alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

KAREEM LAMAR BROWN,

 Plaintiff - Appellant,

 v.

J. KAVANAUGH, Lt.; M. GARCIA,

Officer,

 Defendants - Appellees.

No. 09-16310

D.C. No. 1:08-cv-01764-OWWSMS

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Oliver W. Wanger, District Judge, Presiding

Submitted August 10, 2010** 

Before: HAWKINS, McKEOWN, and IKUTA, Circuit Judges. 

Kareem Lamar Brown, a California state prisoner, appeals pro se from the

district court’s judgment dismissing under the screening provisions of 28 U.S.C.

§ 1915(e) his 42 U.S.C. § 1983 action alleging retaliation for filing inmate appeals

FILED

AUG 26 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-16310

and related claims. We have jurisdiction under 28 U.S.C. § 1291. We review de

novo. Barren v. Harrington, 152 F.3d 1193, 1194 (9th Cir. 1998) (order). We

affirm in part, reverse in part, and remand.

The district court erred in dismissing the retaliation claim because Brown

identified retaliatory acts that affected only the conditions of his confinement, see

Ramirez v. Galaza, 334 F.3d 850, 856 & n.5 (9th Cir. 2003) (explaining that a

§ 1983 action is the proper remedy for a state prisoner’s challenge to the conditions

of his confinement), as well as complaining about the revocation of his good-time

and work-time credits, which cannot be the basis of a § 1983 claim. See Edwards

v. Balisok, 520 U.S. 641, 646-48 (1997) (barring a § 1983 claim that would, if

successful, “necessarily imply the invalidity of the deprivation of [a prisoner’s]

good-time credits”). Therefore we reverse the dismissal of the retaliation claim,

and remand for further proceedings consistent with this disposition. 

We affirm the district court’s dismissal of all claims other than retaliation. 

See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999) (“[A]rguments not raised

by a party in its opening brief are deemed waived.”).

Brown shall bear his own costs on appeal.

AFFIRMED in part, REVERSED in part, and REMANDED.
<PAGE>

                                                                        EX-10.7

                              SECOND AMENDMENT TO
                            THE METZLER GROUP, INC.
                         EMPLOYEE STOCK PURCHASE PLAN

  The Metzler Group, Inc. Employee Stock Purchase Plan (the "Plan") is hereby
amended, effective October 1, 1997, as follows:

    1. Section 2(i) of the Plan shall be amended in its entirety to change
  the definition of "Employee" to read as follows:

    "Employee means any person who is employed by the Company or an
    Affiliate on a regular full-time basis. A person shall be considered
    employed on a regular full-time basis if he is customarily employed for
    more than twenty (20) hours per week."

    2. Section 3 of the Plan shall be amended in its entirety to change the
  paragraph entitled "Eligibility" to read as follows:

    "All employees shall be eligible to participate in the Plan on the
    Effective Date. Subject to the enrollment limitations of Section 6,
    each Employee of the Company shall be eligible to participate on the
    first to occur of (i) the Offering Date coincident with or next
    following the Employee's first day of employment, or (ii) the first day
    of any calendar month coincident with or next following the Employee's
    first day of employment."
UNIVERSAL EXPRESS, INC.

                                 CLASS A WARRANT


TERMS
-----

Each Class A Warrant initially entitles the Registered Holder to purchase
subject to the terms and conditions of this Certificate at any time on or after
the Commencement Date and prior to the Expiration Date (as those terms are
defined herein), one share of Class A Common Stock, $.005 par value per share,
restricted, of the Company at the initial exercise price (the "Class A Warrant
Price") of $6.00 per share (subject to adjustment as provided in the Further
Terms and Conditions on the reverse side hereof), upon presentation to the
Company of this Certificate with the Subscription Form on the reverse side
hereof properly filed out and signed by the Registered Holder, accompanied by
payment of the Class A Warrant Price for each Warrant exercised.

The Class A Warrants may be exercised commencing June 30, 1998 (the
"Commencement Date"). The right to exercise the Class A Warrant shall expire at
5:00 p.m. on June 30, 1999 or such later date as the Company may determine (the
"Expiration Date"). The address of Company is 20 South Terminal Drive,
Plainview, New York 11803.



OTHER TERMS
-----------

The issuance of this warrant is subject to the following conditions:

1. If at any time, or from time to time, the Company by subdivision,
consolidation, or reclassification of shares or otherwise changes the Capital
Stock into a difference number of Class of shares, the number and class of or
new shares so changed may, for the purpose of this Warrant and the terms and
conditions hereof, replace the shares outstanding immediately prior to such
change, and the Warrant purchase price in effect, and the number of shares
purchasable under this Stock Purchase warrant immediately prior to the date upon
which such change shall become effective, shall be proportionately adjusted.

2. The Shares that you may receive will be issued to you on a restricted basis.
Such shares are not registered under the Securities Act of 1933, as amended (the
"Act"), or the securities laws of any state, and therefore are not immediately
available for resale until they may be registered. However, the Shares may
become saleable generally after a period of one (1) year under the safe harbor
provisions of Rule 144 of the Act, subject to the limitations set forth in that
Rule. The Shares shall be legended to reflect these transfer restrictions.

                    (The term was extended to June 30, 2000)
----------------

                              THE TIREX CORPORATION
                                  --------------

                  UNANIMOUS CONSENT OF THE EXECUTIVE COMMITTEE
                            OF THE BOARD OF DIRECTORS

                                 MARCH 31, 1999

         The undersigned, being all of the members of the Executive Committee of
the Board of Directors of The Tirex  Corporation,  hereby consent to, authorize,
approve,  ratify and adopt the following  resolutions as though done at a formal
meeting:

         ISSUANCE OF STOCK FOR SERVICES TO HYDROCO,  INC.,  2003892 CANADA INC.,
         AND MICHEL DEBLOIS CONSULTANTS INC.

         WHEREAS,  Hydroco Inc. has provided this  corporation  with  electrical
layout  consulting  services  represented by Hydroco invoices 2756 and 2798, for
which services this  corporation was indebted to Hydroco Inc. as at November 10,
1998 and at the date  hereof in the  aggregate  amount of  eleven  thousand  one
hundred fifty seven dollars and forty three cents Canadian (Cdn $ 11, 157.43) or
approximately seven thousand two hundred eighteen dollars and forty one cents US
(US $7,218.41) based upon an effective conversion rate for Canadian dollars into
US dollars at November 10, 1998 of Cdn $1.00=US $.64696; and

         NOW, THEREFORE, BE IT,

         RESOLVED,  that this  Corporation  accept the  offers of Hydroco  Inc.,
3003892  Canada Inc.,  and MDCI to take  unregistered  shares of common stock of
this corporation in full satisfaction of US $6,470,  US $18,196,  and US $17,286
respectively, owed to them by this corporation.

         RESOLVED, that in connection with the acceptance of such offers that an
aggregate of 58,818  shares of this  corporation's  common  stock be issued,  in
equal  amounts  of 29,  409  shares,  to each of Roma  Mailloux  Jr.  and  Serge
Lespirance, assignees of Hydroco Inc., that 132,335 shares of this corporation's
common stock be issued to 3003892  Canada Inc.  and that 144,050  shares of this
corporation's common stock be issued to MDCI.

GENERAL

         RESOLVED,  that the proper officers of this  Corporation are authorized
and directed,  in the name and on behalf of this  Corporation,  to make all such
arrangements,  do and  perform  all such acts and things and execute and deliver
all such certificates and such other  instruments,  consents,  waivers and other
documents as they may deem necessary or appropriate in order fully to effectuate
the purpose of each and all of the foregoing resolutions.
<PAGE>

         RESOLVED,   that  this  consent  may  be  executed  in  any  number  of
counterparts,  each of  which  shall be  deemed  an  original,  but all of which
together shall constitute one and the same consent.

/s/ TERENCE C. BYRNE
----------------------------------
    Terence C. Byrne

/s/ LOUIS SANZARO
----------------------------------
    Louis Sanzaro

/s/ LOUIS MURO
----------------------------------
    Louis Muro
<PAGE>   1



                                   EXHIBIT 23

                      Consent of KPMG Peat Marwick LLP to
                      incorporation of reports in Form S-8
                         No. 33-48497 and No. 333-26007
<PAGE>   2


                         Independent Auditors' Consent


The Board of Directors
C.H. Heist Corp.:



We consent to incorporation by reference in the registration statements No.
33-48497 and 333-26007 on Forms S-8 of C. H. Heist Corp. of our reports dated
February 11, 1998, relating to the consolidated balance sheets of C. H. Heist
Corp. and subsidiaries as of December 28, 1997 and December 29, 1996 and the
related consolidated statements of earnings, stockholders' equity and cash flows
for the years ended December 28, 1997, December 29, 1996 and December 31, 1995,
and related schedule, which reports appear in or are incorporated by reference
in the December 28, 1997 annual report on Form 10-K of C. H. Heist Corp.



                                        KPMG Peat Marwick LLP

Buffalo, New York
March 20, 1998
UAS PREFLIGHT INSPECTION DJI F450 DJI NAZA MV-2 AUTOPILOT SYSTEM AIRFRAME 1. Ensure arms and fasteners are securely mounted to the top and bottom body plates , and that there is no damage. 2. Ensure body plates are not damaged. LANDING GEAR 1. Inspect Landing gear for wear or cracks. 2. Ensure Landing gear is securely fastened to the UAS. PROPULSION SYSTEM 1. Inspect each electronic speed controller, ensure they are securely fastened to the UAS and that all connectors are correctly and securely connected to each motor

. 2. Inspect all motors for damage and ensure they are securely mounted to each arm. 3. Inspect all propellers for nicks, cracks and wear. RECEIVER AND AUTOPILOT SYSTEM 1. Inspect GPS module and make sure cable is connected to the PMU (power supply module). 2. Inspect PMU (power supply module) make sure all connections are secure. 3. Inspect the receiverand make sure all connections are secure. 4. Inspect the main controllerand make sure all connections are secure. 5. Inspect Remote LED and make sure connection is secure. POWER SOURCE 1. Ensure batteryis fully charged. 1. Ensure battery is not swollen or has not been punctured. 2. Ensure batteryis securely mounted to the UAS. GIMBAL AND CAMERA SYSTEM 1. Inspect the gimbal and gimbal mounting plate . Ensure the gimbal mounting plate is securely fastened to the UAS lower body plate

. 2. Inspect the camera and ensure it is securely mounted to the gimbal.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D

.C

. 20460



### September22, 2015

MEMORANDUM OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION



### SUBJECT: Audrey 

### III Terrestrial Plant Modeling for Sulfonylurea Chemicals

FROM: Margaret Hathaway, Chemical Review Manager Cathryn Britton, Team Leader Risk Management and Implementation Branch 2 Pesticide Re-evaluation Division



### THRU: Kevin Costello, Branch Chief Risk Management and Implementation Branch 2 and 4 Pesticide Re-evaluation Division



### TO: SulfonylureaRegistration Review Public Dockets: Bensulfuron-methyl (EPA-HQ-OPP-2011-0663) Chlorimuron-ethyl (EPA-HQ-OPP-2010-0478) Chlorsulfuron (EPA-HQ-OPP-2012-0878) Flazasulfuron (EPA-HQ-OPP-2011-0994) Foramsulfuron (EPA-HQ-OPP-2012-0387) Halosulfuron-methyl (EPA-HQ-OPP-2011-0745) Imazosulfuron (EPA-HQ-OPP-2015-0625) Iodosulfuron-methyl-sodium (EPA-HQ-OPP-2012-0717) Mesosulfuron-methyl (EPA-HQ-OPP-2012-0833) Metsulfuron-methyl (EPA-HQ-OPP-2011-0375) Nicosulfuron (EPA-HQ-OPP-2012-0372) Orthosulfamuron (EPA-HQ-OPP-2011-0438) Primisulfuron-methyl (EPA-HQ-OPP-2011-0844) Prosulfuron (EPA-HQ-OPP-2011-1010) Rimsulfuron (EPA-HQ-OPP-2012-0178) Sulfometuron-methyl (EPA-HQ-OPP-2012-0433) Sulfosulfuron (EPA-HQ-OPP-2011-0434) Thifensulfuron-methyl (EPA-HQ-OPP-2011-0171) Triasulfuron (EPA-HQ-OPP-2012-0115) Tribenuron-methyl (EPA-HQ-OPP-2010-0626) Trifloxysulfuron-Sodium (EPA-HQ-OPP-2013-0409) Triflusulfuron-methyl (EPA-HQ-OPP-2012-0605)The Office ofPesticide Programs is developing a model for estimating exposure to terrestrial plants called Audrey III. Audrey III is based on a newconceptual model and uses EPA's Pesticide RootZone Model (PRZM) to estimate runoffofa treated field onto a Plant Exposure Zone (PEZ) where it is combined with loading from spray drift.

The current, provisional version ofAudrey III is run in a spreadsheet using the equations described in Appendices G and HofEPA's ecological risk assessment for sulfonylurea chemicals ("Preliminary Ecological Risk Assessment for Registration Review of22 Sulfonylurea Herbicides" August 26, 2015). This document is publically available in the 22 sulfonylurea chemical dockets listed above.

Due to file size, this collection ofmodelling runs is not available directly through Regulations.gov. Members ofthe public interested in obtaining the Audrey III data files should
contactthe OPP Docketto receive them via CD-ROM at (703) 305-5805.

Kevin Costello Branch Chief RiskManagement andImplementation Branches 2and4 Pesticide Re-evaluation Division Office ofPesticide Programs
Exhibit 23

CONSENT
OF INDEPENDENT PUBLIC ACCOUNTANTS

As
independent public accountants, we hereby consent to the incorporation of our report dated January 24, 2001, included in this Form 10-K for the year ended
December 31, 2000, into the Company's previously filed Registration Statements (File Nos. 2-99967, 33-35951, 333-04273, 333-10415,
333-175155, 333-18523, 333-38047, 333-41447 and 333-89437).

|ARTHUR ANDERSEN LLP                    |  | 
|-------------------------------------- |  | 
|Los Angeles, California
March 27, 2001 |  | 

---

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### 3 0
# Official Journal C 269I/2019

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 269I |
| | |
| English edition | Information and Notices | Volume 6212 August 2019 |

ISSN 1977-091X

Official Journal

of the European Union

C 269I

English edition

Information and Notices

Volume 6212 August 2019

---

| Contents | page |
| --- | --- |
| | V   Announcements |
| | PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY |
| | European Commission |
| 2019/C 269 I/01 | Notice of initiation of an anti-dumping proceeding concerning imports of certain hot rolled stainless steel sheets and coils originating in the People’s Republic of China, Taiwan and Indonesia | 1 |

Contents

page

V   Announcements

PROCEDURES RELATING TO THE IMPLEMENTATION OF THE COMMON COMMERCIAL POLICY

European Commission

2019/C 269 I/01

Notice of initiation of an anti-dumping proceeding concerning imports of certain hot rolled stainless steel sheets and coils originating in the People’s Republic of China, Taiwan and Indonesia

1

---

| EN | |
| --- | --- |

EN
PROMISSORY NOTE



     CASINO RESOURCE CORPORATION OF TUNISIE,  S.A., promises to pay to the order
of SEAMAR VENTURES,  LLC, a Mississippi  Limited Liability Company,  the sum, of
Five  Hundred  Twelve  Thousand  Five  Hundred  Dollars   ($512,500.00)  without
interest,  and in the manner set out hereinbelow and according to the provisions
and agreements as follows:

     1. Payment  Schedule:  This note is payable in eighteen  (18) equal monthly
payments in the amount of  Twenty-eight  Thousand Four Hundred  Seventy-two  and
22/100  Dollars  ($28,472,22)  each,  commencing on December 1, 1999, and a like
amount on each  first day of the month  thereafter  until paid in full on May 1,
2001.

     2. Default and Cost of Collection: If full payment is not made on said note
in accordance  with the aforesaid  payment  schedule,  and if such default shall
continue for a period of ten (10) days after notice  thereof,  then the Payee or
other holder hereof may, at his option, declare the balance then remaining to be
due and payable.  In case of such  default,  interest at the legal rate of eight
(8%) per cent per annum shall  commence  on the date of such  default and be due
and payable on all sums  overdue for payment  more than five (5) days,  together
with costs of collection, including reasonable attorneys' fees.

     3. Place of Payment:  All payments  hereon shall be made by Federal Express
to the Payee at SeaMar  Ventures,  c/o Matt Walker,  M.A.  Norden Paper Company,
6955 Carey Hamilton Road, Theodore,  Alabama,  36582, or such other place as the
Payee or its designated successor may specify in writing.

     4.  Notice:  Notice  shall be  deemed  sufficient  if sent to any party via
facsimile and United States mail,  first class postage  prepaid.  In case of the
Payee,  notice  must be sent by  Federal  Express to SeaMar  Ventures,  c/o Matt

<PAGE>

Walker, M.A. Norden Paper Company, 6955 Carey Hamilton Road, Theodore,  Alabama,
36582, or such other agent as designated in writing by Payee. In the case of the
Promisors,  notice  must be sent by or  sent  to (as  the  case  may be)  Casino
Resource  Corporation of Tunisie,  S.A.,  c/o Mr. John J. Pilger,  707 Bienville
Boulevard, Ocean Springs, Mississippi, 39564.

     5.  Presentment and Dishonor:  Presentment for payment,  demand,  notice of
dishonor,  protest,  notice  of  protest,  and  any  exemption  allowed  by  the
constitution or laws of any state are hereby waived by the undersigned.  Failure
by the  holder  hereof  to  exercise  any  option  granted  hereunder  shall not
constitute a waiver of future rights.

     WITNESS OUR SIGNATURES on this 5th day of November, 1999.

                                          CASINO RESOURCE CORPORATION
                                          OF TUNISIE, S.A.


                                          BY: /s/ John J. Pilger
                                              --------------------------------




                                      (2)
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-START>                             OCT-01-1995
<PERIOD-END>                               SEP-30-1996
<CASH>                                         472,408
<SECURITIES>                                         0
<RECEIVABLES>                               29,253,174
<ALLOWANCES>                                 2,439,406
<INVENTORY>                                 18,364,597
<CURRENT-ASSETS>                            58,022,152
<PP&E>                                      30,842,218
<DEPRECIATION>                              15,124,565
<TOTAL-ASSETS>                              91,709,959
<CURRENT-LIABILITIES>                       32,621,443
<BONDS>                                              0
<COMMON>                                     5,295,556
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                  28,255,866
<TOTAL-LIABILITY-AND-EQUITY>                91,709,959
<SALES>                                    114,227,733
<TOTAL-REVENUES>                           114,955,808
<CGS>                                       83,604,293
<TOTAL-COSTS>                              119,108,754
<OTHER-EXPENSES>                               663,282
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,769,285
<INCOME-PRETAX>                            (6,585,513)
<INCOME-TAX>                               (2,043,000)
<INCOME-CONTINUING>                        (4,542,513)
<DISCONTINUED>                             (4,791,529)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (9,334,042)
<EPS-PRIMARY>                                   (1.90)
<EPS-DILUTED>                                   (1.90)
        

</TABLE>
March 12, 2015

Mr. James Keane 165 West Islip Road West Islip, NY 11795

Dear Mr. Keane:

This letter is to inform you that we are unabl e to process your request for an exemption. It explains why we cannot proce ss your request and what you s hould do in the next 30 days.

Why We Cannot Process Your Request

We entered your January 13, 2015, exemption re quest into the public docket (No. FAA-2015- 0068), but we are unable to proces s your request any further. The information you sent does not comply with the requirements of § 11.81 (copy enclosed). For us to consider the request any further, you must send us all of the following:

 The specific section or sections of 14 CFR fr om which you seek relief and the extent of the relief you seek.

 The reasons why granting the request would be in the public interest; that is, how it would benefit the public as a whole.

 Any additional information, views, or ar guments available to support your request.

What You Should Do

If you want us to process your request any fu rther, you must send the information described earlier to reach us within 30 days. Please note that § 11.63(d) requi res you to send your petition for exemption at least 120 days before the proposed effective date of the exemption.2

If We Do Not Hear From You

If we do not hear from you within 30 days , we will close the docket without notifying you further. If you have any questions or require additiona l time, you may call (202) 267-9677.

Sincerely,

/s/

Nia Daniels Program Analyst, Airmen and Airspace Rules Division

Enclosure