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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

In re: R & S ST. ROSE, LLC,

 Debtor,

BRANCH BANKING AND TRUST

COMPANY,

 Plaintiff - Appellee,

 v.

R & S ST. ROSE, LLC,

 Defendant - Appellant.

No. 14-16976

D.C. No. 2:14-cv-00939-JCM

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

James C. Mahan, District Judge, Presiding

Argued and Submitted October 22, 2015

San Francisco, California

Before: CLIFTON and N.R. SMITH, Circuit Judges and LASNIK,** District Judge.

FILED

NOV 02 2015

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

 * This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The Honorable Robert S. Lasnik, District Judge for the U.S. District

Court for the Western District of Washington, sitting by designation.
R & S St. Rose Lenders appeals from the district court’s order reversing in

part an order by the bankruptcy court that overruled Branch Banking and Trust’s

objection to Lenders’ proof of claim in the bankruptcy of R & S St. Rose. The

district court’s order remanded the matter to the bankruptcy court for further

proceedings. We review de novo our own jurisdiction and whether a bankruptcy

court’s decision is final under 28 U.S.C. § 158(d). Silver Sage Partners, Ltd. v.

City of Desert Hot Springs (In re City of Desert Hot Springs), 339 F.3d 782, 787

(9th Cir. 2003). We dismiss for lack of jurisdiction. 

The district court’s order reversing the bankruptcy court and remanding for

further proceedings is not a final decision over which we have appellate

jurisdiction. See Sahagun v. Landmark Fence Co. (In re Landmark Fence Co.), 

No. 13-55509, 2015 WL 5295114, at *2 (9th Cir. Sept. 11, 2015) (discussing the

standard for determining finality in bankruptcy proceedings). The district court’s

order opens the door to further factfinding and litigation surrounding the amount of

Lenders’ proof of claim. This court’s interest in avoiding piecemeal litigation,

promoting judicial efficiency, and preserving the bankruptcy court’s role as

factfinder all therefore weigh against a finding of jurisdiction. See id. at *2–3. 

Each party is to bear its own costs.

DISMISSED.

2
Before the Second Division,

October 17, 1945

No. 50585.

#### Protests 530958-G, etc., of E. M. Poons Co. of Kobe, Inc. (New York).

Opinion by

Tilson, J.

The testimony of the only witness presented showed that certain items of the merchandise consist of hats known as harvest hats similar in all material respects to those the subject of *Caradine Hat Co.*v. *United States*(9 Cust. Ct. 69, C. D. 664). Upon the established facts and following the authority cited the merchandise was held dutiable as claimed.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
STATEMENT OF ASSETS, LIABILITIES, AND TRUST CORPUS AS OF MARCH 31, 1999 AND THE
STATEMENT OF DISTRIBUTABLE INCOME FOR THE THREE MONTHS ENDED MARCH 31, 1999 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                       1,439,836
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,439,836
<PP&E>                                      28,267,655
<DEPRECIATION>                              27,828,766
<TOTAL-ASSETS>                               1,878,725
<CURRENT-LIABILITIES>                           55,593
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     438,889
<TOTAL-LIABILITY-AND-EQUITY>                 1,878,725
<SALES>                                              0
<TOTAL-REVENUES>                               104,528
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                48,935
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 55,593
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    55,593
<EPS-PRIMARY>                                     .012
<EPS-DILUTED>                                     .012
        

</TABLE>
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 15**  **- 2120** 

In R e: MELVIN LEE LUCKY, a/k/a Melvin Lee Luckey , Petitioner
.

On P etition for Writ of Mandamus
. ( 5:15

- ct

- 03237

- FL )

Submitted : December 15, 2015 Decided: December 17, 2015

Before GREGORY and FLOYD , Circuit Judges , and DAVIS, Senior Circuit Judge
.
Petition denied by un published per curiam opinion
.
Melvin Lee Lucky , Petitioner Pro Se.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Melvin Lee Lucky petitions for a writ of mandamus seeking an order directing the district court to commute his sentence and order his immediate release from imprisonment . We conclude that Lucky is not entitled to mandamus relief.
M andamus relief is a drastic remedy and should be used only in extraordinary circumstances. Kerr v. U
. S
. Dist. Court , 426 U.S. 394, 402 (1976) ; United States v. Moussaoui , 333 F.3d 509, 516

- 17 (4th Cir. 2003) . Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. In re First Fed. Sav. & Loan Ass ’ n , 860 F.2d 135, 138 (4th Cir. 1988)
. Mandamus may not be used as a substitute for appeal. In re Lockheed Martin C orp. , 503 F.3d 351, 353 (4th Cir. 2007). The relief sought by Lucky is not available by way of mandamus. Accordingly, we deny the petition for a writ of mandamus. We dispense with oral argument because the facts and legal contentions are adequately pre sented in the materials before th is court and argument would not aid the decisional
process. PETITION DENIED
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 on Form 10-QSB of Cartoon Acquisition, Inc.
(the "Company") for the period ended June 30, 2004, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Randolph S.
Hudson, President, Chief Executive Officer, Secretary, Treasurer, and Chief
Financial 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:

(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/
Randolph S. Hudson

Randolph
S. Hudson Chief Executive Officer

---
Case: 2:11-cv-00328-EAS-MRA Doc #: 20 Filed: 08/30/12 Page: 1 of 6  PAGEID #: <pageID>

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Case: 2:11-cv-00328-EAS-MRA Doc #: 20 Filed: 08/30/12 Page: 6 of 6  PAGEID #: <pageID>

    -       - Superintendent of Documents
      - 2015-05-12T12:20:56-0400
      - US GPO, Washington, DC 20401
      - Superintendent of Documents
      - GPO attests that this document has not been altered since it was disseminated by GPO
Before the Third Division,

April 16, 1952

No. 56560.

protest 174837-K (A) (New York).

#### Nanking Co. *v.*United States,

Opinion by

Ekwall, J.

It was stipulated that the Federal Reserve bank certified dual rates of exchange for the currency involved in the liquidation of the entries for the dates of exportation of the merchandise covered by the entries *452and that the circumstances relating to the liquidation of the said entries are similar in all material respects to those in Abstract 54732. In view of this stipulation and following the cited decision it was held that the currency of the invoices should have been converted in the manner directed by the judgment of this 'court in said Abstract 54732, in accordance with Bureau of Customs Circular Letter No. 2675, dated October 19, 1949.
No. 40280.

#### Protests 738228-G, etc., of Geo. S. Bush & Co., Inc., et al. (Seattle).

Opinion by

Sullivan, J.

It was stipulated that the merchandise consists of teak squares similar to those passed upon in *Mitsui*v. *United States*(T. D. 47761). The protests were therefore sustained.
ex10_12.htm


Exhibit 10.12


 








 




 


February 20, 2015







Mr. Jorge Perez







Dear Jorge:







I am pleased to extend an offer of employment to you as Executive Vice President at Professional Diversity Network beginning March 2, 2015 or on a mutually agreeable date on the terms described in this letter.







Your base salary compensation will be compensated be $235,000 per year, paid in a bi-monthly amount of $9,791.67.  You will also earn an annual bonus equal to 10% of the net profit of the Recruitment Division of Professional Diversity Network, Inc.







PDN will provide you with a comprehensive benefit package including health, dental, vision and life insurance plans, beginning the first of the month following the first full calendar month after your date of hire. You will also be eligible to participate in our Paid Time Off (PTO) leave program as well as our Equity Compensation Plan.







You will be required to provide proof of identity and of your authorization to work in the United States as of your start date. This letter does not constitute an employment contract. By accepting this offer, you understand and agree that you will be an employee at will.







Jorge, we are looking forward to you joining our team and sharing in the excitement that our online network brings to diverse professionals. I trust that you will find this offer fair and equitable, however, if you should have any questions regarding the terms described above please do not hesitate to contact me. You may indicate your acceptance by signing below and returning one of the duplicate originals of this letter to me.







Sincerely,

















David Mecklenburger




Chief Financial Officer







Accepted:







"I hereby accept the terms & conditions of employment outlined above. Further, this letter constitutes the sole expression of my agreement with Professional Diversity Network and it supersedes all other agreements or negotiations. Being full, complete, and exclusive, this agreement is not subject to change or modification of any kind, except if in writing and signed by myself and the President and Chief Executive Officer of Professional Diversity Network, Inc. or his duly appointed designee."


 



	/s/ Jorge Perez	 	3/1/2015	 
	Jorge Perez	 	Date	 
	
cc:   Personnel File
#### Daniel Magee, Resp’t, v. The City of Troy, App’lt.

*Ohas. E. Patterson,*for resp’t; *JR. A. Parmenter,*for app’lt.

Judgment affirmed, with costs.

All concur.

Affirming 16 N. Y. Stale Rep., 336.
No. 47468.

#### Protests 56288-K, etc., of Geo. Borgfeldt Corp. et al. (Philadelphia, etc.).

Opinion by

Oliver, P. J.

Following the authorities cited in Abstract 15400 the court dismissed the protests.-
## IN THE COURT O F CRIMINA L A PPEA LS OF TEXA S NO. WR-83,978-01

EX P ARTE CHARLES ANDREW CAP P S, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 13-02-01707-C R(1) IN THE 9T H DISTRICT COURT

F ROM MONTG OMERY COUNTY

Y E A R Y , J . , f

i l e d a d i s s e n t i n g o p i n i o n .

D I S S E N T I N G O P I N I O N I d i s s e n t f

o r t h e r e a s o n s s t a t e d i n m y d i s s e n t i n g o p i n i o n i n E x p a r t e F o u r n i e r , 4 7 3 S

. W
. 3 d 7 8 9 ( T e x . C r i m . A p p . 2 0 1 5 )

.

F I L E D : F E B R U A R Y 1 0 , 2 0 1 6 D O N O T P U B L I S H
Exhibit 32.1  CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL 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 Annual Report on Form 10-K of Santo Mining Corporation (the “Company”) for the fiscal year ended July 31, 2013, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Alain French, Principal Executive Officer and Principal Financial 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 my knowledge:  1.

   The Annual Report on Form 10-K for the year ended July 31, 2013, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and2.

   The information contained in such Annual Report on Form 10-K for the year ended July 31, 2013, fairly presents, in all material respects, the financial condition and results of operations of Santo Mining Corporation.
  Date: November 13, 2013SANTO MINING CORPORATIONBy:/s/ Alain FrenchAlain French

   President, Principal Executive Officer, Secretary, Treasurer,

   Principal Financial Officer, Director

   (Duly Authorized, Principal Executive Officer and Principal Financial Officer)
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# Summer research fellowship program at the National Institutes of Health: opportunities for experience in laboratory research in the nation's capital

                - U.S. Government Posters

## Description

                    -           Title        
                    -  Summer research fellowship program at the National Institutes of Health: opportunities for experience in laboratory research in the nation's capital 
                    -           Creator        
                    -  National Institutes of Health (U.S.) 
                    -           Subject: Time        
                    -  1980-1990 
                    -           Subject: Place        
                    -  United States 
                    -           Physical Description        
                    -  128 × 22 cm 
                    -           Number of Pages        
                    -  1 
                    -           Host institution        
                    -  University of Iowa. Libraries. Government Publications 
                    -           Digitization Specifications        
                    -  Scanned with Ricoh Aficio 3228 Scanner at 300 ppi, 24-bit color. Archival tiff image available. 
                    -           Rights Management        
                    -  This is a work of the U.S. Government and is not subject to copyright protection in the United States. 
                    -           Contact Information        
                    -  Please contact the Government Publications Department at the University of Iowa Libraries: lib-govpub@uiowa.edu. 
                    -           Item Type (AAT)        
                    -  Posters 
                    -           Item Type (IMT)        
                    -  jpeg 
                    -           Identifier        
                    -  018838932.jpg 

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                -
No. 58151.

protest 164346-K (New York).

#### E. J. Petrosemolo, Inc., and Barian Shipping Co., Inc. *v.*United States,

Opinion by

Ekwall, J.

In accordance with stipulation of counsel that the merchandise consists of artichokes, pickled in vinegar and packed in olive oil, and mixed vegetables, pickled in vinegar not in chief value of cucumbers, similar in all material respects to the merchandise the subject of *E. J. Petrosemolo Co., Inc.,*and *Barian Shipping Co., Inc.*v. *United States*(29 Cust. Ct. 159, C. D. 1461), the claim of the plaintiffs was sustained.
AO 450 (Rev. 5/85) Judgment in a Civil Case 

UNITED STATES DISTRICT COURT 

 SOUTHERN DISTRICT OF OHIO 

 Eastern Division 

WILLIAM WELLS, et al., 

Plaintiffs,

AMENDED JUDGMENT IN A CIVIL CASE

v. 

CASE NO. 2:11-CV-217 

BRANDON RHODES, et al., CHIEF JUDGE EDMUND A. SARGUS, JR.

 MAGISTRATE JUDGE NORAH MCCANN KING

Defendants.

Jury Verdict. This action came before the Court for a trial by jury. The issues have 

been tried and the jury has rendered its verdict. 

Decision by Court. A decision has been rendered by the Court without a hearing or 

trial. 

Pursuant to the ORDER filed December 16, 2014 and the OPINION AND ORDER 

filed March 17, 2015, an AMENDED JUDGMENT is hereby entered DISMISSING this 

case. 

Date: March 17, 2015 RICHARD W. NAGEL, CLERK 

/S/ Andy F. Quisumbing 

(By) Andy F. Quisumbing 

 Courtroom Deputy Clerk 

Case: 2:11-cv-00217-EAS-NMK Doc #: 163 Filed: 03/17/15 Page: 1 of 1 PAGEID #: <pageID>
exv10w2







Exhibit 10.2




FISHER COMMUNICATIONS, INC.




SUMMARY OF NONEMPLOYEE DIRECTOR FEES



Nonemployee directors receive the following compensation:




	 	 	 	 	 
	 	 	Amount ($)
	Annual Board Retainer
	 	 	 	 
	 
	 	 	 	 
	Chairman
	 	 	65,000	 
	 
	 	 	 	 
	All other directors
	 	 	24,000	 
	 
	 	 	 	 
	Additional Annual Committee Chair Retainers
	 	 	 	 
	 
	 	 	 	 
	Audit Committee
	 	 	7,500	 
	 
	 	 	 	 
	Compensation Committee
	 	 	7,500	 
	 
	 	 	 	 
	Board Meeting Fee (per meeting attended)
	 	 	1,000	 
	 
	 	 	 	 
	Committee Meeting Fee (per meeting attended)
	 	 	1,000	 





Pursuant to the terms of the Equity Grant Program for Nonemployee Directors under the Fisher
Communications, Inc. Amended and Restated 2008 Equity Incentive Plan, nonemployee directors receive
a portion of their fees in the form of fully vested stock.
Exhibit 99.8

GRAPHIC

MANAGEMENT'S RESPONSIBILITY FOR FINANCIAL INFORMATION

Sprott
Asset Management LP, the "Manager" of the Sprott Physical Silver Trust (the "Trust") is responsible for the integrity, consistency, objectivity and reliability of the Financial
Statements of the Trust. International Financial Reporting Standards have been applied and management has exercised its judgment and made best estimates where appropriate.

The
Manager's internal controls and supporting procedures maintained provide reasonable assurance that financial records are complete and accurate. These supporting procedures include the oversight of
RBC Investor Services, the Trust's valuation agent.

Management
has assessed the effectiveness of the internal controls over financial reporting as at December 31, 2012 using the framework found in Internal
Control  Integrated Framework issued by the Committee of Sponsoring Organizations of the Treadway Commission. Based upon this assessment, management has
concluded that as at December 31, 2012 the Manager's internal controls over financial reporting were effective.

Ernst &
Young LLP, the independent auditors appointed by the Manager of the Trust, have audited the effectiveness of the Trust's internal control over financial reporting as at
December 31, 2012 in addition to auditing the Trust's Financial Statements as of the same date. Their reports, which expressed an unqualified opinion, can be found on pages 2 to 3
of the Financial Statements. Ernst & Young have full and free access to, and meet periodically with, the Manager of the Trust to discuss their audit and matters arising there from, such as,
comments they may have on the fairness of financial reporting and the adequacy of internal controls.

GRAPHIC

Steven
Rostowsky
Chief Financial Officer
March 25, 2013

---



QuickLinks
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 14-40441

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee

v.

CRISTOBAL SARCENO-SARCENO,

Defendant-Appellant

Appeal from the United States District Court

for the Southern District of Texas

USDC No. 7:13-CR-1892-1

Before JONES, BENAVIDES, and GRAVES, Circuit Judges. 

PER CURIAM:*

Cristobal Sarceno-Sarceno (Sarceno) pleaded guilty to illegal reentry 

following deportation, in violation of 8 U.S.C. § 1326. Relevant to this appeal, 

the district court assessed a 12-level “drug trafficking offense” enhancement 

pursuant to U.S.S.G. § 2L1.2(b)(1)(B) based on Sarceno’s 2008 New York 

conviction for criminal sale of a controlled substance in the third degree. 

 

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not 

be published and is not precedent except under the limited circumstances set forth in 5TH 

CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

August 13, 2015

Lyle W. Cayce

Clerk

 Case: 14-40441 Document: 00513152928 Page: 1 Date Filed: 08/13/2015
No. 14-40441

2

For the first time on appeal, Sarceno contends that the district court 

plainly erred in imposing the 12-level enhancement because the New York 

offense of conviction may be violated by the giving away or sharing of drugs 

with no remuneration. He argues that the term “drug trafficking offense” in 

§ 2L1.2 requires remuneration. 

While the instant appeal was pending, this court rejected the argument 

that an offense must require remuneration to qualify as a drug trafficking 

offense under § 2L1.2. United States v. Martinez-Lugo, 782 F.3d 198, 201-05 

(5th Cir. 2015). Accordingly, the judgment of the district court is AFFIRMED.

 Case: 14-40441 Document: 00513152928 Page: 2 Date Filed: 08/13/2015