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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DEWEY STEVEN TERRY,

Plaintiff

- Appellant,

v.

PHILLIP EARLEY; et al.,

Defendants

- Appellees. No. 17

- 15184

D.C. No. 3:13

- cv

- 01227

- EMC

MEMORANDUM *

Appeal from the United States District Court

for the Northern District of California Edward M. Chen, District Judge, Presiding

Submitted November 15, 2017 **

Before: CANBY, TROTT

, and GRABER, Circuit Judges

.

Dewey Steven Terry, a California state prisoner, appeals pro se from the

district court’s summary judgment in his 42 U.S.C. § 1983 action alleging that

defendants were deliberately indifferent to his health and safety

. We have

jurisdiction under 28 U.S.C. § 1291. We review de novo. Wallis v. Baldwin , 70

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

NOV 21 2017

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2

17

- 15184

F.3d 1074, 1076 (9th Cir. 1995). We affirm.

The district court properly granted summary judgment on Terry’s Eighth

Amendment claim because Terry failed to raise a genuine dispute of material fact

as to whether “he himself [wa]s being exposed to unreasonably high levels” of

asbestos and lead. Helling v. McKinney , 509 U.S. 25, 3 5

- 36 (199 3 ) (setting forth

evidence needed to prevail on a claim of deliberate indifference based on exposure

to second

- hand smoke) ; see also Wallis , 70 F.3d at 1077.

The district court properly granted summary judgment on Terry’s state law

claims because Terry did not comply with the claim

- presentment requirement of

the California Government Claims Act. See Cal. Gov’t Code § 911.2 ; Ellis v. City

of San Diego, Cal. , 176 F.3d 1183, 1190 (9th Cir. 1999) ; California v. Superior

Court (Bodde)

, 90 P.3d 116, 122 (Cal. 2004).

The district court did not abuse its discretion in denying Terry’s motion to

alter or amend the judgment because Terry failed to demonstrate any grounds for

such relief

. See Dixon v. Wallowa County , 336 F.3d 1013, 1022 (9th Cir. 2003)

(setting forth stan dard of review and requirements for granting relief under Fed. R.

Civ. P. 59(e))

.

Appellee Young’s request to strike settlement documents attached to Terry’s

filings, set forth in his answering brief, is granted. T he Clerk of Court is hereby

directed to strike Exhibit 1 to Docket Entr ies 10, 12, and 29 because all three of the3

17

- 15184

exhibits contain confidential settlement information.

AFFIRMED.
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**




In
      connection with the Quarterly Report of Emtec, Inc. (the “Company”) on Form 10-Q
      for the period ending February 29, 2008 as filed with the Securities and
      Exchange Commission on the date hereof (the “Report”), I, Stephen C. Donnelly,
      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:




(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.




/s/
                Stephen C. DonnellyChief
                Financial OfficerApril
                14, 2008
#### § 105-74.210 To whom must I distribute my drug-free workplace statement?

You must require that a copy of the statement described in § 105-74.205 be given to each employee who will be engaged in the performance of any Federal award.
Presidential Documents

38713

Federal Register

Vol. 65, No. 121

Thursday, June 22, 2000

Title 3—

The President

Presidential Determination No. 2000–24 of June 16, 2000

Suspension of Limitations Under the Jerusalem Embassy Act

Memorandum for the Secretary of State

Pursuant to the authority vested in me as President by the Constitution

and the laws of the United States, including section 7(a) of the Jerusalem

Embassy Act of 1995 (Public Law 104–45) (the ‘‘Act’’), I hereby determine

that it is necessary to protect the national security interests of the United

States to suspend for a period of 6 months the limitations set forth in

sections 3(b) and 7(b) of the Act.

You are hereby authorized and directed to transmit this determination to

the Congress, accompanied by a report in accordance with section 7(a)

of the Act, and to publish the determination in the Federal Register.

This suspension shall take effect after transmission of this determination

and report to the Congress.

THE WHITE HOUSE,

Washington, June 16, 2000.

œ–

[FR Doc. 00–15956

Filed 6–21–00; 8:45 am]

Billing code 4710–10–M
No. 11-9336.

#### Braden *v.*United States.

C. A. 10th Cir. Certiorari denied.
<PAGE>

                                                                      Exhibit 32

                                 CERTIFICATIONS

In connection with the quarterly report on Form 10-Q for the quarter ended June
30, 2004 of AIG SunAmerica Life Assurance Company as filed with the Securities
and Exchange Commission on the date hereof (the Report), each of, Jay S.
Wintrob, Chief Executive Officer of the Company, and N. Scott Gillis, Senior
Vice President and Chief Financial Officer of the Company, hereby certify,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

      (1)   The Report fully complies with the requirements of Section 13(a) or
            15(d) of the Securities and Exchange Act of 1934, as amended; and

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

                                            /s/  JAY S. WINTROB
                                            ------------------------------------
                                            Jay S. Wintrob
                                            Chief Executive Officer

                                            /s/  N. SCOTT GILLIS
                                            ------------------------------------
                                            N. Scott Gillis
                                            Senior Vice President and
                                            Chief Financial Officer

Date: August 13, 2004

                                       43
No. 10-11024.

#### Rose *v.*Evans, Warden.

C. A. 9th Cir. Cer-tiorari denied.
IIB

106TH CONGRESS

1ST SESSION H. R. 686

IN THE SENATE OF THE UNITED STATES

MAY 5, 1999

Received; read twice and referred to the Committee on Environment and

Public Works

AN ACT

To designate a United States courthouse in Brownsville,

Texas, as the ‘‘Garza-Vela United States Courthouse’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 686 RFS

1 SECTION 1. DESIGNATION.

2 The United States courthouse located at the corner

3 of Seventh Street and East Jackson Street in Brownsville,

4 Texas, shall be designated and known as the ‘‘Garza-Vela

5 United States Courthouse’’.

6 SEC. 2. REFERENCES.

7 Any reference in a law, map, regulation, document,

8 paper, or other record of the United States to the United

9 States courthouse referred to in section 1 shall be deemed

10 to be a reference to the ‘‘Garza-Vela United States Court11 house’’.

Passed the House of Representatives May 4, 1999.

Attest: JEFF TRANDAHL,

Clerk.
No. 10-11204.

#### Gates *v.*Walsh, Superintendent, State Correctional Institution at Dallas, et al.

C. A. 3d Cir. Certiorari denied.
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department
54 CAF 11-01684 PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, WHALEN, AND MARTOCHE, JJ.

IN THE MATTER OF LOKI C.

--------------------------------------- CATTARAUGUS COUNTY DEPARTMENT OF SOCIAL ORDER SERVICES, PETITIONER-RESPONDENT; RONNIE C., RESPONDENT-APPELLANT. (APPEAL NO. 3.)

CARR SAGLIMBEN LLP, OLEAN (JAY D. CARR OF COUNSEL), FOR RESPONDENT-APPELLANT. STEPHEN J. RILEY, OLEAN, FOR PETITIONER-RESPONDENT. SCHAVON R. MORGAN, ATTORNEY FOR THE CHILD, MACHIAS, FOR LOKI C.
Appeal from an order of the Family Court, Cattaraugus County (Larry M. Himelein, J.), entered July 7, 2011 in a proceeding pursuant to Social Services Law § 384-b. The order terminated the parental rights of respondent. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: February 1, 2013 Frances E. Cafarell Clerk of the Court
<TABLE> <S> <C>



<ARTICLE> 5

                                                 EXHIBIT 27

<LEGEND> THIS SCHEDULE CONTAINS SUMMARY FINANCIAL
         INFORMATION EXTRACTED FROM THE AMERICAN
         HOME PRODUCTS CORPORATION AND SUBSIDIARIES
         CONSOLIDATED CONDENSED BALANCE SHEET AS OF
         JUNE 30, 1997 AND CONSOLIDATED CONDENSED
         STATEMENT OF INCOME FOR THE SIX MONTHS
         ENDED JUNE 30, 1997, AND IS QUALIFIED IN
         ITS ENTIRETY BY REFERENCE TO SUCH
         FINANCIAL STATEMENTS.


<MULTIPLIER> 1,000
       
<S>                              <C>
<PERIOD-TYPE>                 6-MOS
<FISCAL-YEAR-END>                               DEC-31-1997
<PERIOD-END>                                    JUN-30-1997
<CASH>                                              962,196
<SECURITIES>                                          5,717
<RECEIVABLES>                                     3,206,622
<ALLOWANCES>                                              0
<INVENTORY>                                       2,494,937
<CURRENT-ASSETS>                                  7,657,578
<PP&E>                                            6,545,396
<DEPRECIATION>                                    2,390,254
<TOTAL-ASSETS>                                   21,428,544
<CURRENT-LIABILITIES>                             4,511,565
<BONDS>                                           5,952,425
<COMMON>                                            215,827
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                              76
<OTHER-SE>                                        7,366,731
<TOTAL-LIABILITY-AND-EQUITY>                     21,428,544
<SALES>                                           7,102,777
<TOTAL-REVENUES>                                  7,102,777
<CGS>                                             2,090,940
<TOTAL-COSTS>                                     2,090,940
<OTHER-EXPENSES>                                    751,808
<LOSS-PROVISION>                                          0
<INTEREST-EXPENSE>                                  201,509
<INCOME-PRETAX>                                   1,441,799
<INCOME-TAX>                                        406,030
<INCOME-CONTINUING>                               1,035,769
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                           0
<CHANGES>                                                 0
<NET-INCOME>                                      1,035,769
<EPS-PRIMARY>                                          1.58
<EPS-DILUTED>                                          1.57
        


</TABLE>
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

JANVIER THOMAS,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 254 EAL 2018

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 3rd day of October, 2018, the Petition for Allowance of Appeal is 

DENIED.
#### § 105-8.150 Program accessibility: Existing facilities.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Stephen J. Markman

Mary Be th Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein,

Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

March 31, 2015

p0323 

# Order

Clerk March 31, 2015

149523

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 149523

COA: 308066

Kent CC: 11

- 003416

- FC

SIMON JOSEPH AGUILAR,

Defendant

- Appellant.

____________________________________/

On order of the Court, the application for leave to appeal the April 2 9, 2014

judgment of the Court of Appeals is considered, and it is DENIED, because we are not

persuaded that the questions presented should be reviewed by this Court.
Exhibit






FIFTH AMENDMENT TO THE
GPI SAVINGS PLAN
(As Amended and Restated Effective January 1, 2015)


WHEREAS, Graphic Packaging International, Inc. (the “Company”) maintains for the benefit of its employees the GPI Savings Plan (the “Plan”); and


WHEREAS, Section 13.1 of the Plan authorizes the Board of Directors of Graphic Packaging Holding Company (the “Board”) to amend the Plan at any time; and


WHEREAS, the Board has delegated to the Retirement Committee of Graphic Packaging International, Inc. (the “Retirement Committee”) the responsibility to make certain amendments to the Plan; and


WHEREAS, the Retirement Committee deems it desirable to amend the Plan to reflect the relief for Participants impacted by Hurricane Matthew on or after October 3, 2016, as described in Internal Revenue Service Announcement 2016-39 and other Treasury Department guidance;


NOW, THEREFORE, BE IT RESOLVED, effective as of October 3, 2016, the Plan is hereby amended by adding the following new Section 9.12:


9.12    Certain Hurricane Matthew-Related Hardship Withdrawals.


With respect to any Participant whose (i) principal residence on October 4, 2016, (October 3, 2016, for Florida) was located in one of the counties identified for individual assistance by the Federal Emergency Management Agency because of the devastation caused by Hurricane Matthew, (ii) place of employment was located in one of these counties on that applicable date, or (iii) whose lineal ascendant or descendant, dependent, or Spouse had a principal residence or place of employment in one of these counties on that date, a hardship withdrawal may be made in accordance with IRS Announcement 2016-39 and other Treasury Department guidance, the provisions of which are incorporated herein by reference.


[Signature on following page]
    


1





BE IT FURTHER RESOLVED, that the Retirement Committee has approved this Fifth Amendment to the GPI Savings Plan this 10th day of November, 2016.


GRAPHIC PACKAGING INTERNATIONAL, INC. RETIREMENT COMMITTEE MEMBERS


    
By:  /s/ Brad Ankerholz                
Brad Ankerholz


By:  /s/ Carla J. Chaney                
Carla J. Chaney


By:  /s/ Debbie Frank                  
Debbie Frank


By:  /s/ Stephen Scherger                
Stephen Scherger


By:  /s/ Brian A. Wilson                
Brian A. Wilson










W:\4577.005\Docs\5th Amend GPI Savings (1-1-2015 restatement).docx


2
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

NO. CAAP-22-0000424

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

IN THE MATTER OF MAXIMO P. ESTEBAN TRUST DATED MAY 20, 1993

APPEAL FROM THE CIRCUIT COURT OF THE FIRST CIRCUIT

(TRUST NO. 1TR121000204)

ORDER GRANTING MOTION FOR DISMISSAL

(By: Ginoza, Chief Judge, Wadsworth and Nakasone, JJ.)

Upon review of Petitioner/Successor Trustee of the

MAXIMO P. ESTEBAN TRUST DATED MAY 20, 1993/Attorney-Appellee Gary

Y. Shigemura's September 14, 2022 "Motion to Strike Notice of

Appeal Filed July 2, 2022 Appealing a Portion of the Circuit

Court's Minute Order ROA DKT #875 MORD as Set Forth in Appellee's

Statement Contesting Jurisdiction in Civil Appeal Docketing

Statement ROA DKT 928 CA" (Motion), which we construe as a motion

to dismiss the appeal for lack of jurisdiction, the papers in

support, the record, and there being no opposition, it appears

that we lack appellate jurisdiction over Respondent-Appellant

Veronica Esteban's appeal from the Circuit Court of the First

Circuit's (circuit court) June 3, 2022 "Minute Order Re: Petition

to Sell 3007 Numana Road, Honolulu, Hawaii 96819, Filed on March

9, 2022" (Minute Order), because the circuit court has not

entered a final appealable order or judgment, and the Minute

Order is not independently appealable.

Pursuant to Hawai#i Probate Rules (HPR) Rule 34,

appeals from proceedings arising under Hawai#i Revised Statutes

(HRS) Chapter 560 (Uniform Probate Code) are permitted only from: 

Electronically Filed

Intermediate Court of Appeals

CAAP-22-0000424

04-OCT-2022

07:54 AM

Dkt. 17 OGMD
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

a final judgment concluding the proceeding; an order that does

not finally end the proceeding, but is certified for appeal in

the manner provided by Hawai#i Rules of Civil Procedure (HRCP)

Rule 54(b); or an order certified for interlocutory appeal in

accordance with HRS § 641-1(b). 

Here, the circuit court has not entered a final

judgment, and it has not certified the Minute Order for appeal

under HRCP Rule 54(b) or HRS § 641-1(b). Therefore, the Minute

Order is not appealable under HPR Rule 34. 

Further, the Minute Order is not independently

appealable under the collateral-order doctrine or the Forgay1

doctrine, as it does not, respectively, resolve an important

issue completely separate from the merits of the action or

execute against an interest in real property. See Greer v.

Baker, 137 Hawai#i 249, 253, 369 P.3d 832, 836 (2016) (reciting

the requirements for appeals under the collateral-order doctrine

and the Forgay doctrine).

Therefore, IT IS HEREBY ORDERED that the Motion is

granted, and the appeal is dismissed for lack of appellate

jurisdiction.

DATED: Honolulu, Hawai#i, October 4, 2022.

/s/ Lisa M. Ginoza

Chief Judge

/s/ Clyde J. Wadsworth

Associate Judge

/s/ Karen T. Nakasone

Associate Judge 

1 See Forgay v. Conrad, 47 U.S. 201 (1848).

2
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 Quarterly Report of Wyeth (the Company) on Form 10-Q for the fiscal quarter ended
June 30, 2008, as filed with the Securities and Exchange Commission on August 4, 2008 (the Report), I, Bernard Poussot, Chairman, President and 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:

(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.

Dated: August 4, 2008



By:

/s/    Bernard PoussotBernard Poussot Chairman, President and Chief Executive Officer
EXHIBIT A

Case 1:22-cv-23753-KMM Document 141-1 Entered on FLSD Docket 04/14/2023 Page 1 of 3
1/23/23, 9:55 AM Search | California Secretary of State

https://bizfileonline.sos.ca.gov/search/business 1/2

GOLDEN STATE WARRIORS, LLC

(200420110060)

Request

Certificate

07/19/2004

Active

Good

Good

Good

Good

CALIFORNIA

Limited Liability Company -

CA

1 WARRIORS WAY

SAN FRANCISCO, CA

94158

1 WARRIORS WAY

SAN FRANCISCO,CA94158

07/31/2024

1505 Corporation

112

C T CORPORATION

SYSTEM

28 LIBERTY STREET

NEW YORK, NY 10005

AMANDA GARCIA

330 N BRAND BLVD,

GLENDALE, CA

GABRIELA SANCHEZ

330 N BRAND BLVD,

GLENDALE, CA

DAISY MONTENEGRO

330 N BRAND BLVD,

GLENDALE, CA

BEATRICE CASAREZBARRIENTEZ

330 N BRAND BLVD,

GLENDALE, CA

JESSIE GASTELUM

330 N BRAND BLVD,

GLENDALE, CA

Initial Filing Date

Status

Standing - SOS

Standing - FTB

Standing - Agent

Standing - VCFCF

Formed In

Entity Type

Principal Address

Mailing Address

Statement of Info

Due Date

Agent

CA Registered

Corporate (1505)

Agent Authorized

Employee(s)

Case 1:22-cv-23753-KMM Document 141-1 Entered on FLSD Docket 04/14/2023 Page 2 of 3
1/23/23, 9:55 AM Search | California Secretary of State

https://bizfileonline.sos.ca.gov/search/business 2/2

JOHN MONTIJO

330 N BRAND BLVD,

GLENDALE, CA

DIANA RUIZ

330 N BRAND BLVD,

GLENDALE, CA

SARAI MARIN

330 N BRAND BLVD,

GLENDALE, CA

EMANUEL JACOBO

330 N BRAND BLVD,

GLENDALE, CA

GLADYS AGUILERA

330 N BRAND BLVD,

GLENDALE, CA

VIVIAN IMPERIAL

330 N BRAND BLVD,

GLENDALE, CA

CARLOS PAZ

330 N BRAND BLVD,

GLENDALE, CA

ALBERTO DAMONTE

330 N BRAND BLVD,

GLENDALE, CA

PETER CAYETANO

330 N BRAND BLVD,

GLENDALE, CA

ELSA MONTANEZ

330 N BRAND BLVD,

GLENDALE, CA

XENIA PEREZ

330 N BRAND BLVD,

GLENDALE, CA

YESENIA CARPENTER

330 N BRAND BLVD,

GLENDALE, CA

Case 1:22-cv-23753-KMM Document 141-1 Entered on FLSD Docket 04/14/2023 Page 3 of 3
MEMORANDUM 

DATE: 7/31/2015

TO: Clean Power Plan for Existing Power Plants; Docket Id: OAR–2013-0602

FROM: Mike Gordon, EPA Region 3

SUBJECT: 6/12/15 Meeting with Region 3 State Secretaries

SUMMARY

On June 12, 2015 EPA attended a meeting with the State Secretaries or representatives 

from Region 3 to discuss the proposed Clean Power Plan for Existing Power Plants. The Clean 

Power Plan for Existing Power Plants was proposed on June 2, 2014.

ATTENDEES

Mike Gordon, EPA Region 3

Dave Arnold, EPA Region 3

Shawn Garvin, EPA Region 3
EXHIBIT 32.2

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER PURSUANT TO RULE 13a-14(b)/RULE 15d-

14(b) OF THE
SECURITIES EXCHANGE ACT OF 1934, AS AMENDED

In connection with the Quarterly Report on Form 10-Q of Analogic Corporation (the
Company) for the period ended January 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, John J. Millerick, Chief Financial Officer of the Company, hereby
certifies, pursuant to 18 U.S.C. Section 1350, that:

(1) the Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and

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



|                    |  |                              
|------------------- |  | -----------------------------
|Date: March 8, 2007 |  |                              
|                    |  | /s/ John J. Millerick        
|                    |  | John J. Millerick            
|                    |  | Chief Financial Officer      
|                    |  | (Principal Financial Officer)
## 58 © 2015 DJI. All Rights Reserved. 

### © 2015 DJI. All Rights Reserved. 

### The content is subject to change. Download the latest version from http://www.dji.com/phantom3

If you have any questions about this document, please contact DJI by sending a message to DocSupport@dji.com

.
382P15

#### State v. Richard Jackson Hall

Def’s *Pro Se*Petition for *Writ of Certiorari*to Review Order of COA (COAP15-767)

Denied