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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

In re: WALLDESIGN, INC., 

Debtor, 

______________________________ 

BRIAN WEISS, as Trustee of the 

Walldesign Liquidation Trust, 

Plaintiff-Appellee, 

 v. 

BELLA CASA PROPERTY SERVICES 

LLC, 

Defendant-Appellant.

No. 17-55652 

D.C. No. 8:15-cv-01371-VAP 

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Virginia A. Phillips, Chief Judge, Presiding

Submitted November 6, 2018**

Pasadena, California

 

* 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).

FILED

NOV 15 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

Before: RAWLINSON and HURWITZ, Circuit Judges, and BOUGH,*** District 

Judge.

Bella Casa Property Services appeals a district court order affirming the 

bankruptcy court’s grant of summary judgment to Brian Weiss, acting trustee for 

Walldesign, Inc. The bankruptcy court found various payments made from a 

Walldesign bank account to Bella Casa by Michael Bello, a Walldesign officer,

voidable as fraudulent transfers. We have jurisdiction under 28 U.S.C. § 158(d)(1)

and affirm.

1. It is undisputed that the transfers to Casa Bella were for the benefit of 

Bello, not Walldesign, and were not disclosed to corporate management. Nor is 

there any doubt that the funds were Walldesign’s. See Matter of Walldesign, Inc., 

872 F.3d 954, 971 (9th Cir. 2017), cert. denied sub nom. Henry v. Weiss, 138 S. Ct. 

2575 (2018). They were transferred from an account in Walldesign’s name and 

funded with refund checks from Walldesign’s suppliers. The bankruptcy court 

therefore did not err in treating the payments as fraudulent transfers. See 11 U.S.C. 

§ 548(a); Cal. Civ. Code § 3439.04(a).

2. A fraudulent conveyance can be recovered even from an initial transferee 

that acted in good faith. 11 U.S.C. § 550(a)–(b)(1); Cal. Civ. Code § 3439.08(b)(1). 

 

*** The Honorable Stephen R. Bough, United States District Judge for the 

Western District of Missouri, sitting by designation.
3 

There can be no dispute that Bella Casa was the initial transferee of the funds at 

issue. See Walldesign, 872 F.3d at 967. 

3. The bankruptcy court did not err in considering declarations summarizing

Walldesign’s financial and bank statements, and documents in the Walldesign 

Chapter 11 case docket. See Fed. R. Evid. 1006 (allowing admission of summaries 

of voluminous writings).

AFFIRMED.
No. IV-16-005 March 16, 2016 

CONTACT: Victor Dricks, 817-200-1128

NRC Schedules Regulatory Conference to Discuss Apparent Violation

At River Bend Station

The Nuclear Regulatory Commission will meet with officials from Entergy Operations, Inc., on 

April 4 to discuss a preliminary inspection finding regarding the licensee’s failure to adequately assess 

the risk associated with removing some ventilation system components from service prior to 

performing scheduled maintenance. The plant is located in St. Francisville, La.

The 1 p.m. meeting at the NRC’s Region IV office at 1600 E. Lamar Blvd., Arlington, Texas, is

open to the public. NRC officials will answer questions from the public after the business portion of the 

meeting. A telephone bridge will be available for the meeting by calling 888-790-5880 and entering 

passcode 2144018.

The NRC conducted a Special Inspection at River Bend to review the circumstances 

surrounding a loss of control building ventilation on March 9, 2015, caused by electrical and 

mechanical equipment problems. As part of that review, the NRC looked at the licensee’s maintenance 

practices. Inspectors determined that prior to performing maintenance on some equipment that provides 

air conditioning to the plant’s control room, the licensee failed to adequately assess the increase in risk 

associated with those activities. Loss of air conditioning in the control room could cause a failure or 

malfunction of vital plant equipment.

The NRC evaluates regulatory performance at commercial nuclear plants with a color-coded 

process that classifies inspection findings as green, white, yellow or red in order of increasing safety 

significance. The NRC has preliminarily determined that the inspection finding has low to moderate 

(white) safety significance which may require additional inspections, regulatory actions and oversight.

No decision on the final safety significance of the finding or any additional NRC actions will be 

made at the conference. That decision will be announced at a later time.
# L_2022272EN.01000101.xml

| 20.10.2022 | EN | Official Journal of the European Union | L 272/1 |
| --- | --- | --- | --- |

20.10.2022

EN

Official Journal of the European Union

L 272/1

---

Notice concerning the entry into force of the Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part

The Framework Agreement between the European Union and its Member States, of the one part, and Australia, of the other part (1), signed in Manila (Philippines) on 7 August 2017, will enter into force on 21 October 2022, the procedure provided for in Article 61(1) of the Agreement having been completed on 21 September 2022.

1

---

(1)  
  OJ L 237, 15.9.2017, p. 7.

1

---
### §413. Rights and protections under the Fair Labor Standards Act of 1938

(a) Fair Labor Standards.—

(1) In general.—The rights and protections established by subsections (a)(1) and (d) of section 6, section 7, and section 12(c) of the Fair Labor Standards Act of 1938 shall apply to covered employees.

(2) Interns and volunteers.—For the purposes of this section, the term "covered employee" does not include an intern or a volunteer as defined in regulations under subsection (c).

(3) Compensatory time.—Except as provided in regulations under subsection (c)(3), covered employees may not receive compensatory time in lieu of overtime compensation.

(b) Remedy.—The remedy for a violation of subsection (a) shall be such damages, including liquidated damages, as would be appropriate if awarded under section 16(b) of the Fair Labor Standards Act of 1938.

(c) Regulations To Implement Section.—

(1) In general.—The President, or the designee of the President, shall issue regulations to implement this section.

(2) Agency regulations.—Except as provided in paragraph (3), the regulations issued under paragraph (1) shall be the same as substantive regulations promulgated by the Secretary of Labor to implement the statutory provisions referred to in subsections (a) and (b) except to the extent that the President or designee may determine, for good cause shown and stated together with the regulation, that a modification of such regulations would be more effective for the implementation of the rights and protections under this section.

(3) Irregular work schedules.—The President or designee shall issue regulations for covered employees whose work schedules directly depend on the schedule of the President or the Vice President that shall be comparable to the provisions in the Fair Labor Standards Act of 1938 that apply to employees who have irregular work schedules.

(d) Effective Date.—Subsections (a) and (b) shall take effect on the earlier of—

(1) the effective date of regulations issued under subsection (c); or

(2) October 1, 1998.

(Added Pub. L. 104–331, §2(a), Oct. 26, 1996, 110 Stat. 4058.)

#### **Editorial Notes**

#### References in Text

The Fair Labor Standards Act of 1938, referred to in subsecs. (a)(1), (b), and (c)(3), is act June 25, 1938, ch. 676, 52 Stat. 1060, which is classified generally to chapter 8 (§201 et seq.) of Title 29, Labor. Sections 6, 7, 12, and 16 of the Act are classified to sections 206, 207, 212, and 216, respectively, of Title 29. For complete classification of this Act to the Code, see section 201 of Title 29 and Tables.

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

#### Effective Date

Subsec. (c) of this section effective Oct. 26, 1996, see section 471(b) of this title.
EX-4.1



 





Exhibit 4.1




[FACE OF CERTIFICATE]




AGI




COMMON SHARES




INCORPORATED IN THE ISLANDS OF BERMUDA UNDER THE COMPANIES ACT, 1981




[LOGO]




CUSIP G0464B 10 7




THIS IS TO CERTIFY THAT




is the registered holder of




FULLY PAID AND NON-ASSESSABLE COMMON SHARES OF PAR VALUE US$1.00 EACH OF



Argo Group International Holdings, Ltd., transferable on the books of the Company by the holder
hereof in person or by duly authorized attorney upon surrender of this certificate properly
endorsed. This certificate and the shares represented hereby are issued and shall be held subject
to all of the provisions of the Memorandum of Association and Bye-Laws of the Company and all
amendments thereof to all of which the holder by acceptance hereof assents and shall be
transferable in accordance therewith. This certificate is not valid unless countersigned and
registered by the Transfer Agent and Registrar.



Witness the facsimile seal of the Company and the facsimile signatures of its duly authorized
officers.




Dated




[SIGNATURE]

PRESIDENT AND CHIEF EXECUTIVE OFFICER




[SEAL]




[SIGNATURE]

SECRETARY




Countersigned and Registered:

AMERICAN STOCK TRANSFER & TRUST COMPANY

     (NEW YORK, N.Y.)

Transfer Agent

and Registrar




 









 





By

Authorized Signature




[REVERSE OF CERTIFICATE]



The following abbreviations, when used in the inscription on the face of this certificate, shall be
construed as though they were written out in full according to applicable laws or regulations:




TEN COM – as tenants in common

TEN ENT – as tenants by the entireties

JT TEN – as joint tenants with right of

survivorship and not as tenants

in common




	 	 	 	 	 	 	 	 	 	 	 	 	 
	UNIF GIFT MIN ACT–	 	 	 	 	 	Custodian	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	(Cust)
	 	 	 	(Minor)	 	 
	under Uniform Gifts to Minors	 	 	 	 	 	 
	Act
	 	 	 	 	 	 	 	 	 	 	 	 
	 	 	 	 	 	 	 	 	 	 	 
	 	 	(State)
	 	 	 	 	 	 	 	 





Additional abbreviations may also be used though not in the above list.




	 	 	 	 	 	 	 
	FOR VALUE RECEIVED
	 	 	 	 	 	 
	 	 	 	 	 
	 	 	(name in full of Transferor)
	 	 
	hereby sell, assign and transfer unto	 	 
	 
	 	 	 	 	 	 
	 	 	 	 	 
	(name in full of Transferee)
	 	 	 	 
	 
	 	 	 	 	 	 
	 	 	 	 	 
	 
	 	 	 	 	 	 
	 	 	 	 	 
	(address)
	 	 	 	 





common shares represented by the within Certificate, and does hereby constitute and appoint



Attorney to transfer the said shares registered on the register of members of the within named
Company with full power of substitution in the premises.




	 	 	 	 	 	 	 
	Dated
	 	 	 	 	 	 
	In the presence of:
	 	 	 	 	 	 
	 

	 	 	 	 

(Transferor)
	 	 
	 
	 	 	 	 	 	 
	 

(witness)

	 	 	 	 	 	 






 









 





Signature(s) Guaranteed:



THE SIGNATURE(S) SHOULD BE GUARANTEED BY AN ELIGIBLE GUARANTOR INSTITUTION (BANKS, STOCKBROKERS,
SAVINGS AND LOAN ASSOCIATIONS AND CREDIT UNIONS WITH MEMBERSHIP IN AN APPROVED SIGNATURE GUARANTEE
MEDALLION PROGRAM), PURSUANT TO S.E.C. RULE 17Ad-15.
§ 12.308 Motions. ( a ) *In general.* An application for a form of relief not otherwise specifically provided for in this subpart E shall be made by a motion, which shall be in writing (unless made on the record during an oral hearing). The motion shall state the relief sought and the basis for the relief and may set forth the authority relied upon. All motions, unless otherwise provided in these rules, shall be directed to the Administrative Law Judge before the initial decision is filed, and to the Commission after the initial decision is filed.
( b ) *Answer to motions.* Any party may serve and file a written response to a motion within ten (10) days after service of the motion upon that party, or within such longer or shorter period as established by this part, or as the Administrative Law Judge or the Commission may direct.
( c ) *Dismissal* — ( 1 ) *By the Administrative Law Judge.* The Administrative Law Judge, acting on their own motion, may, at any time after they have been assigned the case: ( i ) Dismiss the entire proceeding, without prejudice to counterclaims, if they find that none of the matters alleged in the complaint state a claim that is cognizable in reparations; or
( ii ) Order dismissal of any claim, counterclaim, or party from the proceeding if they find that such claim or counterclaim (by itself, or as applied to a party) is not cognizable in reparations.
( 2 ) *Motion for dismissal by a party.* Any party who believes that grounds exist for dismissal of the entire complaint, of any claim therein, of any counterclaim, or of a party from the proceeding, may file a motion for dismissal specifying the claims, counterclaims, or parties to be dismissed and the reasons therefor. Upon consideration of the whole record, the Administrative Law Judge may grant or deny such motion, in whole or in part.
( 3 ) *Content and effect of order of dismissal.* Any order of dismissal entered pursuant to this rule shall contain a brief statement of the findings and conclusions which serve as the basis for the order. An order of dismissal of the entire proceeding pursuant to this rule shall have the effect of an initial decision which may be appealed to the Commission in accordance with the requirements set forth in § 12.401 of these rules.
( d ) *Motions for procedural orders.* Motions for procedural orders, including motions for extensions of time, may be acted on at any time, without awaiting a response thereto. Any party adversely affected by such action may request reconsideration, vacation or modification of such action.
( e ) *Dilatory motions.* Repetitive or numerous motions dealing with the same subject matter shall not be permitted.
[49 FR 6621, Feb. 22, 1984, as amended at 86 FR 64359, Nov. 18, 2021]
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)     February 9, 2015





CNA FINANCIAL CORPORATION(Exact name of registrant as specified in its charter)





Delaware1-582336-6169860(State or other jurisdiction(Commission(IRS Employerof incorporation)File Number)Identification No.)











333 S. Wabash, Chicago, Illinois60604(Address of principal executive offices)(Zip Code)





Registrant's telephone number, including area code     (312) 822-5000





NOT APPLICABLE(Former name or former address, if changed since last report.)


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 ( see General Instruction A.2. below):


[ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)


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


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


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








1


---




ITEM 2.02 RESULTS OF OPERATIONS AND FINANCIAL CONDITION.


On February 9, 2015, the registrant issued a press release and posted on its website ( www.cna.com ) a financial supplement providing information on its results of operations for the fourth quarter and year ended December 31, 2014.  The press release is furnished as Exhibit 99.1 and the financial supplement is furnished as Exhibit 99.2 to this Form 8-K.


The information under Item 2.02 and in Exhibits 99.1 and 99.2 in this Current Report is being furnished and shall not be deemed “filed” for the purpose of Section 18 of the Securities Exchange Act of 1934, as amended, or otherwise subject to the liabilities of that Section.  The information under Item 2.02 and in Exhibits 99.1 and 99.2 in this Current Report shall not be incorporated by reference into any registration statement or other document pursuant to the Securities Act of 1933, as amended.





ITEM 9.01 FINANCIAL STATEMENTS AND EXHIBITS.


(d) Exhibits:


See Exhibit Index.


2


---




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.





CNA Financial Corporation(Registrant)Date:  February 9, 2015By/s/ D. Craig Mense(Signature)D. Craig MenseExecutive Vice President andChief Financial Officer





3


---




EXHIBIT INDEX





Exhibit No.Description99.1CNA Financial Corporation press release, issued February 9, 2015, providing information on the fourth quarter and year ended December 31, 2014 results of operations.99.2CNA Financial Corporation financial supplement, posted on its website February 9, 2015, providing supplemental financial information on the fourth quarter and year ended December 31, 2014.





4
I 

112TH CONGRESS 

1ST SESSION H. R. 3564 

To repeal the requirements under the United States Housing Act of 1937 

for residents of public housing to engage in community service and 

to complete economic self-sufficiency programs. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 6, 2011 

Mr. RANGEL introduced the following bill; which was referred to the 

Committee on Financial Services 

A BILL 

To repeal the requirements under the United States Housing 

Act of 1937 for residents of public housing to engage 

in community service and to complete economic selfsufficiency programs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Public Housing Ten5 ants Respect Act of 2011’’. 


smartinez on DSK6TPTVN1PROD with BILLS
2 

HR 3564 IH 

1 SEC. 2. REPEAL OF PUBLIC HOUSING COMMUNITY SERVICE 

2 AND FAMILY SELF-SUFFICIENCY REQUIRE3 MENTS. 

4 (a) IN GENERAL.—Section 12 of the United States 

5 Housing Act of 1937 (42 U.S.C. 1437j) is amended by 

6 striking subsections (c) through (g). 

7 (b) CONFORMING AMENDMENTS.—The United States 

8 Housing Act of 1937 is amended— 

9 (1) in section 5A(d)(12) (42 U.S.C. 1437c– 

10 1(d)(12))— 

11 (A) in subparagraph (A), by inserting 

12 ‘‘and’’ after the semicolon; 

13 (B) in subparagraph (B), by striking the 

14 semicolon and inserting a period; and 

15 (C) by striking subparagraph (C); 

16 (2) in section 6(l)(1) (42 U.S.C. 1437d(l)(1)), 

17 by striking ‘‘except for noncompliance’’ and all that 

18 follows through ‘‘based on such noncompliance’’; and 

19 (3) in section 9(e)(1)(H) (42 U.S.C. 

20 1437g(e)(1)(H)), by striking ‘‘a public housing work 

21 program under section 12’’ and inserting ‘‘any pro22 gram that provides work for residents of public 

23 housing’’. 

Æ 


smartinez on DSK6TPTVN1PROD with BILLS
EXHIBIT 99(b).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 Annual Report of Prime Holdings and Investments,
Inc. (the "Company") on Form 10-KSB for the fiscal year ending December 31, 2002
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, John Visendi, the Chief Financial Officer and Treasurer of the
Company, certify, pursuant to 18 U.S.C. ss. 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 result of operations of the Company.

April 15, 2003

                                           /s/ JOHN VISENDI

                                           John Visendi,
                                           Chief Executive Officer and Treasurer


         A signed original of this written statement required by Section 906 has
been provided to Prime Holdings and Investments, Inc. and will be retained by
Prime Holdings and Investments, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
### §10102. Separability

If any provision of this chapter, or the application of such provision to any person or circumstance, is held invalid, the remainder of this chapter, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.

(Pub. L. 97–425, §3, Jan. 7, 1983, 96 Stat. 2205.)
<PAGE>

                                  EXHIBIT 99(a)

IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA COASTAL PETROLEUM COMPANY,

        Appellant,

v.                                                       CASE NO. 1D98-1998

FLORIDA  WILDLIFE  FEDERATION,
INC.;   SIERRA  CLUB,   FLORIDA
CHAPTER;    FLORIDA    AUDUBON
SOCIETY,   INC.;   ROBERT   A
BUTTERWORTH, ATTORNEY GENERAL;
ST. GEORGE ISLAND CIVIC CLUB;
and DEPARTMENT OF ENVIRONMENTAL
PROTECTION,

        Appellees.
-------------------------------/

Opinion filed June 26, 2000.

An appeal from an order of the Division of Administrative Hearings.

John K. Aurell of Ausley & McMullen, Tallahassee, Susan W. Fox of
Macfarlane, Ferguson & McMullen, Tampa, and Robert J. Angerer and
Robert J. Angerer,  Jr. of Angerer & Angerer,  Tallahassee,  for
Appellant

David  G.  Guest  and  S.  Ansley  Samson,   Earthjustice  Legal  Defense  Fund,
Tallahassee,  for appellees  Florida  Wildlife  Federation,  Inc.,  Sierra Club,
Florida Chapter, and Florida Audubon Society,  Inc.; Maureen M. Malvern,  Senior
Assistant  General  Counsel,  and Andrew J. Baumann,  Senior  Assistant  General
Counsel,  Office of General Counsel, and Jonathan A. Glogau,  Assistant Attorney
General,  for appellee  Department of  Environmental  Protection;  and Monica K.
Reimer,  Assistant  Attorney  General,   Tallahassee,  for  appellee  Robert  A.
Butterworth, Attorney General.

        ON MOTIONS FOR REHEARING, CLARIFICATION OR CERTIFICATION

PER CURIAM.
<PAGE>
Whether DEP's denial of the permit  constitutes a taking for which  compensation
is due is not before us, and we decline to comment on the merits of that  issue,
leaving  it to be  resolved  in the  circuit  court.  Tampa-Hillsborough  County
Expressway Authority. v A.G.W.S.  Corporation, 640 So. 2d 54 (Fla. 1994); State,
Department of Environmental  Protection v. Burgess, 667 So. 2d 267 (Fla. 1st DCA
1995).

        Except as discussed herein, all motions are denied.

BARFIELD, C.J., BOOTH and WOLF, JJ., CONCUR.