alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               JUN-30-1997
<CASH>                                            2396
<SECURITIES>                                         0
<RECEIVABLES>                                    20582
<ALLOWANCES>                                         0
<INVENTORY>                                       4382
<CURRENT-ASSETS>                                   164
<PP&E>                                            2830
<DEPRECIATION>                                  (1313)
<TOTAL-ASSETS>                                   29765
<CURRENT-LIABILITIES>                            24716
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         07
<COMMON>                                            27
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                     29765
<SALES>                                          58831
<TOTAL-REVENUES>                                 58831
<CGS>                                            50073
<TOTAL-COSTS>                                    50073
<OTHER-EXPENSES>                                  6974
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 597
<INCOME-PRETAX>                                   1187
<INCOME-TAX>                                       465
<INCOME-CONTINUING>                                722
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       722
<EPS-PRIMARY>                                      .27
<EPS-DILUTED>                                      .27
        
     

</TABLE>
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), so we deny petitioner’s

request for oral argument.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

PUSHPAMALAR

SATCHITHANANTHAN,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 11-70845

Agency No. A079-784-814

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted February 11, 2013** 

Before: FERNANDEZ, TASHIMA, and WARDLAW, Circuit Judges. 

Pushpamalar Satchithananthan, a native and citizen of Sri Lanka, petitions

for review of the Board of Immigration Appeals (“BIA”) order denying her motion

to reopen removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We

FILED

FEB 14 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-70845

review for abuse of discretion the BIA’s denial of a motion to reopen, Najmabadi

v. Holder, 597 F.3d 983, 986 (9th Cir. 2010), and we deny the petition for review.

The BIA did not abuse its discretion in denying Satchithananthan’s second

untimely motion to reopen because the information in the INS letter to the Sri

Lankan government was not new and Satchithananthan otherwise failed to present

material evidence of changed circumstances in Sri Lanka to qualify for the

regulatory exception to the time and number limitations for filing a motion to

reopen. See 8 C.F.R. §§ 1003.2(c); Najmabadi, 597 F.3d at 987-89 (“in order for

evidence to be ‘material,’ ‘not available,’ and not able to have ‘been discovered or

presented at the previous hearing,’ it must be ‘qualitatively different’ from the

evidence presented at the previous hearing”) (internal citation omitted).

We reject Satchithananthan’s various contentions regarding the BIA’s

review of her breach of confidentiality claim under 8 C.F.R. § 208.6. 

Finally, we deny as unnecessary Satchithananthan’s motion to supplement

the opening brief. 

PETITION FOR REVIEW DENIED.
### §2000bb–4. Establishment clause unaffected

Nothing in this chapter shall be construed to affect, interpret, or in any way address that portion of the First Amendment prohibiting laws respecting the establishment of religion (referred to in this section as the "Establishment Clause"). Granting government funding, benefits, or exemptions, to the extent permissible under the Establishment Clause, shall not constitute a violation of this chapter. As used in this section, the term "granting", used with respect to government funding, benefits, or exemptions, does not include the denial of government funding, benefits, or exemptions.

(Pub. L. 103–141, §7, Nov. 16, 1993, 107 Stat. 1489.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in text, was in the original "this Act", meaning Pub. L. 103–141, Nov. 16, 1993, 107 Stat. 1488, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 2000bb of this title and Tables.
§ 146.110 Remedial and affirmative action and self-evaluation. ( a ) *Remedial action.* If the designated agency official finds that a recipient has discriminated against persons on the basis of sex in an education program or activity, such recipient shall take such remedial action as the designated agency official deems necessary to overcome the effects of such discrimination.
( b ) *Affirmative action.* In the absence of a finding of discrimination on the basis of sex in an education program or activity, a recipient may take affirmative action consistent with law to overcome the effects of conditions that resulted in limited participation therein by persons of a particular sex. Nothing in these Title IX regulations shall be interpreted to alter any affirmative action obligations that a recipient may have under Executive Order 11246, 3 CFR, 1964-1965 Comp., p. 339; as amended by Executive Order 11375, 3 CFR, 1966-1970 Comp., p. 684; as amended by Executive Order 11478, 3 CFR, 1966-1970 Comp., p. 803; as amended by Executive Order 12086, 3 CFR, 1978 Comp., p. 230; as amended by Executive Order 12107, 3 CFR, 1978 Comp., p. 264.
( c ) *Self-evaluation.* Each recipient education institution shall, within one year of September 29, 2000: ( 1 ) Evaluate, in terms of the requirements of these Title IX regulations, its current policies and practices and the effects thereof concerning admission of students, treatment of students, and employment of both academic and non-academic personnel working in connection with the recipient's education program or activity;
( 2 ) Modify any of these policies and practices that do not or may not meet the requirements of these Title IX regulations; and
( 3 ) Take appropriate remedial steps to eliminate the effects of any discrimination that resulted or may have resulted from adherence to these policies and practices.
( d ) *Availability of self-evaluation and related materials.* Recipients shall maintain on file for at least three years following completion of the evaluation required under paragraph (c) of this section, and shall provide to the designated agency official upon request, a description of any modifications made pursuant to paragraph (c)(2) of this section and of any remedial steps taken pursuant to paragraph (c)(3) of this section.
###### Editorial Note on Part 240

#### Editorial Note:

Nomenclature changes to part 240 appear at 57 FR 36501, Aug. 13, 1992, and 57 FR 47409, Oct. 16, 1992.

#### § 240.21F-1 General.

Section 21F of the Securities Exchange Act of 1934 (“Exchange Act”) (15 U.S.C. 78u-6), entitled “Securities Whistleblower Incentives and Protection,” requires the Securities and Exchange Commission (“Commission”) to pay awards, subject to certain limitations and conditions, to whistleblowers who provide the Commission with original information about violations of the Federal securities laws. These rules describe the whistleblower program that the Commission has established to implement the provisions of Section 21F, and explain the procedures you will need to follow in order to be eligible for an award. You should read these procedures carefully because the failure to take certain required steps within the time frames described in these rules may disqualify you from receiving an award for which you otherwise may be eligible. Unless expressly provided for in these rules, no person is authorized to make any offer or promise, or otherwise to bind the Commission with respect to the payment of any award or the amount thereof. The Securities and Exchange Commission's Office of the Whistleblower administers our whistleblower program. Questions about the program or these rules should be directed to the SEC Office of the Whistleblower, 100 F Street, NE., Washington, DC 20549-5631.
#### § 146.600 Notice of covered programs.

Within 60 days of September 29, 2000, each Federal agency that awards Federal financial assistance shall publish in the Federal Register a notice of the programs covered by these Title IX regulations. Each such Federal agency shall periodically republish the notice of covered programs to reflect changes in covered programs. Copies of this notice also shall be made available upon request to the Federal agency's office that enforces Title IX.
#### In the Matter of Oshea L. and Others, Infants. Onondaga County Department of Social Services, Respondent; Pamela K., Appellant.

(Appeal No. 1.)

[821 NYS2d 544]

Appeal from an order of the Family Court, Onondaga County (Bryan R. Hedges, J.), entered November 10, 2005 in a proceeding pursuant to Family Court Act article 10. The order, among other things, extended placement of the children.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs. Present — Kehoe, J.P., Gorski, Martoche, Smith and Pine, JJ.
<TABLE> <S> <C>

<ARTICLE>      5
<LEGEND>       THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION
               EXTRACTED FROM THE AMMONIA HOLD, INC. FINANCIAL
               STATEMENTS FOR THE PERIOD ENDED MARCH 31, 1998 AND
               IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
               FINANCIAL STATEMENTS.
<MULTIPLIER>   1
       
<S>                           <C>            
<PERIOD-TYPE>                 9-MOS          
<FISCAL-YEAR-END>                 JUN-30-1998
<PERIOD-START>                     JUL-1-1997
<PERIOD-END>                      MAR-31-1998
<CASH>                              2,671,651     
<SECURITIES>                                0
<RECEIVABLES>                         329,887
<ALLOWANCES>                           14,186
<INVENTORY>                           307,307
<CURRENT-ASSETS>                    3,651,034     
<PP&E>                              1,134,879
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<OTHER-SE>                          9,190,523
<TOTAL-LIABILITY-AND-EQUITY>        5,243,615
<SALES>                               360,236
<TOTAL-REVENUES>                      360,236
<CGS>                                 173,293
<TOTAL-COSTS>                         149,585
<OTHER-EXPENSES>                            0
<LOSS-PROVISION>                            0
<INTEREST-EXPENSE>                          0
<INCOME-PRETAX>                        68,563
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<EXTRAORDINARY>                             0
<CHANGES>                                   0
<NET-INCOME>                           68,563
<EPS-PRIMARY>                            .009
<EPS-DILUTED>                            .009
        

</TABLE>
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     (Replace this text with the legend)
</LEGEND>
<CIK>                         0001020186
<NAME>                        Capital Beverage
<MULTIPLIER>                                   1
<CURRENCY>                                     U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   SEP-30-1998
<EXCHANGE-RATE>                                1
<CASH>                                         2,452,494
<SECURITIES>                                   0
<RECEIVABLES>                                  357,004
<ALLOWANCES>                                   30,000
<INVENTORY>                                    640,674
<CURRENT-ASSETS>                               3,595,319
<PP&E>                                         71,754
<DEPRECIATION>                                 20,300
<TOTAL-ASSETS>                                 4,810,063
<CURRENT-LIABILITIES>                          565,373
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    3,000
<COMMON>                                       2,379
<OTHER-SE>                                     3,662,177
<TOTAL-LIABILITY-AND-EQUITY>                   4,810,063
<SALES>                                        6,967,264
<TOTAL-REVENUES>                               6,967,264
<CGS>                                          6,396,070
<TOTAL-COSTS>                                  6,396,070
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             43,653
<INCOME-PRETAX>                                (672,347)
<INCOME-TAX>                                   9,620
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (681,967)
<EPS-PRIMARY>                                  (0.31)
<EPS-DILUTED>                                  0
        


</TABLE>
<PAGE>

EXHIBIT 32.1

    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 Vaso Active Pharmaceuticals,
Inc. (the "Company") on Form 10-QSB for the six month period ended June 30,
2006, as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Joseph Frattaroli, Acting Chief Executive Officer and Chief
Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350,
as adopted by 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.


August 14, 2007

By: /s/ Joseph Frattaroli
    --------------------------------
Acting Chief Executive Officer (principal executive officer)
Chief Financial Officer (principal financial officer)

This certification is made solely for purpose of 18 U.S.C. Section 1350, subject
to the knowledge standard contained therein, and not for any other purpose.
QuickLinks
 -- Click here to rapidly navigate through this document
  



Exhibit 10.5.2  


 
 

AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT    
    



        THIS AMENDMENT TO THE EXECUTIVE EMPLOYMENT AGREEMENT is made effective as of January 26, 2006 by and between Government Liquidation.Com, LLC., a Delaware limited
liability company (the "Company"), and the undersigned ("Executive"). 


Recitals:



        A.
Executive and the Company entered into an executive employment agreement dated as of May 15, 2001 (the "Executive Employment Agreement"); and 


        B.
Executive and the Company wish to amend the terms of the Executive Employment Agreement in this Agreement. 


Agreement: 


        NOW,
THEREFORE, to induce Executive to continue such Executive's employment with the Company, and in consideration of the agreements contained herein and of such other good and valuable
consideration, the sufficiency of which Executive acknowledges, the Company and Executive,
intending to be legally bound, hereby agree that the Executive Employment Agreement is hereby amended in the following respect: 


        The
following section, entitled "8.7 Code Section 409A Matters," is hereby added to the Executive Employment Agreement: 



        "Anything
in this Agreement to the contrary notwithstanding, if (A) on the date of Executive's "separation from service" (within the meaning of
Section 409A(a)(2)(A)(i) of the Internal Revenue Code of 1986, as amended (the "Code")) with the Company, Executive is a "specified employee" (within the meaning of
Section 409A(a)(2)(B)(i) of the Code) and (B) as a result of such separation from service, Executive would receive any payment under this Agreement that, absent the application of
this Section 8.7, would be subject to the additional tax imposed pursuant to Section 409A(a) of the Code as a result of the application of Section 409A(2)(B)(i) of the
Code, then no such payment shall be payable prior to the date that is the earliest of (1) six months after the Executive's separation from service, (2) the Executive's death or
(3) such other date as will cause such payment not to be subject to such additional tax. Any payments which are required to be delayed as a result of this Section 8.7 shall be
accumulated and paid as a lump-sum on the earliest possible date determined in accordance the preceding sentence." 


        [THIS SPACE INTENTIONALLY LEFT BLANK]


1







 

        IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first written above. 



	

 	
 	
GOVERNMENT LIQUIDATION.COM, LLC
	

 	
 	

By: /s/  WILLIAM P. ANGRICK, III      
 William P. Angrick, III

Title: Chairman and Chief Executive Officer





	
Agreed and Accepted:	
 	

 
	

By:  /s/  BEN BROWN      
	
 	

 
	

 	
 	

 
	

NAME:  Ben Brown
	
 	

 





	
 	
 	

 
	Address:	 	11400 Classical Ln.

Silver Spring, MD 20901




2











QuickLinks


AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT
#### Jenny Marrero, Plaintiff, *v.*Mildred Gluck, Individually and Doing Business under the Name of Dawn Patrol Beauty Shop, Defendant and Third-Party Plaintiff-Appellant. House of Lontay, Inc., et al., Third-Party Defendants-Respondents.

*Per Curiam.*

Plaintiff sued defendant Mildred Gluck for injuries sustained at defendant Gluck’s beauty shop in the application and use of a so-called hair straightening preparation manufactured by third-party defendant, House of Lontay, Inc., and sold to Gluck by third-party defendant, Consolidated Beauty Supply, Inc. After trial in the Municipal Court before the court and jury, the jury returned a verdict in favor of plaintiff against defendant Gluck and in favor of Gluck, as third-party plaintiff, against the third-party defendants, Lontay, Inc., the manufacturer, and Consolidated, the distributor. On appeal by the third-party defendants to the Appellate Term from that portion of the judgment rendered in favor of Gluck against Lontay, Inc., and Consolidated, the Appellate Term by a divided court reversed the portion of the judgment appealed from and dismissed the third-party complaint.

On the state of facts established at the trial without any effective disproof otherwise, the jury was justified in finding a verdict in favor of Gluck against Consolidated, the distributor, for breach of warranty and against Lontay, Inc., the manufacturer, for negligence *(Cahill*v. *Inecto, Inc.,*208 App. Div. 191, 194 [1st Dept., Feb., 1924]). The cases relied on by the majority of the Appellate Term are distinguishable on their facts.

The determination of the Appellate Term should he reversed, with costs in this court and in the Appellate Term, and the judgment of the Municipal Court affirmed.

Peck, P. J., Glennon, Dore, Callahan and Bergan, JJ., concur.

Determination of the Appellate Term unanimously reversed, with costs in this court and in the Appellate Term, and the judgment of the Municipal Court affirmed. Settle order. [See *post,*p. 835.]
Exhibit
32.1





CERTIFICATIONS
OF


CHIEF
EXECUTIVE OFFICER AND TREASURER


PURSUANT
TO 18 U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION
906 OF SARBANES-OXLEY ACT OF 2002








In
connection with the quarterly report on Form 10-Q of Capital Beverage
Corporation (the "Company") for the quarter ended June 30, 2009 (the "Report"),
I, Carmine N. Stella, hereby certify in my capacity as Chief Executive Officer
of the Company, pursuant to 18 U.S.C. Section 1350 as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my
knowledge and belief:





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
      19, 2009
            By:  /s/ Carmine N.
      Stella


Name:  Carmine
N. Stella


Title:
Chief Executive Officer








In
connection with the quarterly report on Form 10-Q of Capital Beverage
Corporation (the "Company") for the quarter ended June 30, 2009 (the "Report"),
I, Carol Russell, hereby certify in my capacity as Treasurer of the Company,
pursuant to 18 U.S.C. Section 1350 as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge and
belief:





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
      19, 2009
            By:   /s/ Carol
  Russell


Name:  Carol
Russell


Title:
Treasurer
#### § 144.101 Purpose.

This part effectuates section 119 of the Rehabilitation, Comprehensive Services, and Developmental Disabilities Amendments of 1978, which amended section 504 of the Rehabilitation Act of 1973 to prohibit discrimination on the basis of handicap in programs or activities conducted by Executive agencies or the United States Postal Service.
Editorial Note on Part 133
Editorial Note: Nomenclature changes to part 133 appear at 68 FR 66582, Nov. 26, 2003.

§ 133.300 What must I do to comply with this part if I am an individual recipient? As a condition of receiving a Department of State award, if you are an individual recipient, you must agree that— ( a ) You will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in conducting any activity related to the award; and
( b ) If you are convicted of a criminal drug offense resulting from a violation occurring during the conduct of any award activity, you will report the conviction: ( 1 ) In writing.
( 2 ) Within 10 calendar days of the conviction.
( 3 ) To the Department of State awarding official or other designee for each award that you currently have, unless § 133.301 or the award document designates a central point for the receipt of the notices. When notice is made to a central point, it must include the identification number(s) of each affected award.
Case 3:08-cv-00119-TEH Document 161 Filed 03/24/10 Page 1 of 2
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

Judge Thelton E. Henderson

24

Case 3:08-cv-00119-TEH Document 161 Filed 03/24/10 Page 2 of 2