alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

SAMANTHA MARTIN, 

Plaintiff-Appellant,

 v.

DEBORAH KNAAN; JAMES

CHERRETTE; STEPHEN WATSON;

DOES, 1 through 10, inclusive; COUNTY

OF LOS ANGELES, 

Defendants-Appellees.

No. 17-55769

D.C. No. 

2:16-cv-02809-RGK-E

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

R. Gary Klausner, District Judge, Presiding

Argued and Submitted December 6, 2018

Pasadena, California

Before: O’SCANNLAIN and IKUTA, Circuit Judges, and STEEH,** District

Judge.

 

FILED

DEC 19 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.

** The Honorable George Caram Steeh III, United States District Judge

for the Eastern District of Michigan, sitting by designation.
Samantha Martin appeals from the district court’s adverse grant of summary

judgment in her lawsuit against former Deputy District Attorney Deborah Knaan

and the County of Los Angeles. Because the facts are known to the parties, we do

not repeat them here.

I

The district court did not err by granting summary judgment in favor of

Knaan on Martin’s Fourth Amendment claim. Martin claims that Knaan caused

Martin to be arrested without probable cause when, in support of an application for

a body attachment warrant, Knaan filed a declaration that allegedly contained false

statements and omitted material facts. The record, however, reveals no such false

statements or material omissions, so Martin has failed to show a Fourth

Amendment violation.

II

Nor did the district court err by granting summary judgment in favor of

Knaan on Martin’s Fourteenth Amendment claim. Martin provides no authority

for the proposition that the constitutional right to procedural due process requires a

pre-arrest hearing. As Martin does not argue that the evidentiary hearing afforded

to her under California Penal Code § 1332 was constitutionally insufficient, she

has failed to show that such process violated the Fourteenth Amendment. Martin’s

2
other claimed violations of the Fourteenth Amendment—namely, that Knaan failed

to observe Martin’s rights under California Penal Code § 1219(b) and “Marsy’s

Law,” Cal. Const. art. I, § 28(b)—are waived because Martin did not raise such

arguments before the district court. See Yeti by Molly, Ltd. v. Deckers Outdoor

Corp., 259 F.3d 1101, 1108 (9th Cir. 2001) (“We may decline to reach an issue if it

was not raised sufficiently for the trial court to rule on it.” (internal quotation

marks omitted)).

III

Finally, the district court did not err by granting summary judgment in favor

of the County on Martin’s Fourth and Fourteenth Amendment claims, since she has

not shown a genuine issue of material fact regarding the existence of a

constitutional violation.

AFFIRMED.

3
UNITED STATES


SECURITIES AND EXCHANGE COMMISSION


Washington, D.C. 20549





FORM 8-K





CURRENT REPORT


Pursuant to Section 13 OR 15(d) of The Securities Exchange Act of 1934





Date of Report (Date of earliest event reported)March 3, 2011





Progenics Pharmaceuticals, Inc.


(Exact name of registrant as specified in its charter)





Delaware

000-23143

13-3379479(State or other jurisdiction

of incorporation)

(Commission

File Number)

(IRS Employer

Identification No.)777 Old Saw Mill River Road, Tarrytown, New York

10591(Address of principal executive offices)

(Zip Code)Registrant's telephone number, including area code(914) 789-2800





Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (seeGeneral Instruction A.2.):








oWritten communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)





oSoliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)




oPre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))




oPre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))










Item 5.02 Departure of Directors or Certain Officers; Election of Directors; Appointment of Certain Officers; Compensatory Arrangements of Certain Officers.





On March 3, 2011, the board of directors of Progenics Pharmaceuticals, Inc. (Nasdaq: PGNX) appointed Mark R. Baker chief executive officer of the Company.  Mr. Baker served as president of the Company prior to this appointment and retains the titles of general counsel and secretary.  On the same date, the Company’s founder, Paul J. Maddon, M.D., Ph.D., was appointed by the board to the newly created position of vice chairman of the board.  Dr. Maddon retains the title of chief science officer.  Both Mr. Baker and Dr. Maddon continue as members of the Company’s board of directors.  Additional information concerning Mr. Baker and Dr. Maddon contained in the Company’s Proxy Statement for its Annual Meeting of Stockholders held on June 9, 2010 is incorporated into this Item 5.02 by this reference.





A copy of the Company’s press release is included in this Report as Exhibit 99.1 and the information contained therein is incorporated into this Item 5.02 by this reference.





Item 9.01   Financial Statements and Exhibits.





(d) Exhibits





Exhibit No.     Description





99.1
Press Release dated March 9, 2011.








SIGNATURES








Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.








PROGENICS PHARMACEUTICALS, INC.


By:/s/ ROBERT A. MCKINNEY


Robert A. McKinney


Chief Financial Officer, Senior Vice President,


Finance & Operations and Treasurer











Date:  March 9, 2011
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
"THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS OF GEORGIA-PACIFIC CORPORATION FOR THE 12 MONTHS ENDED
DECEMBER 31, 1994, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS."
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1994
<PERIOD-END>                               DEC-31-1994
<CASH>                                              53
<SECURITIES>                                         0
<RECEIVABLES>                                      580
<ALLOWANCES>                                        28
<INVENTORY>                                      1,209
<CURRENT-ASSETS>                                 1,984
<PP&E>                                          11,500
<DEPRECIATION>                                   6,012
<TOTAL-ASSETS>                                  10,864
<CURRENT-LIABILITIES>                            2,325
<BONDS>                                          3,904
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            72
<OTHER-SE>                                       2,548
<TOTAL-LIABILITY-AND-EQUITY>                    10,864
<SALES>                                         12,738
<TOTAL-REVENUES>                                12,738
<CGS>                                            9,787
<TOTAL-COSTS>                                    9,787
<OTHER-EXPENSES>                                   746
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 453
<INCOME-PRETAX>                                    572
<INCOME-TAX>                                       246
<INCOME-CONTINUING>                                326
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                   (11)
<CHANGES>                                          (5)
<NET-INCOME>                                       310
<EPS-PRIMARY>                                     3.45
<EPS-DILUTED>                                     3.45
        

</TABLE>
#### § 154.105 Preliminary statement.

The preliminary statement must contain a brief general description of the company's operations and may also contain a general explanation of its policies and practices. General rules and regulations, and any material necessary for the interpretation or application of the rate schedules, may not be included in the preliminary statement.
§ 71.7 Means of conveyance, facilities, premises, and cages and other equipment; methods of cleaning and disinfecting. ( a ) Railroad cars, trucks, aircraft, or other means of conveyance, except boats, required by the regulations in this subchapter to be cleaned and disinfected shall be treated in the following manner: Remove all litter and manure from all portions of the conveyance, including any external ledges and framework; clean the exterior and interior of the conveyance; and saturate the entire interior surface, including the inner surface of the doors of the conveyance, with a permitted disinfectant specified in §§ 71.10 through 71.12.
( b ) Boats required by the regulations in this subchapter to be cleaned and disinfected shall be treated in the following manner: Remove all litter and manure from the decks and stalls, and all other parts of the boat occupied or traversed by any poultry or other animals and from the portable chutes or other appliances or fixtures used in loading and unloading the animals, and saturate with a permitted disinfectant the entire surface of the deck, stalls, or other parts of the boat occupied or traversed by any animals or with which they may come in contact or which have contained litter or manure.
( c ) Yards, pens, chutes, alleys, cages, and other equipment required by the regulations in this subchapter to be disinfected shall be treated in the following manner: Empty all troughs, racks, or other feeding or watering appliances; remove all litter and manure from the floors, posts, or other parts; and saturate the entire surface of the fencing, troughs, chutes, floors, walls, and other parts with a permitted disinfectant specified in §§ 71.10 through 71.12.
[34 FR 15642, Oct. 9, 1969, as amended at 61 FR 56883, Nov. 5, 1996]
§ 701.204 Time limits for WRC initial determinations regarding requests for information. ( a ) An initial determination to grant or deny each request for information will be made within ten (10) working days of receipt of such request.
( b ) The requester shall be notified immediately of the initial determination and the reasons therefor.
( c ) The Public Information Officer will make initial determinations to grant requests for information. ( 1 ) In those instances where the initial determination by the Public Information Officer is to grant the request and the information is immediately supplied such action will serve as both notice of determination and compliance with the request.
( 2 ) In those instances where the initial determination by the Public Information Officer is to grant the request, but the information is not immediately available, the Public Information Officer will send immediate notice of the determination to comply, and the approximate date the information will be forwarded.
( d ) The Public Information Officer will make initial determination to deny the requests only with the concurrence of the General Counsel. The requester shall be notified immediately of the initial adverse determination, the reasons therefor, and the right to appeal the initial adverse determination to the Director.
EXHIBIT 99.1

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


      Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the
undersigned, as Chief Executive Officer of GoAmerica, Inc. (the "Company"), does
hereby certify that:

      1) the Company's Quarterly Report on Form 10-Q for the quarter ended
September 30, 2002 (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 Company's Report fairly presents, in
all material respects, the financial condition and results of operations of the
Company.


                             /s/ Aaron Dobrinsky
                             --------------------------------
                             Aaron Dobrinsky
                             Chairman and Chief Executive Officer
                             November 14, 2002
<PAGE>


                                                                      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


         In connection with the quarterly report on Form 10-Q of Overhill Farms,
Inc. (the "Company") for the quarter ended June 27, 2004 (the "Report"), the
undersigned hereby certify in their capacities as Chief Executive Officer and
Chief Financial Officer of the Company, respectively, 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, as amended; and

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

Dated: August 9, 2004                          By: /s/ James Rudis
                                                   -----------------------------
                                                   James Rudis
                                                   Chief Executive Officer
                                                   (principal executive officer)


Dated: August 9, 2004                          By: /s/ John L. Steinbrun
                                                   -----------------------------
                                                   John L. Steinbrun
                                                   Chief Financial Officer
                                                   (principal financial officer)


A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signatures
that appear in typed form within the electronic version 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.
U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

49–011 2015

114th Congress, 1st Session – – – – – – – – – – – – – Senate Document 114–3 

VETO—S.J. RES. 8 

(PM 12) 

MESSAGE 

FROM

THE PRESIDENT OF THE UNITED STATES 

RETURNING

WITHOUT MY APPROVAL S.J. RES. 8, PROVIDING FOR CONGRESSIONAL DISAPPROVAL UNDER CHAPTER 8 OF TITLE 5, UNITED 

STATES CODE, OF THE RULE SUBMITTED BY THE NATIONAL 

LABOR RELATIONS BOARD RELATING TO REPRESENTATION 

CASE PROCEDURES, RECEIVED DURING ADJOURNMENT OF THE 

SENATE ON MARCH 31, 2015 

APRIL 13, 2015.—Ordered to be printed 


SSpencer on DSK4SPTVN1PROD with REPORTSE:\Seals\Congress.#13

SSpencer on DSK4SPTVN1PROD with REPORTS
(1) 

To the Senate of the United States: 

S.J. Res. 8 would overturn the National Labor Relations Board’s 

recently issued ‘‘representation case procedures’’ rule and block 

modest but overdue reforms to simplify and streamline private sector union elections. Accordingly, I am withholding my approval of 

this resolution. (The Pocket Veto Case, 279 U.S. 655 (1929)). 

Workers need a strong voice in the workplace and the economy 

to protect and grow our Nation’s middle class. Unions have played 

a vital role in giving workers that voice, allowing workers to organize together for higher wages, better working conditions, and the 

benefits and protections that most workers take for granted today. 

Workers deserve a level playing field that lets them freely choose 

to make their voices heard, and this requires fair and streamlined 

procedures for determining whether to have unions as their bargaining representative. Because this resolution seeks to undermine 

a streamlined democratic process that allows American workers to 

freely choose to make their voices heard, I cannot support it. 

To leave no doubt that the resolution is being vetoed, in addition 

to withholding my signature, I am returning S.J. Res. 8 to the Secretary of the Senate, along with this Memorandum of Disapproval. 

BARACK OBAMA. 

THE WHITE HOUSE, March 31, 2015. 

Æ 


SSpencer on DSK4SPTVN1PROD with REPORTS
#### § 367.2270 Account 227, Obligations under capital lease—Non-current.

This account must include the portion not due within one year, of the obligations recorded for the amounts applicable to leased property recorded as assets in account 101.1, Property under capital leases (§ 367.1011).
#### § 430.5 Definitions.

For purposes of this regulation, except as otherwise required by the context:

*Aquifer* means waterbearing formation that contains sufficient ground water to be important as a source of supply.

*Comprehensive Plan* means the plans, policies and programs adopted as part of the Comprehensive Plan of the Delaware Basin in accordance with section 3.2 and Article 13 of the Delaware River Basin Compact.

*Ground water* means all water beneath the surface of the ground.

*Ground water basin* means a subsurface structure having the character of a basin with respect to the collection, retention and outflow of water.

*Ground water protected area* means the areas declared and delineated by the Commission to be a ground water protected area pursuant to Article 10 of the Delaware River Basin Compact and this regulation.

*Ground water recharge* means the addition of water to an aquifer by infiltration of precipitation through the soil, infilitration from surface streams, lakes or reservoirs, flow of ground water from another aquifer, or pumpage of water into the aquifer through wells.

*Project* means the same word as defined by section 1.2(g) of the Delaware River Basin Compact.

*Protected area permit* means a permit to divert or withdraw ground water within the ground water protected area for domestic, municipal, agricultural or industrial uses, granted pursuant to section 10.3 of the Delaware River Basin Compact and this regulation.
# C_2011179EN.01001301.xml

| 18.6.2011 | EN | Official Journal of the European Union | C 179/13 |
| --- | --- | --- | --- |

18.6.2011

EN

Official Journal of the European Union

C 179/13

---

Appeal brought on 26 April 2011 by European Commission against the judgment of the General Court (Seventh Chamber) delivered on 17 February 2011 in Case T-122/09: Zhejiang Xinshiji Foods Co. Ltd, Hubei Xinshiji Foods Co. Ltd v Council of the European Union

(Case C-195/11 P)

2011/C 179/24

Language of the case: English

Parties

Parties

Appellant: European Commission (represented by: T. Maxian Rusche, H. van Vliet, Agents)

Appellant:

Other parties to the proceedings: Zhejiang Xinshiji Foods Co. Ltd, Hubei Xinshiji Foods Co. Ltd, Council of the European Union

Other parties to the proceedings:

Form of order sought

Form of order sought

The appellant claims that the Court should:

| — | set aside the Judgment; |
| --- | --- |

—

set aside the Judgment;

| — | order the Applicants to pay the Commission's costs in bringing this Appeal. |
| --- | --- |

—

order the Applicants to pay the Commission's costs in bringing this Appeal.

Pleas in law and main arguments

Pleas in law and main arguments

Point 1 of the operative part of the contested judgment annuls Council regulation (EC) no 1355/2008 (1) insofar as it concerns Zhejiang Xinshiji Foods Co. Ltd and Hubei Xinshiji Foods Co. Ltd (‘the applicants’), thereby fully annulling the anti-dumping duty imposed, leading to a zero anti-dumping duty on imports by the applicants.

o

1

The Commission submits that the General Court has ruled ultra petita by fully annulling the duty even though the applicants themselves admit that the adjustment that they had been seeking would only have led to a lower anti-dumping duty being imposed on their products.

Therefore, in the view of the Commission, the operative part of the contested judgment violates article 264, first paragraph, in conjunction with article 254, sixth paragraph, of the TFEU and the principle of proportionality. The annulment of the whole regulation insofar as it concerns the applicants is disproportionate to the only ground for annulment which was accepted by the General Court. It is also ultra petita.

---

(1)  Council Regulation (EC) No 1355/2008 of 18 December 2008 imposing a definitive anti-dumping duty and collecting definitively the provisional duty imposed on imports of certain prepared or preserved citrus fruits (namely mandarins, etc.) originating in the People’s Republic of China

1

OJ L 350, p. 35

---
Presidential Documents

13497 

Federal Register 

Vol. 76, No. 48 

Friday, March 11, 2011 

Title 3— 

The President 

Executive Order 13568 of March 8, 2011 

Extending Provisions of the International Organizations Immunities Act to the Office of the High Representative in Bosnia and Herzegovina and the International Civilian Office in 

Kosovo 

By the authority vested in me as President by the Constitution and the 

laws of the United States of America, including section 1 of the International 

Organizations Immunities Act (59 Stat. 669, 22 U.S.C. 288), and the Extending 

Immunities to the Office of the High Representative in Bosnia and 

Herzegovina and the International Civilian Office in Kosovo Act of 2010 

(Public Law 111–177, 124 Stat. 1260), it is hereby ordered that all privileges, 

exemptions, and immunities provided by the International Organizations 

Act be extended to the Office of the High Representative in Bosnia and 

Herzegovina and to its officers and employees, and to the International 

Civilian Office in Kosovo and to its officers and employees. In the event 

either the Office of the High Representative in Bosnia and Herzegovina 

or the International Civilian Office in Kosovo is dissolved, the privileges, 

exemptions, and immunities of that organization under the International 

Organizations and Immunities Act, as well as those of its officers and employees, shall continue to subsist. 

This extension is not intended to abridge in any respect privileges, exemptions, or immunities that the Office of the High Representative in Bosnia 

and Herzegovina or the International Civilian Office in Kosovo, or the officers 

and employees thereof, otherwise may have acquired or may acquire by 

law. 

THE WHITE HOUSE, 

March 8, 2011. 

[FR Doc. 2011–5903 

Filed 3–10–11; 11:15 am] 

Billing code 3195–W1–P 


jlentini on DSKJ8SOYB1PROD with FRE0OB#1.EPS</GPH>