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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BANK OF NEW YORK MELLON, FKA 

Bank of New York, as Trustee for the 

Certificateholders of the CWABS, Inc., 

Asset-Backed Certificates, Series 2006-2, 

Plaintiff-counterdefendant-Appellee, 

 v. 

SOMMERSET PARK HOMEOWNERS 

ASSOCIATION; ALESSI & KOENIG, 

LLC, 

Defendants, 

and 

SFR INVESTMENTS POOL 1, LLC, 

Defendant-counter-claimantcross-claimant-Appellant, 

 v. 

HOUSEHOLD FINANCE REALTY 

CORPORATION OF NEVADA; et al., 

Cross-claim-defendants.

No. 19-16891 

D.C. No. 

2:16-cv-01811-GMN-DJA 

MEMORANDUM*

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

FILED

JAN 24 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

Appeal from the United States District Court

for the District of Nevada

Gloria M. Navarro, District Judge, Presiding

Submitted January 11, 2023**

Pasadena, California

Before: CALLAHAN, R. NELSON, and H.A. THOMAS, Circuit Judges.

SFR Investments Pool 1, LLC (SFR) appeals from the district court’s grant 

of summary judgment for Bank of New York Mellon (BNYM) in a quiet title and 

declaratory relief action involving residential property located in Las Vegas, 

Nevada. We have jurisdiction under 28 U.S.C. § 1291, review de novo,

Berezovsky v. Moniz, 869 F.3d 923, 927 (9th Cir. 2017), and affirm.

This case arises from a foreclosure sale to satisfy a homeowners association 

(HOA) “superpriority lien” on the property. Nevada law provides that if a 

homeowner fails to pay a certain portion of HOA dues, the HOA is authorized to 

foreclose on a “superpriority lien” in that amount, extinguishing other liens and 

encumbrances on the delinquent property, including a previously recorded first 

deed of trust. See Nev. Rev. Stat. § 116.3116. However, a lender holding a first 

deed of trust may avoid extinguishment of its lien by tendering payment on the 

“superpriority” portion of the unpaid HOA dues. See Bank of Am., N.A. v.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).
3 

Arlington W. Twilight Homeowners Ass’n, 920 F.3d 620, 622–23 (9th Cir. 2019); 

see also Bank of Am., N.A. v. SFR Invs. Pool 1, LLC, 427 P.3d 113, 116–17 (Nev. 

2018) (en banc) (Diamond Spur). 

SFR’s primary assertion on appeal is that BNYM’s claim is untimely 

because it was not filed within three years of the foreclosure sale. This argument 

was rejected by the Nevada Supreme Court in U.S. Bank, N.A. v. Thunder 

Properties, Inc., 503 P.3d 299 (Nev. 2022), which held that Nevada’s four-year 

catch-all statute of limitations applied to quiet title actions. Id. at 302.

As the statute of limitations issue is the only issue clearly developed on this 

appeal, we do not address any other arguments.

The district court’s grant of judgment to BNYM is AFFIRMED.
Case 3:94-cr-03072-RV-MD   Document 122   Filed 08/13/07   Page 1 of 1
#### Dent *vs.*Simmons.

Ejectment. Case II.

Error to the Bullitt circuit; Booker, Judge.

*Ejectment. Habere facias possessionem.*

After a judgment in ejectment *has, as evidenced by*the official return on a *habere*facias, been fully executed by6 *43evicting the tenant in possession and giving actual possession to the plaintiff, it is erfor to award an *alias hap era facias.*

*42November 9.

Chief Justice Robertson,

delivered the opinion of the Court.

Simmons having obtained a judgment in ejectment against Dent, caused a *habere facias*to issued, and was put into the possession of the *anc* hy ^ie sheriff. After Dent and his family and goods had been expelled, and Simmons had closed the house, Dent’s family were permitted temporary shelter in the kitchen, and the writ was returned executed. Dent having shortly *43afterwards re-entered, in the absence of Simmons, or refused to surrender, the circuit court, which had rendered the judgment, made an order, on the application of Simmons, directing an *alias*writ to be issued.

*Crittenden*for appellant.

This writ of error is prosecuted to reverse that order.

As the judgment had been, according to the official return on the- writ, fully carried into effect- by evicting Dent, and giving the actual possession to Simmons, the circuit court had no longer any control over the case, and no more authority to direct a *habere facias*to issue, than it would have had if no judgment had ever been rendered. If Dent dis-seized Simmons, the proper remedy for restitution, was a warrant for forcible entry. All that the judgment in ejectment authorised, had been effected by the actual eviction under the *habere facias.*Wherefore the order for an *alias*writ is erroneous and must be reversed.
#### §§ 205.643-205.649 [Reserved]
#### The People of the State of New York ex rel. Jack Carlat, Appellant, v. Edward M. Fay, as Warden of Green Haven Prison, Respondent.

In a habeas corpus proceeding, relator appeals from a judgment of the Supreme Court, Dutchess County, dated October 25, 1966, which dismissed the writ and remanded him to respondent’s custody. Judgment reversed, on the law and the facts, without costs; writ sustained; judgment of conviction rendered September 16, 1960 by the County Court, Nassau County, vacated; and action remanded to said County Court for the purpose of permitting relator (as defendant) to plead *de novo*to the indictment. The record discloses that relator was not given the warning required under section 335-b of the Code of Criminal Procedure when he pleaded guilty to robbery in the second degree. Such failure renders the conviction void and amenable to collateral attack by way of habeas corpus *(People ex rel. Bianchi*v. *La Vallee,*17 N Y 2d 818; *People ex rel. Manning*v. *Fay,*16 N Y 2d 1061; *People ex rel. Blair*v. *Fay,*26 A D 2d 669; *People ex rel. Russo*v. *Fay,*25 A D 2d 779). Ughetta, Acting P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.
**Exhibit 15**

 

April 30, 2009

 

MWIVeterinary Supply, Inc.Meridian, ID

 

Wehave reviewed, in accordance with the standards of the Public CompanyAccounting Oversight Board (United States), the unaudited interim financialinformation of MWI Veterinary Supply, Inc. and subsidiaries for the three-and six-month periods ended March 31, 2009, and 2008, as indicated in ourreport dated April 30, 2009; because we did not perform an audit, weexpressed no opinion on that information.

 

We areaware that our report referred to above, which is included in your QuarterlyReport on Form 10-Q for the quarter ended March 31, 2009, isincorporated by reference in Registration Statement No. 333-127879,333-127880, and 333-149275 on Form S-8 and Registration Statement No. 333-141078on Form S-3.

 

Wealso are aware that the aforementioned report, pursuant to Rule 436(c) underthe Securities Act of 1933, is not considered a part of the RegistrationStatement prepared or certified by an accountant or a report prepared orcertified by an accountant within the meaning of Sections 7 and 11 of that Act.

 

 
| /s/ DELOITTE & TOUCHE LLP |
|------------------------------------|
| Boise, Idaho                       |

 

----
§ 20.11 Additional reports and information. ( a ) *Daily reports.* The reporting exporter shall report daily to the Administrator information with respect to sales of agricultural commodities as requested. Daily reports shall be made by telephone no later than 3 p.m., E.s.t., on the next business day following the calendar day of the sale.
( b ) *Additional information.* The reporting exporter shall furnish such other additional reports and information, including price data, as may be requested with respect to export sales of agricultural commodities.
[Rev. 2, 40 FR 23839, June 3, 1975, as amended by Amdt. 3, 45 FR 8562, Feb. 8, 1980]
§ 201.5 Origin. ( a ) The complete record for any lot of seed of alfalfa, red clover, white clover, or field corn, except hybrid seed corn, shall include a declaration of origin, or information traceable to a declaration of origin or evidence showing that a declaration of origin could not be obtained.
( b ) Each country shipper shall retain a copy of each declaration which he issues and shall attach thereto a detailed record showing the names and addresses of growers or country shippers from whom the seed was purchased, the quantity of seed purchased from each, and the date on which it was delivered to him.
[5 FR 30, Jan. 4, 1940, as amended at 20 FR 7929, Oct. 21, 1955]
October 2, 1979.

Appeal No. 78-335.

#### Carlo Orlando *v.*Carol Wire and Cable Co.

This case comes before us on a motion to affirm

under Rule 16(g). The case is here on appeal from a decree of the Workers’ Compensation Appellate Commission.

We issued an order to show cause why the decree should *880not be affirmed on the ground that the appeal essentially involves a challenge to a finding of fact of the Commission based upon credibility. Counsel for the employee argued this matter on October 1, 1979.

*Edward John Mulligan,*for petitioner. *Bernard W. Boyer,*for respondent.

Since the employee has failed to show cause, the decree is hereby affirmed and the appeal is denied and dismissed.
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

vs. Case Nos.: 3:96cr74/RV 

3:12cv395/RV/EMT

DARRELL GREEN

____________________________/

O R D E R

This cause comes on for consideration upon the magistrate judge’s Report and

Recommendation dated August 21, 2012 (doc. 714). Defendant has been furnished a copy of the

Report and Recommendation and has been afforded an opportunity to file objections pursuant to

Title 28, United States Code, Section 636(b)(1). I have made a de novo determination with respect

to matters identified in all timely filed objections.

Having considered the Report and Recommendation, and the timely filed objections thereto

(doc. 715), I have determined that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge’s Report and Recommendation is adopted and incorporated by

reference in this order.

2. Defendant’s motion to vacate pursuant to 28 U.S.C. § 2255 (doc. 713), is

SUMMARILY DISMISSED.

3. A certificate of appealability is DENIED.

DONE AND ORDERED this 14th day of September, 2012.

/s/ Roger Vinson 

ROGER VINSON

SENIOR UNITED STATES DISTRICT JUDGE

Case 3:96-cr-00074-RV-EMT Document 716 Filed 09/14/12 Page 1 of 1
#### In re OPENING OF LORILLARD PLACE.

(Supreme Court, Appellate Division, First Department.

June 20, 1906.)

In the matter of the opening of Lorillard Place.

No opinion. Order affirmed, with costs.
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): July 26, 1999


                       NL INDUSTRIES, INC.
      (Exact name of registrant as specified in charter)



New Jersey                   1-640                    13-5267260
(State or other       (Commission File No.)     (Employer ID No.)
jurisdiction of
incorporation)



16825 Northchase Dr., Suite 1200, Houston, Texas             77060
------------------------------------------------------------------
(Address of principal executive offices)                (Zip Code)



Registrant's telephone number, including area code   (281) 423-3300


                          Not Applicable
  (Former name or former address, if changed since last report)



<PAGE>


Item 5.  Other Events.


         On July 26, 1999,  the  Registrant  issued the press  release  attached
hereto  as  Exhibit  99.1  and  incorporated  herein  in its  entirety  by  this
reference.




Item 7.  Financial Statements, Pro Forma Financial Information and Exhibits.


         (c)      Exhibits

                  (i)      Exhibit 99.1.    Press Release dated July 26, 1999.



                        *      *      *      *      *




                                    SIGNATURE



         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 thereunto duly authorized.


                                                    NL INDUSTRIES, INC.
                                                    (Registrant)



                                                    /s/Robert D. Hardy
                                                    Robert D. Hardy
                                                    Vice President & Controller



Dated: August 2, 1999
Amendment to Employment Agreement--Barry P. Hoffman



 EXHIBIT 10.4(H) 
  
 AMENDMENT 
 TO 
 EMPLOYMENT AGREEMENT 
  
 THIS AMENDMENT TO EMPLOYMENT AGREEMENT (the “Amendment”) is made December 21, 2004 by and between Valassis Communications, Inc. (the
“Corporation”) and Barry P. Hoffman (the “Executive”). 
  
 WHEREAS, the Corporation and the Executive entered into that certain Employment Agreement effective as of March 18, 1992, as amended on December 19, 1995, December 12, 1997, December 9, 1998, December 16, 1999,
June 5, 2000 and March 14, 2001, December 20, 2001, June 26, 2002 and January 8, 2004 (the “Employment Agreement”); and 
  
 WHEREAS, the Corporation and the Executive desire to amend the Employment Agreement to reflect an increase in the Executive’s Annual Base
Salary. 
  
 NOW THEREFORE, in consideration of the above
recitals, the parties hereto agree as set forth below. 
  
 1. The
first sentence of Section 3(a) of the Employment Agreement shall be amended to read as follows: 
  
 “The Executive’s Annual Base Salary (“Annual Base Salary”), payable on a biweekly basis, shall be at the annual rate
of not less than $390,000 effective January 1, 2005.” 
  
 2.
All other terms of the Employment Agreement shall remain in full force and effect. 
  
 3. This instrument, together with the Employment Agreement, contains the entire agreement of the parties with respect to the subject matter hereof. 
  
 IN WITNESS WHEREOF, the Executive and the Corporation have caused this Agreement to be executed as of the day and
year first above written. 
  

			
	 VALASSIS COMMUNICATIONS, INC.

		
	 By:
	 	 /s/ Alan F. Schultz


	 Name:
	 	 Alan F. Schultz

	 Title:
	 	 Chairman, President and CEO

		
	 	 	 /s/ Barry P. Hoffman


	 	 	 Barry P. Hoffman
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

1141 

KA 16-00076 

PRESENT: WHALEN, P.J., SMITH, PERADOTTO, NEMOYER, AND SCUDDER, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

DONALD SCHWARTZ, DEFENDANT-APPELLANT.

 

JEREMY D. SCHWARTZ, BUFFALO, FOR DEFENDANT-APPELLANT. 

NIAGARA COUNTY DISTRICT ATTORNEY’S OFFICE, LOCKPORT (LAURA T. BITTNER

OF COUNSEL), FOR RESPONDENT. 

 

Appeal from an order of the Niagara County Court (Sara Sheldon,

J.), dated November 10, 2015. The order determined that defendant is

a level two risk pursuant to the Sex Offender Registration Act. 

It is hereby ORDERED that the order so appealed from is

unanimously affirmed without costs.

Memorandum: Defendant appeals from an order determining that he

is a level two risk pursuant to the Sex Offender Registration Act

(Correction Law § 168 et seq.). County Court determined that

defendant was a presumptive level three risk by applying the automatic

override for a psychological abnormality “that decreases his ability

to control impulsive sexual behavior” (Sex Offender Registration Act: 

Risk Assessment Guidelines and Commentary, at 4 [2006]), and then

granted him a downward departure to a level two risk. Contrary to

defendant’s contention, the court’s conclusion that the override

applies based on his diagnosis of pedophilia is supported by clear and

convincing evidence (see People v Cobb, 141 AD3d 1174, 1175; People v

Ledbetter, 82 AD3d 858, 858, lv denied 17 NY3d 702; see generally

People v Andrychuk, 38 AD3d 1242, 1243-1244, lv denied 8 NY3d 816). 

We also reject defendant’s contention that the court abused its

discretion in declining to grant him a further downward departure to a

level one risk (see People v Busby, 60 AD3d 1455, 1456; People v

Suarez, 52 AD3d 423, 423-424, lv denied 11 NY3d 710; see generally

People v Gillotti, 23 NY3d 841, 861). “The departure to level two

sufficiently addressed the mitigating factors cited by defendant”

(People v Billups, 58 AD3d 425, 426, lv denied 12 NY3d 707).

Entered: December 23, 2016 Frances E. Cafarell

Clerk of the Court
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

KYLE AKRIDGE PACE,

Plaintiff,

v. Case No. 3:20cv3762-TKW-EMT 

JACK LINKS SNACKS, INC.,

Defendant.

/

OR D E R

This case is before the Court based on the magistrate judge’s Report and 

Recommendation (Doc. 5). No objections were filed. Having reviewed the Report 

and Recommendation and the case file, I agree with the magistrate judge’s 

determination that this case is frivolous. Accordingly, it is 

ORDERED that this case is DISMISSED, and the Clerk shall close the file.

DONE and ORDERED this 11th day of May, 2020.

T. Kent Wetherell, II 

T. KENT WETHERELL, II

UNITED STATES DISTRICT JUDGE

Case 3:20-cv-03762-TKW-EMT Document 6 Filed 05/11/20 Page 1 of 1
[4910-13-P]

DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14CFR Part 39 r"



## 2.0\D-DI'l:J [Docket No. FAA-..2009-*****; Directorate Identifier 2009-NM-187-AD] ATE • 

### 10/2ejiJ1 LmNGSYMBOL

. RIN 2120-AA64 Airworthiness Directives; Empresa Brasileira deAeronautica S.A. (EMBRAER) Mo ERJ 190-100 STD, -100 LR, -100 IGW, -200 STD, -200 LR, and -200 IGW Airplanes AGENCY: Federal Aviation Administration (FAA), DOT. ACTION: Notice ofproposed rulemaking (NPRM). SU1\.fMARY: We propose to adopt anew ainvorthiness directive (AD) for the product 

# ANM-

# 7 'NmALSIsIG

O\ITING SYMBOL 

## * * * 

## * * * * Failure to inspect these components according to the new tasks, thresholds and intervals could prevent atimely detection offatigue cracks. Undetected fatigue cracks inthese areas could adversely affect the structural integrity ofthese airplanes. condition as: listed above. This proposed AD results from mandatory continuing ainvorthiness

During ERJ 190airplane full scale fatigue test, cracks were found in some structural components ofthe airplane. Analysis ofthese cracks resulted in modifications onthe airplane Airworthiness Limitation Items (All), to include new inspections tasks ormodification ofexisting ones and its respective thresholds and intervals. and correct anunsafe condition on an aviation product. The MeAl describes the unsafi information (MeAl) originated byan aviation authority of another country to identify

rNITIAUVSlG The proposed AD would require actions that are intended to address the unsafe conditi n described in the MeAl.
Figure 3. Number of women and men in labor force, 1990-1998

 Millions of workers:
#### GLEICHMANN, Respondent, v. THEISS, Appellant.

(Supreme Court, Appellate Division, Second Department.

June 8, 1906.

Action by William Gleichmann against Frederick Theiss, Sr.

No opinion. Judgment and order affirmed, with costs.
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

IN RE: 3M COMBAT ARMS 

EARPLUG PRODUCTS

Case No. 3:19md2885

LIABILITY LITIGATION

This Document Relates to: 

Baker, 7:20cv39

Judge M. Casey Rodgers

Magistrate Judge Gary R. Jones

DEPOSITION DESIGNATIONS ORDER NO. 5 

This Order addresses Defendants’ objections and counter-designations to 

Plaintiff’s affirmative deposition designations and Plaintiff’s objections to 

Defendants’ counter-designations thereto for the following witness depositions:

1. Falco, Robert 2-11-2020

2. Falco, Robert 2-12-2020

3. Gates, Kathy 5-29-2020

4. Hannah, Kevin 12-14-2020

5. Myers, Brian 12-13-2019

SO ORDERED, on this 6th day of June, 2021. 

M. Casey Rodgers

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE

Case 7:20-cv-00039-MCR-GRJ Document 153 Filed 06/06/21 Page 1 of 1
§ 201.56-3 Mustard family, Brassicaceae (Cruciferae). Kinds of seed: Broccoli, brussels sprouts, cabbage, Chinese cabbage, cauliflower, collards, garden cress, upland cress, water cress, kale, Chinese kale, Siberian kale, kohlrabi, mustard, pakchoi, radish, rape, rutabaga, and turnip. ( a ) General description. ( 1 ) Germination habit: Epigeal dicot.
( 2 ) Food reserves: Cotyledons which expand and become thin, leaf-like and photosynthetic. In *Brassica, Sinapis,* and *Raphanus,* the cotyledons are bi-lobed and folded, with the outer cotyledon being larger than the inner.
( 3 ) Shoot system: The hypocotyl elongates and carries the cotyledons above the soil surface; the epicotyl usually does not show any development within the test period.
( 4 ) Root system: A long primary root.
( b ) Abnormal seedling description. ( 1 ) Cotyledons: ( i ) Decayed at point of attachment.
( ii ) Less than half of the original cotyledon tissue remaining attached.
( iii ) Less than half of the original cotyledon tissue free of necrosis or decay.
( 2 ) Epicotyl: ( i ) Missing. (May be assumed to be present if the cotyledons are intact.)
( ii ) [Reserved]
( 3 ) Hypocotyl: ( i ) Deep open cracks extending into the conducting tissue.
( ii ) Malformed, such as markedly shortened, curled, or thickened.
( iii ) Watery.
( 4 ) Root: ( i ) Weak, stubby, or missing primary root. (Secondary roots will not compensate for a defective root.)
( ii ) [Reserved]
( 5 ) Seedling: ( i ) One or more essential structures impaired as result of decay from primary infection.
( ii ) Albino.
[59 FR 64501, Dec. 14, 1994]
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

RONNIE LEE CRAWFORD,

Petitioner,

vs. CASE NO.: 1:03cv86-SPM/AK

JAMES V. CROSBY,

Respondent.

____________________________/

ORDER

This cause comes before the Court for consideration of the Magistrate

Judge’s Report and Recommendation dated June 7, 2005 (doc. 17). Petitioner has

been furnished a copy of the report and recommendation and has been afforded an

opportunity to file objections pursuant to Title 28, United States Code, Section

636(b)(1). No objections have been filed, although Petitioner did file a response

(doc. 18) requesting a timely ruling on the merits of his petition upon transfer.

Having considered the report and recommendation, I have determined that the

report and recommendation should be adopted.

Accordingly, it is hereby ORDERED as follows:

1. The magistrate judge’s report and recommendation (doc. 17) is

ADOPTED and incorporated by reference in this order.

Case 1:03-cv-00086-SPM-AK Document 19 Filed 07/06/05 Page 1 of 2
Page 2 of 2

CASE NO.: 1:03cv86-SPM/AK

2. This case is transferred to the United States District Court for the

Middle District of Florida for all further proceedings. 

DONE AND ORDERED this 6th day of July, 2005.

 s/ Stephan P. Mickle 

Stephan P. Mickle

United States District Judge

Case 1:03-cv-00086-SPM-AK Document 19 Filed 07/06/05 Page 2 of 2