alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 20
- 1177

BRENDA COLEMAN GILLIS , Debtor

- Appellant ,

v. SUZANNE E. WADE , Trustee

- Appellee

.

Appeal from the United States District Court for the Eastern District of Virginia , at Richmond

. John A. Gibney, Jr

. , District Judge. ( 3:20

- cv
- 00019

- JAG )

Submitted : July 23, 2020 Decided: July 27, 2020

Before WILKINSON, MOTZ, and R ICHARDSON , Circuit Judges.

Affirmed by un published per curiam opinion

.

Brenda Coleman Gillis , Appellant Pro Se

.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Brenda Coleman Gillis appeals the district court’s order d enying her motion to proceed in forma pauperis in her appeal from the bankruptcy court’s order vacating confirmation of her Chapter 13 plan. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the di strict court. Gillis v. Wade , No. 3:20

- cv
- 00019

- JAG (E.D. Va. Jan. 30, 2020) . We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional pro cess.
AFFIRMED
<TABLE> <S> <C>

     <ARTICLE>         5
<LEGEND>
This schedule  contains  summary  financial information extracted from the
Balance  Sheet at December 31,  1996  and the Statements of Income for the
year ended December 31, 1996 and is qualified in its entirety by reference
to such financial statements.
</LEGEND>

<MULTIPLIER>           1,000
       
<S>                                        <C>
<PERIOD-TYPE>                              12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          12,072
<SECURITIES>                                   215,529
<RECEIVABLES>                                    1,132
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 228,733
<CURRENT-LIABILITIES>                            6,964
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     221,769
<TOTAL-LIABILITY-AND-EQUITY>                   228,733
<SALES>                                              0
<TOTAL-REVENUES>                                19,762
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 4,850
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    14,912
<EPS-PRIMARY>                                    48.71
<EPS-DILUTED>                                    48.71
        

</TABLE>
Document No. 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

VS CASE NO. 3:95cr3005LAC

CARLOS MOSQUEDA

REFERRAL AND ORDER

Referred to Judge Lacey Collier on April 12, 2007 

Motion/Pleadings MOTION TO REDUCE SENTENCE PURSUANT TO 18 U.S.C. § 

3582(c)(2) 

Filed byDEFENDANT PRO SE on 3/30/07 Doc.# 273

RESPONSES:

on Doc.#

on Doc.#

Stipulated Joint Pldg.

Unopposed Consented

WILLIAM M. McCOOL, CLERK OF COURT

s/Mary Maloy

LC (1 OR 2) Deputy Clerk: Mary Maloy

ORDER

Upon consideration of the foregoing, it is ORDERED this 23

rd day of

April, 2007, that:

(a) The relief requested is DENIED.

(b) Cited amendments do not entitle defendant to any relief. 

 s/L.A. Collier 

LACEY A. COLLIER

Senior United States District Judge

Entered On Docket: By: 

Rules 58 & 79(a) FRCP or 32(d)(1) & 55 FRCRP

Copies sent to:

Case 3:95-cr-03005-LC-EMT Document 274 Filed 04/23/07 Page 1 of 1
#### The People of the State of New York, Respondent, v Dimitri Irrizarry, Appellant.

Judgment of resentence, Supreme Court, Bronx County, rendered on January 31,1980, unanimously affirmed, and appeal from judgment of said court rendered on May 25,1979 is dismissed since by reason of resentence said judgment was vacated and it is from the judgment of resentence only that an appeal lies. No opinion. Concur — Kupferman, J. P., Bims, Fein, Sandler and Lupiano, JJ.
**EXHIBIT 32**     The following certifications are being furnished solely to accompany the Report pursuant to 18U.S.C. § 1350 and in accordance with SEC Release No. 33-8238. These certifications shall not bedeemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, norshall they be incorporated by reference in any filing of the Company under the Securities Act of1933, as amended, whether made before or after the date hereof, regardless of any generalincorporation language in such filing.**Certification of Principal Executive Officer**     Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, theundersigned officer of Volcom, Inc., a Delaware corporation (the “Company”), hereby certifies, tohis knowledge, that:     (i) the accompanying Quarterly Report on Form 10-Q of the Company for the period ended June30, 2005 (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, thefinancial condition and results of operations of the Company.        Dated: August 12, 2005 /s/ Richard R. Woolcott   Richard R. Woolcott   President, Chief Executive Officer and Director(Principal Executive Officer)   **Certification of Principal Financial Officer**     Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, theundersigned officer of Volcom, Inc., a Delaware corporation (the “Company”), hereby certifies, tohis knowledge, that:     (i) the accompanying Quarterly Report on Form 10-Q of the Company for the period ended June30, 2005 (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, thefinancial condition and results of operations of the Company.        Dated: August 12, 2005 /s/ Douglas P. Collier   Douglas P. Collier   Chief Financial Officer, Secretaryand Treasurer(Principal Financial Officer)        A signed original of this written statement required by Section 906 has been provided toVolcom, Inc. and will be retained by Volcom, Inc. and furnished to the Securities and ExchangeCommission or its staff upon request.
Case 1:90-cr-01020-MP   Document 683   Filed 12/29/05   Page 1 of 1
#### § 29.2408 Rule 17.

Any lot of tobacco of the B, C, or X groups containing over 30 percent of mixed color or variegated leaves or over 30 percent of mixed color and variegated leaves combined shall be classified as “mixed” and designated by the color symbol “M.”
```

[109th Congress Public Law 201]
[From the U.S. Government Printing Office]

[DOCID: f:publ201.109]

[[Page 120 STAT. 309]]

Public Law 109-201
109th Congress

                                 An Act

 
To designate the facility of the United States Postal Service located at 
 320 High Street in Clinton, Massachusetts, as the ``Raymond J. Salmon 
         Post Office''. <<NOTE: Mar. 20, 2006 -  [H.R. 4152]>> 

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

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 320 High 
Street in Clinton, Massachusetts, shall be known and designated as the 
``Raymond J. Salmon Post Office''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Raymond J. Salmon Post 
Office''.

    Approved March 20, 2006.

LEGISLATIVE HISTORY--H.R. 4152 (S. 2036):
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 152 (2006):
            Feb. 14, considered and passed House.
            Mar. 3, considered and passed Senate.

                                  <all>
```
Page 1 of 1

Case No. 1:20cv30-RH-GRJ

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

LOUIS RAY MARCHETTI,

Plaintiff,

v. CASE NO. 1:20cv30-RH-GRJ

OFFICER ROSS et al.,

Defendants.

_____________________________________/

ORDER OF DISMISSAL

This case is before the court on the magistrate judge’s report and 

recommendation, ECF No. 9. No objections have been filed. Upon consideration,

IT IS ORDERED:

The report and recommendation is accepted and adopted as the court’s 

opinion. The clerk must enter judgment stating, “This case is dismissed without 

prejudice.” The clerk must close the file.

SO ORDERED on December 30, 2020.

s/Robert L. Hinkle

United States District Judge

Case 1:20-cv-00030-RH-GRJ Document 29 Filed 12/30/20 Page 1 of 1
VcHARTMENT OF 

JjANSPORWiON 

^::K&r OPERATIONS 

SERVED SEPTEMBER 27, 2010 /OIG :[P ?8 A <]: 3Q 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

PETER SIMONS 

FAA DOCKET NO. CP10NM0004 

(Civil Penalty Action) 

DMS No. FAA-2010-0534 

ORDER GRANTING MOTION TO TAKE JUDICIAL NOTICE 

On September 20, 2010, the Federal Aviation Administration 

("Complainant") filed a Motion to Take Judicial Notice ("Motion"). The Motion 

encompasses certain sections of the Administrator's civil penalty guidelines 

("guidelines"). The guidelines, FAA Order No. 2150,3B, are published at 

rgl.faa.gov. The Motion also asks that Judicial Notice be taken of 49 C.F.R. 

§172.101 (Table), a Federal regulation. Respondent Peter Simons 

("Respondent") has not responded to the Motion. 

The court may take Judicial Notice of a fact which is not subject to 

reasonable dispute in that it Is either (1) generally known within the 

territorial jurisdiction of the trial court or (2) capable of accurate and ready 

determination by resort to sources whose accuracy cannot reasonably be 

questioned.' 

The matters for which Complainant seeks Judicial Notice are federal 

regulations and published guidelines of a federal agency. These matters are 

capable of accurate and ready determination by resort to sources whose 

' Federal Rules of Evidence, Rule 201 (28 U.S.C). 
accuracy cannot reasonably be questioned. They also are matters within the 

public domain. 

WHEREFORE, Complainant's Motion having been read and considered, 

it is hereby ORDERED that Judicial Notice be and is hereby taken of the 

following: 

1. The Administrator's published civil penalty guidelines contained in 

FAA Order No. 2150.3B; and 

2. 49 C.F.R. §172.101 (Table). 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 
FAA Docket No. CP10NM0004 

(Civil Penalty Action) 

SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building—Suite 2W1000' 

ONE COPY 

Peter Z. Simons, Respondent 

2216 N. Farragut Avenue 

Colorado Springs, CO 80907 

Scott R. Morris, Complainant's Counsel 

Office of Regional Counsel 

Northwest Mountain Region, ANM-7 

Federal Aviation Administration 

1601 Lind Avenue, S.W. 

Renton, WA 98057 

TEL:^ 425-227-2007 

FAX:' 425-227-1007 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

East Building Ground Floor, Room El2-320 

Washington, DC 20590 

TEL: 202-366-2139 Attorney-Advisor 

202-366-5121 Legal Assistant 

FAX: 202-366-7536 

' Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building—Suite 2W1000, Washington, 

DC 20591; Attention: Hearing Docket Clerk, AGC-430.
#### § 27.18 Persons not to be employed for inspection or sampling.

No person shall, after notice to the interested parties, be employed in any way in connection with any phase of the inspection and sampling of cotton or the preparation of the samples thereof, for the purposes of classification under this subpart, who for good cause is disapproved by the Director.
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

UNITED STATES OF AMERICA

v. CASE NO.: 4:02cr52-SPM

ERIC EUGENE BALCOM,

Defendant.

____________________________/

ORDER DENYING MOTION TO REDUCE UNDER 18 U.S.C. § 3582

This cause comes before the Court on Defendant’s Motion for Reduction

of Sentence Pursuant to Title 18 U.S.C. § 3582(c). Doc. 153. For the following

reasons, Defendant’s motion will be denied.

Defendant was sentenced before August 2010. Therefore, the Fair

Sentencing Act does not apply to him. United States v. Gomes, 621 F.3d 1343,

1346 (11th Cir. 2010). Defendant was subject to a statutory mandatory

minimum sentence of life, which determined his sentencing range. The guideline

amendments, even if made retroactive (and they have not yet been), would not

change Defendant’s sentencing range. Accordingly, it is

ORDERED AND ADJUDGED: Defendant’s Motion for Reduction of

Sentence Pursuant to Title 18 U.S.C. § 3582(c), Doc. 153, is denied. 

DONE AND ORDERED this 29th day of June, 2011.

s/ Stephan P. Mickle 

Stephan P. Mickle

Senior United States District Judge

Case 4:02-cr-00052-RH-CAS Document 154 Filed 06/29/11 Page 1 of 1
##### 



Exhibit 32.1
 CERTIFICATION PURSUANT TO 18 U.S.C. §1350,
AS ADOPTED PURSUANT TO §906
OF THE SARBANES-OXLEY ACT OF 2002
  (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 as of the
dates and for the periods expressed in the Report.
 November 10, 2005
 /s/  Jeff D. MorrisJeff D. MorrisPresident and Chief Executive Officer /s/  Shai EvenShai EvenVice President, Chief Financial Officer
and Treasurer
Document No. 

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

VS CASE NO. 3:99cr98/RV

FREDERICK NELAMS, JR.

REFERRAL AND ORDER

Referred to Judge Vinson on 01/25/2006 

Type of Motion/Pleading MOTION FOR CLARIFICATION

Filed by: Defendant Nelams on 1/9/06 Doc. No. 47

( ) Stipulated/Consented/Joint Pleading

RESPONSES:

Government on 1/24/06 Doc. No. 48

on Doc. No.

WILLIAM M. McCOOL, CLERK OF COURT

/s/ V. Harmon

Deputy Clerk

ORDER

Upon consideration of the foregoing, it is ORDERED this 25th day of

 January , 2006, that:

(a) The requested relief is GRANTED.

(b) See the Government’s Response (doc.48).

/s/ Roger Vinson

ROGER VINSON

SENIOR UNITED STATES DISTRICT JUDGE

Entered On Docket: By: 

Rules 58 & 79(a) FRCP or 32(d)(1) & 55 FRCRP

Copies sent to:

Case 3:99-cr-00098-RV Document 49 Filed 01/25/06 Page 1 of 1
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NUNE SARGSYAN, 

Petitioner,

 v.

JEFFERSON B. SESSIONS III, Attorney

General, 

Respondent.

No. 14-70816

Agency No. A099-707-441

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Argued and Submitted March 8, 2018

Pasadena, California

Before: GRABER, W. FLETCHER, and OWENS, Circuit Judges.

Petitioner Nune Sargsyan, a native and citizen of Armenia, seeks review of

the Board of Immigration Appeals’ ("BIA") denial of asylum, withholding of

removal, and protection under the Convention Against Torture ("CAT"). We deny

the petition.

FILED

MAR 22 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

*

 This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36-3.
1. Substantial evidence supports the conclusion that Petitioner did not

testify credibly. Li v. Holder, 559 F.3d 1096, 1102 (9th Cir. 2009). Petitioner’s

testimony before the IJ was inconsistent on several points, including the duration

of her husband’s extortion payments, the severity of her tooth injuries, what year

the hair salon burned down, and when her husband’s leg was broken. In denying

Petitioner’s claims, the BIA relied on those inconsistencies, none of which is

"merely trivial." Shrestha v. Holder, 590 F.3d 1034, 1046 (9th Cir. 2010).

2. The BIA did not err in rejecting Petitioner’s due process claims,

including those relating to the incomplete hearing transcript and interruptions

during her testimony. Petitioner has failed to demonstrate that she suffered

prejudice due to any procedural error and, therefore, her due process claims fail. 

Morales-Izquierdo v. Gonzales, 486 F.3d 484, 495 (9th Cir. 2007) (en banc).

3. Because Petitioner failed to address her CAT claim in her brief, she has

waived it. Martinez-Serrano v. INS, 94 F.3d 1256, 1260 (9th Cir. 1996).

Petition DENIED.

2
I 

113TH CONGRESS 

1ST SESSION H. R. 2408 

To prohibit the Department of Justice from tracking and cataloguing the 

purchases of multiple rifles and shotguns. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 18, 2013 

Mr. SCHWEIKERT (for himself and Mr. AMASH) introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To prohibit the Department of Justice from tracking and 

cataloguing the purchases of multiple rifles and shotguns. 

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

3 SECTION 1. PROHIBITION OF TRACKING OR CATALOGUING 

4 FIREARMS PURCHASES. 

5 For fiscal year 2013 and each fiscal year thereafter, 

6 no Federal funds may be used to require or continue to 

7 require a person licensed under section 923 of title 18, 

8 United States Code, to report information to the Departmstockstill on DSK4VPTVN1PROD with BILLS

2 

•HR 2408 IH

1 ment of Justice regarding the sale of multiple rifles or 

2 shotguns to the same person. 

Æ 

mstockstill on DSK4VPTVN1PROD with BILLS
Searched for **http://www.ssa.gov/pubs/11051.html**

 

19961997199819992000200120022003200420052006200720082009201020112012201320142015201620172018201920202021202220232024

*Note:* This calendar view maps the number of captures of **http://www.ssa.gov/pubs/11051.html**, *not* how many times the site was actually updated.

Look Up URL in general Internet Archive web collection.
exv10wo



 






EXHIBIT (10)(o)




2005 CASH COMPENSATION FOR NON-MANAGEMENT DIRECTORS OF THE

REGISTRANT




     As of January 1, 2005, the 2005 Board fees include an annual retainer of
$20,000 and a meeting fee of $1,500 for each board meeting attended. The
directors also receive $1,000 for each committee meeting attended, with an
additional annual retainer of $5,000 to the committee chairman. The Chairman of
the Board receives an additional $100,000 retainer. The common stock
contribution to the Associated Banc-Corp Director’s Deferred Compensation Plan
will be $35,000 for 2005.
2006-0222.

#### State ex rel. Adams v. Brunner.

In Mandamus. On motion to dismiss. Motion to dismiss granted. Cause dismissed.

Moyer, C.J., Resnick, Pfeifer, Lundberg Stratton, O’Connor, O’Donnell and Lanzinger, JJ., concur.
The Honorable Richard G. Kopf, United States District Judge 1 for the District of Nebraska, sitting by designation. ___________ No. 96-2341

___________ Southern Pacific * Transportation Company; * St. Louis Southwestern * Railway Company, * * Plaintiffs - Appellants, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas Asplundh Brush Control Company, * Asplundh Railroad Division, * [UNPUBLISHED] * Defendant - Appellee. *

___________ Submitted: February 14, 1997 Filed: March 11, 1997

___________ Before BOWMAN and WOLLMAN, Circuit Judges, and KOPF, Distric t 1 Judge.

___________ KOPF, District Judge.
The So uthern Pacific Transportation Company and St. Loui s Southwestern Railway Company (Railroad) entered into an agreement with A splundh Brush Control Company (Asplundh) in which Asplund h agreed to spray for weeds along the Railroad’s right of way. The agr eement contained various indemnity provisions. A genera l indemnity provision concerning a variety of topics, includin g pers onal injury liability, exempted Asplundh from the indemnit y obliga tionif the Railroad was negligent. In another provisio nrelating to chemical use, Asplundh agreed to indemnify the R ailroad

for liabilities “arising out o f use of the chemicals to be appliedThe Honorable Henry Woods, Senior United States Distric t 2 Judge for the Eastern District of Arkansas. -3- hereunder, including (but without limitation) claims or liability due to drift of the chemicals and harm to trees, crops, shrubs or vegetation of any kind, and livestock, regardless of any neg ligence of employees of Railroad.”
Although Asplundh had sprayed the Mounds, Arkansas, crossing, weeds grew high. A serious pe rsonal injury accident followed when visionat the crossing was obstructed by the weeds. In a stat e court suit brought by an injured party, a jury found the Railroad was ne gligent, but Asplundh was not negligent. The evidenc e revealed that despite knowing that the chemicals had not con trolled the weeds at the Mounds crossing, the Railroad failed to notif y Asplun dhof the problem, thus failing to give Asplundh a n opportunity to respray the area.
The Railroad brought this action seeking indemnity fro m Asplundh, claiming the chemical-use provision of the contrac t requ iredAsplundh to indemnify the Railroad for personal injur y liability even if the Railroad was negligent because such li ability aros e out of the use of chemicals. With the material fact s undisp uted, and the parties’ agreement that the contract wa s unambi guous, the district court granted summary judgment fo r 2 Asplundh. The court held that the “chemical-use” provision of the contract was limited to the harmful effects of chemicals t o property. The Railroad appeals, claiming the district court erred when it applied settled Arkansas rules of contract interpretationto the indemnity provisions of the contract. Having reviewed the p arties’-4-

briefs and submissions, we conclude that no error of law appears. Accordingly, we affirm. See 8th Cir. R. 47B.-5-

A true copy.

Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
#### § 205.671 Exclusion from organic sale.

When residue testing detects prohibited substances at levels that are greater than 5 percent of the Environmental Protection Agency's tolerance for the specific residue detected or unavoidable residual environmental contamination, the agricultural product must not be sold, labeled, or represented as organically produced. The Administrator, the applicable State organic program's governing State official, or the certifying agent may conduct an investigation of the certified operation to determine the cause of the prohibited substance.
First District.

#### Howard Cookson Lang and Laura E. Lang, appellees, v. William F. Pelham Company, appellant.

Gen. No. 37,152.

Opinion filed October 16, 1934.

Hershenson & Hershenson, for appellant; A1 Sehapiro and Bernard Sehiff, of counsel. Gold & Liebman, for appellees; Charles Liebman, of counsel.

Mr. Presiding Justice Gridley

delivered the opinion of the court.