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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

STEVEN CABASA,

Plaintiff-Appellant,

 v.

CITY AND COUNTY OF HONOLULU,

Department of Environmental Services; et

al.,

Defendants-Appellees.

No. 15-16597

D.C. No. 

1:14-cv-00080-DKW-RLP

MEMORANDUM*

Appeal from the United States District Court

for the District of Hawaii

Derrick Kahala Watson, District Judge, Presiding

Submitted February 16, 2018** 

Honolulu, Hawaii

Before: O’SCANNLAIN, CLIFTON, and IKUTA, Circuit Judges.

Steven Cabasa appeals the district court’s order granting summary judgment

to the City and County of Honolulu, Department of Environmental Services (the

FILED

FEB 21 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 panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2).
City) on his claim that the City retaliated against him for protected conduct in

violation of the Hawaii Whistleblower Protection Act (HWPA), Haw. Rev. Stat.

§ 378-62. We have jurisdiction under 28 U.S.C. § 1291. 

It is undisputed that a candidate for the Wastewater Pumping Operations

Supervisor position must receive at least a 70% score on the promotional

examination to be considered for the position and that Cabasa received a 57.5%

score on the examination. Accordingly, there is no genuine issue of material fact

that the City would not have promoted Cabasa “regardless of the protected

activity.” Crosby v. State Dep’t of Budget & Fin., 76 Haw. 332, 342 (1994)

(quoting NLRB v. Howard Elec. Co., 873 F.2d 1287, 1290 (9th Cir. 1989)). 

AFFIRMED.

2
### §6301. Authorization requirement

(a) In General.—A contract or purchase on behalf of the Federal Government shall not be made unless the contract or purchase is authorized by law or is under an appropriation adequate to its fulfillment.

(b) Exception.—

(1) Definition.—In this subsection, the term "defined Secretary" means—

(A) the Secretary of Defense; or

(B) the Secretary of Homeland Security with respect to the Coast Guard when the Coast Guard is not operating as a service in the Navy.

(2) In general.—Subsection (a) does not apply to a contract or purchase made by a defined Secretary for clothing, subsistence, forage, fuel, quarters, transportation, or medical and hospital supplies.

(3) Current year limitation.—A contract or purchase made by a defined Secretary under this subsection may not exceed the necessities of the current year.

(4) Reports.—The defined Secretary shall immediately advise Congress when authority is exercised under this subsection. The defined Secretary shall report quarterly on the estimated obligations incurred pursuant to the authority granted in this subsection.

(c) Special Rule for Purchase of Land.—Land may not be purchased by the Federal Government unless the purchase is authorized by law.

(Pub. L. 111–350, §3, Jan. 4, 2011, 124 Stat. 3803; Pub. L. 111–281, title IX, §903(a)(4), Oct. 15, 2010, 124 Stat. 3010.)

#### Amendment Not Shown in Text

Subsecs. (a) and (b) of this section are derived from section 11 of former Title 41, Public Contracts, which was amended by Pub. L. 111–281, title IX, §903(a)(4), Oct. 15, 2010, 124 Stat. 3010, prior to being repealed and reenacted as subsecs. (a) and (b) of this section by Pub. L. 111–350, §§3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For applicability of that amendment to this section, see section 6(a) of Pub. L. 111–350, set out as a Transitional and Savings Provisions note preceding section 101 of this title. Section 903 of Pub. L. 111–281 provided that, effective with the enactment of Pub. L. 109–241, section 902(c) of Pub. L. 109–241, which amended section 3732 of the Revised Statutes, is amended by inserting in the directory language, "of the United States" after "Revised Statutes", resulting in no change in text.

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 6301(a) | 41:11(a) (words before 2nd comma). | R.S. §3732; Pub. L. 89–687, title VI, §612(e), Oct. 15, 1966, 80 Stat. 993; Pub. L. 98–557, §17(e)(1), (2), Oct. 30, 1984, 98 Stat. 2868; Pub. L. 104–106, div. D, title XLIII, §4322(b)(4), Feb. 10, 1996, 110 Stat. 677; Pub. L. 109–241, title IX, §902(c), July 11, 2006, 120 Stat. 566. |
| 6301(b) | 41:11(a) (words after 2nd comma), (b). | |
| 6301(c) | 41:14. | R.S. §3736. |

Section

In subsection (b)(1)(A), the words "Secretary of Defense" are substituted for "Department of Defense" because of 10:113.

In subsection (b)(1)(B), the words "Secretary of Homeland Security" are substituted for "Department of Homeland Security" because of section 102(a)(2) of the Homeland Security Act of 2002 (6 U.S.C. 112(a)(2)).
#### § 1000.22 Office of Human Resources Management.

The Office of Human Resources Management, which is managed by the Director of the Office, provides human resources management support to the Commission in the areas of recruitment and placement, position classification, training and executive development, employee and labor relations, employee benefits and retirement assistance, employee assistance programs, drug testing, leave administration, disciplinary and adverse actions, grievances and appeals, and performance management.
In connection with the filing of Secure Automated Filing Enterprises Inc.'s (the "Company") Quarterly Report on Form 10-QSB for the period ending September 30, 2004 with the Securities and Exchange Commission on the date hereof (the "Report"), I, Rory O'Byrne, the President,  Chief Executive Officer, and Chief Financial Officer of the Company, 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 Company.

|Date: October 20, 2004 |  | /s/ Rory O'Byrne                                               
|---------------------- |  | ---------------------------------------------------------------
|                       |  |                                                                
|Name:                  |  | Rory O'Byrne                                                   
|Title:                 |  | President, Chief Executive Officer, and Chief Financial Officer

A signed  original of this  written  statement  required by Section 906 has been provided  to Secure Automated Filing Enterprises Inc. and will be  retained  by Secure Automated Filing Enterprises Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

---
### §112. Detail of employees of executive departments

The head of any department, agency, or independent establishment of the executive branch of the Government may detail, from time to time, employees of such department, agency, or establishment to the White House Office, the Executive Residence at the White House, the Office of the Vice President, the Domestic Policy Staff, and the Office of Administration. Any such office to which an employee has been detailed for service to such office shall reimburse the detailing department, agency, or establishment for the pay of each employee thereof—

(1) who is so detailed, and

(2) who is performing services which have been or would otherwise be performed by an employee of such office,

for any period occurring during any fiscal year after 180 calendar days after the employee is detailed in such year.

(Added Pub. L. 95–570, §3(a), Nov. 2, 1978, 92 Stat. 2449.)

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date

Section applicable to any fiscal year beginning on or after Oct. 1, 1978, see section 6(a) of Pub. L. 95–570, set out as an Effective Date of 1978 Amendment note under section 102 of this title.

#### Authority With Respect to Detailed Employees

Pub. L. 107–67, title VI, §637, Nov. 12, 2001, 115 Stat. 553, provided that: "During fiscal year 2002 and thereafter, the head of an entity named in 3 U.S.C. 112 may, with respect to civilian personnel of any branch of the Federal Government performing duties in such entity, exercise authority comparable to the authority that may by law (including chapter 57 and sections 8344 and 8468 of title 5, United States Code) be exercised with respect to the employees of an Executive agency (as defined in 5 U.S.C. 105) by the head of such Executive agency, and the authority granted by this section shall be in addition to any other authority available in law."
#### § 1116.1 Purpose.

The purpose of this part 1116 is to establish procedures for filing with the Consumer Product Safety Commission (“the Commission”) reports required by section 37 of the Consumer Product Safety Act (CPSA) (15 U.S.C. 2084) and to set forth the Commission's interpretation of the provisions of section 37.
# L_2017263EN.01001401.xml

| 12.10.2017 | EN | Official Journal of the European Union | L 263/14 |
| --- | --- | --- | --- |

12.10.2017

EN

Official Journal of the European Union

L 263/14

---

DECISION OF THE EEA JOINT COMMITTEE

No 303/2015

of 11 December 2015

amending Annex II (Technical regulations, standards, testing and certification) to the EEA Agreement [2017/1814]

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 Regulation (EU) 2015/1221 of 24 July 2015 amending Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, for the purposes of its adaptation to technical and scientific progress (1) is to be incorporated into the EEA Agreement. |
| --- | --- |

(1)

Commission Regulation (EU) 2015/1221 of 24 July 2015 amending Regulation (EC) No 1272/2008 of the European Parliament and of the Council on classification, labelling and packaging of substances and mixtures, for the purposes of its adaptation to technical and scientific progress (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 12zze (Regulation (EC) No 1272/2008 of the European Parliament and of the Council) of Chapter XV of Annex II to the EEA Agreement:

| ‘— | 32015 R 1221: Commission Regulation (EU) 2015/1221 of 24 July 2015 (OJ L 197, 25.7.2015, p. 10).’ |
| --- | --- |

‘—

32015 R 1221: Commission Regulation (EU) 2015/1221 of 24 July 2015 (OJ L 197, 25.7.2015, p. 10).’

Article 2

The texts of Regulation (EU) 2015/1221 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 12 December 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, 11 December 2015.

For the EEA Joint Committee

The President

Oda SLETNES

---

(1)  
  OJ L 197, 25.7.2015, p. 10.

1

(*1)  No constitutional requirements indicated.

*1

---
#### Deborah Williams, Respondent, v David M. James, M.D., et al., Defendants, and Kaleida Health System, Inc., et al., Appellants.

[821 NYS2d 141]

Motion for reargument or leave *1247to appeal to the Court of Appeals denied. Present — Pigott, Jr., P.J., Hurlbutt, Scudder and Green, JJ.
#### Jeanette Greenhut, Respondent, v. Henry Greenhut, Appellant.

Orders unanimously modified (1) by providing that the obligation of the husband to pay $150 for the support of the children be suspended during that part of the summer in which he pays all the expenses at camps for the maintenance of the children, and be suspended thereafter to the extent of $75 per week in such period during which he pays all the expenses of the daughter at college and while she is actually away from home at college; (2) by allowing the husband during the pendency of the action, to have, without interference, occupancy of either the city apartment maintained by him or the lakeside house, the choice to be exercised by the wife by notice in writing;' (3) by fixing the counsel fee at $3,000 and, as so modified the orders are affirmed. The injunction against the husband shall affect only the disposition of capital assets and shall not prevent transactions in the ordinary course of business. We have considered on the basis of the record before us the wife’s application to prosecute her separate appeal from that part of the order which disallows personal alimony to her, and we deny that motion. The solution to this and the other questions in the case is an early and careful trial of all the issues raised. Settle order on notice. Present — Dore, J. P., Cohn, Callahan, Breitel and Bergan, JJ. [See *post,*p. 760.]
§ 930.45 Availability of mediation for previously reviewed activities. ( a ) Federal and State agencies shall cooperate in their efforts to monitor federally approved activities in order to make certain that such activities continue to be undertaken in a manner consistent to the maximum extent practicable with the enforceable policies of the management program.
( b ) The State agency may request that the Federal agency take appropriate remedial action following a serious disagreement resulting from a Federal agency activity, including those activities where the State agency's concurrence was presumed, which was: ( 1 ) Previously determined to be consistent to the maximum extent practicable with the management program, but which the State agency later maintains is being conducted or is having an effect on any coastal use or resource substantially different than originally described and, as a result, is no longer consistent to the maximum extent practicable with the enforceable policies of the management program; or
( 2 ) Previously determined not to be a Federal agency activity affecting any coastal use or resource, but which the State agency later maintains is being conducted or is having an effect on any coastal use or resource substantially different than originally described and, as a result, the activity affects any coastal use or resource and is not consistent to the maximum extent practicable with the enforceable policies of the management program. The State agency's request shall include supporting information and a proposal for recommended remedial action.
( c ) If, after a reasonable time following a request for remedial action, the State agency still maintains that a serious disagreement exists, either party may request the Secretarial mediation or OCRM mediation services provided for in subpart G of this part.
#### § 782.1 Overview of reporting requirements under the APR.

Part 783 of the APR describes the reporting requirements for certain activities specified in the APR. For each activity specified in part 783, BIS may require that an *Initial Report*, an *Annual Update Report*, a *No Changes Report*, an *Import Confirmation Report*, a *Supplemental Information Report*, or an *Amended Report* be submitted to BIS. In addition, persons subject to the APR may be required to provide BIS with information needed to assist the IAEA in clarifying or verifying information specified in the U.S. declaration or in clarifying or amplifying information concerning the nature of the activities conducted at a location (see §§ 783.1(d) and 784.1(b)(2) of the APR for requirements concerning a *Supplemental Information Report*). If, after reviewing part 783 of the APR, you determine that you are subject to one or more APR reporting requirements, you may obtain the appropriate forms by contacting BIS (see § 782.5 of the APR). In addition, forms may be downloaded from the Internet at *http://www.ap.gov.*
### PART A—GENERAL
#### § 1211.1 Effective date.

This standard applies to all residential garage door operators manufactured on or after January 1, 1993 for sale in the United States.
| (1)   | the                Quarterly Report on Form 10-QSB of Colombia Goldfields Ltd. for the                quarter ended September 30, 2006 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 Quarterly Report on Form 10-QSB for                the                quarter ended September 30, 2006, fairly presents in all material                respects, the financial condition and results of operations of Colombia                Goldfields Ltd.. |
|-----------------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|  By: |  /s/                J. Randall Martin          |
|-----------|-----------------------------------------------------|
| Name:     | J.                Randall Martin                    |
| Title:    | Chief                Executive Officer and Director |
| Date:     | November                22, 2006                    |
|  By: |  /s/                Kenneth Phillippe          |
| Name:     | Kenneth                Phillippe                    |
| Title:    | Chief                Financial Officer              |
| Date:     | November                22, 2006                    |
### Part G—Poison Control
§ 1025.67 Restrictions as to former members and employees. ( a ) *Generally.* Except as otherwise provided in paragraph (b) of this section, the post-employee restrictions applicable to former Commission members and employees, as set forth in the Commission's “Post Employment Restrictions Applicable to Former Commission Officers and Employees”, 16 CFR part 1030, subpart L, shall govern the activities of former Commission members and employees in matters connected with their former duties and responsibilities.
( b ) *Participation as witness.* A former member or employee of the Commission may testify in any proceeding subject to these Rules concerning his/her participation in any Commission activity. This section does not constitute a waiver by the Commission of any objection provided by law to testimony that would disclose privileged or confidential material. The provisions of 18 U.S.C. 1905 prohibiting the disclosure of trade secrets also applies to testimony by former members and employees.
( c ) *Procedure for requesting authorization to appear.* In cases to which paragraph (a) of this section is applicable, a former member or employee of the Commission may request authorization to appear or participate in any proceedings or investigation by filing with the Secretary a written application disclosing the following information: ( 1 ) The nature and extent of the former member's or employee's participation in, knowledge of, and connection with the proceedings or investigation during his/her service with the Commission;
( 2 ) Whether the files of the proceedings or investigation came to his/her attention;
( 3 ) Whether he/she was employed in the directorate, division, or other organizational unit within the Commission in which the proceedings or investigation is or has been pending;
( 4 ) Whether he/she worked directly or in close association with Commission personnel assigned to the proceedings or investigation and, if so, with whom and in what capacity; and
( 5 ) Whether during service with the Commission, he/she was engaged in any matter concerning the person involved in the proceedings or investigation.
( d ) *Denial of request to appear.* The requested authorization shall not be given in any case: ( 1 ) Where it appears that the former member or employee, during service with the Commission, participated personally and substantially in the proceedings or investigation; or
( 2 ) Where the Commission is not satisfied that the appearance or participation will not involve any actual or apparent impropriety; or
( 3 ) In any case which would result in a violation of title 18, United States Code, section 207.
### SUBCHAPTER IV—NUCLEAR WASTE NEGOTIATOR
#### Commissioner of Motor Vehicles *v.*DeMilo and Company, Inc.

*Lorraine W. Osborne,*in support of the petition.

*Michael J. Lombardo,*assistant attorney general, in opposition.

Decided April 5, 1988

The defendant’s petition for certification for appeal from the Appellate Court is denied.
Exhibit 32


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


<PAGE>

Exhibit 32


                          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 Xpention  Genetics,  Inc.  (formerly
Bayview  Corporation  (the  "Company")  on Form  10-QSB/A  for the period  ended
February 28, 2006 as filed with the  Securities  and Exchange  Commission on the
date hereof (the "Report"), the undersigned,  in the capacities and on the dates
indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted
pursuant  to  Section  906  of  the  Sarbanes-Oxley  Act of  2002,  that  to his
knowledge:


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 Company.



Date:  January 30, 2007



/s/ David Kittrell
---------------------------------------
David Kittrell, CEO and CFO
## Aircraft **SUPPORTED BATTERY** - DJI 5200mAh LiPo Battery **WEIGHT (BATTERY & PR OPELLERS INCLUDED)**  - 1242g **HOVER ACCURACY (READ Y TO FLY)**  - Vertical: 0.8m; Horizontal: 2.5m **MAX YAW ANGULAR VELO CITY**  - 200°/s **MAX TILTABLE ANGLE** - 35° **MAX ASCENT / DESCENT SPEED**  - Ascent: 6m/s; Descent: 2m/s **MAX FLIGHT SPEED** - 15m/s (Not Recommended) **DIAGONAL MOTOR -**  **MO TOR DISTANCE**  - 350mm 

## Gim bal **WORKING CURRENT** - Static : 750mA; Dynamic : 900mA

**CONTROL ACCURACY** - ±0.03° **CONTROLLABLE RANGE** - Pitch : - 90°

- 0° **MAXIMUM ANGULAR SPEE D**  - Pitch : 90°/s



## Camera **OPERATING ENVIRONMEN T TEMPERATURE**  - 0 °C - 40 °C **SENSOR SIZE** - 1/2.3" **EFFECTIVE PIXELS** - 14 Megapixels **RESOLUTION** - 4384×3288 **HD RECORDING** - 1080p30 & 720p **RECORDING FOV** - 110° / 85°



## Remote Control **OPERATING FREQUENCY** - 5.728 GHz

- 5.85 GHz **COMMUNICATION DISTAN CE (OPEN AREA)**  - CE Com pliance: 400m; FCC Compliance: 800m **RECEIVER SENSITIVITY (1%PER)**  - 93dBm **TRANSMITTER POWER** - CE Compliance: 25mW; FCC Compliance: 100mW **WORKING VOLTAGE** - 120 mA@3.7V **BUILT -**  **IN LIPO BATTERY WORK ING CURRENT/CAPACITY**  3.7V, 2000mAh 

## Range Extender **OPERATING FREQUENCY** 2412 - 2462MHz **COMMUNICATION DISTAN CE (OPEN AREA)**  500 - 700m **TRANSMITTER POWER** 20dBm **POWER CONSUMPTION** 2W
### SUBCHAPTER V—AUTHORIZATION OF APPROPRIATIONS