alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

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

without oral argument. See Fed. R. App. P. 34(a)(2). Accordingly, Lebbos’s

“Waiver of Argument,” filed on October 19, 2009 is denied as moot.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

In the matter of: BETSEY WARREN

LEBBOS.

BETSEY WARREN LEBBOS,

 Appellant,

 v.

LINDA SCHUETTE,

 Appellee.

No. 09-15668

D.C. No. 2:08-cv-01896-FCD

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Frank C. Damrell, Jr., District Judge, Presiding

Submitted October 25, 2011** 

Before: TROTT, GOULD, and RAWLINSON, Circuit Judges. 

Betsey Warren Lebbos appeals pro se from the district court’s order

FILED

NOV 01 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-15668

affirming the bankruptcy court’s order of February 13, 2008 awarding attorney’s

fees and costs to chapter 7 bankruptcy trustee Linda Schuette as a sanction against

Lebbos, and the bankruptcy court’s order of June 18, 2008 awarding additional

costs to Schuette as the prevailing party. We have jurisdiction under 28 U.S.C.

§ 158(d). We review independently the bankruptcy court’s orders. Leichty v.

Neary (In re Strand), 375 F.3d 854, 857 (9th Cir. 2004). We must consider

jurisdiction sua sponte. Greene v. United States (In re Souza), 795 F.2d 855, 857

n.1 (9th Cir. 1986). We affirm in part, vacate in part, and remand.

The bankruptcy court did not abuse its discretion by awarding Schuette costs

in its order of June 18, 2008. See Fed. R. Bankr. P. 7054(b) (stating that the

bankruptcy court may award costs to the prevailing party in an adversary

proceeding unless otherwise prohibited by federal or bankruptcy law); see also 28

U.S.C. § 1920 (listing recoverable costs). 

The district court lacked subject matter jurisdiction to review the February

13, 2008 order awarding attorney’s fees and costs because the notice of appeal was

untimely as to that award. See In re Souza, 795 F.2d at 857 (stating that a notice of

appeal must be filed within the time provided by Fed. R. Bankr. P. 8002 and “[t]he

untimely filing of the notice of appeal is jurisdictional”). Accordingly, we remand

to the district court with instructions to vacate the portion of its decision reviewing
3 09-15668

the February 13, 2008 order. See id. at 858.

Lebbos’s remaining contentions are unpersuasive.

Schuette shall recover her costs on appeal.

AFFIRMED in part, VACATED in part, and REMANDED.
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

JERRY DAVID HILL, et al., 

 Plaintiffs, Civil Action No. 14-12840 

 Honorable Denise Page Hood 

and Magistrate Judge David R. Grand 

CARDINAL REFERRAL 

NETWORK, LLC, TBI VILLAS 

OF TROY, LLC and TBI 

MANAGEMENT, LLC 

 Intervening Plaintiffs, 

v. 

 

TRAVELERS CASUALTY 

AND SURETY COMPANY, 

 

 Defendant. 

__________________________________/ 

ORDER GRANTING DEFENDANT’S MOTION TO COMPEL [20] 

 On December 22, 2015, the Court conducted a teleconference with respect to defendant 

Travelers Casualty and Surety Company’s (“Travelers”) unopposed motion to compel responses 

to request to produce documents and things from plaintiffs Jerry David Hill and his legal 

guardian, John Yun (collectively, “Hill”). [20].1

 Counsel agreed to resolve the matter by 

allowing Hill 28 days to provide the requested discovery. Accordingly, 

IT IS ORDERED that Travelers’s motion to compel responses to request to produce 

documents and things [20] is GRANTED, and Hill shall have 28 days from the date of this 

Order to make such production. 

IT IS FURTHER ORDERED that, on or before January 8, 2015, Hill’s counsel shall 

 

1

 The motion did not involve the intervening plaintiffs, who elected not to participate in the call. 

2:14-cv-12840-DPH-DRG Doc # 22 Filed 12/23/15 Pg 1 of 2 Pg ID 150
2 

contact Travelers’s counsel to discuss in good faith the issues raised by Travelers during the 

teleconference. 

Dated: December 23, 2015 s/David R. Grand 

Ann Arbor, Michigan DAVID R. GRAND 

 United States Magistrate Judge 

NOTICE TO THE PARTIES REGARDING OBJECTIONS

 The parties’ attention is drawn to Fed. R. Civ. P. 72(a), which provides a period of 

fourteen (14) days from the date of receipt of a copy of this order within which to file objections 

for consideration by the district judge under 28 U.S.C. § 636(b)(1). 

CERTIFICATE OF SERVICE

 The undersigned certifies that the foregoing document was served upon counsel of record 

and any unrepresented parties via the Court’s ECF System to their respective email or First Class 

U.S. mail addresses disclosed on the Notice of Electronic Filing on December 23, 2015. 

 s/William Barkholz for Eddrey O. Butts 

 EDDREY O. BUTTS 

 Case Manager

2:14-cv-12840-DPH-DRG Doc # 22 Filed 12/23/15 Pg 2 of 2 Pg ID 151
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 21-0227

_________________

DOYLE LEE,

 Plaintiff and Appellant,

 v.

LITHIA CDH, INC. d/b/a LITHIA 

CHRYSLER DODGE

JEEP RAM FIAT OF HELENA,

 Defendant and Appellee.

O R D E R

_________________

This Court reviews briefs to ensure compliance with Rules 11 and 12 of the

Montana Rules of Appellate Procedure. After reviewing the Appellant’s opening 

brief filed electronically on August 24, 20121, this Court has determined that the 

brief does not comply with the below-referenced Rule[s] and must be resubmitted. 

M. R. App. P. 12(1)(a) requires that a brief contain a table of contents with 

page references and a table of cases, statutes, and other authorities cited, with 

references to the pages of the brief where they are cited, alphabetically arranged. 

Appellant’s brief contains a table of authorities; however, its contents do not meet 

the requirements of M. R. App. P. 12(1)(a) due to incomplete citations to 

authorities with references to pages of the brief where they are cited.

M. R. App. P. 12(1)(d) requires a statement of the facts relevant to the issues

presented, with references to the pages or the parts of the record at which material 

facts appear. Appellant's statement of the facts cites insufficiently to the record.

M.R. App. P. 12(1)(g) requires that the brief contain citations to the 

authorities, statutes, and pages of the record relied on in the argument. Appellant’s 

opening brief lacks sufficient citations to quoted references throughout the 

08/26/2021

Case Number: DA 21-0227
argument section.

Therefore,

IT IS ORDERED that the referenced brief is rejected. 

IT IS FURTHER ORDERED that within ten (10) days of the date of this 

Order the Appellant shall electronically file with the Clerk of this Court a revised 

brief containing the revisions necessary to comply with the specified Rules and 

that the Appellant shall serve copies of the revised brief on all parties of record;

IT IS FURTHER ORDERED that no changes, additions, or deletions other 

than those specified in this Order may be made to the brief as originally filed; and

IT IS FURTHER ORDERED that the times for any subsequent briefing 

contained in M. R. App. P. 13 shall run from the date of filing of the revised brief.

The Clerk is directed to provide a true copy of this Order to the Appellant

and to all parties of record. 

Electronically signed by:

James Jeremiah Shea

Justice, Montana Supreme Court

August 26 2021
#### § 113.40-5 General requirements.

The position of the rudder, if power-operated, must be shown at the principal steering station. If there is non-follow-up steering control at the alternative steering station, there must be a separate rudder angle indicator system for that station that is electrically independent from each other rudder angle indicator system.
#### Lawrence E. Tierney Coal Company v. Smith’s Guardian, et al.

(Decided October 29, 1918.)

Appeal from Pike Circuit Court.

AUXIER, HARMAN *&*AUXIER for appellant.

P. B. STRATTON, JESSE D. HASH, J. R. JOHNSON, JR., ED. C. O’REAR, J. T. METCALF, B. R. JOUETT and PENDLETON *&*BUSH for appellees.

JOHN G. WINN and ROBERT H. WINN for the Oil Men’s Association.

ROBERT H. WINN for A. W. Hamilton’s Executor.

Response to Petition for Rehearing by

Judge Carroll.

*765• The opinion in this ease may be found in 180 Ky. 815. The act of the legislature under consideration in this case provided for the leasing, of the real estate or any interest therein of infants and persons of unsound mind for the purpose “of mining and removing all or part of the coal, oil, gas and any and all of the mineral or mineral substances or products therein” for a term beyond the minority of the infant or the removal of the disability of the person of unsound mind, and in the opinion we treated coal and mineral of all kinds as well as oil and gas as being in the same class, and in concluding the opinion said “that the act of 1916, in so far as it attempts to authorize the leasing during the infancy or unsoundness of mind of the owner, the coal, oil, gas and other mineral or mineral substances and products for a period beyond the minority of the infant or beyond the period when the disability of the person of unsound mind is removed, is void.”

In a petition filed by counsel for the Oil Men’s Association of Kentucky we are asked to so modify the opinion as to exempt from its effect oil and gas leases, and this upon the ground that the case we had only involved a lease of coal lands and there is such a substantial difference in the nature and quality of coal and other minerals, and oil and gas, as to warrant a different method of determining the validity of a lease of the one class from the other.

In view of the importance of the question presented and the fact that the oil and gas interests of the state were not represented on .the hearing of the case we have decided to withdraw so much of the opinion as holds that the act is invalid in so far as it authorized the leasing for an unlimited term of the oil and gas rights and privileges of infants and persons of unsound mind in order that this special feature of the act may be considered and determined in a case in which there is directly involved the question of the right to lease for an unlimited term the oil and gas rights and privileges of infants and persons under disability.

In all other respects the opinion is adhered to and the several petitions filed for a rehearing are overruled.

Whole court sitting.- Judge Thomas dissenting.

*766Dissenting Opinion by

Judge Thomas.

I agree to the modification of the opinion made by the court,-but I dissent from the majority in overruling the petition for a rehearing, for I am convinced it should be sustained, the former opinion withdrawn and the judgment affirmed, but since no discussion of the questions argued is made by the court I will not do so in this dissent.
Docket Number FAA-2014-0188
# Senate Floor Activity - Tuesday, July 15, 2014

**

----

## The Journal

## Certain Procedures Dispensed With

## Transaction of Morning Business

## Legislative Business (Tuesday, July 15)

S. 517

S. 2578

## Executive Business (Tuesday, July 15)

PN1065

PN1113

PN1368

 222

 224

PN1643

 223

 225

PN1646

## Adjournment

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### Floor Activity Summaries 

View previous floor activity files.Stream live Senate floor proceedings while a meeting is in progress.View past floor proceedings on CSPAN

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To learn about the history of the Senate visit the About the Senate section of Senate.gov.

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Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of a change in the meeting of the National Institute of Mental Health Special Emphasis Panel, March 12, 2007, 8 a.m. to March 12, 2007, 3 p.m., Embassy Suites at the Chevy Chase Pavilion, 4300 Military Road, NW., Washington, DC, 20015 which was published in the                     **Federal Register**                     on February 13, 2007, 72 FR 6740.                

The meeting will include an Open session from 8 a.m. to 8:30 a.m. for concept clearance of a proposed RFA on Anorexia. The remainder of the meeting will be Closed for grant review. The meeting is partially Closed to the public.

Dated: March 9, 2007.

Anna Snouffer,

Acting Director, Office of Federal Advisory Committee Policy.

[FR Doc. 07-1219 Filed 3-15-07; 8:45 am]

BILLING CODE 4140-01-M
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

[TEXT]
<ARTICLE> 5
<LEGEND>
Exhibit 27
Financial Data Schedule
 "This schedule contains summary financial information extracted
from December 31, 1997 10KSB and is qualified in its entirety by
reference to such financial statements."
</LEGEND>

<S>                                <C>
<PERIOD-START>                     JAN-01-1997
<PERIOD-TYPE>                      YEAR
<FISCAL-YEAR-END>                  DEC-31-1997
<PERIOD-END>                       DEC-31-1997
<CASH>                             56,541
<SECURITIES>                       0
<RECEIVABLES>                      175,226
<ALLOWANCES>                       0
<INVENTORY>                        14,193,063
<CURRENT-ASSETS>                   0
<PP&E>                             46,437
<DEPRECIATION>                     (1,016,660)
<TOTAL-ASSETS>                     13,454,607
<CURRENT-LIABILITIES>              0
<BONDS>                            16,300
<PREFERRED-MANDATORY>              0
<PREFERRED>                        1,212
<COMMON>                           47,034
<OTHER-SE>                         13,233,854
<TOTAL-LIABILITY-AND-EQUITY>       13,454,607
<SALES>                            0
<TOTAL-REVENUES>                   137,837
<CGS>                              0
<TOTAL-COSTS>                      452,147
<OTHER-EXPENSES>                   4,091,950
<LOSS-PROVISION>                   0
<INTEREST-EXPENSE>                 0
<INCOME-PRETAX>                    (4,406,260)
<INCOME-TAX>                       0
<INCOME-CONTINUING>                (314,310)
<DISCONTINUED>                     0
<EXTRAORDINARY>                    0
<CHANGES>                          0
<NET-INCOME>                       (4,406,260)
<EPS-BASIC>                      0
<EPS-DILUTED>                      0
§ 400.13 Cost allocation. ( a ) A State must allocate costs, both direct and indirect, appropriately between the Refugee Resettlement Program (RRP) and other programs which it administers.
( b ) Within the RRP, a State must allocate costs appropriately among its CMA grant, social services grant, and any other Refugee Resettlement Program (RRP) grants which it may receive, as prescribed by the Director.
( c ) Certain administrative costs incurred for the overall management of the State's refugee program (e.g., development of the State plan, overall program coordination, and salary and travel costs of the State Refugee Coordinator), as identified by the Director, may be charged to the CMA grant. All other costs must be allocated among the CMA grant, social services grant, and any other Refugee Resettlement Program (RRP) grants.
( d ) Costs of case management services, as defined in § 400.2, may not be charged to the CMA grant.
( e ) Administrative costs incurred by local resettlement agencies in the administration of the public/private RCA program (i.e., administrative costs of providing cash assistance) may be charged to the CMA grant. Administrative costs of managing the services component of the RCA program must be charged to the social services grant.
[54 FR 5476, Feb. 3, 1989, as amended at 60 FR 33602, June 28, 1995; 65 FR 15443, Mar. 22, 2000]
**EXHIBIT 23.1**

**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

We consent to the incorporation byreference in Registration Statement No. 333-149662 on Form S-8 of our report dated March 7, 2008 (which report expresses an unqualified opinion and includes an explanatory paragraph relating to the January 1, 2006 adoption of the provisions ofFinancial Accounting Standards Board Statement No. 123(R), *Share-Based Payment*), relating to the consolidated financial statements of EnteroMedics Inc. and subsidiary (the “Company”) appearing in this Amendment No. 2 on Form 10-K/Aof the Company for the year ended December 31, 2007. 

/S/    DELOITTE& TOUCHE LLP 

Minneapolis, MN 

December 1,2008
§ 11.428 Requirements for master of near-coastal self-propelled vessels of less than 100 GRT. ( a ) The minimum service required to qualify for the endorsement as master of self-propelled, seagoing vessels of less than 100 GRT limited to domestic voyages upon near-coastal waters is 2 years of service in the deck department of a self-propelled vessel on ocean or near-coastal waters. Service on Great Lakes and inland waters may substitute for up to 1 year of the required service.
( b ) To obtain an endorsement for sail or auxiliary sail vessels, the applicant must submit evidence of 12 months of service on sail or auxiliary-sail vessels. This required service may have been obtained before issuance of the license or MMC.
( c ) Holders of this endorsement are considered to be in compliance with the STCW Convention (incorporated by reference, see § 11.102 of this part) while operating within the limitations of this endorsement.
( d ) All endorsements issued for master or mate of vessels of less than 100 GRT are issued in tonnage increments based on the applicant's qualifying experience in accordance with the provisions of § 11.422 of this subpart.
#### § 410.1100 Purpose of this subpart.

This subpart sets forth the process by which ORR receives referrals of unaccompanied children from other Federal agencies and the factors ORR considers when placing an unaccompanied child in a particular care provider facility. As used in this subpart, “placement determinations” or “placements” refers to placements in ORR-approved care provider facilities during the time an unaccompanied child is in ORR care, and not to the location of an unaccompanied child once the unaccompanied child is released in accordance with subpart C of this part.
MEMORANDUM 

DATE: July 30, 2015

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

FROM: Lora Strine, EPA

SUBJECT: May 19, 2015 Meeting Regarding Proposed Clean Power Plan for Existing Power 

Plants

SUMMARY

A phone call was held between EPA and Jonas Monast, NI on May 19, 2015 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

Nicholas Institute

Jonas Monast

US EPA

Implementation Workgroup

Godfrey, Janice; Strine, Lora; Boswell, Colin; Burns, Ward; Cain, Alexis; Culligan, Kevin; Dalcher, Debra; 

Donaldson, Guy; Drake, Robert; Dressler, Jason; Farris, Laura; Fellner, Christian; Fulton, Abby; Gonzalez, 

Larry; Gordon, Michael; Haber, Matt; Hackel, Angela; Hoffman, Howard; Hutson, Nick; Johnson, Mary; 

Johnson, Terry; Kakade, Seema; Ketcham-Colwill, Jim; Lau, Gavin; Lawrence, Rob; Lee, Anita; Linn, Emily; 

Lloyd, David; McConnell, Robert; Miller, Julia; Mitchell, Ken; Mulholland, Denise; Murray, Beth; Narvaez, 

Madonna; Newman, Erin; Orlando, Danny; Ortega, Kellie; Patel, Ketan; Rosenberg, Julie; Santiago, Juan; 

Saracino, Ray; Sherry, Christopher; Solomon, David; Srivastava, Ravi; Steib, Clovis; Stevens, Gabrielle; 

Torres, Elineth; Wieber, Kirk; Williamson, Timothy; Wong, Shutsu; Zenick, Elliott; Moskal, John; Elman, 

Barry; Conroy, David; Greene, Cynthia; Shatas, Angie; Raymond Forde; Gardella, Anthony; Mangels, Karl; 

Mark, Jeremy; Victor, Meg; Daly, Carl; Aisling, Kathleen; Swanson, Nicholas; Wortman, Eric; Hansen, 

Mark; Olszewski, Joshua; Thomas, Carrie; Vijayan, Abi; Argentieri, Sabrina; Evans, DavidA; Marten, Alex; 

Sheriff, Glenn
Essential Air Service At Ironwood MI

OST-1996-1266 January 27, 2014 

# . ~'-'''-'ITOF i IJW ":'/'1 - 

# .' ~FORTAi"!OU ,'"
-OP'"RATlf".'S

. "\'-1 L:. ,f". \J,~



### . . 71111' .'1'./.') 

### P 1\ 

# g- "1 It hascome to the attention of TransportAzumah that several EASmarkets will be expenencmgan,'-\ .•.•. interruption in service beginning atthe end of this week. The inventory for Ironwood MI iszeroed out in the Great Lakesreservations system after Friday, January 31, 2014. Service interruptions in EAS communities tend to destroy the passenger baseof the markets involved. This leadsto numerous bid periods inwhich the community exceeds $200 per passenger in subsidy and puts them under constant risk of being eliminated from the program. In order to maintain the passenger base atthese communities, TransportAzumah proposes the implementation of emergency interim busservice. These emergency contracts would be issued under the Department's discretionary authority for an interim period of three months while markets without a new carrier are bid. TransportAzumah hasthe ability to implement these services beginning February 1, 2014 using midsized and full sized long distance coaches. During the interim period, there would be no fare charged on these services. The following markets would receive emergency interim bus service beginning February 1: TransportAzumah Emergency Interim BusService Market Hub Round Trips PerDay 3Month Subsidy Ironwood MI MSP 2 $380,208 TransportAzumah recognizes that this program may require the communities to opt into the alternate EASprogram for ashort period oftime. Aswith past agreements, communities should be aware that opting into the alternate EASprogram isnot permanent. Inthis situation, the Department could allow communities to opt into the alternate EASprogram only during the period of air service hiatus. We believe that three months issufficient for motivated air carriers to submit abid to restore air service to these communities. Sample bus schedules are provided below. They are subject to change: 

## Ironwood MI - MSP Ironwood MI >MSP(Daily) Ironwood MI 600a 1200p MSP 1130a 530p MSP> Ironwood MI (Daily) MSP 1230p 730p Ironwood MI 600p 100a
In light of the short timeframe available to avoid uninterrupted service, we request expedited consideration of our request. Dueto the length of this contract, we will also need modified payment arrangements. Pleasecontact usassoon aspossible sothat we can start on orjust after February 1, 2014.

Contact: Joel Anabilah-Azumah, jazumah@transportazumah.com, 347-927-0750