alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

NO. CAAP-23-00000115

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

CONTINENTAL PACIFIC, LLC, a Delaware limited liability company,

Plaintiff-Appellee, v.

VANCE PHILLIP DUBUCLET, Defendant-Appellant, and

PORTFOLIO RECOVERY ASSOCIATES, LLC,

a Delaware limited liability company;

and DOE DEFENDANTS 1-10, Defendants-Appellees.

APPEAL FROM THE CIRCUIT COURT OF THE THIRD CIRCUIT

(CIVIL NO. 3CCV-21-0000096)

ORDER DISMISSING APPEAL FOR LACK OF APPELLATE JURISDICTION

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

Upon review of the record, it appears that selfrepresented Defendant-Appellant Vance Phillip DuBuclet (DuBuclet)

appeals from the Circuit Court of the Third Circuit's: 

(1) Findings of Fact, Conclusions of Law and Order Granting

Plaintiff's Motion for Summary Judgment and Interlocutory Decree

of Foreclosure, and (2) Judgment, entered September 16, 2022. 

We lack jurisdiction over the appeal, as DuBuclet

failed to file the Notice of Appeal within thirty days after

September 16, 2022. See Hawai#i Rules of Appellate Procedure

Rules 4(a)(1) ("[T]he notice of appeal shall be filed within 30

days after entry of the judgment or appealable order[.]") and

26(e) ("The reviewing court for good cause shown may relieve a

party from a default occasioned by any failure to comply with

these rules, except the failure to give timely notice of

appeal."); Bacon v. Karlin, 68 Haw. 648, 650, 727 P.2d 1127, 1129

(1986) ("an appellant's failure to file a timely notice of appeal

Electronically Filed

Intermediate Court of Appeals

CAAP-23-0000115

09-MAY-2023

08:19 AM

Dkt. 22 ODSLJ
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

is a jurisdictional defect that can neither be waived by the

parties nor disregarded by the court in the exercise of judicial

discretion") (internal quotation marks and brackets omitted).

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed for lack of appellate jurisdiction.

IT IS FURTHER ORDERED that all pending motions are

dismissed as moot.

DATED: Honolulu, Hawai#i, May 9, 2023.

/s/ Lisa M. Ginoza

Chief Judge

/s/ Clyde J. Wadsworth

Associate Judge

/s/ Derrick H.M. Chan

Associate Judge

2
**EXHIBIT
        23.01**
  CONSENT
        OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
   To
        the
        Board of Directors
  Colonial
        Commercial Corp.
  We
        consent to the incorporation by reference in the registration statement (No.
        333-37025) on Form S-8 of Colonial Commercial Corp. of our report dated March
        22, 2007 with respect to the consolidated balance sheet of Colonial Commercial
        Corp. as of December 31, 2006, and the related consolidated statements of
        operations, stockholders' equity and cash flows for the year ended December
        31,
        2006, which report appears in the December 31, 2006 annual report on Form
        10-K
        of Colonial Commercial Corp.
   /s/Weiser
        LLP
 Weiser
        LLP
  March
        22,
        2007
#### § 585.53 Applicability.

This subpart applies to manufacturers of tires for motor vehicles with a GVWR of 4,536 kg or less.
----

(2004/C 84 E/0854)

WRITTEN QUESTION E-0077/04

by Proinsias De Rossa (PSE) to the Commission

(20 January 2004)

Subject:   Waste water treatment in Ireland

What response, if any, has the Commission received from the Irish Government in relation to the final written warning it sent to the Irish Government in July (IP/03/1108) regarding the treatment of urban waste water? What is the Commission's attitude to the Irish Government's response and what action is it now taking or proposing to take in this matter?

Answer given by Mrs Wallström on behalf of the Commission

(2 March 2004)

The Commission notified a Reasoned Opinion to Ireland on 7 October 2002 with regard to Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment (1). In 2003, Ireland sent two responses to this Reasoned Opinion. These responses are still under consideration.

----

(1)OJ L 135, 30.5.1991.

----
**EXHIBIT
      32**


**Certification
      Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002**


**(Subsections
      (a) and (b) of Section 1350, Chapter 63 of Title 18, United States
      Code)**





Pursuant
      to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
      section 1350, chapter 63 of title 18, United States Code), each of the
      undersigned officers of Xvariant, Inc., a Nevada corporation (the "Company"),
      does hereby certify, to such officer's knowledge, that:





The
      Quarterly Report on Form 10-QSB for the fiscal quarter ended December 31, 2003
      (the "Form 10-QSB") of the Company fully complies with the requirements of
      section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information
      contained in the Form 10-QSB fairly presents, in all material respects, the
      financial condition and results of operations of the Company.





A
      signed
      original of this written statement required by Section 906 has been provided
      to
      Along Mobile Technologies, Inc. and will be retained by Easy Groups Limited
      (formerly Xvariant, Inc.) and furnished to the Securities and Exchange
      Commission or its staff upon request.




Dated:
      January 2, 2007




/s/ Reed
              BensonReed
                Benson
              President
                and
              Chief
                Executive Officer




/s/ Reed
              BensonReed
                Benson
              Chief
                Financial Officer
PUBLIC SUBMISSION

Received: October 25, 2017

Status: Pending_Post

Tracking No. 1k1-8zf4-sxtf

Comments Due: December 11, 2017

Submission Type: Web

Docket: EBSA-2015-0017

Claims Procedure for Plans Providing Disability Benefits; Extension of Applicability 

Date

Comment On: EBSA-2015-0017-0291

Claims Procedure: Plans Providing Disability Benefits

Document: EBSA-2015-0017-DRAFT-0382

Comment on FR Doc # 2017-22082

Submitter Information

Name: David Bryant

Address: 205 N Michigan Ave 3910

chicago, IL, 60601

Email: dabryant@bryantlg.com

Phone: 3122354879

General Comment

Dear Mr. Hauser,

I understand the DOL is in a constant balancing act between protecting plan 

beneficiaries and the cost of providing insurance coverage by employers/insurers. The 

final ERISA claims regs adopted Dec. 19, 2016 continue to be contested by the 

insurance carriers despite their participation in the comment period under the APA. A 

premium increase study will undoubtable show its intended objective and conclude 

premiums will go up and certain employers will have to drop coverages. That hymn is 

all too familiar. The disability carriers have enjoyed steady market cap increase so 

please implement the regulations to effectuate the benefit to plan 

participants/beneficiaries.

As an attorney familiar with contested claims for benefits I'm confident that carriers 
will continue to demonstrate healthy returns and employers will continue to provide 

coverage to their employers.
#### State of Nebraska ex rel. Nebraska State Bar Association, relator, v. Forrest E. Ebersold, respondent.

567 N.W.2d 307

Filed August 15, 1997.

No. S-97-763.

White, C.J., Caporale, Connolly, Gerrard, Stephan, and McCormack, JJ.

Per Curiam.

Forrest E. Ebersold was admitted to the practice of law in the State of Nebraska on September 13, 1988.

On July 22, 1997, Ebersold voluntarily surrendered his license to practice law in the State of Nebraska, stating that in the course of representing a client in an adoption proceeding, he falsely indicated that a decree had been signed by a judge when in fact it had not. In so doing, Ebersold specifically admitted that he misled his client, in violation of Canon 1, DR 1-102(A)(4), of the Code of Professional Responsibility, as adopted by the Nebraska Supreme Court, and engaged in conduct that was prejudicial to the administration of justice, in violation of Canon 1, DR 1-102(A)(5). Ebersold waived his right to notice, appearance, or hearing prior to entry of this order.

We accept Ebersold’s surrender of his license to practice law in the State of Nebraska and order him disbarred from the practice of law in the State of Nebraska, effective immediately. *20Ebersold is directed to comply with Neb. Ct. R. of Discipline 16 (rev. 1996).

Judgment of disbarment.

Wright, J., not participating.
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeals of

-- ) ) ECC-RMA, LLC ) ) ) Under Contract No. W912PL-10-D-0037 )
APPEARANCES FOR THE APPELLANT:

APPEARANCES FOR THE GOVERNMENT: ASBCA Nos. 59990, 59993, 59995 59997,60151

Richard B. Oliver, Esq. J. Matthew Carter, Esq. Brian P. Cruz, Esq.

Pillsbury Winthrop Shaw Pittman LLP Los Angeles, CA
Thomas H. Gourlay, Jr., Esq.

Engineer ChiefTrial Attorney John F. Bazan, Esq.

Engineer Trial Attorney U.S. Army Engineer District, Los Angeles

OPINION BY ADMINISTRATIVE JUDGE PEACOCK

It is the Board's decision, pursuant to 41 U.S.C. §§ 7105(e), 7108(b), and the parties' stipulation and agreement, that the appeal is sustained. In the nature ofa consentjudgment, the Board makes a monetary award to appellant in the amount of$816,265. This amount is inclusive ofinterest. No further interest shall be paid.
Dated: 16 March 2016

I concur 

### /---2 

# d;J.**~c**

# MARK~EMPL~~ Administrative Judge Acting Chairman Armed Services Board ofContract Appeals ROBERT T. PEACOCK Administrative Judge Armed Services Board ofContract Appeals

I concur

# l~---**1~-** \

# ~il**S~CKLEFORD** Administrative Judge Vice Chairman Armed Services Board ofContract AppealsI certify that the foregoing is a true copy ofthe Opinion and Decision ofthe Armed Services Board ofContract Appeals in ASBCA Nos. 59990, 59993, 59995, 59997, 60151, Appeals ofECC-RMA, LLC, rendered in conformance with the Board's Charter.
Dated:

2 JEFFREY D. GARDIN Recorder, Armed Services Board ofContract Appeals
EXHIBIT 11.1 - COMPUTATION OF PER SHARE EARNINGS
                                                       
                       Advanced Communication Systems,Inc.
                      (in thousands, except per share data)

<TABLE>
<CAPTION>

                                                       Three months ended   Six months ended
                                                          March 31             March 31
                                                       1999     1998        1999      1998
                                                       ----     ----        ----      ----
     <S>                                             <C>        <C>        <C>        <C>
     Basic:
        Total basic average shares outstanding....    8,669     6,524      8,644      6,438
                                                      =====     =====      =====      =====

        Net income................................   $1,647      $843     $2,920     $1,497
                                                      =====     =====      =====      =====

        Net income per share - basic..............    $0.19     $0.13      $0.34      $0.23
                                                      =====     =====      =====      =====

     Diluted:
        Total basic average shares outstanding....    8,669     6,524      8,644      6,438
        Plus dilutive stock options...............      162       112        114        120
                                                      -----     -----      -----      -----

        Total diluted average shares..............    8,831     6,636      8,758      6,558
                                                      =====     =====      =====      =====

        Net income per share - diluted............    $0.19     $0.13      $0.33      $0.23
                                                      =====     =====      =====      =====
</TABLE>
From: Julie Rowland [mailto:trpenguin@earthlink.net] 

Sent: Thursday, April 08, 2010 7:07 PM 

To: EBSA, E-ORI - EBSA 

Subject: RIN 1210-AB33

To whom it may concern, 

 

 My husband and I are completely opposed to any attempt by the government -- whose reckless 

inability to manage a budget is notorious--to manage my 491(K) or any other of my accounts or 

retirement plans. I and the rest of my fellow citizens are fully capable of doing the job.

 

If this trend continues, whatever you call it, I will have to find a way to go to another, more free 

country.
§ 272.101 Content of a critical incident stress plan. Each critical incident stress plan under this part shall include, at a minimum, provisions for— ( a ) Informing each directly-involved employee as soon as practicable of the relief options available in accordance with the railroad's critical incident stress plan;
( b ) Offering timely relief from the balance of the duty tour for each directly-involved employee, after the employee has performed any actions necessary for the safety of persons and contemporaneous documentation of the incident;
( c ) Offering timely transportation to each directly-involved employee's home terminal, if necessary;
( d ) Offering counseling, guidance, and other appropriate support services to each directly-involved employee;
( e ) Permitting relief from the duty tour(s) subsequent to the critical incident, for an amount of time to be determined by each railroad, if requested by a directly-involved employee as may be necessary and reasonable;
( f ) Permitting each directly-involved employee such additional leave from normal duty as may be necessary and reasonable to receive preventive services or treatment related to the incident or both, provided the employee's clinical diagnosis supports the need for additional time off or the employee is in consultation with a health care professional related to the incident and such health care professional supports the need for additional time off in order for the employee to receive preventive services or treatment related to the incident, or both; and
( g ) Addressing how the railroad's employees operating or otherwise working on track owned by or operated over by a different railroad will be afforded the protections of the plan.
H. Res. 413

In the House of Representatives, U.S.,

May 7, 2002.

Resolved, That the following named Member be, and is

hereby, elected to the following standing committee of the

House of Representatives:

COMMITTEE ON RULES: Mr. McGovern of Massachusetts

to rank immediately after Ms. Slaughter of New York.

Attest:

Clerk.
General John R. Allen Assumes Command of ISAF
 By , ISAF Public Affairs Office
  
 KABUL, Afghanistan (July 18, 2011) — U.S. Marine Corps Gen. John R. Allen assumed command of the International Security Assistance Force (ISAF) from U.S. Army Gen. David H. Petraeus at a change of command ceremony today, attended by senior Afghan and NATO officials, including German Army Gen. Wolf Langheld, Commander, Allied Joint Force Command Brunssum; Adm. Mike Mullen, U.S. Chairman of the Joints Chiefs of Staff; and Marine Corps Gen. James N. Mattis, Commander, U.S. Central Command. Gen. Allen served as DeputyCommander, U.S. Central Command, from July 2008 to June 2011. From 2006 to 2008, he served as Deputy Commanding General, II Marine Expeditionary Force (MEF), and Commanding General, 2d Marine Expeditionary Brigade, deploying to Iraq for Operation Iraqi Freedom and serving as the Deputy Commanding General of Multinational Force - West (MNF-W) and II MEF (Forward) in the Al Anbar Province. Among other distinguished highlights of his career, Gen. Allen was the first Marine Corps officer to serve as Commandant of Midshipmen at the U.S. Naval Academy, served as a Marine Corps Fellow to the Center for Strategic and International Studies, and was the first Marine Corps officer inducted as a Term Member of the Council on Foreign Relations. Gen. Allen was promoted to the rank of four-star general by Adm. Mullen prior to the change of command. Addressing the audience on his vision for Afghanistan and the coalition, Gen. Allen said, “Throughout, we will keep our eyes on the horizon – the future of Afghanistan – a nation of free people at peace, governed under its constitution, pursuing economic enterprise and development, in a secure and stable environment free from the extremism and terrorism that has plagued this wonderful country and its people for more than a generation.  In the end – together we will prevail.” Gen. Petraeus took command of ISAF in July 2010. He will retire from the military later this summer and become director of the Central Intelligence Agency.
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 525 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                    September 19, 2002.
Whereas the 1996 welfare reform law (P.L. 104-193), approved by large bipartisan 
        majorities of the House of Representatives and of the Senate, has 
        delivered dramatic results by promoting record increases in work and 
        earnings among current and former welfare recipients, reducing the 
        number of children in poverty by nearly 3,000,000 and achieving record 
        low rates of child poverty among African-American children and children 
        raised by single mothers, and lifting 3,000,000 families from welfare 
        dependence as part of a decline in national welfare rolls of more than 
        50 percent;
Whereas despite these unprecedented gains, 2,000,000 low-income families remain 
        dependent on welfare, challenging the Congress to build upon that 
        success by putting even more Americans on the path to self-reliance;
Whereas changes to the law are needed to better promote the creation and 
        maintenance of strong two-parent families, including healthy married 
        families, in order to enhance child and family well-being;
Whereas further changes are needed to improve the quality and availability of 
        child care, since the experiences of young children greatly affect their 
        success in school;
Whereas the House of Representatives, on May 16, 2002, passed H.R. 4737, the 
        Personal Responsibility, Work, and Family Promotion Act of 2002, which 
        includes needed enhancements proposed by the President and extends and 
        strengthens reforms for the coming five years;
Whereas H.R. 4737 would provide a total of $170,000,000,000 in Federal and State 
        funds to support work, child care, education, training, and other family 
        needs;
Whereas the Senate has yet to approve legislation to extend the Temporary 
        Assistance for Needy Families (TANF) program, the Child Care and 
        Development Block Grant, and Title V Abstinence Education State Block 
        Grant programs as required by September 30, 2002; and
Whereas the failure of the 107th Congress to extend the TANF or child care 
        programs by September 30, 2002, would threaten the opportunities 
        currently available for low-income families and create fiscal 
        uncertainty for States: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives that the 
107th Congress should complete action on and present to the President, prior to 
September 30, 2002, legislation extending and strengthening the successful 1996 
welfare reforms.
            Attest:

                                                                          Clerk.
```
Recon Marine who survived sniper attack earns purple heart
 By Gunnery Sgt. William Price ,
  100927_purpleheart
 CAMP LEATHERNECK, Afghanistan — Sgt. David Fresenius was lying on a rooftop in Helmand province’s Trek Nawa on the morning of June 21. His machine gunner and radio operator, Cpl. Greg Harris, was by his side, providing over-watch security for their unit, 3rd Platoon, Bravo Company, 1st Reconnaissance Battalion. Everything was quiet until approximately 9 a.m., when all hell broke loose. Suddenly, the village erupted with enemy small arms fire. For Fresenius, a 22 year-old native of Westminster, Calif., the situation was about to get a lot worse. Approximately three minutes into the engagement, he saw rounds coming from a canal and brush about 300 meters from his right. What Fresenius didn’t realize was that while he had been acquiring his target, a Taliban sniper had gotten Fresenius in his sights. The enemy sniper squeezed out a bullet. A 7.62 mm round hit Fresenius square in the back. “It felt like I had been hit with a sledgehammer,” Fresenius recalls. Despite seeing his assistant team leader hit, Harris, from Apple Valley, Calif., thought, “Keep firing,” to disrupt further enemy fire. After emptying his load, Harris finished his rounds, and rushed to Fresenius’ aid. Fresenius, writhing in pain, was pulled by his legs to safety. As Harris yelled for the corpsman, Petty Officer 2nd Class Dan Brown, also known as “Doc,” came running. Harris and Brown got Fresenius inside by climbing down a ladder on the backside of the beseiged building. That’s when Doc Brown went to work. With bullets still impacting just three to four feet over his head, Brown, from Colorado Springs, Colo., tended to the wounded Marine. “I immediately stripped his gear off, to examine the wound. I saw he had been hit on the top of his spine, but thankfully, the round had NOT impacted the skin.”How was this possible? The round had shattered the top of Fresenius’ protective Sapi plate. The impact left a welt the size of a baseball on the middle of his back, but did not penetrate his skin! The Marine was shaken, but appeared to be otherwise okay.“Once I realized I was okay, my only thoughts were to get back to the fight – to get back to my men,” Fresenius said. He returned to his position and proceeded to continue engaging the enemy with his M40-A3 sniper rifle. Harris continued spotting for him for the next hour, exploiting all enemy positions. The engagement ended when air support, two AH-1 Cobras, arrived. The aerial gunships and 3rd platoon killed several enemy insurgents and forced the rest to flee. Two months later on Sept. 23, in front of his entire battalion, Fresenius was awarded the Purple Heart by Brig. Gen. Joseph Osterman, 1st Marine Division (Forward) commanding general, aboard Camp Leatherneck.Fresenius, who enlisted in the Marines in June 2006, right after graduating from Mount Ridge High School, in Phoenix, Ariz., said he was proud to be following in the footsteps of his father, a 0311 Marine infantrymen.
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, 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.

 June 25, 2013

d0617

Order 

Clerk

June 25, 2013

146882

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 146882

COA: 304163 

Wayne CC: 10-010029-FC

CRAIG MELVIN JACKSON,

Defendant-Appellant. 

_________________________________________/

On order of the Court, the application for leave to appeal the January 24, 2013 

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.