alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

DAVID CHARLES THATCHER, No. CIV S-04-2547-MCE-CMK

Plaintiff, 

vs. ORDER

M. PENNER, et al.,

Defendants.

 /

Plaintiff, a state prisoner proceeding pro se and in forma pauperis, brings this civil

rights action pursuant to 42 U.S.C. § 1983. On October 13, 2005, the court issued findings and

recommendations and directed that objections thereto be filed within 10 days. On October 19,

2005, plaintiff submitted a document entitled “Motion for Order for (CSP-SAC) to Grant Physical

Access to Law Library and Telephone.” The court construes that filing as a request for an

extension of time to file objections to the court’s October 13, 2005, findings and

recommendations. So construed, the request will be granted.

/ / /

/ / /

/ / /

Case 2:04-cv-02547-MCE -CMK Document 24 Filed 11/03/05 Page 1 of 2
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Accordingly, IT IS HEREBY ORDERED that the parties may file objections to the

court’s October 13, 2005, findings and recommendations within 30 days of the date of service of

this order.

DATED: November 2, 2005.

______________________________________

CRAIG M. KELLISON

UNITED STATES MAGISTRATE JUDGE

Case 2:04-cv-02547-MCE -CMK Document 24 Filed 11/03/05 Page 2 of 2
No. 60888.

#### John S. James *v.*United States,

protest 299216-K (Savannah).

Opinion by

Johnson, J.

At the trial, Government counsel read into the record a communication stating that it was agreed that the entry, as appraised, should have been liquidated on the basis of a value of $113 per metric ton, plus extras of $2 per metric ton. Counsel stated that the Government had no objection to granting the protest to the extent indicated in the communication and would be willing to so stipulate. Upon agreement of plaintiff, the case was submitted upon the stipulation read into the record. It was, therefore, held that duty should be assessed at the appropriate rate under paragraph 304, Tariff Act of 1930, as amended, on the basis of a value of $113 per metric ton, plus extras of $2 per metric ton.
Before the Third Division,

March 28, 1946

No. 50969.

#### Protests 38325-K, etc., of Edward Boote et al. (New York).

Opinion by

Keefe, J.

At the trial it was stipulated that the merchandise consists of oatmeals or oatmeal saucers, puree cups, or chowder cups the same in all material respects as those passed upon in *Copeland & Thompson*v. *United States*(12 Cust. Ct. 85, C. D. 833) and *Johnson Bros.*v. *United States*(15 id. 113, C. D. 955). In accordance therewith the merchandise was held dutiable as claimed.
**EXHIBIT 32.2****CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,AS ADOPTED****PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF2002.**In connection with the Quarterly Report of HLI OperatingCompany, Inc. (the “Company”) on Form 10-Q forthe quarterly period ended April 30, 2005 as filed with theSecurities and Exchange Commission on the date hereof (the“Report”), I, James A. Yost, Vice President,Finance and Chief Financial Officer of the Company, certify,pursuant to 18 U.S.C. section 1350, as adoptedpursuant to section 906 of the Sarbanes-Oxley Act of 2002,that, to the best of my knowledge:     1. The Report fully complies with the requirements ofsection 13(a) or 15(d) of the Securities Exchange Act of1934; and     2. The information contained in the Report fairly presents,in all material respects the financial condition and results ofoperations of the Company.     /s/ James A. Yost           James A. Yost *Vice President, Finance and Chief Financial Officer*June 9, 2005
41
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
  1.
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and2.
    
    The information contained in the Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.
 /s/ John A. Bardis

John A. Bardis
Chairman, President and Chief Executive Officer
November 14, 2008/s/ L. Neil Hunn

L. Neil Hunn
Executive Vice President and Chief Financial Officer
November 14, 2008
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AccessibilityFOIAPrivacyPolicies and Notices

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COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

BALMORHEA RANCHES, INC.,

Appellant,

v.

ANN ROSS HEYMANN,

Appellee. §

§

§

§

§

§ No. 08

- 20

- 00127

- CV

Appeal from the

143rd District Court

of Reeves County, Texas

(TC# 18

- 01

- 22295

- CVR)

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the

judgment. We therefore affirm the judgment of the court below. We further order that Appellee

recove r from Appellant and its sureties, if any, see T EX

. R. A PP

. P. 43.5, for performance of the

judgment and all costs, for which let execution issue. This decision shall be certified below for

observance.

IT IS SO ORDERED THIS 24 TH DAY OF OCTOBER , 20 22

.

GINA M. PALAFOX, Justice

Before Rodriguez, C.J., Palafox, and Alley, JJ.
(Reap. Dec. 10777)

#### United China & Glass Co. *v.*United States

Entry No. 7017, etc.

(Decided June 15, 1964)

*Stein & Shostah*for the plaintiff.

*John W. Douglas,*Assistant Attorney General, for the defendant.

Oliver, Chief Judge:

These two appeals for reappraisement are before me for decision on a written stipulation of submission, reading as follows:

> IT IS HEREBY STIPULATED AND AGREED by and between counsel for the respective parties hereto, subject to the approval of the Court:

> *5931. That as to the merchandise marked “V” and initialed VWJ by V. W. Johnson on the invoices accompanying the entries covered by the appeals for reappraisement enumerated in the attached Schedule of Oases, which is incorporated herein, the merchandise and the issues involved are similar in all material respects to those in *United China & Class Co.*v. *United States,*50 Cust. Ct. S78, Reap. Dec. 10438, Treasury Decisions Advance Sheets, Vol. 98, No. 7, page 39 and *United China & Class Co.*v. *United States,*50 Cust. Ct. 474, Reap. Dec. 10515, Treasury Decisions Advance Sheets, Vol. 98, No. 21, page 40, and that the record in said eases may be incorporated with the record herein.

> 2. That as so limited, the market values or the prices at which such or similar merchandise was freely sold or offered for sale for exportation to the United States, on the dates of exportation thereof to the United States, to all purchasers in the principal markets of the country of exportation in the usual wholesale quantities and in the ordinary course of trade, such prices including the cost of all containers and coverings of whatever nature and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, were the ex-factory invoiced unit values, net packed.

> 3. That all of the merchandise the subject of this stipulation was entered or withdrawn from warehouse for consumption subsequent to February 27,1958,

> 4. That as to any of the merchandise covered by this stipulation which is included in the Final List of articles designated by the Secretary of the Treasury in T.D. 54521, 93 Treas. Dee. 14, issued January 20,1958, pursuant to Sec. 6(a) of the Customs Simplification Act of 1956, Public Law 927, ,84th Congress, there were no higher foreign values for such or similar merchandise on the dates of exportation involved herein.

> 5. That the appeals for reappraisement enumerated in the attached Schedule of Cases may be deemed submitted for decision on the foregoing stipulation, which is limited to the merchandise and the issues described hereinabove and abandoned in all other respects.

On the agreed facts, I find that the proper basis for appraisement of the merchandise, represented by the invoice items marked “V” and initialed “VWJ,” is statutory export value and hold that such value for said merchandise is the ex-factory invoiced unit values, net, packed.

As to all other merchandise included on the invoices covered by the entries involved herein, the appeals for reappraisement are dismissed.

Judgment will be rendered accordingly.
32.1 SECTION 1350 CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
 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 Commonwealth Income & Growth Fund V, (the “Company”) on Form 10-Q for the quarter ended June 30, 2010, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Kimberly A. Springsteen-Abbott, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my 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.
 
 /s/Kimberly A. Springsteen-AbbottKimberly A. Springsteen-AbbottChief Executive OfficerAugust 16, 2010
ex10-37.htm


 

Exhibit 10.37

 

AMENDMENT TO THE
BPZ RESOURCES, INC.
2007 LONG-TERM INCENTIVE COMPENSATION PLAN

 

WHEREAS, BPZ Resources, Inc. (the “Company”) adopted and maintains the BPZ Energy, Inc. 2007 Long-Term Incentive Compensation Plan (the “Plan”), effective as of June 4, 2007, to provide an opportunity for its eligible employees and certain independent contractors to earn long term incentive awards in consideration for their services;

 

WHEREAS, the Company now desires to amend the Plan to replace the "Cause" definition found in the LTIP with the definition below;

 

 NOW THEREFORE, effective as of December 29, 2011, the Plan is hereby amended by replacing the definition of “Cause” in Section 1 with the following new definition of “Cause” that shall read as follows:

 

 “”Cause” as used herein shall mean: (A) any willful misconduct or omission by Employee that he/she knows or should have known may materially harm the Company, its affiliates, subsidiaries, or joint venture partners; (B) gross negligence or willful misconduct by Employee without proper legal cause in the performance of his/her duties and responsibilities which remain uncorrected for 30 days following written notice to Employee by Company of such gross negligence or willful misconduct; (C) any act by Employee of fraud or intentional misrepresentation or embezzlement, misappropriation or conversion of assets of the Company, its affiliates, subsidiaries, or joint venture partners; (D) Employee being convicted of a felony or any crime involving dishonesty or moral turpitude; (E) a material violation of the Company's Code of Ethics Policy; or (F) a breach of fiduciary duty to the Company, its affiliates, subsidiaries. For purposes of this Agreement, an act or failure to act will be considered "willful" only if done or omitted to be done without the Employee's good faith reasonable belief that such act or failure to act was in the best interests of the Company.”

 

*     *     *

 

IN WITNESS WHEREOF, BPZ Resources, Inc. has caused this Amendment to be executed by its duly authorized representatives on this 29th day of December, 2011.

 

	
 

 

By:     /s/ Manuel Pablo Zúñiga-Pflücker                            
           Manuel Pablo Zúñiga-Pflücker
           President and Chief Executive Officer

	
 


By:     /s/ Durkin Ledgard                                                  
           Durkin Ledgard
           Chief Legal, Commercial and Administrative Officer
<partyblock><br><br><div align="center"><b><font size="+1">The People of the State of New York, Respondent, 570887/12 - <br><br>against<br><br>Adrian Smith, Defendant-Appellant. 12-447 and</font></b></div><br><br><p>In consolidated criminal appeals, defendant appeals from (1) a judgment of the Criminal Court of the City of New York, New York County (James M. Burke, J.), rendered March 1, 2012, convicting him, upon his plea of guilty, of second degree aggravated harassment, and imposing sentence, and (2) a judgment (same court and Judge), rendered March 1, 2012, after a jury trial, convicting him of one count of fourth degree stalking and nine counts of second degree aggravated harassment, and imposing sentence</p><p>Per Curiam.</p><p>Judgments of conviction (James M. Burke, J.), each rendered March 1, 2012, affirmed.</p><p>Defendant's request for vacatur of his nine convictions of aggravated harassment in the second degree on the basis that Penal Law ยง 240.30(1)(a) has been declared unconstitutional by the Court of Appeals after entry of the judgments against him (<i>see People v Golb</i>, (23 NY3d 455, 467-468 [2014], <i>cert. denied</i> 135 S. Ct. 1009 [2015]), is unpreserved and we decline to review it in the interest of justice (<a href="../2015/2015_02697.htm" target="_blank"><i>see People v Scott</i>, 126 AD3d 645</a> [2015], <i>lv denied</i> 25 NY3d 1171 [2015]; <a href="../2016/2016_01051.htm" target="_blank"><i>see also People v Ward</i>, 136 AD3d 504</a> [2016], <i>lv denied</i> 28 NY3d 938 [2016]<a href="../2016/2016_00583.htm" target="_blank"><i>; People v Irizarry</i>, 135 AD3d 641</a>, 642 [2016], <i>lv denied</i> 28 NY3d 931 [2016]). "The unconstitutionality of a statute is not exempt from the requirement of preservation" (<i>People v Scott</i>, 126 AD3d at 646). This determination renders academic defendant's contention that there was a prejudicial spillover error which warrants reversal of his remaining convictions (<i>see People Doshi</i>, 93 NY2d 499, 505 [1999]). In any event, the contention is without merit. </p><br>THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.<br>I concur I concur I concur <br>Decision Date: February 14, 2017<br><br><div align="center"><form method="LINK" action="../../slipidx/at_1_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
No. 51748.

#### Protests 976147-G, etc., of New York Merchandise Co., Inc., et al. (New York).

Opinion by

Oliver, P. J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.
Document Headings

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

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of the Treasury

###### Internal Revenue Service 

# AGENCY:

Internal Revenue Service (IRS), Treasury. 

# ACTION:

Notice. 

# SUMMARY:

An open meeting of the Taxpayer Assistance Center Committee of the Taxpayer Advocacy Panel will be conducted (via teleconference). The Taxpayer Advocacy Panel (TAP) is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service. 

# DATES:

The meeting will be held Tuesday, April 3, 2007. 

# FOR FURTHER INFORMATION CONTACT:

Dave Coffman at 1-888-912-1227, or 206-220-6096. 

# SUPPLEMENTARY INFORMATION:

                    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Assistance Center Committee of the                           ( print page 11429)                        Taxpayer Advocacy Panel will be held Tuesday, April 3, 2007 from 9 a.m. Pacific Time to 10:30 a.m. Pacific Time via a telephone conference call. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 206-220-6096, or write to Dave Coffman, TAP Office, 915 2nd Avenue, MS W-406, Seattle, WA 98174 or you can contact us at                     *http://www.improveirs.org.*                     Due to limited conference lines, notification of intent to participate in the telephone conference call meeting must be made with Dave Coffman. Mr. Coffman can be reached at 1-888-912-1227 or 206-220-6096.                 

*The agenda will include the following:*                     Various IRS issues.                 

 Dated: March 6, 2007. 

John Fay, 

Acting Director, Taxpayer Advocacy Panel.

[FR Doc. E7-4470 Filed 3-12-07; 8:45 am] 

BILLING CODE 4830-01-P
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

ANTOLIN ANDREWS,

Plaintiff, No. CIV S-04-2125 FCD GGH P

vs.

RITA McINTYRE, et al.,

Defendants. ORDER

 /

Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action

seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local General Order No. 262.

On August 3, 2005, the magistrate judge filed findings and recommendations

herein which were served on plaintiff and which contained notice to plaintiff that any objections

to the findings and recommendations were to be filed within twenty days. Plaintiff has not filed

objections to the findings and recommendations.

The court has reviewed the file and finds the findings and recommendations to be

supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

ORDERED that: 

\\\\\

Case 2:04-cv-02125-FCD-GGH Document 5 Filed 02/17/06 Page 1 of 2
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1. The findings and recommendations filed August 3, 2005, are adopted in full;

and

2. This action is dismissed.

DATED: February 17, 2006

 /s/ Frank C. Damrell Jr. 

UNITED STATES DISTRICT JUDGE

/andr2125.800

Case 2:04-cv-02125-FCD-GGH Document 5 Filed 02/17/06 Page 2 of 2
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1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

GENERAL HOLDING, INC., a

California corporation,

Plaintiff,

v.

BANCROFT VENTURES LIMITED, an

Isle of Man corporation, et

al.,

Defendants.

CIV-S-04-2749 DFL DAD 

ORDER

Plaintiff moves to transfer venue to the District of South

Carolina under 28 U.S.C. § 1404(a) and to dismiss defendant

Derivium Capital, LLC without prejudice under Fed. R. Civ. P.

41(a)(2). No defendant has opposed the motion. The motions are

GRANTED. Derivium Capital, LLC is dismissed without prejudice

and this action is transferred to the United States District

Case 2:04-cv-02749-DFL-DAD Document 63 Filed 04/07/06 Page 1 of 2
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Court, District of South Carolina, Charleston Division. 

IT IS SO ORDERED.

Dated: 4/6/2006

DAVID F. LEVI

Chief United States District Judge

Case 2:04-cv-02749-DFL-DAD Document 63 Filed 04/07/06 Page 2 of 2
No. 60880.

#### Majestic Shipping & Forwarding Co. et al. *v.*United States,

protests 158404-K, etc. (New York).

Opinion by

Wilson, J.

In accordance with stipulation of counsel that the merchandise consists of kidskin plates the same in all material respects as those the subject of *Rung Chen Fur Corpn.*v. *United States*(29 Cust. Ct. 266. C. D. 14801 or *Prime Fur Corp.*v. *United States*(37 Cust. Ct. 83, C. D. 1802) and lambskin plates similar to those the subject of *A. S. Gold & Bro., Inc.*v. *United States*(33 Cust. Ct. 120, C. D. 1643) or C. D. 1802, *supra,*the claim for free entry under paragraph 1681 was sustained.

Mollison, J.,

dissented for the reasons set forth in his dissenting opinions in C. I). 1480 and C. D. 1643, *supra.*
(Reap. Dec. 10397)

Entry No. 41504.

#### W. J. Byrnes & Co., a/c Charles Mathieu, Inc. *v.*United States

(Decided December 13, 1962)

*Lanib & Leroh*for the plaintiff.

*Joseph D. Guilfoyle,*Acting Assistant Attorney General, for the defendant.

Wilson, Judge:

This appeal for reappraisement has been submitted for decision upon the following agreement entered into between counsel for the respective parties:

> IT I-S HEREBY STIPULATED AND AGREED by and between counsel for the plaintiff and the Assistant Attorney General for the United States that the merchandise marked “A” and initialed FH by Examiner F. Hennigan, consists of Talc, appraised on the basis of United States value, as that value is defined in Section 402(a), Value (Alternative), Tariff Act of 1930, as amended by the Customs Simplification Act of 1956.

> IT IS FURTHER STIPULATED AND AGREED that the United States value found by the Appraiser was $63.00 per 2,000 pounds.

> IT IS FURTHER STIPULATED AND AGREED that United States value is the proper basis for appraisement and that the correct United States value, as defined aforesaid, is $33.05 per 2,000 pounds.

> IT IS FURTHER STIPULATED AND AGREED that this appeal for reap-praisement be submitted on this stipulation.

On the agreed facts, I find and hold United States value, as that value is defined in section 402a, Value (Alternative), of the Tariff Act of 1930, as amended by the Customs Simplification Act of 1956, to be the proper basis for the determination of the value of the merchandise here involved and that such value is $33.05 per 2,000 pounds.

Judgment will issue accordingly.
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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

JOEL ANTHONY HOLLEY,

Plaintiff, No. CIV S-04-2708 LKK PAN P

vs.

TOM L. CAREY, et al.,

Defendants. ORDER

 /

Defendants have requested an extension of time to file and serve a supplemental

opposition to plaintiff’s September 9, 2005, motion to compel. Good cause appearing, IT IS

HEREBY ORDERED that:

1. Defendants’ May 17, 2006, request for an extension of time is granted; and

2. Defendants are granted 30 days from the date of this order to file and serve a

supplemental opposition to plaintiff’s September 9, 2005, motion to compel . 

DATED: May 23, 2006.

/mp/004

holl2708.36

Case 2:04-cv-02708-LKK -EFB Document 34 Filed 05/24/06 Page 1 of 1