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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CHARLES RIDGWAY, et al.,

Plaintiffs,

v.

WAL-MART STORES, INC.,

Defendant.

Case No. 08-cv-05221-SI 

ORDER DENYING DEFENDANT'S 

MOTION FOR RELIEF FROM 

NONDISPOSITIVE PRETRIAL ORDER 

OF MAGISTRATE JUDGE DATED 

MARCH 11, 2016

Re: Dkt. No. 267

Defendant Wal-Mart Stores, Inc., has filed a motion for relief from a nondispositive 

pretrial order of a magistrate judge. Docket No. 267. Defendant seeks disclosure of unredacted 

copies (i.e. with names and addresses) of all survey responses from a 2014 survey that plaintiffs’ 

counsel conducted among class members. On March 11, 2016, Chief Magistrate Judge Joseph C. 

Spero issued an order following a hearing on the discovery dispute. Docket No. 263. Defendant 

then moved for relief pursuant to 28 U.S.C. § 636(b)(1)(A), Federal Rule of Civil Procedure 72(a), 

and Civil Local Rule 72-2. Docket No. 276 at 1-2. 

The Court has reviewed the parties’ papers, the transcript from the March 11, 2016 

hearing, and Judge Spero’s order. The Court finds nothing in the hearing transcript or in Judge 

Spero’s order that is “clearly erroneous or contrary to law.” See 28 U.S.C. § 636(b)(1)(A). 

Moreover, the Court agrees that Judge Spero’s order strikes the appropriate balance between the 

competing interests at stake. Accordingly, the Court DENIES defendant’s motion for relief. 

IT IS SO ORDERED.

Dated: April 18, 2016

______________________________________

SUSAN ILLSTON

United States District Judge

Case 3:08-cv-05221-SI Document 284 Filed 04/18/16 Page 1 of 1
UNITED STATES DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

In the Matter of: AVIATION TECHNICAL SERVICES, INC.

FAA Order No. 2013-6

FDMS No. FAA-2011-06821

Served: September 10, 2013

ORDER DISMISSING APPEAL2

By notice served on September 5, 2013, Respondent Aviation Technical Services, Inc., 

withdrew its Notice of Appeal from the written initial decision issued by Administrative Law 

Judge Richard C. Goodwin on May 17, 2013. Respondent explained that it was withdrawing its 

Notice of Appeal pursuant to a settlement agreement with Complainant.

THEREFORE, IT IS ORDERED THAT: Respondent’s appeal is dismissed.

MICHAEL P. HUERTA, ADMINISTRATOR

Federal Aviation Administration

[Original signed by Vicki S. Leemon]

VICKI S. LEEMON3

Manager, Adjudication Branch

 

1 Generally, materials filed in the FAA Hearing Docket (except for materials filed in security cases or 

materials under seal) are also available for viewing at http://www.regulations.gov. See 14 C.F.R. 

§ 13.210(e)(1).

2 The Administrator’s civil penalty decisions, along with indexes of the decisions, the rules of practice, and 

other information, are available on the Internet at the following address: 

www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/AGC400/

Civil_Penalty. See 14 C.F.R. § 13.210(e)(2). In addition, Thomson Reuters/West publishes Federal 

Aviation Decisions. Finally, the decisions are available through LEXIS (TRANS library) and WestLaw 

(FTRAN-FAA database). For additional information, see the Web site.

3

Issued under authority delegated to the Chief Counsel and the Assistant Chief Counsel for Litigation by 

memorandum dated October 27, 1992, under 49 U.S.C. § 322(b) and 14 C.F.R. § 13.202 (see 57 Fed. 

Reg. 58,280 (1992)) and redelegated by the Assistant Chief Counsel for Litigation to the Manager, 

Adjudication Branch, by Memorandum dated August 6, 1993.
Exhibit 15.1

[Deloitte Touche Tohmatsu CPA Ltd. Letterhead]

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We consent to the incorporation by reference in Hurray! Holding Co., Ltds Registration Statement on Form S-8 (No. 333-125174) of our report
dated June 8, 2007 (which expressed an unqualified opinion and included an explanatory paragraph relating to the change of accounting method for stock-based compensation to conform to statement of Financial Accounting Standard No.123 (revised
2004), Share-Based Payment), relating to the consolidated financial statements of Hurray! Holding Co., Ltd., appearing in and incorporated by reference in the Annual Report on Form 20-F of Hurray! Holding Co., Ltd. for the year ended
2006.



|                                     
|-------------------------------------
|Deloitte Touche Tohmatsu CPA Ltd.    
|                                     
|/s/ Deloitte Touche Tohmatsu CPA Ltd.
|                                     
|Beijing, China                       
|                                     
|June 15, 2007
Exhibit 99.1


                                 CERTIFICATION

I, Jimmy Whang, certify that:

         1.   I have reviewed this annual report on Form 10-K in respect of the
              STRATS(SM) Trust For IBM Corporation Securities, Series 2004-7
              (the "Trust") and all reports on Form 8-K containing distribution
              or servicing reports filed in respect of periods included in the
              year covered by this annual report of the Trust;

         2.   Based on my knowledge, the information in these reports, taken as
              a whole, does not contain any untrue statement of a material fact
              or omit to state a material fact necessary to make the statements
              made, in light of the circumstances under which such statements
              were made, not misleading as of the last day of the period
              covered by this annual report;

         3.   Based on my knowledge, the distribution or servicing information
              required to be provided to the Depositor by the Trustee under the
              trust agreement, for inclusion in these reports is included in
              these reports;

         4.   I am responsible for reviewing the activities performed by the
              Depositor and the Trustee under the trust agreement and based
              upon my knowledge and the annual compliance review required under
              that agreement, and except as disclosed in the reports, the
              Depositor and Trustee have each fulfilled its obligations under
              that agreement; and

         5.   The reports disclose all significant deficiencies relating to the
              compliance by the Trustee and the Depositor with the minimum
              servicing or similar standards based upon the report provided by
              an independent public accountant, after conducting a review in
              compliance with the Uniform Single Attestation Program for
              Mortgage Bankers or similar procedure, as set forth in the trust
              agreement that is included in these reports.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated party: U.S. Bank Trust National
Association, as Trustee.

Date: March 28, 2005

/s/ Jimmy Whang
-------------------
Name:   Jimmy Whang
Title:  Director
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

LEROY BEVANS
, Appellant,

v.

STATE OF FLORIDA

, Appellee

.

No. 4D 18

- 1269

[ February 28, 2019 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County ; Paul L. Backman , Judge; L.T. Case No. 97

- 017753CF10A

.

Leroy Bevans, Milton, pro se.

Ashley B. Moody, Attorney General, Tallahassee, and Kimberly T. Acuña, Assistant Attorney General, West Palm Beach, for appellee.

P ER C URIAM

.

Affirmed

.

W ARNER
, C ONNER and F OR ST , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
### §734. Stationery and blank books for Congress

Upon requisition of the Secretary of the Senate and the Clerk of the House of Representatives, respectively, the Director of the Government Publishing Office shall furnish stationery, blank books, tables, forms, and other necessary papers preparatory to congressional legislation, required for the official use of the Senate and the House of Representatives, or their committees and officers. This does not prevent the purchase by the officers of the Senate and House of Representatives of stationery and blank books necessary for sale to Senators and Members in the stationery rooms of the two Houses as provided by law.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1254; Pub. L. 113–235, div. H, title I, §1301(c)(1), Dec. 16, 2014, 128 Stat. 2537.)

#### Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §146 (Jan. 12, 1895, ch. 23, §2, 28 Stat. 601; Mar. 1, 1907, ch. 2284, §1, 34 Stat. 1013).

#### **Editorial Notes**

#### Amendments

2014—Pub. L. 113–235 substituted "Director of the Government Publishing Office" for "Public Printer".

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

#### Change of Name

Stationery room of House of Representatives redesignated Office Supply Service.

#### Transfer of Functions

Certain functions of Officers of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
### §2905. Establishment of standards for selective retention of records; security measures

(a) The Archivist shall establish standards for the selective retention of records of continuing value, and assist Federal agencies in applying the standards to records in their custody. The Archivist shall notify the head of a Federal agency of any actual, impending, or threatened unlawful removal, defacing, alteration, or destruction of records in the custody of the agency that shall come to the Archivist's attention, and assist the head of the agency in initiating action through the Attorney General for the recovery of records unlawfully removed and for other redress provided by law. In any case in which the head of the agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made.

(b) The Archivist shall assist the Administrator for the Office of Information and Regulatory Affairs in conducting studies and developing standards relating to record retention requirements imposed on the public and on State and local governments by Federal agencies.

(Pub. L. 90–620, Oct. 22, 1968, 82 Stat. 1296; Pub. L. 96–511, §2(c)(2), Dec. 11, 1980, 94 Stat. 2825; Pub. L. 98–497, title I, §107(b)(15)(B), title II, §203(a), Oct. 19, 1984, 98 Stat. 2288, 2294; Pub. L. 113–187, §8(8), Nov. 26, 2014, 128 Stat. 2012.)

#### Historical and Revision Notes

Based on 44 U.S. Code, 1964 ed., §395(b) (June 30, 1949, ch. 288, title V, §505(b), as added Sept. 5, 1950, ch. 849, §6(d), 64 Stat. 583).

#### **Editorial Notes**

#### Amendments

2014—Subsec. (a). Pub. L. 113–187 substituted "The Archivist shall notify" for "He shall notify" and "the Archivist's attention" for "his attention".

1984—Subsec. (a). Pub. L. 98–497, §107(b)(15)(B), substituted "Archivist" for "Administrator of General Services".

Pub. L. 98–497, §203(a), inserted "In any case in which the head of the agency does not initiate an action for such recovery or other redress within a reasonable period of time after being notified of any such unlawful action, the Archivist shall request the Attorney General to initiate such an action, and shall notify the Congress when such a request has been made."

Subsec. (b). Pub. L. 98–497, §107(b)(15)(B), substituted "Archivist" for "Administrator of General Services".

1980—Pub. L. 96–511 designated existing provisions as subsec. (a) and added subsec. (b).

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

#### Effective Date of 1984 Amendment

Amendment by Pub. L. 98–497 effective Apr. 1, 1985, see section 301 of Pub. L. 98–497, set out as a note under section 2102 of this title.

#### Effective Date of 1980 Amendment

Amendment by Pub. L. 96–511 effective on Apr. 1, 1981, see section 5 of Pub. L. 96–511, set out as a note under section 2904 of this title.
| (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:              April 2, 2007 | By:                                                                                                  | /s/              Harvey W. Schiller   |
|                             | Harvey W. Schiller                                                                                             |
|                             | Chairman              of the Board and Chief Executive Officer (Principal              Executive Officer) |

----
#### EDWARDS, Respondent, v. WATERMAN, Appellant.

(Supreme Court, Appellate Division, Second Department.

March 3, 1905.)

Action by Charles E. Edwards against Clara Waterman.

PER CURIAM.

Judgment and order affirm ed, with costs.

HOOKER, J., not voting.
Exhibit 32.1
 Certification of Chief Executive Officer
Pursuant to 18 U.S.C. Section 1350, as
Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
  (i)
    
    the accompanying Annual Report on Form 10-K of the Company for the year ended December
31, 2008 (the Report) fully complies with the requirements of Section 13(a) or Section
15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and(ii)
    
    the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
  By:
    /s/ KIMBERLY K. SCHAEFERKimberly K. SchaeferChief Executive Officer
### §1343. Charter amendment

Within 60 days after October 21, 1986, the Corporation shall amend its Articles of Incorporation to contain the following provision, which provision shall not be subject to amendment or repeal:

"It shall be a fundamental purpose of the Corporation to maintain continued rail service in its service area.".

(Pub. L. 99–509, title IV, §4035, Oct. 21, 1986, 100 Stat. 1909.)
Gretchen L. Lowe, DC Bar No. 421995 1 glowe@cftc.gov

Luke Marsh, DC Bar No. 475635 2 lmarsh@cftc.gov

Toye Olarinde, VA Bar No. 43075 3

aolarinde@cftc.gov

4 Commodity Futures Trading Commission 

1155 21st St. N.W. 

5 Washington, D.C. 20581 

Telephone (202) 418-5322 6 Facsimile (202) 418-5531 

7 Attorneys for Plaintiff Commodity Futures Trading Commission

8

UNITED STATES DISTRICT COURT 

9 NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

10 _______________________________________

UNITED STATES COMMODITY FUTURES 

TRADING COMMISSION, 

Plaintiff,

vs.

SNC ASSET MANAGEMENT, INC., 

formerly Son and Company, Inc., SNC 

INVESTMENTS, INC., PETER SON AND 

JIN K. CHUNG,

Defendants,

and

ANN LEE,

 Relief Defendant. 

________________________________________

)

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Case No. CV 09-2555MMC 

(proposed) ORDER GRANTING 

PLAINTIFF’S APPLICATION FOR 

TELEPHONIC CASE MANAGEMENT 

CONFERENCE

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28 (proposed) Order Granting Plaintiff’s Application Case No. CV 09-2555MMC 

 For Telephonic Case Management Conference 

Case 3:09-cv-02554-MMC Document 48 Filed 01/19/10 Page 1 of 2
(proposed) Order Granting Plaintiff’s Application Case No. CV 09-2555MMC 

For Telephonic Case Management Conference 

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Before the Court is Plaintiff Commodity Futures Trading Commission’s (“Commission”) 

Stipulation and Application For Telephonic Case Management Conference. 

The Commission requests that the Case Management Conference currently set for 

January 22, 2010 at 10:30 am be conducted by telephone. 

The parties have agreed and submitted a stipulation that a telephonic conference call is in 

the best interest of the parties. 

Upon consideration of the Stipulation and Application for Telephonic Case Management 

Conference the Court hereby GRANTS the Commission’s request. The Case Management 

Conference will be conducted by telephone on January 22, 2010 at 10:30 am (PDT). 

IT IS SO ORDERED. 

Dated: January ____, 2010 

 __________________________________ 

MAXINE M. CHESNEY 

United States District Judge 

19

in the instant case and in SEC v. Son, Case No. 09-2554

^

Case 3:09-cv-02554-MMC Document 48 Filed 01/19/10 Page 2 of 2
### §315r. Rental payments in advance in case of withdrawal of lands for war or national defense purposes

In administering the provisions of section 315q of this title, payments of rentals may be made in advance.

(Oct. 29, 1949, ch. 787, title III, §301, 63 Stat. 996.)

#### **Editorial Notes**

#### Codification

Section was not enacted as a part of act June 28, 1934, known as the Taylor Grazing Act, which comprises this subchapter.
EXHIBIT 32

     CERTIFICATE 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  Forsyth  Bancshares, Inc. (the
"Company")  on  Form  10-QSB for the period ending March 31, 2004, as filed with
the  Securities  and  Exchange  Commission on the date hereof (the "Report"), I,
Timothy  M.  Perry,  Chief  Executive  Officer of the Company, and I, Timothy D.
Foreman,  Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C.
Sec.  1350,  as  adopted pursuant to Sec. 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.



                                   /s/ Timothy M. Perry
                                   --------------------------------------------
                                   Timothy M. Perry, President and C.E.O.
                                   (Principal Executive Officer)



                                   /s/ Timothy D. Foreman
                                   --------------------------------------------
                                   Timothy D. Foreman, C.F.O.
                                   (Principal Financial and Accounting Officer)


May 11, 2004


                                       22
<PAGE>
#### § 203.501 Loss mitigation.

Mortgagees must consider the comparative effects of their elective servicing actions, and must take those appropriate actions which can reasonably be expected to generate the smallest financial loss to the Department. Such actions include, but are not limited to, deeds in lieu of foreclosure under § 203.357, pre-foreclosure sales under § 203.370, partial claims under § 203.414, assumptions under § 203.512, special forbearance under §§ 203.471 and 203.614, and recasting of mortgages under § 203.616. HUD may prescribe conditions and requirements for the appropriate use of these loss mitigation actions, concerning such matters as owner-occupancy, extent of previous defaults, prior use of loss mitigation, and evaluation of the mortgagor's income, credit and property.

[59 FR 50145, Sept. 30, 1994, as amended at 61 FR 35019, July 3, 1996]
### §6004. Repealed. Pub. L. 103–230, title I, §106, Apr. 6, 1994, 108 Stat. 293

Section, Pub. L. 88–164, title I, §105, as added Pub. L. 98–527, §2, Oct. 19, 1984, 98 Stat. 2667, related to recovery of Federal share of costs of facilities constructed under subchapters II and IV of this chapter under certain conditions.

A prior section 6004, Pub. L. 88–164, title I, §105, as added Pub. L. 94–103, title I, §125, Oct. 4, 1975, 89 Stat. 498, related to records and audits, prior to the general amendment of this chapter by Pub. L. 98–527.
###### Editorial Note on Part 3282

#### Editorial Note:

Nomenclature changes to part 3282 appear at 78 FR 60199, Oct. 1, 2013.

#### § 3282.354 Submittal of false information or refusal to submit information.

The submittal of false information or the refusal to submit information required under this subpart may be sufficient cause for the Secretary to revoke or withhold acceptance.
### **CHAPTER 25—NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION**

Sec.
2501.
Creation; composition; appointment and tenure; vacancies; meetings. 1

2502.
Vacancies.
2503.
Executive director; staff; transportation expenses. 1
2504.
Duties; authorization of grants for historical publications and records programs; authorization for appropriations.
2505.
Special advisory committees; membership; reimbursement.
2506.
Records to be kept by grantees.
[2507.
Repealed.]

#### **Editorial Notes**

#### Amendments

**1988**—Pub. L. 100–365, §5, July 13, 1988, 102 Stat. 825, amended analysis generally, inserting "; vacancies; meetings" after "tenure" in item 2501, substituted "staff; transportation expenses" for "editorial and clerical staff; reimbursement of members for transportation expenses; honorarium" in item 2503 and "historical publications and records programs; authorization for appropriations" for "collection, reproduction, and publication of documentary historical source material" in item 2504, and reenacting items 2502, 2505, and 2506 without change.

**1984**—Pub. L. 98–497, title I, §107(b)(12)(B), Oct. 19, 1984, 98 Stat. 2287, struck out item 2507 "Report to Congress".

**1974**—Pub. L. 93–536, §1(a), Dec. 22, 1974, 88 Stat. 1734, inserted "AND RECORDS" after "PUBLICATIONS" in chapter heading.

1  So in original. Does not conform to section catchline.