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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAY ELLIS POTTER, 

Plaintiff-Appellant, 

 v. 

CROSS COUNTRY MORTGAGE, INC.; et 

al., 

Defendants-Appellees.

No. 19-55597 

D.C. No. 2:19-cv-01641-FMO-JC 

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Fernando M. Olguin, District Judge, Presiding

Submitted May 6, 2020**

Before: BERZON, N.R. SMITH, and MILLER, Circuit Judges. 

Jay Ellis Potter appeals pro se from the district court’s judgment dismissing

for improper venue his action alleging federal and state law claims arising out of 

the foreclosure and sale of his property in Tennessee. We review de novo. 

Immigrant Assistance Project of the L.A. Cty. Fed’n of Labor (AFL-CIO) v. INS,

* 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

MAY 13 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 19-55597 

306 F.3d 842, 868 (9th Cir. 2002). We have jurisdiction under 28 U.S.C. § 1291. 

We affirm. 

The district court properly dismissed Potter’s action for improper venue

because Potter failed to establish that any defendant resides in the Central District 

of California or that a substantial part of the events or omissions giving rise to his

claims occurred there. See 28 U.S.C. § 1391(b)(1), (2) (describing where a civil 

action may be brought); see also 28 U.S.C. § 1406(a) (“A district court of a district 

in which is filed a case laying venue in the wrong division or district shall dismiss, 

or if it be in the interest of justice, transfer such case to any district or division in 

which it could have been brought.”). 

We reject as meritless Potter’s contentions regarding leave to amend, and 

defendant Cross Country Mortgage, Inc.’s alleged tacit consent to venue in the 

Central District of California. 

We do not consider matters not specifically and distinctly raised and argued 

in the opening brief, or arguments and allegations raised for the first time on 

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

All pending motions and requests are denied. 

AFFIRMED.
#            

# CATERPILLAR FINANCIAL SERVICES CORPORATION

POWERNOTES (R)

With Maturities of 9 months or more from Date of Issue

Registration No.  333-109182

Filed Pursuant to Rule 424 (b) (3)

PRICING SUPPLEMENT NO.  478                                                                   Trade Date:  09/02/04

(To Prospectus Supplement dated November 6, 2003 &

  Prospectus dated October 15,2003)                                                              Issue Date:   09/10/04

The Date of this Pricing SupplementSeptember 02, 2004

SUBJECT TO REDEMPTION OR REPAYMENT

 CUSIP                                                                                                                                   Date and terms of redemption or

     or       Stated                                                                  Interest                                       repayment (includingany

Common  Interest                      Price to  Discounts &        Payment     Survivors                  applicable regular or special

  Code      Rate (1)   Maturity  Public (2) Commissions       Frequency       Option  Yes/No     record dates)

14911QVX6  4.40%          03/15/13        100%                1.4%                   Monthly                        YES         NO                                                                

                                                                                                                                                                                                                       

Principal                                                                                 1st Payment             Day         

Amount                  Proceeds                  Dealer                           Date                   Count

$236,000.00            $232,696.00            ABN AMROInc.        10/15/04               30/360    

Original Issue DiscountNote:                                                                          Total Amount of OID:

____  Yes                X   No                                                                                  N/A

The interest rates on the PowerNotes (R) may be changed by Caterpillar Financial Services Corporation from time to time, but any such change will not affect the interest rate on any PowerNotes (R) offered prior to the effective date of the change.  Prior to the date of this Pricing Supplement, $153.887 mm principal amount of the PowerNotes (R) were sold at interest rates then in effect.  Subsequent offerings of PowerNotes (R) will be made under the Prospectus Supplement and Prospectus dated October 15,2003.

Expressed as a percentage of aggregate principal amount.  Actual Price to Public may be less, and will be determined by prevailing market prices at the time of purchase as set forth in the confirmation sheet.
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.                  

###### National Science Foundation

# FEDERAL REGISTER CITATION OF PREVIOUS ANNOUNCEMENT: 

The meeting was noticed on September 5, 2023, at 88 FR 60713.

# PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING: 

Wednesday, September 6, 2023, from 2:00-3:00 p.m. EDT.

# CHANGES IN THE MEETING: 

The meeting will be held on Wednesday, September 6, 2023, at 12:00-1:00 p.m.

# CONTACT PERSON FOR MORE INFORMATION: 

                        Point of contact for this meeting is: Chris Blair,                         *cblair@nsf.gov,*                         703/292-7000.                    

Christopher Blair,

Executive Assistant to the National Science Board Office.

[FR Doc. 2023-19510 Filed 9-6-23; 11:15 am]

BILLING CODE 7555-01-P
Exhibit 32.2

         Certification of Chief Financial Officer of FirstBank NW Corp.
     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 accompanying Quarterly Report on Form 10-Q of FirstBank
NW Corp. ("the Company") for the quarter ended December 31, 2004 (the "Report"),
I, Larry K. Moxley, 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:

     o    The Report fully complies with the requirements of Sections 13(a) and
          15(d) of the Securities Exchange Act of 1934, as amended, and


     o    The information contained in the Report fairly presents, in all
          material respects, the Company's financial condition and results of
          operations.






/s/ LARRY K. MOXLEY
------------------------------
Chief Financial Officer

Dated:  February 8, 2005

                                                                              37
From: lowell.anderson1517@gmail.com

To: E-OHPSCA2713.EBSA

Subject: Comment: RIN 1210-AB44

Date: Wednesday, September 07, 2011 12:32:16 PM

To Whom It May Concern:

I am writing today to ask in the strongest way possible that you rescind the unjust and coercive

mandate that all "contraceptives" and sterilization procedures be covered by private health insurance

with no co-pay to patients. If you do not reverse course I ask you to expand conscience protections for

any organizations that provide individual and group insurance and have moral or religious objections. I

strongly oppose the government forcing free insurance coverage on Americans especially for drugs and

devices that I oppose because some of these can cause an abortion (such as ella and Plan B).

I also ask you to reconsider your definition of religious employer and offer an authentic conscience

protection for any organization and business that has moral or religious objection to providing such

insurance to their employees. This legal mandate clearly violates the spirit of conscience laws which

prohibit government discrimination against those who object to various health services on moral or

religious grounds. The definition of "religious employer" in the regulation is so narrow as to only include

churches, but will still mean that a host of businesses and organizations that have conscience objections

will be required to choose between either violating their conscience or not being able to offer employees

health insurance.

Please protect the conscience rights of insurers, providers and people like me who object to being

forced by the federal government to offer or subsidize contraceptives and sterilization services, especially

when some of these drugs can take the life of early unborn children. No Americans should be forced by

the federal government to essentially subsidize services they object to. I again urge you in the strongest

way possible to reverse course and remove contraceptives and sterilizations from the list of mandatory

preventive services.

Sincerely,

Lowell Anderson

Delta, CO 81416
**Exhibit 31.1**

** **

**SECTION302**

**CERTIFICATIONS**

 

I, John M. Robbins, certify that:

 

1. I have reviewed this Form 10-Q of AmericanResidential Investment Trust, Inc.;

 

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

 

3. Based on my knowledge, the financialstatements, and other financial information included in this report, fairlypresent in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in thisreport;

 

4. The registrant’s other certifying officerand I are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e) for theregistrant and have:

 

a) Designed such disclosure controls andprocedures or caused such disclosure controls and procedures to be designedunder our supervision to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;

 

b) Evaluated the effectiveness of theregistrant’s disclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report, based on suchevaluation; and

 

c) Disclosed in this report any change in theregistrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarterin the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financialreporting; and

 

5. The registrant’s other certifying officerand I have disclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the audit committeeof registrant’s board of directors (or persons performing the equivalentfunctions):

 

a) All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting, which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information;

 

b) any fraud, whether or not material, thatinvolves management or other employees who have a significant role in theregistrant’s internal control over financial reporting.

 

 
| Date: August 14, 2003   |
|-------------------------|
|                    |
|                    |
| /s/ John M. Robbins     |   |
| John M. Robbins         |
| Chief Executive Officer |

 

----
From: brian.mahoney@plusoneav.com

To: E-OHPSCA2713.EBSA

Subject: Comment: RIN 1210-AB44

Date: Wednesday, September 07, 2011 12:49:54 PM

To Whom It May Concern:

I am writing today to ask in the strongest way possible that you rescind the unjust and coercive

mandate that all "contraceptives" and sterilization procedures be covered by private health insurance

with no co-pay to patients. If you do not reverse course I ask you to expand conscience protections for

any organizations that provide individual and group insurance and have moral or religious objections. I

strongly oppose the government forcing free insurance coverage on Americans especially for drugs and

devices that I oppose because some of these can cause an abortion (such as ella and Plan B).

I also ask you to reconsider your definition of religious employer and offer an authentic conscience

protection for any organization and business that has moral or religious objection to providing such

insurance to their employees. This legal mandate clearly violates the spirit of conscience laws which

prohibit government discrimination against those who object to various health services on moral or

religious grounds. The definition of "religious employer" in the regulation is so narrow as to only include

churches, but will still mean that a host of businesses and organizations that have conscience objections

will be required to choose between either violating their conscience or not being able to offer employees

health insurance.

Please protect the conscience rights of insurers, providers and people like me who object to being

forced by the federal government to offer or subsidize contraceptives and sterilization services, especially

when some of these drugs can take the life of early unborn children. No Americans should be forced by

the federal government to essentially subsidize services they object to. I again urge you in the strongest

way possible to reverse course and remove contraceptives and sterilizations from the list of mandatory

preventive services.

Sincerely,

Brian Mahoney

Crown Point, IN 46307
From: vjsnyder1@juno.com

To: E-OHPSCA2713.EBSA

Subject: Comment: RIN 1210-AB44

Date: Wednesday, September 07, 2011 12:29:02 PM

To Whom It May Concern:

I am writing today to ask in the strongest way possible that you rescind the unjust and coercive

mandate that all "contraceptives" and sterilization procedures be covered by private health insurance

with no co-pay to patients. If you do not reverse course I ask you to expand conscience protections for

any organizations that provide individual and group insurance and have moral or religious objections. I

strongly oppose the government forcing free insurance coverage on Americans especially for drugs and

devices that I oppose because some of these can cause an abortion (such as ella and Plan B).

I also ask you to reconsider your definition of religious employer and offer an authentic conscience

protection for any organization and business that has moral or religious objection to providing such

insurance to their employees. This legal mandate clearly violates the spirit of conscience laws which

prohibit government discrimination against those who object to various health services on moral or

religious grounds. The definition of "religious employer" in the regulation is so narrow as to only include

churches, but will still mean that a host of businesses and organizations that have conscience objections

will be required to choose between either violating their conscience or not being able to offer employees

health insurance.

Please protect the conscience rights of insurers, providers and people like me who object to being

forced by the federal government to offer or subsidize contraceptives and sterilization services, especially

when some of these drugs can take the life of early unborn children. No Americans should be forced by

the federal government to essentially subsidize services they object to. I again urge you in the strongest

way possible to reverse course and remove contraceptives and sterilizations from the list of mandatory

preventive services.

Sincerely,

Jean Snyder

Herkimer, NY 13350
**Exhibit
      32**




**CERTIFICATION
      PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**




In
      connection with the Quarterly Report on Form 10-Q of First Robinson Financial
      Corporation (the “Company”) for the quarterly period ending June 30, 2008 as
      filed with the Securities and Exchange Commission on the date of this
      Certification (the “Report”), we, Rick L. Catt, Chief Executive Officer and
      Jamie E. McReynolds, Chief Financial Officer of the Company, certify, 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 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.




A
      signed
      original of this written statement required by Section 906, or another document
      authenticating, acknowledging or otherwise adopting the signature that appears
      in typed form within the electronic version of the written statement required
      by
      Section 906, has been provided to First Robinson Financial Corporation and
      will
      be retained by First Robinson Financial Corporation and furnished to the
      Securities and Exchange Commission or its staff upon request.




By:
                /s/ Rick L. Catt
            
            By:
                /s/ Jamie E. McReynoldsName:
                Rick L. Catt
            
            Name:
                Jamie E. McReynoldsChief
                Executive Officer
            
            Chief
                Financial OfficerAugust
                13, 2008
            
            August
                13, 2008
Exhibit








Exhibit 10.1


SECOND AMENDMENT TO THE AMENDED AND RESTATED 
INVESTMENT MANAGEMENT AGREEMENT




This SECOND AMENDMENT dated as of June l, 2015 to the Amended and Restated Investment Management Agreement ("Agreement") dated as of December 23, 2014 is entered into between WHITE MOUNTAINS ADVISORS LLC, a Delaware limited liability company (the "Advisor"), and ONEBEACON INSURANCE GROUP, LTD., an exempted limited liability company organized under the laws of Bermuda (the "Client"). Capitalized terms used but not defined herein have the meaning set forth in the Agreement.


WHEREAS, the Advisor and the Client are parties ("Parties") to the Agreement; and 
WHEREAS, pursuant to Section 18 of the Agreement, the Client and Advisor desires to modify
certain terms of the Agreement.


NOW, THEREFORE, the Parties, intending to be legally bound agree as follows:




1.    Schedule A of the Agreement, is deleted it in its entirety and replaced with the following Management Fee schedule.
		
	2. 
	Except as expressly modified by this Amendment, the Investment Management Agreement is hereby ratified and confirmed in full force and effect.






























































1












SCHEDULE A


FEE SCHEDULE


1.    Investment Account




	
			
	Assets Under Management
	Annual Fee
	Quarterly Fee

	 
	 
	 

	Investment Grade Fixed Income:
	 
	 

	Up to $1 billion
	10 bps
	2.500 bps

	$1 billion - $2 billion
	8.5 bps
	2.125 bps

	$2 billion - $5 billion
	7.5 bps
	1.875 bps

	Greater than $5 billion
	2.5 bps
	0.625 bps

	 
	 
	 

	Equities
	100 bps
	25 bps

	 
	 
	 

	Exchange Traded Funds (ETFs)
	10 bps
	2.5 bps

	 
	 
	 

	Hedge Funds
	100 bps
	25 bps

	 
	 
	 

	Private Equities:
	 
	 

	First 2 Years of Fund's Life (Committed)
	100 bps
	25 bps

	Thereafter (Fair Value)
	100 bps
	25 bps

	 
	 
	 

	Affordable Housing Tax Credit Funds
	 
	 

	First Year of Fund's Life (Committed)
	100 bps
	25 bps

	Thereafter (Fair Value)
	10 bps
	2.5 bps






		
	2.
	Treasury Management Services.  The Advisor will be paid a quarterly fee for the treasury management  services  computed  at  the  annual  rate  of  1.75 basis  points  (0.0175%)  of  the aggregate value of the net assets of the Client's Investment Account.
































2












IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their duly authorized representatives as of the day and year first above written.


	
					
	ADVISOR:
	 
	CLIENT:

	 
	 
	 
	 
	 

	WHITE MOUNTAINS ADVISORS LLC
	 
	ONEBEACON INSURANCE GROUP, LTD.

	 
	 
	 
	 
	 

	 
	 
	 
	 
	 

	 
	 
	 
	 
	 

	By
	/s/ Kevin B. Crawford
	 
	By
	/s/ Sarah A. Kolar

	Print:
	Kevin B. Crawford
	 
	Print:
	Sarah A. Kolar

	Title:
	CCO
	 
	Title:
	Secretary

	 
	 
	 
	 
	 




















































































3
From: khess61@gmail.com

To: E-OHPSCA2713.EBSA

Subject: Comment: RIN 1210-AB44

Date: Wednesday, September 07, 2011 1:00:56 PM

To Whom It May Concern:

I am writing today to ask in the strongest way possible that you rescind the unjust and coercive

mandate that all "contraceptives" and sterilization procedures be covered by private health insurance

with no co-pay to patients. If you do not reverse course I ask you to expand conscience protections for

any organizations that provide individual and group insurance and have moral or religious objections. I

strongly oppose the government forcing free insurance coverage on Americans especially for drugs and

devices that I oppose because some of these can cause an abortion (such as ella and Plan B).

I also ask you to reconsider your definition of religious employer and offer an authentic conscience

protection for any organization and business that has moral or religious objection to providing such

insurance to their employees. This legal mandate clearly violates the spirit of conscience laws which

prohibit government discrimination against those who object to various health services on moral or

religious grounds. The definition of "religious employer" in the regulation is so narrow as to only include

churches, but will still mean that a host of businesses and organizations that have conscience objections

will be required to choose between either violating their conscience or not being able to offer employees

health insurance.

Please protect the conscience rights of insurers, providers and people like me who object to being

forced by the federal government to offer or subsidize contraceptives and sterilization services, especially

when some of these drugs can take the life of early unborn children. No Americans should be forced by

the federal government to essentially subsidize services they object to. I again urge you in the strongest

way possible to reverse course and remove contraceptives and sterilizations from the list of mandatory

preventive services.

Sincerely,

Kirk Hess

Quincy, IL 62305