alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 99-3637

___________ In re: Popkin & Stern, * * Debtor, * *

---------------------- * * Robert J. Blackwell, Liquidating * Trustee of the Popkin & Stern * On Appeal from the United Liquidating Trust, * United States Bankruptcy * Appellate Panel for Appellee, * the Eighth Circuit. * v. * [Not To Be Published] * Ronald U. Lurie; * * Appellant, * * Daniel L. Dierdorf; James W. Hart, * * Intervenors Below * Appellees. *

___________ Submitted: October 18, 2000 Filed: October 27, 2000

___________ Before RICHARD S. ARNOLD, HANSEN, and BYE, Circuit Judges.

___________1 The Honorable Barry S. Schermer, United States Bankruptcy Judge for the

Eastern District of Missouri.
-2- PER CURIAM.

Ronald Lurie appeals from a final order of the United States Bankruptcy Appellate Panel affirming the Bankruptcy Court’s 1 grant of permission to the bankruptcy trustee to sell his judgment interest in certain stock of the debtor to intervenors Daniel Dierdorf and James Hart. We affirm.

The Court did not err in approving the transfer in accordance with the corporations’ shareholder agreements. In particular, we reject the debtor’s argument, whichis at the heart of this appeal, that his personal written notice of intent to transfer the stock was necessary before the bankruptcy trustee, who had succeeded to the debtor’s interest in the stock, could sell it to the intervenors. See 11 U.S.C. § 541(a) (property of bankruptcy estate includes all legal or equitable interests of debtor as of case commencement); Inre Gateway Pac. Corp. , 153 F.3d 915, 917 (8th Cir. 1998) (standard of review); Inre Schauer , 835 F.2d 1222, 1225 (8th Cir. 1987) (bankruptcy estate succeeds to only those rights in property that debtor had as of commencement of case, and is subject to all pre-existing limitations on those rights); Schwartz v. Custom Printing Co. , 926 S.W.2d 490, 493 (Mo. Ct. App. 1996) (cardinal rule in contract interpretation is to ascertain and give effect to parties’ intent, which is to be gathered from contract itself where it is unambiguous).
Accordingly, we affirm. See 8th Cir. R. 47B. The bankruptcy trustee’s motion to strike is denied as moot.-3-

A true copy.

Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
03/30/201 1 0G:4 0 FA X 202483514 2 FA A^ DM S §1001/00 2

UNITE D STATE S DEPARTMEN T O F TRANSPORTATIO N ''"A R } ^ ^« , FEDERA L AVIATIO N ADMINISTRATIO N NpAt^t., ^ ^' -



## _______ _^'^ ^ f^OCKE T FA ADocke t No . T o B e Assigned . I n th e Matte rof : ' t;_ ^ FA ACas e No . 2008SW290060r:- : .. J : MICHAE L KILDUFF , ' FDM S NO . FAA-2011-006 3 o '-^Q^ p * .-n--::r n Hon . Ronni e A . Yode r(Chie f Administrativ e LawJudge ) e n [.,o 

### PROPOSE D PROCEDURA L SCHEDUL E ^ COME S NO W th e Federa l Aviatio n Administratio n (FAA) . b yan d throug h th e Regiona l Counse l fo rth e Southwes t Region , an d pursuan t t o th e Orde ro f Chie f Administrativ e LawJudg e Ronni e A . Yode rserve d Februar y17 , 2011 , i n th e abov e style d an d numbere d cause , an d submit s th e followin g a s a Propose d Procedura l Schedule : 1 . Stipulation s b ypartie s shoul d b e file d byJul y22 , 2011 . 2 . Partie s shoul d submi t a lis t o f witnes s alon g wit h summar yo f thei rpropose d testimon yb yJul y22 , 2011 . Th e exchang e o f exhibit s an d discover yshoul d als o b e complete d byJul y22 , 2011 . 3 . Partie s hav e no t discusse d settlemen t a t thi s time . 4 . AgencyCounse l propose s tha t th e hearin g i n thi s cas e b e hel d i n Chicago , IL , sinc e on e o f Respondent' s witnesse s reside s a t tha t locatio n an d th e othe rtw o witnesse s ar e base d ou t o f Chicago , IL . Respectfull ysubmitted , DAVI D L . DONNEL L Actin g Regiona l Counse l Southwes t Regio n 

# -A. ^ .-' V l y 3 Yoland a Ayal a Bernal , Agenc yAttorne yDat e (817)222-507 003/30/201 1 06:4 0 FA X 202493514 2 FA A+ DM S @l002/00 2

CERTIFICAT E O F SERVIC E I hereb ycertifytha t a cop yo f th e foregoin g Propose d Procedura l Schedul e ha s bee n maile d thi s 8t h dayo f March , 2011 , b yCertifie d Mai l - Retu m Receip t Requested , to : Th e Honorabl e Ronni e A . Yode r Chie f Administrativ e La

wJudg e U.S . Departmen t o f Transportatio n Offic e o f Hearings . M-20 , Roo m E l 2-32 0 120 0 NewJerse yAvenue , S.E . Washington , D.C . 2059 0 I hereb ycertifytha t th e origina l an d on e cop yof th e foregoin g Propose d Procedura l Schedul e ha s bee n maile d thi s 8t h dayo f March , 2011 , b yCertifie d Mai l - Retur n Receip t Requested , to : Federa l Aviatio n Administratio n 

### 800 Independenc e Avenue , S.W. Washington . D.C . 2059 1 Attention : Hearin g Docke t Clerk , AGC-43 0

Wilbu rWrigh t Building-Suit e 2W100 0 I hereb ycertifytha t a cop yo f th e foregoin g Propose d Procedura l Schedul e ha s bee n maile d thi s 8t h da yo f March , 2011 , byCertifie d Mai l - Retur n Receip t Requested , to : Mr . Michae l Kilduff 43 0 Jackso n Stree t Woodstock , VA2266 4 

## llotMu^ ^ \!Jai(7fr

^ Kath yJ . Wilso n Progra m Analys t
§ 187.309 Content of certificate of title. ( a ) A certificate of title must contain— ( 1 ) The date the certificate was created;
( 2 ) The name of the owner of record and, if not all owners are listed, an indication that there are additional owners indicated in the files of the office;
( 3 ) The mailing address of the owner of record;
( 4 ) The hull identification number (HIN);
( 5 ) The information listed in § 187.307(b)(6);
( 6 ) Except as otherwise provided in § 187.315(b), the name and mailing address of the secured party of record, if any, and if not all secured parties are listed, an indication that there are other security interests indicated in the files of the office; and
( 7 ) All title brands indicated in the files of the office covering the vessel, including brands indicated on a certificate created by a governmental agency of another jurisdiction and delivered to the office.
( b ) This subpart does not preclude the office from noting on a certificate of title the name and mailing address of a secured party that is not a secured party of record.
( c ) For each title brand indicated on a certificate of title, the certificate must identify the jurisdiction under whose law the title brand was created or the jurisdiction that created the certificate on which the title brand was indicated. If the meaning of a title brand is not easily ascertainable or cannot be accommodated on the certificate, the certificate may state: “Previously branded in (insert the jurisdiction under whose law the title brand was created or whose certificate of title previously indicated the title brand).”
( d ) If the files of the office indicate that a vessel was previously registered or titled in a foreign country, the office must indicate on the certificate of title that the vessel was registered or titled in that country.
( e ) A written certificate of title must contain a form that all owners indicated on the certificate may sign to evidence consent to a transfer of an ownership interest to another person. The form must include a certification, signed under penalty of perjury, that the statements made are true and correct to the best of each owner's knowledge, information, and belief.
( f ) A written certificate of title must contain a form for the owner of record to indicate, in connection with a transfer of an ownership interest, that the vessel is hull damaged.
Exhibit 32.1

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 Regeneration Technologies, Inc. (the Company) on
Form 10-K for the year ended December 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Brian K. Hutchison, Chairman, President and Chief Executive Officer of the Company, hereby
certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, and to the best of my knowledge, 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 at the end of, and for, the
period covered by the Report.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: February 27, 2008



/s/ Brian K. HutchisonName:

Brian K. HutchisonTitle:

Chairman, President and Chief Executive Officer


The foregoing certification is being furnished solely pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 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 Regeneration Technologies, Inc. and will
be retained by Regeneration Technologies, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
### DEPT U.S. DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

In the matter of: ) ) 

### [r--Ali FAA Docket No. CP09ALOOIl \ ) Judge Richard C. Goodwin ) Hearing Date: January 29,**~@;E\VED** MESA AIRLINES, INC. ) Location: Phoenix, AZ ) 

### JAl'l**~** 

### :3 

### REC'D HEARING DOCKET COMPLAINANT'S MOTION FORA CONTINUANCE OF HEARING Pursuant to 14 C.F.R. § 13.218 ofthe Rules ofPractice in Federal Aviation Administration Civil Penalty Actions the Federal Aviation Administration ("FAA" or "Complainant") hereby files this motion for a continuance ofthe hearing in this matter. In support ofthis Motion for a Continuance ofHearing, the Complainant states as follows: 1. Ahearing in this matter is scheduled for January 29,2010. 2. The Respondent, Mesa Airlines, filed a petition for bankruptcy on January 5, 2010. 3. The Complainant and the Respondent are in the process ofsettling the case, but must wait for the approval ofthe bankruptcy trustee. Considering the extenuating circumstances, a continuance in this case would be in the best interest ofthe public and ofeach party. 4. Counsel for the Complainant contacted counsel for the Respondent regarding this motion on January 26,2010; counsel for the Respondent stated that he does not oppose this motion. WHEREFORE, the Complainant respectfully requests that this motion for a continuance of hearing be granted and that the hearing in this matter be continued.

# , 2

Date: January 26, 2010 Respectfully submitted, Peter J. Lynch Assistant ChiefCounsel Enforcement Division, AGC-300

# ri~~,~ Laura E. Jennings**~** Attorney, AGC-300 Federal Aviation Administration Office ofthe ChiefCounsel 800 Independence Ave., S.W. Washington, D.C. 20591 Telephone: (202) 267-3452 Facsimile: (202) 267-51063

Certificate ofService I hereby certify that on this date I delivered in person the original and one copy ofthe Complainant's motion for a continuance ofhearing

### In the Matter of MesaAirlines, Inc., FAA Docket No. CP09ALOOll addressed to: Federal Aviation Administration 600 Independence Avenue, SW Wilbur Wright Building

- Suite 2WlOOO Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 In addition, I hereby certifY that onthis date sent by facsimile a copy ofthe Complainant's motion for a continuance ofhearing 

### In the Matter of MesaAirlines, Inc., FAA Docket No. CP09AL0011 addressed to: Christopher Pappaioanou Vice President, Legal Affairs Mesa Air Group 410 N. 44th Street, Suite 100 Phoenix, AZ 85008 Facsimile: 602-225-1462 Honorable Richard C. Goodwin Administrative Law Judge Office ofHearing, M-20, Department ofTransportation 1200 NewJersey Avenue, S.B. East Building Ground Floor, Room E12-320 Washington, D.C. 20590 Facsimile: 202-366-7536

# E,O~~ t/ Dated: January 26, 2010
#### § 187.9 What is a vessel identifier and how is one assigned?

(a) The vessel identifier for a vessel having a valid HIN is the HIN.

(b) If a vessel does not have a valid HIN, a vessel identifier is assigned under the following table:

| If the vessel is: | And does not have a valid HIN: | Then the vessel identifier is: |
| --- | --- | --- |
| (1) Documented | | The official number assigned by the Coast Guard under 46 CFR part 67. |
| (2) Documented | And is transferred to a new owner | The HIN assigned by the Coast Guard. |
| (3) Undocumented | And must be numbered under 33 CFR parts 173 and 174 | The number issued on a certificate of number by the issuing authority of the State of principal operation, provided the number will not be used in the future to identify a different vessel. |
| (4) Undocumented | And is transferred to a new owner | The HIN assigned by the issuing authority of the State of principal operation. |
| (5) Undocumented | And the vessel is required to be numbered or titled in a new State of principal operation | The HIN assigned by the issuing authority of the State of principal operation. |

Table 187.9(b)—Vessel Identifier Assignments
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Case 1:22-cr-20392-KMW Document 1 Entered on FLSD Docket 08/26/2022 Page 6 of 6
§ 20.502 Settlements. ( a ) The parties may submit a proposed settlement to the ALJ.
( b ) The proposed settlement must be in the form of a proposed decision, accompanied by a motion for its entry. The decision must recite the reasons that make it acceptable, and it must be signed by the parties or their representatives.
( c ) The proposed decision must contain— ( 1 ) An admission of all jurisdictional facts;
( 2 ) An express waiver of— ( i ) Any further procedural steps before the ALJ; and
( ii ) All rights to seek judicial review, or otherwise challenge or contest the validity, of the decision;
( 3 ) A statement that the decision will have the same force and effect as would a decision made after a hearing; and
( 4 ) A statement that the decision resolves all matters needing to be adjudicated.
[Civ. No. 10580.

First Appellate District, Division One.

June 14, 1937.]

#### J. HENRY HARRIS, Petitioner, v. JUSTICE’S COURT OF THE CITY OF BERKELEY et al., Respondents,

Philip B. Beggs for Petitioner.

THE COURT.

The judgment of a police or justice's court will not be reviewed on *certiorari*after appeal is taken therefrom and determined in the superior court. (Roberts v. *Police Court,*185 Cal. 65 [195 Pac. 1053] ; *Sears*v. *Superior Court,*133 Cal. App. 704 [24 Pac. (2d) 842]; *Los Angeles Bond etc. Co.*v. *Superior Court,*1 Cal. App. (2d) 634 [37 Pac. (2d) 159].)

The writ is denied.
```

[Federal Register Volume 76, Number 176 (Monday, September 12, 2011)]
[Notices]
[Page 56208]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23255]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2011-0063]

Homeland Security Advisory Council, Correction

AGENCY: The Office of Policy, DHS.

ACTION: Notice of Open Teleconference Federal Advisory Committee 
Meeting; correction.

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

SUMMARY: The Office of Policy published a notice of meeting for the 
Homeland Security Advisory Council in the Federal Register on September 
6, 2011. The document contained an incorrect time.

FOR FURTHER INFORMATION CONTACT: Mike Miron, 202-447-3135.

Correction

    In the Federal Register of September 6, 2011, in FR Doc. 2011-
22618, on page 55079, in the first column, correct the DATES caption to 
read: The HSAC conference call will take place from 2 p.m. to 3 p.m. 
EDT on Thursday, September 22, 2011. Please be advised that the meeting 
is scheduled for one hour and may end early if all business is 
completed before 3 p.m.

    Dated: September 7, 2011.
Becca Sharp,
Executive Director, Homeland Security Advisory Council, DHS.
[FR Doc. 2011-23255 Filed 9-9-11; 8:45 am]
BILLING CODE 9110-9M-P
```
Exhibit A

Case 1:22-cv-22671-CMA Document 113-1 Entered on FLSD Docket 08/14/2023 Page 1 of 3
Samuel Alexander <samuel@alexanderappeals.com>

******3-DAY******FW: On-line Non-Appeal Transcript Order Form

FLSD Transcript Requests <Transcript_Requests@flsd.uscourts.gov> Tue, Jul 25, 2023 at 2:40 PM

To: Stephanie McCarn <Stephanie_McCarn@flsd.uscourts.gov>

Cc: FLSD Transcript Requests <Transcript_Requests@flsd.uscourts.gov>, "samuel@alexanderappeals.com"

<samuel@alexanderappeals.com>

Good afternoon, Stephanie

Please find this 3-Day transcript request below for:

22-cv-22671 BATISTA et al v. AVANT ASSURANCE INC. et al 7/10/2023, 7/11/2023, 7/12/2023, 7/13/2023 & 7/14/2023 

McCarn

Thank you,

Matilde Valdez

Court Reporter Coordinator

U.S. District Court-Southern Division

Clerk’s Office

400 N. Miami Avenue

Miami, FL 33128

Direct: (305) 523-5635/5676

Matilde_Valdez@flsd.uscourts.gov

-----Original Message-----

From: Southern District of Florida via Southern District of Florida <flsdweb@flsd.uscourts.gov> 

Sent: Tuesday, July 25, 2023 12:59 PM

To: FLSD Transcript Requests <Transcript_Requests@flsd.uscourts.gov>

Subject: On-line Non-Appeal Transcript Order Form

Submitted on Tuesday, July 25, 2023 - 12:58pm Submitted values are:

Requestor's Name: Avant Assurance, Inc.

MGmail

Case 1:22-cv-22671-CMA Document 113-1 Entered on FLSD Docket 08/14/2023 Page 2 of 3
Phone Number: (407) 907-4305

E-mail Address: samuel@alexanderappeals.com Mailing/Billing Address:

Alexander Appellate Law P.A.

120 S Woodland Blvd Suite 200

DeLand FL 32720

Date Requested: Tue, 07/25/2023

Magistrate Judge/District Judge: Hon. Cecilia Altonaga

Date(s) of Hearing(s): July 10, 11, 12, 13, 14 Type of Proceeding: Jury trial Case Number: 1:22-cv-22671-CMA Case

Name/Style: Avant Assurance, Inc.

Reporter Name/Digital Number: Stephanie McCarn Special Instructions: We need the transcripts in order to prepare

post-judgment motions, so we are requesting 3-day expedited, electronic delivery. We will request the appellate

transcripts later.

Shipment Option: E-mail

Account # (for Overnight Shipping via UPS,FedEx or DHL): 

Indicate transcript type desired. See cost below: 3-Day Expedited

NOTE: DUE TO A HIGH RISK VULNERABILITY A CONFIRMATION EMAIL WAS NOT SENT TO THE USER.

YOU COULD EMAIL THE USER A CONFIRMATION EMAIL.

Case 1:22-cv-22671-CMA Document 113-1 Entered on FLSD Docket 08/14/2023 Page 3 of 3
§ 125.35 Notice by Commandant. ( a ) The notice provided for in §§ 125.31 and 125.33 shall contain a statement of the reasons why the Commandant is not satisfied that the character and habits of life of the applicant or holder are such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States. Such notice shall be as specific and detailed as the interests of national security shall permit and shall include pertinent information such as names, dates, and places in such detail as to permit reasonable answer.
( b ) The applicant or holder shall have 20 days from the date of receipt of the notice of reasons to file written answer thereto. Such answer may include statements or affidavits by third parties or such other documents or evidence as the applicant or holder deems pertinent to the matters in question.
( c ) Upon receipt of such answer the procedure prescribed in § 125.29(b) shall be followed.
( d ) If the Commandant is satisfied that the character and habits of life of the applicant or holder are such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States, he shall, in the case of an applicant, direct that a Coast Guard Port Security Card be issued to the applicant, or, in the case of a holder, notify him accordingly.
( e ) If the Commandant is not satisfied that the applicant's or holder's character and habits of life are such as to warrant the belief that his presence on waterfront facilities, and port and harbor areas, including vessels and harbor craft therein, would not be inimical to the security of the United States, the Commandant shall refer the matter to a Hearing Board for hearing and recommendation in accordance with the provisions of this part.
#### § 794.129 Sales “made within the State” not limited to noncovered activity.

Sales to customers located in the same State as the establishment are sales made “within the State” even though such sales may constitute activity within the interstate commerce coverage of the Act, as where the sale (a) is made pursuant to prior orders from customers for goods to be obtained from outside the State; (b) contemplates the purchase of goods from outside the State to fill a customer's orders; or (c) is made to a customer for his use in interstate or foreign commerce or in the production of goods for such commerce.
Exhibit 32.2  CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  Pursuant to 18 U.S.C. Section 1350 (as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002), I, the undersigned Chief Financial Officer of Validian Corporation (the Corporation), hereby certify that, to the best of my knowledge, the Annual Report on Form 10-KSB of the Corporation, as amended by this Amendment No. 1 on Form 10-KSB/A, for the year ended December 31, 2006 (the Report) fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in the Report fairly presents, in all material respects, the financial condition and results of the operation of the Corporation as of, and for, the periods presented in the Report.  A signed original of this written statement required by Section 906 has been provided to the registrant and will be retained by it and furnished to the Securities and Exchange Commission or its staff upon request.  The foregoing certification is being furnished as an exhibit to the Form 10-KSB pursuant to Item 601(b)(32) of Regulation S-B and 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, accordingly, is not being filed as part of the Form 10-KSB for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.  Date:  May 29, 2007  By:  /s/ Ronald Benn Ronald Benn Chief Financial Officer