alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
230123 SCH ORD RE MEDIATION TEAM NOTICE VERSION JANUARY 23, 2023 1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of

THE COMMONWEALTH OF PUERTO RICO et al.,

Debtors.1

PROMESA

Title III

Case No. 17 BK 3283-LTS

(Jointly Administered)

In re:

THE FINANCIAL OVERSIGHT AND 

MANAGEMENT BOARD FOR PUERTO RICO,

as representative of

PUERTO RICO ELECTRIC POWER AUTHORITY,

Debtor.

PROMESA

Title III

Case No. 17 BK 4780-LTS

ORDER SCHEDULING BRIEFING OF THE MEDIATION TEAM’S THIRD NOTICE AND REPORT

The Court has received and reviewed the Mediation Team’s Third Notice and 

Report (Docket Entry No. 23306 in Case No. 17-3283 and Docket Entry No. 3159 in Case No. 

17-4780) (the “Notice and Request”), filed by the Honorable Shelley C. Chapman (ret.) and the 

Honorable Brendan L. Shannon.

Responsive papers to the Notice and Request, if any, must be filed by January 

26, 2023, at 12:00 p.m. (Atlantic Standard Time). The Court will thereafter take the Notice 

1 The Debtors in these Title III Cases, along with each Debtor’s respective Title III case 

number and the last four (4) digits of each Debtor’s federal tax identification number, as 

applicable, are the (i) Commonwealth of Puerto Rico (Bankruptcy Case No. 17-BK3283-LTS) (Last Four Digits of Federal Tax ID: 3481); (ii) Puerto Rico Sales Tax 

Financing Corporation (“COFINA”) (Bankruptcy Case No. 17-BK-3284-LTS) (Last Four 

Digits of Federal Tax ID: 8474); (iii) Puerto Rico Highways and Transportation 

Authority (“HTA”) (Bankruptcy Case No. 17-BK-3567-LTS) (Last Four Digits of 

Federal Tax ID: 3808); (iv) Employees Retirement System of the Government of the 

Commonwealth of Puerto Rico (“ERS”) (Bankruptcy Case No. 17-BK-3566-LTS) (Last 

Four Digits of Federal Tax ID: 9686); (v) Puerto Rico Electric Power Authority 

(“PREPA”) (Bankruptcy Case No. 17-BK-4780-LTS) (Last Four Digits of Federal Tax 

ID: 3747); and (vi) Puerto Rico Public Buildings Authority (“PBA”) (Bankruptcy Case 

No. 19-BK-5523-LTS) (Last Four Digits of Federal Tax ID: 3801) (Title III case 

numbers are listed as Bankruptcy Case numbers due to software limitations).

Case:17-03283-LTS Doc#:23309 Filed:01/23/23 Entered:01/23/23 16:41:51 Desc: Main

Document Page 1 of 2
230123 SCH ORD RE MEDIATION TEAM NOTICE VERSION JANUARY 23, 2023 2

and Request on submission.

SO ORDERED.

Dated: January 23, 2023

 /s/ Laura Taylor Swain 

LAURA TAYLOR SWAIN

United States District Judge

Case:17-03283-LTS Doc#:23309 Filed:01/23/23 Entered:01/23/23 16:41:51 Desc: Main

Document Page 2 of 2
#### § 142.35 Applicability.

This subpart prescribes the curriculum and syllabus requirements for the issuance of a training center certificate and training specifications for training, testing, and checking conducted to meet the requirements of part 61 of this chapter.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 99-6057

JOHN MCLAUGHLIN-COX, Petitioner - Appellant, versus FRANK C. SIZER, JR.; ATTORNEY GENERAL OF THE STATE OF MARYLAND, Respondents - Appellees. Appeal from the United States District Court for the District of Maryland, at Baltimore. Marvin J. Garbis, District Judge. (CA-98- 2760-MJG) Submitted: March 11, 1999 Decided: March 18, 1999 Before WIDENER and LUTTIG, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. John McLaughlin-Cox, Appellant Pro Se. John Joseph Curran, Jr., Attorney General, Regina Hollins Lewis, Assistant Attorney General, Baltimore, Maryland, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).* Although the district court’s order is marked as “filed” on December 15, 1998, the district court’s records show that it was entered on the docket sheet on December 16, 1998. Pursuant to Rules 58 and 79(a) of the Federal Rules of Civil Procedure, it is the date that the order was entered on the docket sheet that we take as the effective date of the district court’s decision. See Wilson v. Murray, 806 F.2d 1232, 1234-35 (4th Cir. 1986). 2 PER CURIAM: John McLaughlin-Cox appeals the district court’s order denying relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 1998). We have reviewed the record and the district court’sopinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning of the district court. See McLaughlin-Cox v. Sizer , No. CA-98- 2760-MJG (D. Md. Dec. 16, 1998). * We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
NOT RECOMMENDED FOR FULL
- TEXT PUBLICATION File Name: 14a0186n.06
No. 13

- 5473 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

LORENZO MALONE , Petitioner

- Appellant ,

v. JAMES FORTNER , Respondent

- Appellee

. ) ) ) ) ) ) ) ) ) ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE

BEFORE: NORRIS, COLE, and GIBBONS, Circuit Judges.

PER CURIAM. Lorenzo Malone appeals the district court’s judgment denying his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. A jury found Malone guilty of first

- degree felony murde r, and the trial court sentenced him to life in prison. The Tennessee Court of Criminal Appeals affirmed the trial court’s judgment. State v. Malone , No. M2003

- 02770

- CCA

- R3

- CD, 2005 WL 1521788 (Tenn. Crim. App. June 27, 2005). The Tennessee courts denie d Malone’s subsequent petition for post

conviction relief. Malone filed a § 2254 petition, asserting numerous claims, including that his trial counsel rendered ineffective assistance by failing to object to improper remarks that were made by the prosecutor during closing argument. The district court denied Malone’s petition, concluding , among other things, that the ineffective

- assistance claim lacked merit , was untimely , and wasNo. 13

- 5473

Malone v. Fortner

- 2

- procedurally defaulted. The court granted a certificate of appealability for several of Malone’s claims, including the ineffective

- assistance claim. On appeal, Malone argues that that t he district court erred by denying him relief on his ineffective

- assistance claim. The respondent argues that Malone’s ineffective

- assistance claim is procedurally defaulted. We need not address respondent’s contention that the claim is procedurally defa ulted, however, because the claim is more easily resolved on the merits. See Mahdi v. Bagley , 522 F.3d 631, 635 (6th Cir. 2008). To prevail on a n ineffective

- assistance claim, a petitioner must demonstrate deficient performance by counsel resulting in pre judice. United States v. Wynn , 663 F.3d 847, 851 (6th Cir. 2011). To establish prejudice, a petitioner must show that there is a reasonable probability that, but for counsel’s error, the result of the proceeding would have been different. Sowell v. Ande rson , 663 F.3d 783, 795 (6th Cir. 2011). Regardless of the standard of review that we employ, see Jackson v. Houk, 687 F.3d 723, 731 (6th Cir. 2012), cert. denied , 133 S. Ct. 1243 (2013), Malone cannot demonstrate the requisite prejudice, given the overwh elming evidence of his guilt, including his detailed confession and the fact that police found the murder weapon and victim’s belongings at his
residence

. Accordingly, we affirm the district court’s judgment.
Exhibit
32.1





Certification
of Chief Executive Officer and Chief Financial Officer Pursuant to


18
U.S.C. Section 1350, as Adopted Pursuant to


Section
906 of the Sarbanes-Oxley Act of 2002





Pursuant
to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of
1934, as amended (the “Exchange Act”), and Section 1350 of Chapter 63 of Title
18 of the United States Code (18 U.S.C. §1350),Daniel N. Swisher, Jr.,
Chief Executive Officer of Sunesis Pharmaceuticals, Inc. (the “Company”), and
Eric H. Bjerkholt, Chief Financial Officer of the Company, each hereby certifies
that, to the best of his knowledge:




1.
            The
      Company’s Annual Report on Form 10-K for the period ended December 31,
      2008, to which this Certification is attached as Exhibit 32.1 (the “Annual
      Report”) fully complies with the requirements of Section 13(a) or Section
      15(d) of the Exchange Act, and




2.
            The
      information contained in the Annual Report fairly presents, in all
      material respects, the financial condition and results of operations of
      the Company.




In Witness Whereof, the
undersigned have set their hands hereto as of the 3rd day of April,
2009.




/s/ Daniel N. Swisher, Jr.
              
              /s/ Eric H. BjerkholtDaniel
      N. Swisher, Jr.
              
              Eric
      H. BjerkholtChief
      Executive Officer
              
              Chief
      Financial Officer





This
certification accompanies the Form 10-K to which it relates, is not deemed filed
with the Securities and Exchange Commission and is not to be incorporated by
reference into any filing of Sunesis Pharmaceuticals, Inc. under the Securities
Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended
(whether made before or after the date of the Form 10-K), irrespective of any
general incorporation language contained in such filing.
<PAGE>

                                                                  Exhibit (4)(p)

              CERTIFICATE OF TRUST OF WEYERHAEUSER CAPITAL TRUST II

      THIS Certificate of Trust of Weyerhaeuser Capital Trust II (the "Trust")
is being duly executed and filed by the undersigned, as trustees, to form a
statutory trust under the Delaware Statutory Trust Act (12 Del. C. Section 3801
et seq.)(the "Act").

      1.    Name. The name of the statutory trust formed hereby is Weyerhaeuser
Capital Trust II .

      2.    Delaware Trustee. The name and business address of the trustee of
the Trust in the State of Delaware is Chase Manhattan Bank USA, National
Association, 500 Stanton Christiana Road, 3rd Floor/OPS4, Newark, DE 19713,
Attn: Institutional Trust Services.

      3.    Effective Date. This Certificate of Trust shall be effective upon
filing.

      IN WITNESS WHEREOF, the undersigned has executed this Certificate in
accordance with Section 3811(a) of the Act.

                                    CHASE MANHATTAN BANK USA, NATIONAL
                                    ASSOCIATION, as Trustee

                                    By: /s/ John J. Cashin
                                        -----------------------------
                                    Name:  John J. Cashin
                                    Title: Vice President

                                    /s/ Jeffrey W. Nitta
                                    ---------------------------------
                                    JEFFREY W. NITTA, as Trustee
**CERTIFICATION**

|   | 1. | The                  quarterly report on Form 10-Q of the Company for the period ended                  October                  2, 2005 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 such Form 10-Q fairly presents, in accordance                  with United States generally accepted accounting principles, in                  all                  material respects, the financial condition and results of operations                  of                  the Company. |
|--------|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   |  /s/LARRY                  W. SINGLETON Larry                  W. SingletonPresident                  andChief                  Executive Officer /s/RICHARD                  P. MCCOOK Richard                  P. McCookExecutive                  Vice President, Chief                  Financial Officer and Treasurer |
|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

----
§ 161.9 Designation of noise description methods. For purposes of this part, the following requirements apply: ( a ) The sound level at an airport and surrounding areas, and the exposure of individuals to noise resulting from operations at an airport, must be established in accordance with the specifications and methods prescribed under appendix A of 14 CFR part 150; and
( b ) Use of computer models to create noise contours must be in accordance with the criteria prescribed under appendix A of 14 CFR part 150.
Exhibit 12.2




Certification
Pursuant to 18 U.S.C. Section 1350, As
Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002




In
connection with the Annual Report of ICON plc (the “Company”) on Form 20-F for
the year ending December 31, 2008, as filed with the Securities and Exchange
Commission on the date hereof (the “Report”), I, Peter Gray, Chief Executive
Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to my
knowledge:




(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 result of operations of the Company.




Date:     February
19, 2009


/s/
      Peter GrayPeter
      GrayChief
      Executive Officer




The
foregoing certification is being furnished solely pursuant to section 906 of the
Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63
of title 18, United States Code) and is not being filed as part of the report or
as a separate disclosure document. A signed original of this written statement
required by section 906 has been provided to ICON plc and will be retained by
ICON plc and furnished to the Securities and Exchange Commission or its staff
upon request.









Certification
Pursuant to 18 U.S.C. Section 1350,


As
Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002




In
connection with the Annual Report of ICON plc (the “Company”) on Form 20-F for
the year ending December 31, 2008, as filed with the Securities and Exchange
Commission on the date hereof (the “Report”), I, Ciaran Murray, Chief Financial
Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted
pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to my
knowledge:




(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 result of operations of the Company.




Date:     February
19, 2009


/s/Ciaran
      MurrayCiaran
      MurrayChief
      Financial Officer




The
foregoing certification is being furnished solely pursuant to section 906 of the
Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63
of title 18, United States Code) and is not being filed as part of the report or
as a separate disclosure document. A signed original of this written statement
required by section 906 has been provided to ICON plc and will be retained by
ICON plc and furnished to the Securities and Exchange Commission or its staff
upon request.
UNITED STATES DEPARTMENT OF THE INTERIOR PREPARED IN COOPERATION WITH THE BULLETIN 1028-U
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Attu 1:250,000, 1953 1 % 0 4 3 3 4 MILES R.E. Wilcox, J. P. Schafer, and
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STRUCTURAL TREND MAP OF AGATTU, NEAR ISLANDS, ALASKA

407-856 O - 71 (In pocket)
#### § 1807.100 Purpose.

The purpose of the Capital Magnet Fund (CMF) is to attract private capital for and increase investment in Affordable Housing Activities and related Economic Development Activities in every State of the United States, the District of Columbia, or territories of the United States.
<PAGE>

                                                                    EXHIBIT 10.4

                        PRODUCT DISCLOSURE AND AGREEMENT

This Produce Disclosure and Agreement (this "Agreement"), dated as of 13/th/
January, 2000 between AbsoluteFuture.com, a Nevada corporation ("Employer"), and
William Antony McNamara, an individual ("Employee");

1    SafeMessage and LOCAL HARD DRIVE PRODUCT

1.1  Relation to LHD

Employer (Absolute Future, as represented by Graham Andrews) and Employee
(William Antony McNamara) hereby acknowledge that the SafeMessage product, as
defined in Attachment 1, is based upon and subject to the same terms as laid out
in the contracts entitled "Confidential Information, Inventions, Nonsolicitation
and Noncompetition Agreement" and "Employment Agreement", both signed on
26-November-1999.

1.2  Entitlement to Royalties

Employee is entitled to the same royalty agreement for SafeMessage as defined in
the aforementioned contracts.

2    ALL OTHER CLAUSES

All other clauses of the aforementioned contracts remain in full effect, and
apply to the SafeMessage product and work upon it exactly as upon the LHD
product and as they work upon that. This explicitly includes, but is not limited
not, clauses concerning breach, necessity of notice, assignment of rights, and
waivers.

3    AMENDMENTS IN WRITING

This contract shall serve as an amendment to the aforementioned contracts and
Agreements.

4    HEADINGS

All headings used herein are for convenience only and shall not in any way
affect the construction of, or be taken into consideration in interpreting, this
Agreement.

5    ENTIRE AGREEMENT

This Agreement (including the Noncompetition Agreement) on and as of the date
hereof constitutes the entire agreement between Employer and Employee with
respect to the subject matter hereof and all prior or contemporaneous oral or
written communications, understandings or agreements between Employer and
Employee with respect to such subject matter are hereby superseded and nullified
in their entireties.
<PAGE>

IN WITNESS WHEREOF, the parties have executed and entered into this Agreement on
the date set forth above.

                                   EMPLOYEE:


                                   /s/ William Antony McNamara
                                   ---------------------------------------------

                                   EMPLOYER:



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

                                   By  /s/ Graham Andrews
                                     -------------------------------------------
                                     Its  President
                                        ----------------------------------------
§ 1252.402 Mediation. ( a ) Referral of complaints for mediation. NASA will refer to the Federal Mediation and Conciliation Service all complaints that: ( 1 ) Fall within the jurisdiction of the Act and these regulations; and
( 2 ) Contain all information necessary for further processing.
( b ) Both the complainant and the recipient shall participate in the mediation process to the extent necessary to reach an agreement or make an informed judgment that an agreement is not possible. There must be at least one meeting with the mediator before NASA will accept a judgment that an agreement is not possible. However, the recipient and the complainant need not meet with the mediator at the same time.
( c ) If the complainant and the recipient reach an agreement, the mediator shall prepare a written statement of the agreement and have the complainant and recipient sign it. The mediator shall send a copy of the agreement to NASA. NASA will take no further action on the complaint unless the complainant or the recipient fails to comply with the agreement. However, NASA retains the right to monitor the recipient's compliance with the agreement.
( d ) The mediator shall protect the confidentiality of all information obtained in the course of the mediation process. No mediator shall testify in any adjudicative proceeding, produce any document, or otherwise disclose any information obtained in the course of the mediation process without prior approval of the head of the mediation agency.
( e ) NASA will use the mediation process for a maximum of 60 days after receiving a complaint.
( f ) Mediation ends if: ( 1 ) 60 days elapse from the time NASA receives the complaint; or
( 2 ) Prior to the end of that 60-day period, an agreement is reached; or
( 3 ) Prior to the end of that 60-day period, the mediator determines that an agreement cannot be reached.
( g ) The mediator shall return unresolved complaints to NASA.