alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Marie A. STARR, Plaintiff-Appellant, v. CITY OF ANGELS CAMP; et al., Defendants-Appellees.

No. 03-17102.

D.C. No. CV-03-05098-AWI.

United States Court of Appeals, Ninth Circuit.

Submitted May 10, 2004.*

Decided May 20, 2004.

Marie A. Starr, Angels Camp, CA, pro se.

Byron A. Gregerson, Thayer Harvey Hodder & Gregerson, Modesto, CA, for Defendants-Appellees.

Before CANBY, KOZINSKI, and PAEZ, Circuit Judges.

*

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

MEMORANDUM**

Marie A. Starr appeals pro se the district court’s judgment dismissing her 42 U.S.C. § 1983 action arising out of property redevelopment efforts. We dismiss in part, and affirm in part.

Because Starr filed her notice of appeal of the district court’s September 2, 2003 order dismissing her action for failure *793to state a claim over one month after entry of judgment, we lack jurisdiction over that portion of the appeal. *See*Fed. R.App. P. 4(a)(1) (in civil cases the notice of appeal must be filed within thirty days after entry of judgment); *United States v. Vaccaro,*51 F.3d 189, 191 (9th Cir.1995) (the timely filing of a notice of appeal is a jurisdictional requirement).

To the extent that Starr’s opening brief is construed as an appeal of the district court’s October 8, 2003 order denying her motion for reconsideration, we have jurisdiction pursuant to 28 U.S.C. § 1291. *See Smith v. Barry,*502 U.S. 244, 245, 112 S.Ct. 678, 116 L.Ed.2d 678 (1992) (permitting opening brief to serve as notice of appeal). We review for abuse of discretion, *United States v. Nutri-cology, Inc.,*982 F.2d 394, 397 (9th Cir.1992), and conclude that the district court did not abuse its discretion in denying the motion because Starr did not demonstrate mistake, new information, or any other legitimate basis for relief. *See*Fed.R.Civ.P. 60(b); *Mt. Graham Red Squirrel v. Madigan,*954 F.2d 1441, 1463 (9th Cir.1992).

DISMISSED in part; AFFIRMED in part.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Editorial Note on Part 164
Editorial Note: Nomenclature changes to part 164 appear by USCG-2012-0832, 77 FR 59787, Oct. 1, 2012.

§ 164.009-19 Measurement of moisture and volatile matter content. ( a ) The measurements described in this section are made to determine the moisture and volatile matter content of a sample.
( b ) A specimen cut from the density specimen of a sample is conditioned for at least one week, and for any additional time needed for the specimen to reach a constant weight, in an atmosphere that is 22.8 °C. ±2 °C., and 50 percent ±5 percent relative humidity. The conditioned specimen is then weighed and transferred to a previously weighed wide mouth weighing bottle that has a glass stopper. With the stopper removed, the bottle, stopper, and specimen are heated at 105 °C. ±5 °C. for four hours. After four hours, the stopper is inserted in the bottle and the bottle and sample are cooled and weighed.
( c ) The content of moisture and volatile matter is the difference between the two weighings and is reported as a percentage of the weight of the conditioned specimen.
15

‐ 1630

Servin v. New World Network International



### UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT



## SUMMARY ORDER

R ULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT

. C ITATION TO A SUMMARY ORDER FILED ON OR AFTER

J ANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY F EDERAL R ULE OF A PPELLATE P ROCEDURE 32.1 AND THIS COURT ’ S

L OCAL R ULE 32.1.1. W HEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT

, A PARTY MUST CITE EITHER

THE F EDERAL A PPENDIX OR AN ELECTRONIC DATABASE ( WITH THE NOTATION “ SUMMARY ORDER ”). A PARTY CITING A

SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL

.

At a stated term of the United States Court of Appeals for the

Second Circuit, held at the Thurgood Marshall United States Courthouse, 40

Foley Square, in the City of New York, on the 26 th day of April, two thousand

sixteen.

PRESENT: ROBERT D. SACK,

RICHARD C. WESLEY,

GERARD E. LYNCH,

Circuit Judges.

___________________ __________________

JEFFREY D. SERVIN, LEONARD J. BERWICK, OSAGE

CORP., DBA FIRST CITY COMMUNICATIONS INC.,

Plaintiffs

‐ Appellants

,

v. 15

‐ 1630

NEW WORLD NETWORK INTERNATIONAL, LTD.,

NEW WORLD NETWORK USA, INC., COLUMBUS

COMMUNICATIONS, LTD., BARCLAYS BANK PLC,

Defendants

‐ Appellees

,MORGAN STANLEY,

Defendant

.

___________________ __________________

FOR APPELLANT: JEFFREY D. SERVIN, pro se

, Philadelphia, PA.

FOR APPELLEES: DOUGLAS H. FLAUM (Joshua M. Bennett, Jenna E.

Browning, on the brief ), Paul Hastings LLP, New York,

NY.

Appeal from a judgment of the United States District Court for the

Southern District of New York (Koeltl, J .).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED,

ADJUDGED, AND DECREED that the judgment of the District Court is

AFFIRMED

.

Plaintiff

‐ Appellant Jeffrey D. Servin (“Servin”), proceeding pro se

, appeals

the District Court’s judgment dismissing his state law tort claims against

Defendants. Plaintiffs

‐ Appellants Leonard J. Berwick and First City

Communications Inc.’s appeal was previously dismissed by this Court for failure

to file an appellate brief and appendix. We assume the parties’ familiarity with

the underlying facts, the procedural history, and the issues presented for review.3 We have considered all of Servin’s arguments and find them to be without

merit. Accordingly, we AFFIRM for substantially the reasons stated in the

District Court’s thorough and comprehensive opinion below.

FOR THE COURT:

Catherine O’Hagan Wolfe, Clerk
Editorial Note on Part 151
Editorial Note: Nomenclature changes to part 151 appear by USCG-2009-0702, 74 FR 49236, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59784, Oct. 1, 2012.

§ 151.03-53 Tankerman. The following ratings are established in part 13 of this chapter. The terms for the ratings identify persons holding valid merchant mariner credentials or merchant mariners' documents for service in the ratings issued under that part: ( a ) Tankerman-PIC.
( b ) Tankerman-PIC (Barge).
( c ) Restricted Tankerman-PIC.
( d ) Restricted Tankerman-PIC (Barge).
( e ) Tankerman-Assistant.
( f ) Tankerman-Engineer.
[CGD 79-116, 60 FR 17157, Apr. 4, 1995, as amended by USCG-2006-24371, 74 FR 11266, Mar. 16, 2009]
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

TODD SCOTT,

Plaintiff, Case Number 15-10132

v. Honorable David M. Lawson

ALLIANT CAPITAL MANAGEMENT, LLC,

Defendant.

______________________________________/

JUDGMENT

In accordance with the order granting in part the plaintiff’s motion for default judgment

entered on this date,

It is ORDERED AND ADJUDGED that the plaintiff shall recover of the defendant, Alliant

Capital Management, LLC, damages, costs, and attorney’s fees in the amount of $3,287.84.

s/David M. Lawson 

DAVID M. LAWSON

United States District Judge

Dated: June 30, 2015

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on June 30, 2015.

s/Susan Pinkowski 

SUSAN PINKOWSKI

Case 2:15-cv-10132-DML-MJH ECF No. 10, PageID.38 Filed 06/30/15 Page 1 of 1
---

TRANS-ORIENT PETROLEUM LTD. SHARE OPTION PLANMarch 14, 2008

OPTION COMMITMENT

Notice is hereby given that, effective this 14th day
of March, 2008 (the Effective Date) TRANS-ORIENT PETROLEUM LTD. (the
Company) has granted to Garth Johnson, an Option to acquire 500,000 Common
Shares (Optioned Shares) up to 5:00 p.m. Pacific time on the 14th
day of March, 2013 (the Expiry Date) at a Exercise Price of US$0.50 per share.
Optioned Shares may be acquired as follows:

| | (a) | 1/3 of the total number of Optioned Shares granted will
      vest six months after the Effective Date;                     
| | --- | ----------------------------------------------------------------------------------------------------------------------------
| |     |                                                                                                                             
| | (b) | a further 1/3 of the total number of Optioned Shares
      granted will vest one year after the Effective Date; and         
| |     |                                                                                                                             
| | (c) | the remaining 1/3 of the total number of Optioned Shares
      granted will vest eighteen months after the Effective
  Date.

In the event that the Company achieves Tier 1 status on the TSX
Venture Exchange, the Company will grant to Garth Johnson an additional option
to acquire 500,000 Common Shares (Additional Optioned Shares) exercisable at
the market price on the date the Additional Optioned Shares are granted. The
grant of the Additional Optioned Shares will be made subject to the terms and
conditions of the Companys Share Option Plan and evidenced by an Option
Commitment.

The grant of the Optioned Shares evidenced hereby is made
subject to the terms and conditions of the Companys Share Option Plan, the
terms and conditions of which are hereby incorporated in this Option Commitment.

To exercise your Option, deliver to the Company at its then
principal business office, a written notice specifying the number of Optioned
Shares you wish to acquire, together with cash or a certified cheque payable to
the Company for the aggregate Exercise Price. A certificate for the Optioned
Shares so acquired will be issued by the transfer agent as soon as practicable
thereafter and will bear a legend stipulating any resale restrictions required
under applicable securities laws.



TRANS-ORIENT PETROLEUM LTD.

/s/Garth
JohnsonPresident

---

- 2 -

I hereby acknowledge receipt of a copy of the Plan and agree to
be bound by the terms of the Plan. This commitment supersedes any prior Option
or commitment made to me.

OPTIONEE

/s/Garth
Johnson

Name:      
___________________________________

Print         
___________________________________

Name:       
___________________________________

Address:   ___________________________________

___________________________________

---
# AMERICANAIRLINES April 7, 2010

Linda L. Lundell U.S. r Licensing Division Department of Transportation 1200 New JerseyAve., S.E. Washington, D.C. 20590 Re: AmericanAirl , Los Angeles-Puerto Vallarta ion Renewal DOT-OST-2004-16945 DearMs. Lundell: AmericanAirlines, Inc. has completed its poll of the part s servedwith our application ofApril 6, 2010. We are seeking renewal of exemption authority for the Los AngelesPuerto Vallarta route (AA* on flights operatedbyMexicana)

. We have received non-objections from of the parties we served. We request approval on or before April 16, 2010. Respectfully submitted,

B. Nelson, Jr. Associate General Counsel AmericanAirlines, Inc. 1101 17th Street, N.W., Suite 600 Washington, D.C. 20036 (202) 496-5647 carl.nelson@aa.com

cc: Docket Branch Esta Rosenberg Service listCERTIFICATE OF SERVICE
I hereby certify that I have this day served the foregoing document by email on the following persons: sascha.vanderbellen@delta.com hkamen@coair.com jeffrey.manley@united.com jyoung@yklaw.com msinick@ssd.com dvaughan@kel .com kevin.montgomery@polaraircargo.com john.fredericksen@suncountry.com

CARL B. NELSON, April 7, 2010 jhill@dlalaw.com gbleopard@fedex.com efaberman@wileyrein.com ggarofalo@ggh-airlaw.com pmurphy@lopmurphy.com howard.kass@usairways.com recohn@hhlaw.com
2:14-cv-14579-GAD-EAS Doc # 4 Filed 01/19/15 Pg 1 of 2 Pg ID 8
2:14-cv-14579-GAD-EAS Doc # 4 Filed 01/19/15 Pg 2 of 2 Pg ID 9
[Federal Register Volume 72, Number 76 (Friday, April 20, 2007)]
[Notices]
[Page 20014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1970]


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

DEPARTMENT OF VETERANS AFFAIRS


Advisory Committee on Cemeteries and Memorials; Notice of Meeting

    The Department of Veterans Affairs (VA) gives notice under Public 
Law 92-463 (Federal Advisory Committee Act) that a meeting of the 
Advisory Committee on Cemeteries and Memorials will be held May 16-17, 
2007, at the Courtyard by Marriott Atlanta Buckhead, 3332 Peachtree 
Road, NE., Atlanta, GA. On May 16, the meeting will begin at 8 a.m. and 
conclude at 3:45 p.m. On May 17, the meeting will begin at 8:30 a.m. 
and conclude at approximately 4 p.m. The meeting is open to the public.
    The purpose of the Committee is to advise the Secretary of Veterans 
Affairs on the administration of national cemeteries, soldiers' lots 
and plots, the selection of new national cemetery sites, the erection 
of appropriation memorials, and the adequacy of Federal burial 
benefits.
    On May 16, 2007, the Committee will receive updates on National 
Cemetery Administration issues. On May 17, 2007, the Committee will 
tour Georgia and Marietta National Cemeteries and then reconvene at the 
hotel for a business session in the afternoon, which will include 
discussions of Committee recommendations, future meeting sites, and 
potential agenda topics at future meetings.
    Time will not be allocated for receiving oral presentations from 
the public. Any member of the public wishing to attend the meeting 
should contact Mr. Michael Nacincik, Designated Federal Officer, at 
(202) 273-5221. The Committee will accept written comments. Comments 
may be transmitted electronically to the Committee at <a href="/cdn-cgi/l/email-protection#d598bcb6bdb4b0b9fbbb95a3b4fbb2baa3"><span class="__cf_email__" data-cfemail="bdf0d4ded5dcd8d193d3fdcbdc93dad2cb">[email protected]</span></a> 
or mailed to the National Cemetery Administration (41C2), 810 Vermont 
Avenue, NW., Washington, DC 20420. In the public's communications with 
the Committee, the writers must identify themselves and state the 
organizations, associations, or persons they represent.

    Dated: April 16, 2007.

    By direction of the Secretary.
E. Philip Riggin,
Committee Management Officer.
[FR Doc. 07-1970 Filed 4-19-07; 8:45 am]
BILLING CODE 8320-01-M


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</html>
###### Editorial Note on Part 154

#### Editorial Note:

Nomenclature changes to part 154 appear part 154 appear by CGD-95-072, 60 FR 50466, Sept. 29, 1995, CGD-96-041, 61 FR 50732, Sept. 27, 1996, USCG-2009-0702, 74 FR 49235, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59785, Oct. 1, 2012.

#### § 154.446 Tank design.

An independent tank type B must meet the calculations under § 154.448.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

FRANCIS THOMAS,

Plaintiff,

v.

ANDY AUTO SALES, INC., ANDY ELSHARRAK, and MID-ATLANTIC FINANCE,

CO., INC.,

Defendants.

 /

Case No. 15-10783

Honorable John Corbett O’Meara

ORDER OF PARTIAL DISMISSAL

Plaintiff Francis Thomas filed an eleven-count complaint in this court alleging the following

causes of action: Count I, violations of the Truth in Lending Act against Andy Auto Sales; Count

II, violations of the Equal Credit Opportunity Act against Andy Auto Sales; Count III violations of

the Equal Credit Opportunity Act against Mid-Atlantic Finance Company; Count IV, Michigan

statutory conversion against Andy Auto Sales; Count V, Michigan statutory conversion against

Andy El-Sharrak; Count VI, common law conversion against Andy Auto Sales; Count VII,

violations Michigan’s Motor Vehicle Sales Finance Act against Andy Auto Sales; Count VIII,

violations of the Uniform Commercial Code against Andy Auto Sales; Count IX, violations of

Michigan’s Motor Vehicle Installment Sales Contract Act by Andy Auto Sales; Count X, breach of

contract against Andy Auto Sales; and Count XI, breach of warranty title against Andy Auto Sales. 

On March 27, 2015, Plaintiff filed Notice of Voluntary Dismissal of defendant Mid-Atlantic Finance

Company, thereby dismissing Count III.

5:15-cv-10783-JCO-APP Doc # 9 Filed 04/14/15 Pg 1 of 2 Pg ID 23
Although Plaintiff's causes of action arising under federal law are cognizable in this court

pursuant to 28 U.S.C. § 1331, the remaining allegations of the complaint are based solely on state

law. The parties to this action are not diverse, and the court declines to exercise supplemental

jurisdiction over Plaintiff's state law claims in order to avoid jury confusion. See 28 U.S.C. §

1367(c); United Mine Workers v. Gibbs, 383 U.S. 715 (1966); and Padilla v. City of Saginaw, 867

F. Supp. 1309 (E.D. Mich. 1994).

Therefore, it is hereby ORDERED that Counts IV, V, VI, VII, IX, X, and XI of the

Complaint are DISMISSED.

Date: April 14, 2015 s/John Corbett O'Meara

United States District Judge

I hereby certify that on April 14, 2015 a copy of this order was served upon the parties of

record using the Court's ECF system.

s/William Barkholz

Case Manager

5:15-cv-10783-JCO-APP Doc # 9 Filed 04/14/15 Pg 2 of 2 Pg ID 24
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-START>                             OCT-01-1997
<PERIOD-END>                               SEP-30-1998
<CASH>                                           3,086
<INT-BEARING-DEPOSITS>                           7,781
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     29,341
<INVESTMENTS-CARRYING>                          22,538
<INVESTMENTS-MARKET>                            22,720
<LOANS>                                        192,329
<ALLOWANCE>                                      1,175
<TOTAL-ASSETS>                                 263,160
<DEPOSITS>                                     204,490
<SHORT-TERM>                                     2,043
<LIABILITIES-OTHER>                              6,065
<LONG-TERM>                                     15,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            27
<OTHER-SE>                                      35,535
<TOTAL-LIABILITIES-AND-EQUITY>                 263,160
<INTEREST-LOAN>                                 15,442
<INTEREST-INVEST>                                2,762
<INTEREST-OTHER>                                   337
<INTEREST-TOTAL>                                18,541
<INTEREST-DEPOSIT>                               9,348
<INTEREST-EXPENSE>                               9,628
<INTEREST-INCOME-NET>                            8,913
<LOAN-LOSSES>                                       35
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                  5,630
<INCOME-PRETAX>                                  4,793
<INCOME-PRE-EXTRAORDINARY>                       4,793
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     3,325
<EPS-PRIMARY>                                     1.44
<EPS-DILUTED>                                     1.38
<YIELD-ACTUAL>                                    7.99
<LOANS-NON>                                        682
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                   379
<LOANS-PROBLEM>                                  1,395
<ALLOWANCE-OPEN>                                 1,192
<CHARGE-OFFS>                                     (57)
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                1,170
<ALLOWANCE-DOMESTIC>                             1,170
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
Exhibit 31.1

 

CERTIFICATION PURSUANT TO RULE 13A-15E OR 15D-15E OF THE SECURITIES EXCHANGE ACT OF 1934, AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

 

I, Eberhard Schoeneburg, certify that: 

1. I have reviewed this 10-QSB of Artificial Life, Inc; 

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report; 

4. I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)) for the small business issuer and have: 

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under my supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to me by others within those entities, particularly during the period in which this report is being prepared; 

 (b) Evaluated the effectiveness of the small business issuer's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

(c) Disclosed in this report any change in the small business issuer's internal control over financial reporting that occurred during the small business issuer's most recent fiscal quarter (the small business issuer's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer's internal control over financial reporting; and 

5. I have disclosed, based on my most recent evaluation of internal control over financial reporting, to the small business issuer's auditors and the audit committee of the small business issuer's board of directors (or persons performing the equivalent functions): 

(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer's ability to record, process, summarize and report financial information; and 

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer's internal control over financial reporting. 

 

Date: November 14, 2006

 

/s/ Eberhard Schoeneburg

 

| Eberhard Schoeneburg |  
Chief Executive Officer and

Principal Financial Officer

 
 

40

 

  |
|----------------------|----------------------------------------------------------------------------------------------------|