alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Eric GRANT, Plaintiff-Appellant, v. Douglas R. BAETZ; Glenn M. Gallant; Does 1-100, Defendants-Appellees.

No. 05-55936.

United States Court of Appeals, Ninth Circuit.

Submitted March 9, 2007.*

Filed March 14, 2007.

Darren J. Quinn, Esq., Del Mar, CA, Thomas D. Mauriello, Esq., Law Offices of Thomas D. Mauriello, San Francisco, CA, for Plaintiff-Appellant.

Ernest A. Martz, Esq., Torrance, CA, Daniel Eckstein, Law Offices of Daniel N. Eckstein, Judith A. Jarvis, Esq., Law Offices of Judith A. Jarvis, P.A., Fort Laud-erdale, FL, for Defendants-Appellees.

Glenn M. Gallant, Fort Lauderdale, FL, pro se.

Before: GOODWIN, BEEZER, and TALLMAN, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Eric Grant appeals the district court’s orders granting defendants’ motion for judgment on the pleadings as to his securi*472ties claims and denying plaintiffs motion to alter, amend, or vacate the judgment and motion for leave to file an amended complaint. For the reasons stated in the Memorandum Disposition disposing of the related case of *Plestina v. Baetz,*— Fed. Appx.—(9th Cir.2007), we affirm.

Grant failed to move to amend under Rule 15(a), in compliance with local rules, until after judgment had been entered,1 at which point the district court lacked the authority to review a Rule 15(a) motion unless the court reopened the judgment pursuant to Rule 59(e). *See Weeks v. Bayer,*246 F.3d 1231, 1236 (9th Cir.2001); *Lindauer v. Rogers,*91 F.3d 1355, 1357 (9th Cir.1996). The district court did not abuse its discretion in denying plaintiffs Rule 59(e) motion. *See Zimmerman v. City of Oakland,*255 F.3d 734, 737 (9th Cir.2001). To permit Grant to amend the complaint post-judgment — in light of his four-year pattern of dilatory tactics and failure to move to amend his complaint prior to entry of judgment — would defeat Rule 59’s limitations on reopening judgments. *Weeks,*246 F.3d at 1236.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

1

. Grant unsuccessfully moved to amend the complaint in April 2001, about a month after the court-ordered deadline for doing so. The district court’s 2001 order denying leave to amend is not before us on this appeal.
124 STAT. 2900 PUBLIC LAW 111–277—OCT. 13, 2010 

LEGISLATIVE HISTORY—H.R. 5341: 

CONGRESSIONAL RECORD, Vol. 156 (2010): 

July 20, 22, considered and passed House. 

Sept. 29, considered and passed Senate. 

Æ 

Public Law 111–277 

111th Congress 

An Act 

To designate the facility of the United States Postal Service located at 100 Orndorf 

Drive in Brighton, Michigan, as the ‘‘Joyce Rogers Post Office Building’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. JOYCE ROGERS POST OFFICE BUILDING. 

(a) DESIGNATION.—The facility of the United States Postal 

Service located at 100 Orndorf Drive in Brighton, Michigan, shall 

be known and designated as the ‘‘Joyce Rogers Post Office Building’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Joyce Rogers Post Office Building’’. 

Approved October 13, 2010. 

Oct. 13, 2010 

[H.R. 5341] 


anorris on DSK5R6SHH1PROD with PUBLIC LAWS
#### § 18.8 Institution of proceeding.

Whenever the Director General determines that there is sufficient reason to believe that any former officer or employee of the Department has violated 18 U.S.C. 207(a), (b) or (c), he/she may institute an administrative disciplinary proceeding. The proceeding may be for that person's suspension from practice before the Department or for some lesser penalty. The proceeding shall be instituted by a complaint which names the respondent and is signed by the Director General and filed in his/her office. Except in cases of willfulness, or where time, the nature of the proceeding, or the public interest does not permit, a proceeding will not be instituted under this section until facts or conduct which may warrant such action have been called to the attention of the proposed respondent in writing and he/she has been accorded the opportunity to provide his/her position on the matter.
#### The People of the State of New York, Respondent, v Wade O’Neal, Appellant.

Judgment, Supreme Court, New York County, rendered on September 16, 1975, unanimously affirmed. Application by appellant’s counsel to withdraw as counsel granted (see *Anders v California,*386 US 738; *People v Saunders,*52 AD2d 833). No opinion. Concur—Kupferman, J. P., Lupiano, Markewich and Yesawich, JJ.
### §3796hh–3. Transferred

#### **Editorial Notes**

#### Codification

Section 3796hh–3 was editorially reclassified as section 10464 of Title 34, Crime Control and Law Enforcement.
### §3058. Establishment

The Assistant Secretary, acting through the Administration, shall establish and carry out a program for making allotments to States to pay for the cost of carrying out vulnerable elder rights protection activities.

(Pub. L. 89–73, title VII, §701, as added Pub. L. 102–375, title VII, §701, Sept. 30, 1992, 106 Stat. 1271; amended Pub. L. 103–171, §3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 3058, Pub. L. 89–73, title VII, §702, as added Pub. L. 98–459, title VII, §701, Oct. 9, 1984, 98 Stat. 1788, related to Congressional declaration of findings, prior to repeal by Pub. L. 100–175, title I, §181, title VII, §701(a), (b), Nov. 29, 1987, 101 Stat. 964, 983, effective Oct. 1, 1987, with certain exceptions.

A prior section 701 of title VII of Pub. L. 89–73, as added by Pub. L. 98–459, title VII, §701, Oct. 9, 1984, 98 Stat. 1788, provided that this subchapter be cited as the "Older Americans Personal Health Education and Training Act", prior to repeal by Pub. L. 100–175, title I, §181, title VII, §701(a), (b), Nov. 29, 1987, 101 Stat. 964, 983, effective Oct. 1, 1987, with certain exceptions.

Another prior section 701 of Pub. L. 89–73 was classified to section 3045 of this title prior to repeal by Pub. L. 95–478.

#### Amendments

1993—Pub. L. 103–171 substituted "Assistant Secretary" for "Commissioner".

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

#### Effective Date

Section inapplicable with respect to fiscal year 1993, see section 4(b) of Pub. L. 103–171, set out as an Effective Date of 1992 Amendment note under section 3001 of this title.

Section inapplicable with respect to fiscal year 1992, see section 905(b)(6) of Pub. L. 102–375, set out as an Effective Date of 1992 Amendment note under section 3001 of this title.
United States District Court

For the Northern District of California

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United States District Court

For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

JOHN BROSNAN,

Plaintiff,

 v.

DEUTSCHE BANK NATIONAL TRUST CO, et

al.,

Defendants.

 /

No. C 08-4049 SI

JUDGMENT

All claims and all defendants, except defendant Paul Winders, are dismissed. Judgment by

default is hereby entered in favor of plaintiff and against defendant Winders, in the amount of zero

dollars.

IT IS SO ORDERED AND ADJUDGED.

Dated: February 26, 2010 

SUSAN ILLSTON

United States District Judge

Case 3:08-cv-04049-SI Document 79 Filed 02/26/10 Page 1 of 1
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Interior

###### Bureau of Land Management

          - [OR-030-1020-PG; G 05-0036]

# AGENCY:

Bureau of Land Management (BLM), Vale District, Interior.

# ACTION:

Teleconference meeting notice for the John Day/Snake Resource Advisory Council.

# SUMMARY:

The John Day/Snake Resource Advisory Council (JDSRAC) will conduct a public meeting by teleconference on Wednesday, January 12, 2005, from 7 to 9 p.m. Pacific Time. The meeting is open to the public; however, teleconference lines are limited. Please call or contact Peggy Diegan at the Vale District Office, 100 Oregon Street, Vale, OR 97918, (541) 473-3144, to obtain the dial-in number. During the teleconference, the JDSRAC will come to consensus on comments on the Blue Mountain Forest Plan Revision draft vision document.

# FOR FURTHER INFORMATION CONTACT:

                        Any member of the public wishing further information concerning the meeting or who wishes to submit oral or written comments should contact Debbie Lyons at the above address (541) 473-6218 or e-mail                         *Debra_Lyons@or.blm.gov.*                         Comments must be in writing to Debbie Lyons by January 4, 2005. For teleconference call meetings, opportunities for oral comment will be limited to no more than five minutes per speaker and no more than fifteen minutes total.                    

Dated: December 13, 2004.

Larry Frazier,

Associate District Manager.

[FR Doc. 04-27699 Filed 12-17-04; 8:45 am]

BILLING CODE 4310-33-P
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Defense

###### Department of the Army

# AGENCY:

Department of the Army, DoD.

# ACTION:

Notice. 

# SUMMARY:

Notice is given of the names of members of a Performance Review Board for the Department of the Army.

# DATES:

*Effective Date:*                         December 11, 2004.                    

# FOR FURTHER INFORMATION CONTACT:

Marilyn Ervin, U.S. Army Senior Executive Service Office, Assistant Secretary of the Army, Manpower & Reserve Affairs, 111 Army, Washington, DC 20301-0111.

# SUPPLEMENTARY INFORMATION:

Section 4314(c)(1) through (5) of Title 5, U.S.C., requires each agency to establish, in accordance with regulations, one or more Senior Executive Service performance review boards. The boards shall review and evaluate the initial appraisal of senior executives' performance by supervisors and make recommendations to the appointing authority or rating official relative to the performance of these executives.

The members of the Performance Review Board for the U.S. Army Corps of Engineers are:

1. MG Robert Griffin (Chair), Deputy Commanding General.

2. Dr. James Houston, Director, Engineer Research and Development Center.

3. BG Robert Crear, Commander, Mississippi Valley Division.

4. MG Don Riley, Director, Directorate of Civil Works.

5. Mr. Dwight Beranek, Deputy Director, Directorate of Military Programs.

6. Dr. Susan Duncan, Director of Human Resources.

7. Mr. Stephen Browning, Programs Director, South Pacific Division.

                    8. Mr. Frank Oliva, Regional Business Director, Pacific Ocean Division.                          ( print page 72184)    

9. Ms. Kristine Allaman, Director, Strategy and Integration Directorate.

Brenda S. Bowen,

Army Federal Register Liaison Officer.

[FR Doc. 04-27269  Filed 12-10-04; 8:45 am]

BILLING CODE 3710-08-M
§ 51.7 Passport property of the U.S. Government. ( a ) A passport at all times remains the property of the United States and must be returned to the U.S. Government upon demand.
( b ) Law enforcement authorities who take possession of a passport for use in an investigation or prosecution must return the passport to the Department on completion of the investigation and/or prosecution.
[Federal Register Volume 69, Number 237 (Friday, December 10, 2004)]
[Notices]
[Pages 71793-71797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27127]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[Transmittal No. 05-06]


36(b)(1) Arms Sales Notification

AGENCY: Department of Defense, Defense Security cooperation Agency.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Department of Defense is publishing the unclassified text of a 
section 36(b)(1) arms sales notification. This is published to fulfill 
the requirements of section 155 of Public Law 104-164 dated 21 July 
1996.

FOR FURTHER INFORMATION CONTACT: Ms. J. Hurd, DSCA/OPS-ADMIN, (703) 
604-6575.
    The following is a copy of a letter to the Speaker of the House of 
Representatives, Transmittal 05-06 with attached transmittal, policy 
justification, and Sensitivity of Technology.

    Dated: December 6, 2004.
Jeannette Owings-Ballard,
OSD Federal Register Liaison Officer Department of Defense.
BILLING CODE 5001-06-M

[[Page 71794]]

[GRAPHIC] [TIFF OMITTED] TN10DE04.074


[[Page 71795]]


[GRAPHIC] [TIFF OMITTED] TN10DE04.075


[[Page 71796]]


[GRAPHIC] [TIFF OMITTED] TN10DE04.076


[[Page 71797]]


[GRAPHIC] [TIFF OMITTED] TN10DE04.077

[FR Doc. 04-27127 Filed 12-9-04; 8:45 am]
BILLING CODE 5001-06-C
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USA MOTION TO VACATE DATE & PROP. ORDER

CR 08-0025 WHA

JOSEPH P. RUSSONIELLO (CABN 44332)

United States Attorney

BRIAN J. STRETCH (CABN 163973)

Chief, Criminal Division

OWEN P. MARTIKAN (CABN 177104)

Assistant United States Attorney

450 Golden Gate Ave., Box 36055

San Francisco, California 94102

Telephone: (415) 436-7200

Fax: (415) 436-7234

E-Mail: owen.martikan@usdoj.gov

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION 

UNITED STATES OF AMERICA,

Plaintiff,

v.

REMSEN McGINNIS BENEDICT,

Defendant. 

)

)

)

)

)

)

)

)

)

)

No. CR 08-0025 WHA

THE UNITED STATES’ MOTION TO

VACATE HEARING AND ISSUE

JUDGMENT AND [PROPOSED]

ORDER

The United States respectfully asks the Court to vacate the restitution hearing currently

set for Tuesday, May 4, 2010, and to issue the judgment and commitment order forthwith. The

United States does not intend to seek any further relief in this matter.

DATED: April 28, 2010 Respectfully submitted,

JOSEPH P. RUSSONIELLO

United States Attorney

/s/ ________________________________

OWEN P. MARTIKAN

Assistant United States Attorney

Case 3:08-cr-00025-WHA Document 76 Filed 04/28/10 Page 1 of 2
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USA MOTION TO VACATE DATE & PROP. ORDER

CR 08-0025 WHA

[PROPOSED] ORDER

The Court GRANTS the United States’ motion and hereby vacates the previously set

restitution hearing and associated briefing schedule. The Clerk shall issue the judgment

forthwith.

SO ORDERED.

________________________________

HON. WILLIAM H. ALSUP

UNITED STATES DISTRICT JUDGE 

April 28, 2010.

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge William Alsup

Case 3:08-cr-00025-WHA Document 76 Filed 04/28/10 Page 2 of 2
[Federal Register Volume 69, Number 241 (Thursday, December 16, 2004)]
[Notices]
[Page 75330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27495]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Heatlh


National Institute of Allergy and Infectious Diseases; Notice of 
Meeting

    Pursuant to section 10(a) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of a meeting of 
the AIDS Research Advisory Committee, NIAID.
    The meeting will be open to the public, with attendance limited to 
space available. Individuals who plan to attend and need special 
assistance, such as sign language intepretation or other reasonable 
accomodations, should notify the Contact Person listed below in advance 
of the meeting.

    Name of Committee: AIDS Research Advisory Committee, NIAID.
    Date: January 24, 2005.
    Time: 1 p.m. to 4:30 p.m.
    Agenda: Program advisory discussions and presentations.
    Place: National Institutes of Health, Natcher Building, 45 
Center Drive, Conference Room E1/E2, Bethesda, MD 20892.
    Contact Person: Rona L. Siskind, Executive Secretary, AIDS 
Research Advisory Committee, Division of AIDS, NIAID/NIH, 6700B 
Rockledge Drive, Room 4139, Bethesda, MD 20892-7601. (301) 435-3732.
    Any interested person may file written comments with the 
committee by forwarding the statement to the Contact Person listed 
on this notice. The statement should include the name, address, 
telephone number and when applicable, the business or professional 
affiliation of the interested person.
    In the interest of security, NIH has instituted stringent 
procedures for entrance into the building by non-government 
employees. Persons without a government I.D. will need to show a 
photo I.D. and sign-in at the security desk upon entering the 
building.


(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS.)

    Dated: December 9, 2004.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 04-27495 Filed 12-15-04; 8:45 am]
BILLING CODE 4140-01-M
O rder filed May 7 , 201 5



### In The 

# Eleventh Court of Appeals

______ _ ____



### No. 11

- 1 4

- 00 198

- CR

______ _ ____



### RONALD EDGAR LEE, JR. , Appellant

V.

THE S TATE OF TEXAS , Appellee

On Appeal from the 104th District Court

Ta ylor County, Texas

Tri al Court Cause No. 1 9309B

O R D E R

T his appeal ha s be come unduly stalled due to the failure of A ppellant’s

appoint ed counsel, Paul W. Hanneman

, to file an appellate brief

. T he brief was

originally due on December 1 , 201 4

. This court has previously granted two

extension s of time to file Appellant’s brief , and Hanneman has now filed a third

motion for extension. Today, we grant that motion in part and extend the deadline

in which to file Appellant’s brief to June 15, 2015

.2

By this order, Paul W. Hanneman i s ORDERED to file in this court a brief

on behalf of A ppellant on or before Monday

, June 15 , 201 5

. At that time,

Appellant’s brief shall have already been e

- filed or be present in the portal for the

Eleventh Court of Appeals through eFileTexas.gov

.

PER CURIAM

May 7

, 201 5

Do not publish. See T EX

. R. A PP

. P. 47.2(b).

Panel consists of: Wright, C.J.,

Willson , J. , and Bailey, J.
#### Larmicia Wood et al., Appellants, v. United Air Lines, Inc., Respondent, et al., Defendant.

Motion by appellants for leave to appeal to the Court of Appeals, denied. Beldock, P. J., Kleinfeld, Christ, Brennan and Hopkins, JJ., concur.
§ 309.10 Review requirements. ( a ) For purposes of this section, whenever Peace Corps is required to afford a debtor a review within the agency, Peace Corps shall provide the debtor with an opportunity for an internal review of the existence or the amount of the debt. For offset of current Federal salary under 5 U.S.C. 5514 for certain debts, debtors may also request an outside hearing. (See subpart C of this part)
( b ) Any request for a review must be in writing to the contact office by the payment due date stated in the initial notice sent under § 309.9(b) or other applicable provision. The debtor's request shall state the basis for the dispute and include any relevant documentation in support. ( 1 ) Peace Corps will provide for an internal review of the debt by an appropriate agency official. The review may include examination of documents, internal discussions with relevant officials and discussion by letter or orally with the debtor, at Peace Corps' discretion.
( 2 ) An oral hearing is not required when, in Peace Corps' determination, the matter can be decided on the documentary record. Peace Corps will provide a “paper hearing”, that is, a determination based upon a review of the written record unless Peace Corps makes a determination that a debt involves issues of credibility or veracity, at which point an oral hearing may be required. Unless otherwise required by law, such oral hearing shall not be a formal evidentiary hearing.
United States District Court

For the Northern District of California

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United States District Court

For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

VECTREN COMMUNICATIONS SERVICES,

Plaintiff,

 v.

CITY OF ALAMEDA,

Defendant. /

No. C 08-3137 SI

ORDER EXCLUDING AUGUST 17, 1999

CITY COUNCIL MEETING VIDEO

The Court has reviewed the parties’ briefs about the admissibility of a video that the City wishes

to introduce as part of its case. The video consists of approximately 25 minutes of excerpts from a 2.5

hour video recording of an August 17, 1999 Alameda City Council meeting. 

The Court concludes that the proffered video should be excluded under F.R.E. 403. AP&T

witness Bill Garvine has already testified at length about the August 17, 1999 City Council meeting, and

thus the video excerpts would be needlessly cumulative. Given Mr. Garvine’s testimony, the probative

value of the video is minimal, particularly because the video relates to matters that occurred several

years before the contracts at issue were executed. The Court also finds that the introduction of the video

would be prejudicial in that the disc was only first provided to plaintiff on February 17, 2010, more than

a week after the start of trial, and the City did not disclose the speakers on the video clips at any point

during the discovery period. 

IT IS SO ORDERED.

Dated: February 25, 2010 SUSAN ILLSTON

United States District Judge

Case 3:08-cv-03137-SI Document 186 Filed 02/25/10 Page 1 of 1
(September 22, 1960)

Concur — Botein, P. J., Breitel, Rabin. Valente and McNally, J.T.

#### In the Matter of the Estate of Harry Pasialis, Deceased. Paul Anayannis, Appellant; Public Administrator of the County of New York, as Administrator, et al., Respondents.

Motion to dismiss appeal granted, with *930$10 costs, unless the appellant procures the record on appeal and appellant’s points to be served and filed on or before October 4, 1960, with notice of argument for the November 1960 Term of this court, said appeal to be argued or submitted when reached.