alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UN PUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 21

- 153

C. HOLMES, a/k/a Cynthia Holmes, a/k/a Cynthia Holmes, M.D., a/k/a Cynthia Collie Holmes,

Petitioner,

v.

HAYNSWORTH SINKLER BOYD, P.A.,

Respondent

.

On Petition for Permission to Appeal

. ( 2:20

- cv

- 00234

- BHH )

Submitted : November 23, 2021 Decided: November 29, 2021

Before NIEMEYER, FLOYD, and RUSHING , Circuit Judges.

Petition denied by un published per curiam opinion

.

Cynthia C. Holmes, Petitioner Pro Se. Mary McFarland Caskey

, Mary Cothonneau Eldridge

, HAYNSWORTH SINKLER BOYD, PA

, Columbia, S outh Carolina, for Respondent.

Unpublished opinions are not binding precedent in this circu it.2 PER CURIAM:

C

. Holmes petitions for permission to appeal under 28 U.S.C. § 1292(b) the district

court’s orders : (1) adopting the recommendation of the magistrate judge and denying her

motion to remand the case to the bankruptcy court

, and (2) denying her motion for

reconsideration of that order. The bankruptcy court has since granted Holmes’ motion to

dismiss her bankruptcy case. Due to the dismissal of the underlying bankruptcy case, this

court “is without the power to afford effective relief.” Se e Central States, S e . & S w . Areas

Pension Fund v. Central Transp., Inc. , 841 F.2d 92, 96 (4th Cir. 1988). Accordingly, we

deny Holmes’ motion to exceed length limitations for the petition and d eny the petition to

appeal as moot. We dispense with oral arg ument because the facts and legal contentions

are adequately presented in the materials before this court and argument would not aid the

decisional process.

PETITION DENIED
No. 64585.

#### Almar Bristle & Hair Processing Co. et al. *v.*United States,

protests 317494-K(A), etc. (New York).

Opinion by

Ford, J.

In accordance with stipulation of counsel that the merchandise consists of synthetic filaments similar in all material respects to those the subject of *Empire Brushes, Inc., et al.*v. *United States*(42 Cust. Ct. 145, C.D. 2078), the claim of the plaintiffs was sustained.
#### Garold STULTS, Appellant, v. Larry G. MASSANARI, Acting Commissioner of Social Security,1 Appellee.

No. 00-3813.

United States Court of Appeals, Eighth Circuit.

Submitted July 9, 2001.

Filed July 16, 2001.

*492Before BOWMAN, BEAM, and LOKEN, Circuit Judges.

1

. Larry G. Massanari has been appointed to serve as Acting Commissioner of Social Security, and is substituted as appellee pursuant to Federal Rule of Appellate Procedure 43(c)(2).

PER CURIAM.

Garold Stults appeals the district court’s2 order affirming the Commissioner’s decision to deny disability insurance benefits and supplemental security income. We review that decision to determine whether it is supported by substantial evidence on the record as a whole. *See Ingram v. Chater,*107 F.3d 598, 600 (8th Cir.1997).

Having carefully reviewed the record, including the evidence Stults submitted to the Appeals Council, *see Cunningham v. Apfel,*222 F.3d 496, 500 (8th Cir.2000), we find no basis for disturbing the 'ALJ’s credibility determination, *see Gray v. Apfel,*192 F.3d 799, 803-04 (8th Cir.1999) (ALJ properly discredited claimant’s subjective complaints of pain based on discrepancy between complaints and medical evidence, lack of pain medications, and claimant’s activities), or his conclusion that Stults had the residual functional capacity to perform his past relevant work as a grill operator, *see Sells v. Shalala,*48 F.3d 1044, 1046 (8th Cir.1995) (when determining whether claimant can perform such work, ALJ must specify demands of such work and compare them with what claimant was capable of doing).

Accordingly, we affirm. *See*8th Cir. R. 47B.

2

. The Honorable John T. Maughmer, United States Magistrate Judge for the Western District of Missouri, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c).
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26 ORDER – 1

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

OFFSHORE-INLAND SERVICES OF

ALABAMA, INC.,

Plaintiff,

v.

R/V DEEPOCEAN QUEST, in rem, OCEAN

SERVICES, LLC, in personam, CASEMO

INTERNACIONAL, S.A., in personam,

Defendants.

CASE NO. C06-0183-JCC

ORDER GRANTING MOTION TO

CONSOLIDATE

DEEP OCEAN QUEST, S.A., a foreign

corporation,

Plaintiff,

v.

STABBERT MARITIME YACHT & SHIP LLC,

a Washington limited liability company d/b/a

Stabbert Maritime Yacht & Ship, Inc.; et al.,

Defendants.

CASE NO. C06-1114-JCC

ORDER GRANTING MOTION TO

CONSOLIDATE

Case 2:06-cv-00183-JCC Document 33 Filed 12/22/06 Page 1 of 2
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26 ORDER – 2

This matter comes before the Court on Deep Ocean Quest’s Motion for Consolidation (Dkt. No.

25 in C06-0183-JCC, Dkt. No. 14 in C06-1114-JCC) and the relevant oppositions and replies thereto.

After carefully considering the parties’ submissions, the Court rules as follows.

The legal issues and facts in both cases identified in the captions involve common parties, subject

matter, and questions of law and fact. Both lawsuits revolve around the management, repair, and

refurbishment of the in rem defendant M/V Alucia owned by Deep Ocean Quest. Federal Rule of Civil

Procedure 42(a) provides for consolidation of actions that involve a common question of law or fact.

Courts have broad discretion to consolidate cases. Alley v. Chrysler Credit Corp., 767 F.2d 138, 140

(5th Cir. 1985). In determining whether to consolidate cases, a court must weigh the interest of judicial

convenience against the potential for delay, confusion, and prejudice caused by consolidation. Southwest

Marine, Inc. v. Triple A Mach. Shop., Inc., 720 F. Supp. 805, 807 (N.D. Cal. 1989). The party moving

for consolidation bears the burden of proving that consolidation is desirable. Servants of the Paraclete,

Inc. v. Great Am. Ins. Co., 866 F. Supp. 1560, 1572 (D. N.M. 1994). 

This Court finds that preserving judicial and party resources during discovery and motion practice

weighs heavily in favor of consolidation in this matter due to the many overlapping issues of fact and law.

Any minimal delay resulting from consolidation will not prejudice the parties because these cases are still

in relatively early stages of litigation.

Accordingly, the Court hereby ORDERS that Cause Numbers C06-0183-JCC and C06-1114-JCC

be consolidated for all purposes. All future pleadings in these actions should bear the Cause Number C06-

0183-JCC. The pretrial and trial schedule previously set for Cause Number C06-1114-JCC (Dkt. No. 26),

will apply to the entirety of the newly consolidated case. 

DATED this 22nd day of December, 2006.AJohn C. Coughenour

United States District Judge

Case 2:06-cv-00183-JCC Document 33 Filed 12/22/06 Page 2 of 2
Exhibit 32.1








CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of Northern Technologies International Corporation (the “Company”) on Form 10-Q for the period ending May 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, G. Patrick Lynch, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge and belief:




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





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





G. Patrick. Lynch

President and Chief Executive Officer

(principal executive officer)





Circle Pines, Minnesota


July 13, 2011
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                             314
<SECURITIES>                                         0
<RECEIVABLES>                                   23,673
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                24,675
<PP&E>                                           9,879
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  36,473
<CURRENT-LIABILITIES>                            9,601
<BONDS>                                              0
<PREFERRED-MANDATORY>                            5,525
<PREFERRED>                                          0
<COMMON>                                        34,623
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                    36,473
<SALES>                                         25,518
<TOTAL-REVENUES>                                25,518
<CGS>                                           23,022
<TOTAL-COSTS>                                   23,022
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  84
<INCOME-PRETAX>                                  2,412
<INCOME-TAX>                                       965
<INCOME-CONTINUING>                              1,447
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,447
<EPS-PRIMARY>                                     0.20
<EPS-DILUTED>                                     0.19
        

</TABLE>
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28 ORDER STAYING LITIGATION AND REMOVING CASE FROM ACTIVE CASELOAD

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT SEATTLE

ALPHA TECHNOLOGIES, INC., et al.,

Plaintiffs,

vs.

EXPANSION ELECTRONICS, INC., and

EXPANSION ELECTRONICS, LLC.,

Defendants.

NO. C05-1619L

ORDER STAYING LITIGATION AND

REMOVING CASE FROM ACTIVE

CASELOAD

This matter comes before the Court on the “”Notice of Automatic Stay” submitted by defendants’

Expansion Electronics, Inc., and Expansion Electronics, LLC., on March 7, 2006. Pursuant to the notice

of bankruptcy, the above captioned matter is hereby STAYED.

It is HEREBY ORDERED that this action shall be removed from this Court’s active caseload

until further application by the parties or order of this Court. The parties shall within 14 days of the

bankruptcy final order file a joint status report with the Court.

This Court retains full jurisdiction and this Order shall not prejudice any party in this action.

DATED this 21st day of March, 2006.

A

Robert S. Lasnik

United States District Judge 

Case 2:05-cv-01619-RSL Document 17 Filed 03/21/06 Page 1 of 1
Exhibit 13.1

Section 906 Certification

The certification set forth below is being
submitted in connection with the Annual Report on Form 20-F for the year ended December 31, 2011 (the Report) for the purpose of complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities Exchange Act of 1934 (the
Exchange Act) and Section 1350 of Chapter 63 of Title 18 of the United States Code.

Víctor Grifols
Roura, the Chairman and Chief Executive Officer and Alfredo Arroyo Guerra, the Chief Financial Officer of Grifols, S.A., each certifies that, to the best of his knowledge:



| | 1. | the Report fully complies with the requirements of Section 13(a) or 15(d) of the Exchange Act; and
| | -- | --------------------------------------------------------------------------------------------------



| | 2. | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of Grifols, S.A.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------

Date: March 29, 2012



/s/ Víctor Grifols RouraName: Víctor Grifols RouraTitle: Chairman of the Board of Directors and Chief Executive Officer/s/ Alfredo Arroyo GuerraName: Alfredo Arroyo GuerraTitle: Chief Financial Officer
#### ADCO PRODUCTS, INC., Plaintiff-Appellant, v. CARLISLE SYNTEC INCORPORATED, Defendant-Appellee.

No. 00-1531.

United States Court of Appeals, Federal Circuit.

DECIDED: June 26, 2001.

ON MOTION

MICHEL, Circuit Judge.

ORDER

The parties having so agreed, it is *911ORDERED that the proceeding is DISMISSED under Fed. R. App. R. 42(b).
CERTIFICATIONS OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL OFFICER PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT 

Exhibit 32.1

CERTIFICATION PURSUANT TO 

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 

(18 U.S.C. SECTION 1350) 

In connection with the Annual Report of Santos Resource Corp., a Nevada corporation (the "Company"), on Form 10-K/A for the year ended February 28, 2010, as filed with the Securities and Exchange Commission (the "Report"), Richard Pierce, President and Treasurer (Principal Executive Officer and Principal Financial Officer) of the Company, does hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), that to his knowledge: 

(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. 

| Date: January 25, 2011
 
/s/ Richard Pierce
 
 
Richard		Pierce		President and Treasurer 		(Principal Executive Officer and Principal Financial Officer)
 

[A signed original of this written statement required by Section 906 has been provided to Santos Resource Corp. and will be retained by Santos Resource Corp. and furnished to the Securities and Exchange Commission or its staff upon request.] |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
No. P66/21.

protest 189951-K (New York).

#### Hudson Shipping Co., Inc., and House of Italian Handicraft, Inc. *v.*United States,

Fobd, J.

In accordance with stipulation of counsel that the merchandise covered by the foregoing protest consists of candlesticks and candelabra similar in all material respects to those the subject of *L. Tobert Co., Inc., and American Shipping Co.*v. *United States*(40 Cust. Ct. 586, Abstract 62036), except that the merchandise involved herein is not plated with silver on nickel, silver, or copper but is wholly or in chief value of metal but not of nor plated with platinum, gold, or silver, or colored with gold lacquer, the claim of the plaintiffs was sustained.
From: misswonda3@msn.com

To: E-OHPSCA2713.EBSA

Subject: Comment: RIN 1210-AB44

Date: Wednesday, September 07, 2011 8:43:07 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,

Rhonda Creech

Tacoma, WA 98446
No. 62798.

#### Inter-Maritime Forwarding Co., Inc. *v.*United States,

protests 328912-K, 58/9027, and 58/15503 (New York).

Opinion by

Lawrence, J.

In accordance with stipulation of counsel that the merchandise consists of Tutch latches the same in all material respects as those the subject of *Linread Products, Inc.*v. *United States*(39 Cust. Ct. 262, C.D. 1939), the claim of the plaintiff was sustained.
United States
Securities and Exhange Commission
Washington, D.C.   20549

Form 12b-25

Notification of Late Filing

(Check one):
___ Form 10-K    __ Form 20-F   __ Form 11-K    ___ Form 10-Q    X  Form N-SAR

For the Period Ended:

12/31/96          

Part I - Registrant Information

Full Name of Registrant

Scudder Variable Life Investment Fund
 
Former Name if Applicable


Address of Principal Executive Office (Street & Number)

2 International Place
Boston, MA 02110
        

Part II - Rules 12b-25(b) and (c)

If the subject report could not be filed without  unreasonable effort or expense
and the registrant seeks relief pursuant to Rule 12b-25(b), the following should
be completed.

(a)  the resons  described in  reasonable  detail in Part III of this form could
     not be eliminated without unreasonable effort or expense.
                                           
(b)  The subject annual report,  semi-annual  report,  transition report on Form
     10-K, Form 20-F, 11-K, Form N-SAR, or portion thereof,  will be filed on or
     before the fifteenth calendar day following the prescribed due date; or the
     subject quarterly report transition report on form 10-Q, or portion thereof
     will be filed on or before the fifth  calendar day following the prescribed
     due date (XX)

(c)  The accountant's  statement or other exhibit required by Rule 12b-25(c) has
     been attached if applicable

Part III - Narrative

State below in  reasonable  detail the reasons  why the Form 10-K,  11-K,  10-Q,
N-SAR, or the transition  report or portion  thereof,  could not be filed within
the prescribed time period.

The registrant requests additional time to file form NSAR so that it can compile
the necessary information to file a complete and accurate document. (XX)

Part IV - Other Information

(1)  Name  and  telephone  number  of  person  to  contact  in  regard  to  this
     notification

     Thomas F. McDonough, Assistant Secretary
     (617) 295-2567

       
(2)  Have all other periodic  reports  required under Section 13 or 15(d) of the
     Securities Exchange Act of 1934 or Section 30 of the Investment Company Act
     of 1940 during the preceeding 12 months been filed?

     Yes   


(3)  Is it anticipated that any significant change in results of operations from
     the corresponding  period for the last fiscal year will be reflected by the
     earnings  statements  to be  included  in the  subject  report  or  portion
     thereof?

     No 



(Name of Registrant as Specified in Charter) Scudder Variable Life Investment
Fund.

has caused this notification to be signed on its behalf by the undersigned 
hereunto duly authorized.

Date:   2/5/97                                  By: John Lumbard
                                                /s/:John Lumbard
**Exhibit 15.3**

March 16, 2009 

China Distance Education Holdings Limited 

18/F., Xueyuan International Tower 

No.1 Zhichun Road, Haidian District 

Beijing, China 100083 

**Subject: WRITTEN CONSENT OF AMERICAN APPRAISAL CHINA LIMITED**

We hereby consent to the references to our name and our final appraisal reports (the “Reports”) addressed to the board of directors of China Distance EducationHoldings Limited (the “Holding Company”), and to references to our valuation methodologies, assumptions and conclusions associated with such Reports, in the annual report on Form F-20 of the Holding Company and any amendments thereto (the“Annual Report”) filed or to be filed with the U.S. Securities and Exchange Commission. We further consent to the filing of this letter as an exhibit to the Annual Report. 

The Reports relate to valuations of a) the ordinary shares (the “Ordinary Shares”) of the China Distance Education Limited (the “Company”) as of the March 9, 2007 to assist the Holding Companyto assess whether beneficial conversion features exist under EITF Issue No. 98-5 and EITF Issue No. 00-27 and whether there is any accounting adjustment related to such repurchase of the Ordinary Shares; b) the designated assets and liabilitiesof the Company as of June 30, 2003 and September 30, 2006 and the designated assets and liabilities of a joint venture of which certain assets and liabilities were contributed by Beijing 100 Online Education Information Consulting Co.,Ltd. as of November 30, 2007 and May 31, 2008 to serve the Holding Company as a basis for allocation of the purchase price to the various accounts for financial reporting purposes in accordance with Statement of Financial AccountingStandards (“SFAS”) Nos. 141 and 142; and c) the employees and non-employees share options (the “Options”) as of April 18, 2008 and May 31, 2008 and non-employees share options as of June 30, 2008 for financialreporting purposes in accordance with SFAS No. 123R. In reaching our valuation conclusions, we relied on the accuracy and completeness of the financial statements and other data provided by the Holding Company and its representatives. We didnot audit or independently verify such financial statements or other data and take no responsibility for the accuracy of such information. The Holding Company determined the fair value of Ordinary Shares and Options and our valuation reports wereused to assist the Holding Company in reaching its determinations. 

In giving such consent, we do not hereby admit that we come within the category ofpersons whose consent is required under Section 7 of the U.S. Securities Act of 1933, as amended, or the rules and regulations adopted by the Securities and Exchange Commission thereunder (the “Act”), nor do we admit that we areexperts with respect to any part of such Annual Report within the meaning of the term “experts” as used in the Act.