alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
DANIEL F.; SHAN O.; GEOFFREY F., individually and as representatives of the class of sim ilarly situated individuals,

Plaintiffs-Appellants,

v. BLUE SHIELD OF CALIFORNIA; OGDEMLI/FELDMAN DESIGN GROUP BENEFIT PLAN,

Defendants-Appellees. No. 16-15574 D.C. No. 4:09-cv-02037-PJH
MEMORANDUM *

Appeal from the United States District Court for the Northern District of California Phyllis J. Ham ilton, Chief Judge, Presiding Argued and Subm itted October 13, 2017 San Francisco, California Before: TASHIMA and BYBEE, Circuit Judges, and LEITMAN, * * District Judge. 

# FILED
JUN 13 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 Matthew Frederick Leitm a n, United States District Judge for the Eastern District of Michigan, sitting by designation.Plaintiffs-Appellants Daniel F., Shan O., and Gregory F. appeal the district

court’s denial of class certification and denial of leave to file a renewed m otion for class certification. The parties are fam iliar with the facts and proceedings, and we will not restate them here. We doubt that the district court abused its discretion in denying class certification. Plaintiffs-Appellants failed to subm it with their m otion im portant deposition testim ony upon which som e of their central contentions depended, and their proposed class definition was plagued with uncertainty. Likewise, it seem s that the district court appropriately declined to perm it Plaintiffs-Appellants to file a renewed m otion for class certification. It does not appear that the proposed renewed m otion sufficiently cured the flaws that led the court to deny certification in the first instance. But we cannot decide this appeal on the m erits because it is m oot. When a
nam ed plaintiff’s individual claim becom es m oot after class certification is denied,
we som etim e s perm it that plaintiff to appeal the adverse class certification ruling, provided that he retains a stake in the appeal. See Campion v. Old Republic Prot. Co., Inc., 775 F.3d 1144, 1145-48 (9th Cir. 2014) (per curiam ). This stake m ay be financial, or it m a y be a private-attorney-general-like interest in class certification. See id. On the particular facts presented here, we are not persuaded that Plaintiffs2Appellants retain a stake in the outcom e of their appeal of the district court’s order

denying class certification. Accordingly, this appeal is DISMISSED as m oot.

3
#### Franklin Lee et al., Respondents, *v.*The Pittsburgh Coal and Mining Company, Appellant.

(Argued November 15, 1878;

decided November 26, 1878.)

*Sherman S. Rogers*for appellant.

*M. A. Whitney*for respondents.

Agree to affirm. No opinion.

All concur.

Judgment affirmed.
#### Sidney Goodman, Doing Business as S. Goodman Co., et al. v. Arnold S. Kirkeby et al.

Motion for leave to appeal to the Court of Appeals denied, with $10 costs. Present — Peck, P. J., Glennon, Dore and Bergan, JJ. [See *ante,*p. 86.]
%%[ Error: undefined; OffendingCommand: PK ]%%
%%[ Flushing: rest of job (to end-of-file) will be ignored ]%%
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As mandated by Congress, OPIC

places a high priority on assisting

U.S. small business investors as

they expand overseas.

Consequently, OPIC has

strengthened its Small Business

Insurance Brokers Program in an

effort to encourage brokers to

educate small business investors

about OPIC programs.

OPIC’s Small Business

Definition:

c All companies, both service and

industrial, with annual sales of

less than $250 million (taking

into account the consolidated

sales of the parent company)

c Entities with no revenues per se,

such as individual private

investors or newly-formed

companies, with net worth or

stockholders’ equity of less than

$67 million

OPIC's Small Business Insurance

Brokers’ Program

Annual Broker Commissions

The Broker Commission will be a 15% Annual Commission

based upon the premium paid by the small business investor.

The Annual Commission will be paid for the life of the

contract.

Cap on Per Project Commissions

Total commissions paid to a broker will be capped by OPIC

at $100,000 per small business project.

Broker Eligibility

A broker is eligible to receive a commission upon execution

of an insurance contract if the following criteria are met:

c The broker or agent is licensed by any state or

territory of the United States, including the District of

Columbia, to place property or casualty insurance.

c The potential insured investor designates the broker as

"broker-of-record" for the project on the OPIC Request

for Registration for the project.

c The insured investor is a company that qualifies under

the current OPIC definition for small business, as

described above.

Administration

After receipt of the first year's premium, OPIC will then pay

the broker the commission amount due.

Qualifications

c All commission payments will be made to the

brokerage firm listed as the broker-of-record. Only in

the case where a brokerage firm name is not

indicated on the Request for Registration will the

commission be made to the individual broker

indicated on the Request for Registration.

c For insurance contracts with quarterly or semi-annual

coverage elections, the commission will be paid in

installments after receipt of the premiums for each

coverage period.

OPIC welcomes the assistance of the broker-of-record in

facilitating the OPIC application process for the small

business investor. OPIC requests that the small business

investor provide OPIC with written notification as to how

communications regarding the application, executed

insurance contracts and annual Election of Coverage forms

should be directed.

Overseas Private Investment Corporation c 1100 New York Avenue, N.W. c Washington, D.C. 20527

June 2000

Small Business

Insurance Brokers’

Progra m
QuickLinks
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Exhibit 10.24    
  


 
 

LEASE AMENDMENT #2    
  


        This Amendment is dated for referenced purposes only November 12, 2001, by and between,  Marvin L. Oates as
Trustee of the Marvin L. Oates Trust dated March 7, 1995, as Lessor, and Overstocks.com, a Utah
corporation as Lessee. 


RECITALS  


        1.    The
Parties hereto have entered into a certain Lease ("LEASE") dated March 15, 2000, regarding premises described
therein as 955 South 3800 West, Suite 100, Salt Lake City, Utah 84104, consisting of approximately 109,725, square feet of warehouse space, including
approximately 1,500 square feet of office space. 



        2.    The
Parties amended the Lease with Lease Amendment #1 dated August 28, 2000 providing the temporary space and exercising tenant's option to lease the adjacent
space. Tenant's space was increased by 109,325 square feet, from 109,725 to 219,450 square feet, for a total of 175,560 square feet of leased space and 43,890 of month-to-month
space. 


        3.    The
parties now desire to amend the lease to add the month-to-month space to the term of the Lease. 


AGREEMENT  


        The parties agree as follows: 



        1.    TERMED SPACE: Effective December 1, 2001, the 43,890 square feet currently leased on a
month-to-month basis shall be added to the term of the Lease, subject to all terms as conditions of the Lease, including, but not limited to payment of rent and operating
expenses. The total square feet leased shall remain as 219,450 square feet (See Exhibit A), lease shall now be on a termed basis, expiring August 20, 2005. No space remains on a
month-to-month basis. 


        2.    RENT: Rent for the 219,450 square feet shall be as follows: 



	11/1/01 - 8/19/02	 	$63,640.50 per month	 	$0.29 p.s.f. NNN
	8/20/02 - 8/19/03	 	$65,835.00 per month	 	$0.30 p.s.f. NNN
	8/20/03 - 8/19/04	 	$68,029.50 per month	 	$0.31 p.s.f. NNN
	8/20/04 - 8/20/05	 	$70,224.00 per month	 	$0.32 p.s.f. NNN





        3.    RIGHT OF FIRST REFUSAL: This Amendment #2 shall void Lessee's Right of First Refusal discussed in Amendment #1, dated
August 28, 2000, as this Right of First Refusal was for this 43,890 square feet which is now added to the termed space. 


        4.    TENANT IMPROVEMENTS: Lessor shall connect the gas burner in the 43,890 square feet to Lessee's gas meter. 



        All
other items and conditions of the Lease shall remain the same in full force and effect. 





 



        IN
WITNESS WHEREOF, the Parties hereto have executed this Amendment to be executed as of the day and year written below. 



	LESSOR:	 	LESSEE:
	

Marvin L. Oates as Trustee of the

Marvin L. Oates Trust dated March 7, 1995	
 	

overstocks.com

a Utah corporation
	

By:	
 	

/s/  MARVIN L. OATES      
 Marvin L. Oates

Trustee of the Marvin L. Oates Trust

dated March 7, 1995	
 	

By:	
 	

/s/  JASON LINDSEY      
 Jason Lindsey, CFO

Overstock.com
	

Date:	
 	

JAN 14 2002
	
 	

Date:	
 	

Jan 3, 2002





2









QuickLinks



Exhibit 10.24


LEASE AMENDMENT #2
### Request for Information Ja ckson and Sons Commercia l Photographers (FAA-2015- 3665) 9-AWA-AVS-333Exemptions (FAA)

Dear Mr. Jackson: This letter is to inform you that the following information is missing from your petition (Docket No. FAA

− 2015

− 3665). This information is necessary for the Fede ral Aviation Administrati on (FAA) to process your p etition.

z Provide a copy of the Motion Picture and Television Op erations Manual (MPTOM) wh ich is required by Order 8900.1, Volume 3, Chapter 8, Section 1. If you wish for us toproceed without this manual and remove closedset filming from your proposed operation please inform of us of your intention by the requested response date listed below. Please submit the additional informati on (non-proprietary) to your docket at www.regulations.gov . Once your information has been submitted, plea se also send a copy of the requested information (and any proprietary information), as well as your comm ent tracking number from regulations.gov via e-mail to 333exemptions@faa.gov. I f you want us to process your request any further, we mu st receive the information de scribed above by December 22, 2015. If we do not receive the information, we wi ll close the docket without notifying you further. If you have any questions, please f eel free to contac t me at (202) 267–2999. FAA Office o f Rulemakin g Sent : T uesda y, December 08 , 2015 9:30 AM To: j rjackson3@gmail.com
# L_2017008EN.01000501.xml

| 12.1.2017 | EN | Official Journal of the European Union | L 8/5 |
| --- | --- | --- | --- |

12.1.2017

EN

Official Journal of the European Union

L 8/5

---

DECISION OF THE EEA JOINT COMMITTEE

No 177/2015

of 10 July 2015

amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2017/17]

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:

| (1) | Commission Implementing Regulation (EU) 2015/394 of 10 March 2015 amending the Annex to Regulation (EU) No 37/2010 as regards the substance ‘tulathromycin’ (1) is to be incorporated into the EEA Agreement. |
| --- | --- |

(1)

Commission Implementing Regulation (EU) 2015/394 of 10 March 2015 amending the Annex to Regulation (EU) No 37/2010 as regards the substance ‘tulathromycin’ (1) is to be incorporated into the EEA Agreement.

| (2) | Annex II to the EEA Agreement should therefore be amended accordingly, |
| --- | --- |

(2)

Annex II to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following indent is added in point 13 (Commission Regulation (EU) No 37/2010) of Chapter XIII of Annex II to the EEA Agreement:

| ‘— | 32015 R 0394: Commission Implementing Regulation (EU) 2015/394 of 10 March 2015 (OJ L 66, 11.3.2015, p. 1).’ |
| --- | --- |

‘—

32015 R 0394: Commission Implementing Regulation (EU) 2015/394 of 10 March 2015 (OJ L 66, 11.3.2015, p. 1).’

Article 2

The text of Implementing Regulation (EU) 2015/394 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 11 July 2015, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 10 July 2015.

For the EEA Joint Committee

The President

Atle LEIKVOLL

---

(1)  
  OJ L 66, 11.3.2015, p. 1.

1

(*1)  No constitutional requirements indicated.

*1

---
### §21905. Voluntary participation

The minimum standards established under section 21904(a) of this title, and any other guidelines and programs established under section 21903 of this title, shall be adoptable on a voluntary basis only.

(Pub. L. 106–468, title II, §205, as added Pub. L. 115–401, §2(5), Dec. 31, 2018, 132 Stat. 5341.)
Editorial Note on Part 352
Editorial Note: Nomenclature changes to part 352 appear at 69 FR 2050, Jan. 13, 2004.

§ 352.305 Eligibility for detail. An employee is eligible for detail to an international organization with the rights provided for in, and in accordance with, section 3343 of title 5, United States Code, and this subpart, except the following: ( a ) A Presidential appointee (other than a postmaster, Foreign Service officer or a Foreign Service information officer), regardless of whether the appointment was made by and with the advice and consent of the Senate.
( b ) A person serving in the executive branch in a confidential or policy-determining position excepted from the competitive service under Schedule C of part 213 of this chapter.
( c ) A person serving under a non-career, limited emergency, or limited term appointment in the Senior Executive Service (SES).
( d ) A person serving under a temporary appointment.
[73 FR 64860, Oct. 31, 2008]
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 Quarterly Report of American Tax Credit Trust, a Delaware
      statutory business trust Series I (the “Registrant”) on Form 10-Q for the period
      ended September 29, 2007 as filed with the Securities and Exchange Commission
      on
      the date hereof (the “Report”), I, Neal Ludeke, Chief Financial Officer of
      Richman American Credit Corp., manager 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:





(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
                Registrant.




/s/
                Neal LudekeNeal
                LudekeChief
                Financial Officer of Richman AmericanCredit
                Corp., Manager of the RegistrantMarch
                28, 2008
#### Henrietta Simon et al., Appellants, v. Sadie Cohen et al., as Executors and Trustees under the Will of Julius Cohen, Deceased, Respondents

In our opinion the denial of the motion was an improvident exercise of discretion. *(Boyd*v. *United States Mtge. & Trust Co.,*187 N. Y. 262, 266, 270; *Yeager*v. *Co-operative Fire Underwriters Assn. of N. Y. State, No. 2,*243 App. Div. 743; *McKenzie*v. *Lavine,*249 App. Div. 755; Civ. Prac. Act, § 105.) Carswell, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.
# L_2017288EN.01000101.xml

| 7.11.2017 | EN | Official Journal of the European Union | L 288/1 |
| --- | --- | --- | --- |

7.11.2017

EN

Official Journal of the European Union

L 288/1

---

Notice concerning the provisional application of the Bilateral Agreement between the European Union and the United States of America on prudential measures regarding insurance and reinsurance

The European Union and the United States of America have notified each other of the completion of the procedures necessary for the provisional application of the Bilateral Agreement between the European Union and the United States of America on prudential measures regarding insurance and reinsurance (1). Consequently, the Agreement shall, pursuant to its Article 10(2)(a), be provisionally applied as from 7 November 2017.

1

By virtue of Article 3 of Council Decision (EU) 2017/1792 (2) on the signing and provisional application of the Agreement, the Agreement shall, in accordance with its terms, be applied on a provisional basis in accordance with Articles 9 and 10 of the Agreement, pending the completion of the procedures necessary for the conclusion of the Agreement.

2

---

(1)  
  OJ L 258, 6.10.2017, p. 4.

1

(2)  
  OJ L 258, 6.10.2017, p. 1.

2

---
#### § 1208.14 Representation by Special Counsel.

The Special Counsel may represent an appellant in a USERRA appeal before the Board. A written statement (in any format) that the appellant submitted a written request to the Secretary of Labor that the appellant's complaint under 38 U.S.C. 4322(a) be referred to the Special Counsel for litigation before the Board, and that the Special Counsel has agreed to represent the appellant, will be accepted as the written designation of representative required by 5 CFR 1201.31(a). The designation of representative may be filed by electronic filing, provided the requirements of § 1201.14 of this chapter are satisfied.

[69 FR 57631, Sept. 27, 2004]
NRC NEWS

UNITED STATES NUCLEAR REGULATORY COMMISSION

OFFICE OF PUBLIC AFFAIRS, REGION II

61 Forsyth Street SW, Atlanta GA 30303

Web Site: www.nrc.gov

No. II-06-004 March 22, 2006

CONTACT: Ken Clark (404)562-4416 E-mail: OPA2@nrc.gov

Roger Hannah (404)562-4417

NRC TO DISCUSS 2005 PERFORMANCE ASSESSMENT

FOR VOGTLE NUCLEAR POWER PLANT

The Nuclear Regulatory Commission staff will meet with representatives of Southern Nuclear

Operating Company on Wednesday, March 29, to discuss the agency’s assessment of safety

performance last year at the Vogtle Nuclear Power Plant, located 26 miles southeast of Augusta, Ga. 

The meeting, which is open to the public, is scheduled to begin at 12 noon at the Burke County

Courthouse in Waynesboro, Ga. The NRC staff will present the results of the assessment and be

available to respond to questions or comments from the public before the close of the meeting. 

“The NRC continually reviews the performance of the Vogtle plant and the nation’s other

commercial nuclear power facilities,” NRC Region II Administrator William Travers said. “This

meeting is a chance for us to discuss that safety performance with the company, with local officials and

with people living near the plant.”

A letter sent from the NRC Region II Office to plant officials addresses the performance of the

plant during the period and will serve as the basis for the meeting discussion. It is available on the

NRC web site at: www.nrc.gov/NRR/OVERSIGHT/ASSESS/LETTERS/vog_2005q4.pdf . 

The NRC’s assessment concluded that the Vogtle plant operated safely during the period. The

NRC uses color-coded inspection findings and performance indicators to assess nuclear plant

performance. The colors start with “green” and then increase to “white,” “yellow” or “red,” depending

on the safety significance of the issues involved. 

All of the inspection findings and performance indicators for Vogtle during 2005 were

determined to be “green.” As a result of this performance, the NRC is conducting the normal or

baseline level of inspections this year.

Routine inspections are performed by two NRC Resident Inspectors assigned to the plant and

by inspection specialists from the Region II Office in Atlanta, and the agency’s headquarters in

Rockville, Md. Among the areas to be inspected during 2006 by NRC specialists are containment

emergency recirculation sump blockage and reactor vessel head penetrations.

Current performance information for the two units at the Vogtle plant is available on the NRC’s

web site at: www.nrc.gov/NRR/OVERSIGHT/ASSESS/VOG1/vog1_chart.html and 

www.nrc.gov/NRR/OVERSIGHT/ASSESS/VOG2/vog2_chart.html .

###
#### § 335.104 Eligibility for career ladder promotion.

No employee shall receive a career ladder promotion unless his or her current rating of record under part 430 of this chapter is “Fully Successful” (level 3) or higher. In addition, no employee may receive a career ladder promotion who has a rating below “Fully Successful” on a critical element that is also critical to performance at the next higher grade of the career ladder.

[51 FR 8411, Mar. 11, 1986]
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