alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Gavin M. GRIFFITH, Plaintiff-Appellant, v. SUN LIFE ASSURANCE CO. OF CANADA, a Canadian corporation, Defendant—Appellee.

No. 03-17121.

D.C. No. CV-01-01095-PGR.

United States Court of Appeals, Ninth Circuit.

Submitted June 15, 2005.*

Decided June 17, 2005.

*9Frederick C. Berry, Jr., Law Office of Frederick C. Berry Jr., Brendan Norbert Mahoney, Bonn *&*Wilkins, Phoenix, AZ, for Plaintiff-Appellant.

William Demlong, Kunz Plitt Hyland Demlong *&*Kleifield, P.C., Phoenix, AZ, David Cabrales, William Scott Hastings, Locke Liddell & Sapp LLP, Dallas, TX, for Defendant-Appellee.

Before TALLMAN, BYBEE, and BEA, Circuit Judges.

*

This panel unanimously finds this case suit*9able for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM**

Plaintiff-Appellant Gavin Griffith appeals from an order granting a motion for summary judgment filed by defendant-appellee Sun Life Assurance Company of Canada (“Sun Life”). We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

We review the grant of summary judgment *de novo*and must determine, after viewing the evidence in the light most favorable to the non-moving party, whether the district court correctly applied the relevant substantive law and whether any genuine issues of material fact exist for trial. *Ford v. MCI Communications Corp. Health and Welfare Plan,*399 F.3d 1076, 1079 (9th Cir.2005). This court also reviews *de novo*the district court’s interpretation of ERISA. *Id.; Everhart v. Allmerica Financial Life Ins. Co.,*275 F.3d 751, 753 (9th Cir.2001).

Where, as here, a defendant moves for summary judgment based on the absence of evidence of an element essential to the plaintiff’s case, the burden is on the plaintiff to offer some evidence creating a genuine issue of material fact as to that element. *Celotex Corp. v. Catrett,*477 U.S. 317, 322—24, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

Seeking ERISA benefits, Griffith sued Sun Life under 29 U.S.C. § 1132(a)(1)(B), which requires that the defendant be either the plan sponsor or the plan administrator. Griffith admits that his employer HSC Hospitality, Inc., not Sun Life, was the plan sponsor. Griffith also admits Sun Life was “not designated in the policy as an ERISA administrator pursuant to 29 *10U.S.C. § 1002(16).... ” Instead, Griffith argues that because Sun Life “handled all aspects of enrollment, claim processing, and other tasks an administrator typically is responsible for,” it was the *defacto*plan administrator and is therefore a proper defendant. This court has already rejected Griffith’s argument. *See Ford,*399 F.3d at 1081—82; *Everhart,*275 F.3d at 754 n. 3; *see also*29 U.S.C. § 1002(16).

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of *this*circuit *except as*provided by Ninth Circuit Rule 36-3.
Exhibit   4.10

                         AMENDMENT TO FORD MOTOR COMPANY
                           DEFERRED COMPENSATION PLAN
                       (Effective as of October 29, 1999)



Paragraph (f) of Section 4 is amended to read as follows:
--------------------------------------------------------

     "(f) Deferrals of Awards Under AIC Plan and Other Similar Plans.
     Notwithstanding anything contained in the Plan to the contrary, subject to
     any limitations determined under paragraph (a) or paragraph (e) of this
     Section 4, U.S. employees who receive an award payable only in cash under
     the AIC Plan, the RPM Plan, the ARC Plan, the PRIMUS Management Incentive
     Plan, the Fairlane Credit Management Incentive Plan, the National Recovery
     Center Management Incentive Plan, the AMI Leasing, Inc. Executive
     Incentive Plan or the AMI Leasing, Inc. Management Incentive Plan are
     eligible to defer payment under the Plan from 1% to 100%, in 1%
     increments, of such amount net of applicable taxes, but not less than
     $1,000, provided that such employees are actively employed by the Company
     in salary grade 11 or above or the equivalent at the time of the election
     to defer. Unless otherwise determined by the Compensation and Option
     Committee, deferrals of cash awards under the AIC Plan, the RPM Plan, the
     ARC Plan, the PRIMUS Management Incentive Plan, the Fairlane Credit
     Management Incentive Plan, the National Recovery Center Management
     Incentive Plan, the AMI Leasing, Inc. Executive Incentive Plan or the AMI
     Leasing, Inc. Management Incentive Plan shall be subject to the same terms
     and conditions of the Plan that apply to deferrals of awards of
     supplemental compensation under the SC Plan. For purposes of the Plan, any
     references to awards or payments of supplemental compensation shall be
     deemed to cover cash awards or cash payments under the AIC Plan, the RPM
     Plan, the ARC Plan, the PRIMUS Management Incentive Plan, the Fairlane
     Credit Management Incentive Plan, the National Recovery Center Management
     Incentive Plan, the AMI Leasing, Inc. Executive Incentive Plan and the AMI
     Leasing, Inc. Management Incentive Plan."
1 

### Chappell, Regina

From: Szabo, Aaron <Aaron_L_Szabo@omb.eop.gov>

Sent: Wednesday, September 30, 2015 5:43 PM

To: Sasser, Erika

Cc: Frey, Nathan J.; Chappell, Regina; Wesson, Karen; Weatherhead, Darryl; Langdon, Robin;

Stone, Susan; Shepherd, Eloise; Corrales, Mark; Laity, Jim

Subject: Conclusion of EO 12866 and 13563 Review: Review of National Ambient Air Quality

Standards for Ozone (RIN 2060-AP38)

This email serves as notice that the Office of Management and Budget (OMB) has concluded its review with a finding of

statutory or judicial deadline under Executive Orders (EO) 12866 and 13563 of the U.S. Environmental Protection

Agency’s (EPA) final rule titled "Review of National Ambient Air Quality Standards for Ozone."

Please let me know if you have any questions or comments. Thank you.

Aaron L. Szabo

Policy Analyst

Office of Management and Budget

202

‐ 395

‐ 3621

Aaron_L_Szabo@omb.eop.gov
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          OCT-31-1997
<PERIOD-END>                               JAN-31-1997
<CASH>                                          474132
<SECURITIES>                                    406425
<RECEIVABLES>                                   214094
<ALLOWANCES>                                         0
<INVENTORY>                                     500000
<CURRENT-ASSETS>                               1760411
<PP&E>                                        12875931
<DEPRECIATION>                                 5850632
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<CURRENT-LIABILITIES>                          3017394
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<CGS>                                                0
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<INTEREST-EXPENSE>                              265663
<INCOME-PRETAX>                               (196551)
<INCOME-TAX>                                         0
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<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                           <C>                     <C>             <C>
<PERIOD-TYPE>              3-MOS                   9-MOS             YEAR
<FISCAL-YEAR-END>       DEC-31-1997             DEC-31-1997       DEC-31-1996
<PERIOD-END>            SEP-30-1997             SEP-30-1997       DEC-31-1996
<CASH>                           0               1,445,097         1,394,990
<SECURITIES>                     0                       0                 0
<RECEIVABLES>                    0                       0                 0
<ALLOWANCES>                     0                       0                 0
<INVENTORY>                      0                       0                 0
<CURRENT-ASSETS>                 0               2,720,440         2,556,685
<PP&E>                           0                       0                 0
<DEPRECIATION>                   0                       0                 0
<TOTAL-ASSETS>                   0               2,720,440         2,556,685
<CURRENT-LIABILITIES>            0                  16,351            30,653
<BONDS>                          0                       0                 0
<PREFERRED-MANDATORY>            0                       0                 0
<PREFERRED>                      0                       0                 0
<COMMON>                         0                       0                 0
<OTHER-SE>                       0               2,704,089         2,526,032
<TOTAL-LIABILITY-AND-EQUITY>     0               2,720,440         2,556,685
<SALES>                          0                       0                 0
<TOTAL-REVENUES>            15,130                  44,003                 0
<CGS>                            0                       0                 0
<TOTAL-COSTS>                    0                       0                 0
<OTHER-EXPENSES>            34,068                  89,217                 0
<LOSS-PROVISION>                 0                       0                 0
<INTEREST-EXPENSE>               0                       0                 0
<INCOME-PRETAX>             52,240                 178,057                 0
<INCOME-TAX>                52,240                 178,057                 0
<INCOME-CONTINUING>              0                       0                 0
<DISCONTINUED>                   0                       0                 0
<EXTRAORDINARY>                  0                       0                 0
<CHANGES>                        0                       0                 0
<NET-INCOME>                52,240                 178,057                 0
<EPS-PRIMARY>                    0                       0                 0
<EPS-DILUTED>                    0                       0                 0
        

</TABLE>
**EXHIBIT32.1**

 

**UnionCarbide Corporation and Subsidiaries**

** **

**Certification Pursuant to Section 906 of theSarbanes-Oxley Act of 2002**

** **

I, Patrick E. Gottschalk,President and Chief Executive Officer of Union Carbide Corporation (the “Corporation”),certify that:

 
| 1.     |   | the Quarterly Report on  Form 10-Q of the Corporation for the quarter ended September 30,  2008 as filed with the Securities and Exchange Commission (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 Corporation.                                                                                                                                                          |

 

 
| /s/ PATRICK E.  GOTTSCHALK             |   |
|----------------------------------------|--------|
| Patrick E. Gottschalk                  |   |
| President and Chief  Executive Officer |   |
| Date: October 28,  2008           |   |

 

28

----
No. 65734.

#### Rohner, Gehrig & Co., Inc. *v.*United States,

protest 60/26017 (New York).

Opinion by

Lawrence, J.

From a review of the record in this case, the court found nothing tending in any way to overcome the presumption of correctness attaching to the classification by the collector. The protest was, therefore, overruled.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 373 Introduced in House (IH)]

110th CONGRESS
  2d Session
H. CON. RES. 373

 Authorizing Frank Woodruff Buckles to lie in honor in the rotunda of 
                      the Capitol upon his death.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2008

    Mrs. Capito (for herself and Mr. Buyer) submitted the following 
  concurrent resolution; which was referred to the Committee on House 
                             Administration

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
 Authorizing Frank Woodruff Buckles to lie in honor in the rotunda of 
                      the Capitol upon his death.

Whereas the veterans of the First World War fought bravely and made heroic 
        sacrifices for the Allied forces; and
Whereas past resolutions have sought authorization for American heroes to lie in 
        honor in the rotunda of the Capitol upon an individual's passing, it is 
        the Nation's collective desire to express its gratitude for the service 
        of all World War I veterans by making it known to that war's last 
        American survivor the honor it wishes to bestow on him before he passes: 
        Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring),

SECTION 1. HONORING FRANK WOODRUFF BUCKLES.

    (a) In General.--In recognition of the historic contributions of 
United States veterans who served in the First World War, Frank 
Woodruff Buckles, the last surviving United States veteran of the First 
World War, shall be permitted to lie in honor in the rotunda of the 
Capitol upon his death, so that the citizens of the United States may 
pay their last respects to this great American.
    (b) Implementation.--The Architect of the Capitol, under the 
direction and supervision of the President pro tempore of the Senate 
and the Speaker of the House of Representatives, shall take the 
necessary steps to implement subsection (a).
                                 <all>
```
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
consolidated balance sheet and consolidated statement of operations for the
quarter ended March 31, 1997 and is qualified in its entirety by reference to
such financial statements.
</LEGEND>
       
<S>                                        <C>
<PERIOD-TYPE>                              3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                          70,291
<SECURITIES>                                         0
<RECEIVABLES>                                  140,316
<ALLOWANCES>                                         0
<INVENTORY>                                    131,603
<CURRENT-ASSETS>                             1,031,500
<PP&E>                                       9,088,273
<DEPRECIATION>                               4,103,672
<TOTAL-ASSETS>                              16,706,697
<CURRENT-LIABILITIES>                        1,823,731
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        27,015
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                16,706,697
<SALES>                                        477,651
<TOTAL-REVENUES>                               630,775
<CGS>                                          114,376
<TOTAL-COSTS>                                  114,376
<OTHER-EXPENSES>                             1,084,684
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              28,312
<INCOME-PRETAX>                              (596,697)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (596,597)
<EPS-PRIMARY>                                   (0.22)
<EPS-DILUTED>                                   (0.22)
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JUL-31-1998
<PERIOD-START>                             AUG-01-1997
<PERIOD-END>                               APR-30-1998
<CASH>                                          10,789
<SECURITIES>                                         0
<RECEIVABLES>                                  275,034
<ALLOWANCES>                                   (6,454)
<INVENTORY>                                    128,654
<CURRENT-ASSETS>                               442,896
<PP&E>                                         792,734
<DEPRECIATION>                               (338,351)
<TOTAL-ASSETS>                               1,258,884
<CURRENT-LIABILITIES>                          195,760
<BONDS>                                        432,907
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        45,764
<OTHER-SE>                                     497,337
<TOTAL-LIABILITY-AND-EQUITY>                 1,258,884
<SALES>                                        988,117
<TOTAL-REVENUES>                               988,117
<CGS>                                          659,780
<TOTAL-COSTS>                                  874,656
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   916
<INTEREST-EXPENSE>                              15,817
<INCOME-PRETAX>                                 99,689
<INCOME-TAX>                                    39,702
<INCOME-CONTINUING>                             59,987
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    59,987
<EPS-PRIMARY>                                     1.39
<EPS-DILUTED>                                     1.37
        

</TABLE>
No. 41998.

#### Protests 128839-G, etc., of Stern Bros. (New York).

Opinion by

Tilson, J.

From the record it was found that certain items consist of Normandy laces similar to those involved in *Amrein*v. *United States*(T. D. 49551) and embroidered articles like those the subject of *Pustet*v. *United States*(13 Ct. Cust. Appls. 530, T. D. 41396). The claim at 75 percent under paragraph 1430 was therefore sustained.
110TH CONGRESS 

2D SESSION H. CON. RES. 335 

CONCURRENT RESOLUTION 

1 Resolved by the House of Representatives (the Senate 

2 concurring), 

3 SECTION 1. USE OF CAPITOL GROUNDS FOR 100TH ANNI4 VERSARY CELEBRATION OF ALPHA KAPPA 

5 ALPHA SORORITY, INCORPORATED. 

6 (a) IN GENERAL.—Alpha Kappa Alpha Sorority, In7 corporated (in this resolution referred to as the ‘‘sponsor’’ 
2 

•HCON 335 EH 

1 ), shall be permitted to sponsor a public event (in this res2 olution referred to as the ‘‘event’’) on the Capitol Grounds 

3 to celebrate the 100th anniversary of Alpha Kappa Alpha 

4 Sorority, Incorporated. 

5 (b) DATE OF EVENT.—The event shall be held on 

6 July 17, 2008, or on such other date as the Speaker of 

7 the House of Representatives and the Committee on Rules 

8 and Administration of the Senate jointly designate. 

9 SEC. 2. TERMS AND CONDITIONS. 

10 (a) IN GENERAL.—Under conditions to be prescribed 

11 by the Architect of the Capitol and the Capitol Police 

12 Board, the event shall be— 

13 (1) free of admission charge and open to the 

14 public; and 

15 (2) arranged not to interfere with the needs of 

16 Congress. 

17 (b) EXPENSES AND LIABILITIES.—The sponsor shall 

18 assume full responsibility for all expenses and liabilities 

19 incident to all activities associated with the event. 

20 SEC. 3. EVENT PREPARATIONS. 

21 Subject to the approval of the Architect of the Cap22 itol, the sponsor is authorized to erect upon the Capitol 

23 Grounds such stage, sound amplification devices, and 

24 other related structures and equipment as may be required 

25 for the event. 
3 

•HCON 335 EH 

1 SEC. 4. ENFORCEMENT OF RESTRICTIONS. 

2 The Capitol Police Board shall provide for enforce3 ment of the restrictions contained in section 5104(c) of 

4 title 40, United States Code, concerning sales, advertise5 ments, displays, and solicitations on the Capitol Grounds, 

6 as well as other restrictions applicable to the Capitol 

7 Grounds, in connection with the event. 

Passed the House of Representatives June 4, 2008. 

Attest: 

Clerk. 
110TH CONGRESS 

2D SESSION H. CON. RES. 335 

CONCURRENT RESOLUTION 

Authorizing the use of the Capitol Grounds for a 

Kappa Alpha Sorority, Incorporated. celebration of the 100th anniversary of Alpha