Thomas J.
      Mazzarisi
                          Title:  Chief Executive
      Officer
                        
                        Name: Stephen J.
      Schoepfer
                          Title: Chief Financial
      OfficerDate: June 18,
      2009
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 Quarterly Report of Baroque Corporation (the "Company")
on Form 10-QSB for the period ended September 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Stephen
Fryer, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
ss. 1350, as adopted pursuant to ss. 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.


By:     /s/Stephen Fryer
        -------------------------
Name:      Stephen Fryer
Title:     Chief Executive Officer
Date:      February ___, 2005


                                       19
#### The People of the State of New York ex rel. Hasan Raqiyb, Appellant, v Sally B. Johnson, as Superintendent of Orleans Correctional Facility, et al., Respondents.

[666 NYS2d 867]

—Judgment unanimously affirmed. Counsel’s application to withdraw granted *(see, People v Crawford,*71 AD2d 38). (Appeal from Judgment of Supreme Court, Orleans County, Punch, J.—Habeas Corpus.) Present—Pine, J. P., Lawton, Hayes, Balio and Boehm, JJ.
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

I, Matthew B. Smith, state and attest that:



|1. | I am the President of Main Place Funding, LLC (the Registrant).
|-- | -----------------------------------------------------------------



|2. | I hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:
|-- | ---------------------------------------------------------------------------------------------------------------------------------

the Annual Report on Form 10-K/A of the Registrant for the year ended December 31, 2007 (the Report) containing financial statements fully complies with
the requirements of Section 13(a) or 15(d) 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 Registrant for the periods presented.



|                    
|--------------------
|/s/ Matthew B. Smith
|Matthew B. Smith    
|President           
|August 14, 2008     



12
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.
 Small Business Administration [Disaster Declaration #15366 and #15367; SOUTH CAROLINA Disaster Number SC-00052]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of South Carolina (FEMA-4346-DR), dated 10/16/2017. *Incident:*
                         Hurricane Irma. *Incident Period:*
                         09/06/2017 through 09/13/2017.
 DATES: Issued on 10/16/2017. *Physical Loan Application Deadline Date:*
                         12/15/2017. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         07/16/2018.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416, (202) 205-6734.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 10/16/2017, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:*
                     Allendale, Anderson, Bamberg, Barnwell, Beaufort, Berkeley, Charleston, Colleton, Dorchester, Edgefield, Georgetown, Hampton, Jasper, McCormick, Oconee, Pickens. The Interest Rates are: Percent*For Physical Damage:*Non-Profit Organizations With Credit Available Elsewhere
2.500Non-Profit Organizations Without Credit Available Elsewhere
2.500*For Economic Injury:*Non-Profit Organizations Without Credit Available Elsewhere
2.500
 The number assigned to this disaster for physical damage is 153668 and for economic injury is 153670. (Catalog of Federal Domestic Assistance Number 59008) James E. Rivera, Associate Administrator for Disaster Assistance.


[FR Doc. 2017-22924 Filed 10-20-17; 8:45 am] BILLING CODE 8025-01-P
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.                  

###### Small Business Administration

          - [Disaster Declaration #15338 and #15339; Georgia Disaster Number GA-00101]

# AGENCY:

U.S. Small Business Administration.

# ACTION:

Amendment 2.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Georgia (FEMA-4338-DR), dated 09/28/2017.

*Incident:*                         Hurricane Irma.                    

*Incident Period:*                         09/07/2017 through 09/20/2017.                    

# DATES:

Issued on 10/18/2017.

*Physical Loan Application Deadline Date:*                         11/27/2017.                    

*Economic Injury (EIDL) Loan Application Deadline Date:*                         06/28/2018.                    

# ADDRESSES:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

Alan Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416, (202) 205-6734.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of Georgia, dated 09/28/2017, is hereby amended to include the following areas as adversely affected by the disaster.

*Primary Counties:*                     Bibb, Chattahoochee, Clarke, Clinch, Decatur, Dodge, Dooly, Glascock, Grady, Gwinnett, Heard, Henry, Jefferson, Lanier, Lee, McDuffie, Mitchell, Pulaski, Stewart, Sumter, Terrell, Thomas, Towns, Twiggs, Union, Upson, Webster, White, Wilkinson                

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Number 59008)

James E. Rivera,

Associate Administrator for Disaster Assistance.

[FR Doc. 2017-23181 Filed 10-24-17; 8:45 am]

 BILLING CODE 8025-01-P
**THE SUPREME COURT OF TEXAS**

**Post Office Box 12248**

**Austin, Texas 78711**

**(512) 463-1312**

December 17, 2010

Mr. Shannon H. Ratliff

Ratliff Law Firm, P.L.L.C.

600 Congress Ave., Suite 3100

Austin, Tx 78701-2984

Ms. Eileen F. O'Neill

Ware, Jackson, Lee & Chambers, L.L.P.

America Tower, 42nd Floor

2929 Allen Parkway

Houston, TX 77019-7101

Ms. Deborah G. Hankinson

Hankinson Levinger LLP

750 N. St. Paul St., Suite 1800

Dallas, TX 75201

Mr. David P. Wilson

Provost & Umphrey Law Firm, L.L.P.

P.O. Box 4905

Beaumont, TX 77704

RE:Case Number:  05-1076

Court of Appeals Number:  13-00-00104-CV

Trial Court Number:  96-7-8148

Style:EXXON CORPORATION AND EXXON TEXAS, INC.

v.

EMERALD OIL & GAS COMPANY, L.C. AND LAURIE T. MIESCH, ET AL.

Dear Counsel:

Today the Supreme Court of Texas issued an opinion in the above-referenced cause.  The Court’s opinion of March 27, 2009 is withdrawn and the opinion of this date is substituted.  You may obtain a copy of the opinion at: http://www.supreme.courts.state.tx.us/historical/recent.asp.  If you would like the opinion by email, please contact Claudia Jenks at claudia.jenks@txcourts.gov or call (512)463-1312 ext. 41367.  (Justice Guzman and Justice Lehrmann not sitting)

Sincerely,

Blake A. Hawthorne, Clerk

by Claudia Jenks, Chief Deputy Clerk

Enclosure

**Case No. 05-1076Page 2**
---

CONSENT OF EXPERT

March 1, 2007

Augusta Resource Corporation

United States Securities and Exchange Commission

Ladies and Gentlemen:

Re: Augusta Resource
Corporation

I, William L. Rose, do hereby
consent to the filing of the written disclosure of the technical report entitled
Mineral Resource Estimate  Revised Technical Report on the Rosemont Deposit
dated April 21, 2006 and Preliminary Assessment and Economic Evaluation dated
June 13, 2006, for the Rosemont Project located in Pima County, Arizona
(collectively the Technical Reports) and any extracts from or a summary of the
Technical Reports in the Form 40-F Annual Report dated March 1, 2007 (the Form
40-F Annual Report) of Augusta Resource Corporation (the Company), and to the
filing of the Technical Reports and this consent with the United States
Securities and Exchange Commission as part of the Companys Form 40-F Annual
Report.

I also consent to the use of my
name in the Companys Form 40-F Annual Report and to the use of the name WLR
Consulting, Inc. in my capacity as Principal Mining Engineer of WLR Consulting,
Inc.

| | By: | (Signed) William L. Rose          
| | --- | ----------------------------------
| |     | Name:                             
| |     | Title:                            
| |     |                                   
| |     | Location: Lakewood,
      Colorado

---
#### Terrence Paul ROBINSON, Plaintiff-Appellant, v. Robert G. BOYD, Defendant-Appellee.

No. 06-15709.

United States Court of Appeals, Eleventh Circuit.

April 25, 2008.

See also 2005 WL 1278136.

Ceistine M. Russell, Jacksonville, FL, for Plaintiff-Appellant.

Roy F. Blondeau, E. Bryan Wilson, Tallahassee, FL, for Defendant-Appellee.

Before EDMONDSON, Chief Judge, BLACK and FARRIS,* Circuit Judges.

*

 Honorable Jerome Farris, United States Circuit Judge for the Ninth Circuit, sitting by designation.

PER CURIAM:

Federal prisoner Terrence Robinson appeals the district court’s grant of summary judgment in favor of Captain Robert Boyd on Robinson’s First Amendment retaliation claim. For the reasons that follow, we affirm.

In the prison context, we analyze First Amendment retaliation claims under the three-part test set forth in *Bennett v. Hendrix,*423 F.3d 1247, 1250 (11th Cir.2005). To prevail, a plaintiff must establish: (1) his speech or act was constitutionally protected; (2) defendant’s retaliatory conduct adversely affected the protected speech; and (3) there is a causal connection between the retaliatory action and the adverse effect on speech. *Id.*

*910Viewing the facts in the light most favorable to Robinson, we conclude he has not stated a First Amendment claim. While he clearly had a right to ask the correctional officer about wearing warm gear, Robinson was not speaking on a matter of public concern when he did so. Thus, his speech is not entitled to First Amendment protection. In addition, after Boyd gave Robinson a direct instruction, Robinson did not have a First Amendment right to argue with Boyd, who was at that point constitutionally permitted to discipline Robinson for disobeying his order.

AFFIRMED.
#### The People of the State of New York, Respondent, v Troy Thompson, Appellant.

[667 NYS2d 260]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Wade, J.), rendered March 17, 1995, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

There is no merit to the defendant’s contention that the prosecution failed to make a prima facie showing that the defense exercised its peremptory challenges on the basis of race. A defendant may not exercise his peremptory challenges in a manner which purposefully excludes prospective jurors who do not share his race *(see, People v Stiff,*206 AD2d 235, *cert denied*516 US 832; *see also, Batson v Kentucky,*476 US 79).

The trial court sufficiently complied with the three-step procedure required in determining the allegedly discriminatory use of peremptory challenges *(see, People v Payne,*88 NY2d 172) and did not err in disallowing two of the defendant’s peremptory challenges. After hearing the defendant’s reasons for challenging these jurors, and the People’s argument in opposition to the challenges, the court ruled that the challenges were pretextual and not race-neutral. Its determination that the challenges were pretextual is entitled to great deference on appeal and ought not to be disturbed where, as here, it is supported by the record *(see, People v Hernandez,*75 NY2d 350, *affd*500 US 352; *People v Payne,*213 AD2d 565, *affd*88 NY2d 172, *supra; People v Jones,*204 AD2d 485). The court’s statement that a *Batson*analysis also required it to consider *322whether the jurors could be fair, while erroneous, does not warrant setting aside the determination that the challenges were pretextual *(cf., People v Mack,*220 AD2d 617).

The defendant’s contention that the court erred in failing to charge assault in the third degree as a lesser-included offense of assault in the first degree is without merit. A reasonable view of the evidence does not support a finding that the defendant merely caused physical injury rather than serious physical injury *(see, People v Glover,*57 NY2d 61; *People v Eagleston,*194 AD2d 623). The victim was slashed in the hand with a box cutter, resulting in a permanent loss of function. Bracken, J. P., O’Brien, Sullivan and Santucci, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                          12,050
<SECURITIES>                                         0
<RECEIVABLES>                                    2,072
<ALLOWANCES>                                      (65)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                         103,709
<DEPRECIATION>                                (45,183)
<TOTAL-ASSETS>                                  80,533
<CURRENT-LIABILITIES>                                0
<BONDS>                                         25,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                      50,598
<TOTAL-LIABILITY-AND-EQUITY>                    80,533
<SALES>                                              0
<TOTAL-REVENUES>                                26,483
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                28,052
<LOSS-PROVISION>                                    38
<INTEREST-EXPENSE>                               1,833
<INCOME-PRETAX>                                (2,269)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (2,269)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                          132
<NET-INCOME>                                   (2,401)
<EPS-BASIC>                                     (0.81)
<EPS-DILUTED>                                   (0.81)


</TABLE>
Exhibit 24.1

ROSETTA STONE INC.

POWER OF ATTORNEY

Each person whose signature appears below hereby constitutes and appoints Tom P. H. Adams and Michael C. Wu, or
either of them, each with power to act without the other, his true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for him and in his
name, place and stead, in any and all capacities, to sign the Annual Report on Form 10-K of Rosetta Stone Inc. (the "Company")
and any or all subsequent amendments and supplements to the Annual Report on Form 10-K, and to file the same, or cause to be filed the same, with all exhibits thereto, and other
documents in connection therewith, with the Securities and Exchange Commission, granting unto each said attorney-in-fact and agent full power to do and perform each and every
act and thing requisite and necessary to be done in and about the premises, as fully to all intents and purposes as he might or could do in person, hereby qualifying and confirming all that said
attorney-in-fact and agent or his substitute or substitutes may lawfully do or cause to be done by virtue hereof.

Each
person whose signature appears below may at any time revoke this power of attorney as to himself or herself only by an instrument in writing specifying that this power of attorney
is revoked as to him or her as of the date of execution of such instrument or at a subsequent specified date. This
power of attorney shall be revoked automatically with respect to any person whose signature appears below effective on the date he or she ceases to be a member of the Board of Directors or an officer
of the Company. Any revocation hereof shall not void or otherwise affect any acts performed by any attorney-in-fact and agent named herein pursuant to this power of attorney
prior to the effective date of such revocation.

Dated:
March 9, 2010

Signature

Title/s/ TOM P. H. ADAMS Tom P. H.Adams

Chief Executive Officer and Director
(Principal Executive Officer)/s/ BRIAN D. HELMAN Brian D. Helman

Chief Financial Officer
(Principal Financial Officer)/s/ LAURA L. WITT Laura L. Witt

Chairman of the Board, Director/s/ PHILLIP A. CLOUGH Phillip A. Clough

Director/s/ JOHN T. COLEMAN John T. Coleman

Director/s/ LAURENCE FRANKLIN Laurence Franklin

Director/s/ PATRICK W. GROSS Patrick W. Gross

Director


---



Signature

Title/s/ THEODORE J. LEONSIS Theodore J. Leonsis

Director/s/ JOHN E. LINDAHL John E. Lindahl

Director


---



QuickLinks
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1165 

CA 13-00731 

PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, LINDLEY, AND VALENTINO, JJ. 

 

TODD LAIRD, PLAINTIFF-RESPONDENT, 

V ORDER

PBS HOSPITALITY, INC., DEFENDANT-APPELLANT, 

CHAMPION OF GENEVA, LLC AND SERENITY MANOR 

APARTMENTS, DEFENDANTS-RESPONDENTS. 

KNYCH & WHRITENOUR, LLC, SYRACUSE (BRENDAN J. REAGAN OF COUNSEL), FOR

DEFENDANT-APPELLANT. 

CELLINO & BARNES, P.C., ROCHESTER (RICHARD P. AMICO OF COUNSEL), FOR

PLAINTIFF-RESPONDENT. 

LECLAIR KORONA GIORDANO & COLE, LLP, ROCHESTER (LAURIE A. GIORDANO OF

COUNSEL), FOR DEFENDANTS-RESPONDENTS. 

 

Appeal from an order of the Supreme Court, Ontario County (Craig

J. Doran, A.J.), entered January 7, 2013. The order, among other

things, denied in part the motion of defendant PBS Hospitality, Inc.

for summary judgment dismissing the complaint and all cross claims

against it. 

Now, upon reading and filing the stipulation of discontinuance

signed by the attorneys for the parties on October 21, 2013,

It is hereby ORDERED that said appeal is unanimously dismissed 

without costs upon stipulation.

Entered: November 8, 2013 Frances E. Cafarell

Clerk of the Court
Exhibit 99.2

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER





        Pursuant to Section 906 of the Sarbanes-Oxley Act 2002 (18 U.S.C. 1350),
the undersigned, Marissa Dermer, Chief Financial Officer of EVOLVE ONE, INC.
(the Company) has executed this certification in connection with the filing with
the Securities and Exchange Commission of the Company's Quarterly Report on Form
10-Q for the quarter ended June 30, 2002 (the Report).

        The undersigned certifies 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 operation of the Company.

        IN WITNESS WHEREOF, the undersigned has executed this certification as
of the 14th day of August, 2002.



                                        Name: /s/Marissa Dermer
                                              -----------------
                                              Marissa Dermer

                                        Title: Chief Financial Officer