alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Ronald G. MCKAY, Plaintiff-Appellant, v. WELLS FARGO BANK, NATIONAL ASSOCIATION; et al., Defendants—Appellees.

No. 04-36144.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 12, 2005.*

Decided Sept. 21, 2005.

Ronald G. McKay, Ferndale, WA, pro se.

Randall J. Watts, Esq., Office of the Prosecutor, David Vis, Esq., Bellingham, WA Jonathan H. Harrison, Esq., Lance Christopher Dahl, Esq., Preston Gates & Ellis LLP, Joel E. Wright, Esq., Michelle Anastasia Corsi, Esq., Lee Smart Cook Martin *&*Patterson, P.S., Inc., Timothy J. Graham, Esq., Lane Powell, P.C., Mary C. Eklund, Esq., Eklund Rockey Stratton, P.S., Seattle, WA, Morgan M. Witt, Esq., Sybrandy & Witt, Mount Vernon, WA, for Defendants-Appellees.

Before: REINHARDT, RYMER, and HAWKINS, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Ronald G. McKay appeals pro se the district court’s order dismissing, pursuant to Fed.R.Civ.P. 9(b), his action alleging defendants committed fraud and violated the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961, *et seq.*We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, *Vess v. Ciba-Geigy Corp., USA,*317 F.3d 1097, 1106-07 (9th Cir.2003), and we affirm.

The district court properly dismissed McKay’s action because after being given the opportunity to amend his complaint, McKay still did not satisfy Fed.R.Civ.P. 9(b)’s requirement that fraud be alleged with particularity. *See id.*

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 9th Cir. R. 36-3.
No. 65786.

#### Novik & Co., Inc. *v.*United States,

protest 60/20693 (New York).

Opinion by

Wilson, J.

In accordance with stipulation of counsel that the merchandise consists of bridal headdresses similar in all material respects to those the subject of *Novik & Co., Inc.*v. *United States*(45 Cust. Ct. 183, C.D. 2221), the claim of the plaintiff was sustained.
EX-10.15.2



 





Exhibit 10.15.2




Agreement for office space

for Cascal Manager in Biwater Eko Activ Office on Sofia Bulgaria



This Agreement is made on 5th December 2007 between:



Cascal Services Ltd. of Biwater House, Station Approach, Dorking, Surrey RH4 1TZ, (Cascal)
represented by Andrew Young, Projects Director, hereinafter referred as the Client, who is pursuing
private sector projects in Central and Eastern Europe, including Bulgaria, and is basing their
Manager, Mariana Iteva, (Cascal’s Manager) in Sofia to work on these prospects, and



Biwater Eko Activ EAD represented by Nikolay Tzankov, Director, hereinafter referred to as
Executor, address 51 Stamboliiski Blvd., 6th floor, 1301 Sofia, who is operating in the
Bulgarian market in the Water Asset Management sector and has permanent offices in Sofia.



Whereas:



Eko Activ will provide Cascal with accommodation for Cascal’s Manager compromising desk space for
one person in their Sofia Office at a charge of 405 Euros per month excl VAT. This charge includes
for rental, rates, electricity, water, occasional administration, shared photocopying facility,
shared fax and telephone facility, internet connection, reasonable use of conference room,
exceptions would be consumables, non local phone calls.



In general Cascal’s Manager will seek to minimize additional services to be provided by Eko Activ
in addition to the above by making direct third party payments for these when required, but where
this is not possible or practical, and Cascal’s Manager asks Eko Activ to provide these, Eko Activ
will bill these additional charges at their cost to Casual (According the Annex 1 to this
agreement).



This accommodation has been taken up by Casual’s Manager from 26 November 2007. This agreement is
valid for 2 years subject to 2 months notice from either side.

Invoicing monthly




	 	 	 	 	 	 	 	 	 
	Duly signed	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	By:

	 	/s/ signed 
 

	 	Client 
	By:  	/s/ signed 
 

	 	Executor 
	 
	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 
	For and on behalf of	 	 	for and on behalf of	 	 
	Cascal BV	 	 	Biwater Eko Activ	 	 






1.









 





Annex 1 to the Agreement dated 05.12.2007




	 	 	 	 	 	 	 	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 	 	 	 	 	Value	 
	 	 	 	 	 	 	 	 	 	 	EUROS	 
	 	 	 	 	 	 	 	 	 	 	VAT not	 
	 	Ref.	 	 	Item Description	 	 	 	 	 	included	 
	 	A

	 	 	Desk space for one person in
Sofia office (Incl rental,
rates, electricity, water,
occasional administration,
shared photocopy facilities,
shared fax and telephone
facilities, internet
connection, reasonable use
of conference room,
exceptions would be
consumables, and non local
phone calls.
	 	 	1 
monthly
	 	 	 	405	 	 
	 	B

	 	 	Monthly Mobile Phone calls,
and international calls
	 	 	monthly	 	 	 	 	 	 
	 	C

	 	 	Agreed Miscellaneous Expenses
	 	 	monthly	 	 	 	 	 	 
	 	D

	 	 	For agreed expenses ordered
by Cascal’s Manager
	 	 	monthly	 	 	 	 	 	 
	 	 

	 	 	TOTAL	 	 	 	 	 	 	 	 	 
	 






2.
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-2000
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                       0
<CURRENT-LIABILITIES>                           32,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        17,500
<OTHER-SE>                                    (49,500)
<TOTAL-LIABILITY-AND-EQUITY>                         0
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
NUMBER 13-21-00011-CV

COURT OF APPEALS 

THIRTEENTH DISTRICT OF TEXAS 

CORPUS CHRISTI – EDINBURG 

 

L.L.C., INC. AND 

FUN HOLDINGS, LLC, Appellants, 

v.

GLENN HEGAR, COMPTROLLER OF 

PUBLIC ACCOUNTS OF THE STATE 

OF TEXAS AND KEN PAXTON, ATTORNEY

GENERAL OF THE STATE OF TEXAS, Appellees. 

 

On appeal from the 53rd District Court 

of Travis County, Texas.

 

ORDER OF ABATEMENT 

Before Chief Justice Contreras and Justices Hinojosa and Silva

Order Per Curiam
2

Appellants L.L.C., Inc. and Fun Holdings, LLC appeal the trial court’s order 

granting appellees, Glenn Hegar, Comptroller of Public Accounts of the State of Texas 

and Ken Paxton, Attorney General of the State of Texas, plea to the jurisdiction. After due 

consideration of the pleadings on file in this matter, the Court has determined that 

additional briefing is necessary. See TEX. R. APP. P. 38.7 (providing that “[a] brief may be 

amended or supplemented whenever justice requires, on whatever reasonable terms the 

court may prescribe”).

On October 29, 2021, after oral argument in this appeal, appellees submitted a 

letter brief regarding a recently issued opinion from the Austin Court of Appeals—1st 

Global, Inc. v. Hegar, No. 03-19-00740-CV, 2021 WL 5022390, at *1 (Tex. App.—Austin 

Oct. 29, 2021, no pet.) (mem. op.). Appellees claim this opinion is binding authority, as 

this appeal is a transfer case from the Third Court of Appeals in Austin. See TEX. R. APP.

P. 41.3 (“In cases transferred by the Supreme Court from one court of appeals to another, 

the court of appeals to which the case is transferred must decide the case in accordance 

with the precedent of the transferor court under principles of stare decisis.). Appellants 

did not respond to this letter brief.

The Court, having fully examined and considered the briefing, oral arguments, and 

the letter brief, is of the opinion that to effectuate the proper and complete presentation 

of this matter, the parties must brief this court on the impact, if any, of the 1st Global, Inc. 

v. Hegar opinion on the underlying appeal. See 2021 WL 5022390, at *1. Accordingly, we

abate this appeal to remove it from the Court’s active docket. Appellants’ supplemental 

brief is hereby ordered due thirty days from the date of this order. Appellees’ supplemental 
3

brief will be due thirty days after the date that appellants’ supplemental brief is filed. 

The appeal shall be reinstated after appellees’ response to our inquiry has been 

properly and duly filed. 

PER CURIAM

Delivered and filed on the

26th day of October, 2022.
p. 1


# RCRA Box 1883 Prepped byOllie Stewart



### Document

Number: 

# 89 ) ll-B-25 1 Docket Number: 

# A-90-1 9

Printed 12/3/200810:42:16

AM Sheet 89of 171P. 2 

## A-90-1 9 ll-B-25 1

MEMORANDA 

## JO ; SEP 4f99 e. ; EP AAI R DOCKE T DATE : Januar y13 , 199 2 SUBJECT : Incorporatio nb yReferenc e o f Docke t No . A-83-2 9 FROM : Doroth

yPickett , Radia nCorporatio n TO : Hazardou s Organi c NESHA P (HON ) Proces s Vent s Docke t No ,

A-90-19 . Docke t A-83-2 9 contain s informatio ntha t i s relevan t t o asses s Volatil e Organi c Compound (VOC ) emission s fro mth e Syntheti c Organi c Chemica l Manufacturing Industry . Docke t A-83-2 9 i s incorporate d b yreferenc e i nth e HONProces s Vent s docket . Docke t A-83-2 9 i s locate d i nth e Ai r Docke t Sectio no f th e U.S . Environmenta l Protectio nAgency , Wes t Towe r Lobby , 4 0 1 M Stree t SW , Washington , DC .

\
[Federal Register Volume 72, Number 86 (Friday, May 4, 2007)]
[Notices]
[Page 25272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8571]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Navy


Notice of Revised Deadline for Scoping Comments for the 
Environmental Impact Statement (EIS)/Overseas Environmental Impact 
Statement (OEIS) for the Relocation of U.S. Marine Corps Forces to 
Guam, Enhancement of Infrastructure and Logistic Capabilities, 
Improvement of Pier/Waterfront Infrastructure for Transient U.S. Navy 
Nuclear Aircraft Carrier (CVN) at Naval Base Guam, and Placement of a 
U.S. Army Ballistic Missile Defense (BMD) Task Force in Guam

AGENCY: Department of the Navy, DoD.

ACTION: Notice of Revised Deadline for Scoping Comments for the 
Environmental Impact Statement (EIS)/Overseas Environmental Impact 
Statement (OEIS) for the relocation of U.S. Marine Corps forces to 
Guam, enhancement of infrastructure and logistic capabilities, 
improvement of pier/waterfront infrastructure for transient U.S. Navy 
Nuclear Aircraft Carrier (CVN) at Naval Base Guam, and placement of a 
U.S. Army Ballistic Missile Defense (BMD) Task Force in Guam.

-----------------------------------------------------------------------

SUMMARY: The Department of the Navy is revising the deadline for 
Scoping Comments. The Notice of Intent establishing the original 
scoping period was published in the Federal Register on March 07, 2007 
(Vol. 72, No. 44, p. 10186). The impacts of Typhoon Kong-Rey 
necessitates extension of the written public scoping comment deadline. 
The written public scoping comment deadline, originally scheduled for 
May 01, 2007 is extended until May 21, 2007.

Dates And Addresses: The Department of the Navy will accept written 
comments on the EIS scope postmarked by May 21, 2007. Comments should 
be mailed to: JGPO, c/o NAVFAC Pacific, 258 Makalapa Drive, Suite 100, 
Pearl Harbor, HI 96860-3134, Attention: EV2.

FOR FURTHER INFORMATION CONTACT: Captain Robert Lee, Commander, Navy 
Region Marianas, PSC 455 Box 152, FPO AP, Guam 96540, telephone 671-
339-6156, E-mail at: <a href="/cdn-cgi/l/email-protection#5c0e333e392e28721039391c3b293d3172323d2a2572313530"><span class="__cf_email__" data-cfemail="45172a272037316b09202005223024286b2b24333c6b282c29">[email protected]</span></a>.

    Dated: 1 May 2007.
M.A. Harvison,
Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, 
Federal Register Liaison Officer.
 [FR Doc. E7-8571 Filed 5-3-07; 8:45 am]
BILLING CODE 3810-FF-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
[Federal Register Volume 72, Number 86 (Friday, May 4, 2007)]
[Notices]
[Page 25317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-8562]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Disease, Disability, and Injury Prevention and Control Special 
Emphasis Panel (SEP) ``Assessment of Proposed Revisions to the Youth 
Tobacco Survey: Impact on Measures of Youth Tobacco Use'', Request for 
Applications (RFA) DP07-003

    In accordance with Section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the Centers for Disease Control and 
Prevention (CDC) announces a meeting of the aforementioned SEP.
    Time and Date: 1 p.m.-3 p.m., June 7, 2007 (Closed).
    Place: Teleconference.
    Status: The meeting will be closed to the public in accordance with 
provisions set forth in Section 552b(c) (4) and (6), Title 5 U.S.C., 
and the Determination of the Director, Management Analysis and Services 
Office, CDC, pursuant to Public Law 92-463.
    Matters To Be Discussed: The meeting will include the review, 
discussion, and evaluation of scientific merit of applications received 
in response to ``Assessment of Proposed Revisions to the Youth Tobacco 
Survey: Impact on Measures of Youth Tobacco Use,'' RFA DP07-003.

FOR FURTHER INFORMATION CONTACT: Denise Burton, Ph.D., Scientific 
Review Administrator, Office of the Chief Science Officer, CDC, 1600 
Clifton Road, NE., Mailstop D72, Atlanta, GA 30333, Telephone 404-639-
4641.
    The Director, Management Analysis and Services Office, has been 
delegated the authority to sign Federal Register notices pertaining to 
announcements of meetings and other committee management activities, 
for both CDC and the Agency for Toxic Substances and Disease Registry.

    Dated: April 27, 2007.
Elaine L. Baker,
Acting Director, Management Analysis and Services Office, Centers for 
Disease Control and Prevention.
[FR Doc. E7-8562 Filed 5-3-07; 8:45 am]
BILLING CODE 4163-18-P
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>        <C>                     <C>
<PERIOD-TYPE>                   3-MOS         6-MOS                   YEAR
<FISCAL-YEAR-END>           DEC-31-1999    DEC-31-1999            DEC-31-1999
<PERIOD-END>                JUN-30-2000    JUN-30-2000            DEC-31-1999
<CASH>                           1,914          1,914                 30,204
<SECURITIES>                      0                 0                 41,201
<RECEIVABLES>                     0                 0                      0
<ALLOWANCES>                      0                 0                      0
<INVENTORY>                       0                 0                      0
<CURRENT-ASSETS>             3,932,182      3,932,182               4,009,014
<PP&E>                            0                 0                      0
<DEPRECIATION>                    0                 0                      0
<TOTAL-ASSETS>               3,934,096      3,934,096              4,080,419
<CURRENT-LIABILITIES>        1,316,773      1,316,773              1,402,923
<BONDS>                           0                 0                      0
<PREFERRED-MANDATORY>             0                 0                      0
<PREFERRED>                       0                 0                      0
<COMMON>                          0                 0                      0
<OTHER-SE>                   2,617,323      2,617,323              2,676,496
<TOTAL-LIABILITY-AND-EQUITY> 3,934,096      3,934,096              4,080,410
<SALES>                           0                 0                      0
<TOTAL-REVENUES>                289               775                      0
<CGS>                             0                 0                      0
<TOTAL-COSTS>                     0                 0                      0
<OTHER-EXPENSES>             41,539            68,256                      0
<LOSS-PROVISION>                  0                 0                      0
<INTEREST-EXPENSE>                0                 0                      0
<INCOME-PRETAX>             (41,250)          (67,481)                     0
<INCOME-TAX>                      0                 0                      0
<INCOME-CONTINUING>          22,500             8,308                      0
<DISCONTINUED>                    0                 0                      0
<EXTRAORDINARY>                   0                 0                      0
<CHANGES>                         0                 0                      0
<NET-INCOME>                (18,750)          (59,173)                     0
<EPS-BASIC>                     0                 0                      0
<EPS-DILUTED>                     0                 0                      0


</TABLE>
No. 48141.

#### Protests 771027-G, etc., of J. S. Staedtler, Inc. (New York).

Opinion by

Walker, J.

In accordance with stipulation of counsel and on the authority of *United States*v. *Favor*(24 C. C. P. A. 399, T. D. 48854) the protests were sustained.
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 The PBSJ Corporation (the Company) on Form 10-Q for the period ending June 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, John B. Zumwalt, III,
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:



(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.



|                |  |  | 
|--------------- |  |  | 
|August 14, 2003 |  |  | 
|                |  |  |
### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-11-00890- CV

Juan A. T ellez, A ppellan t

v. Robin All en Reid and Crete Carr ier Cor poration, App ellees

F ROM TH E DISTRI CT COURT O F CO MAL CO UNTY, 274 TH JUDICI AL DISTRICT NO. C2011 -02 73B , H ONO RAB LE CHARLES R. RAMSAY , JUDGE P RESIDING

M E M O R A N D U M O P I N I O N P ER CURIAM

J uan A. Tellez filed his notice of appea l from the district court’s order g ranting a noevidenc e summary judgme nt in favor of appellee s Robin Allen Reid and Crete Carrie r Corporation. Howeve r, the order does not ref lect the date that it was signe d. Cf. Tex. R. Civ. P. 306a(2) (re quiring trial court or ders to state da te of sig ning therein). The day and month ty

ped on the or der itself a

re struck throug h (“ S I GNED this 13th day of September 2011”), and althoug h the order bear s a September 26, 2011 file stamp, that date prec edes the trial court’s October 25, 2011 docket entry and letter to the pa

rties stating that the motion was g rante d. 1 We there fore abate thi s ap p eal and rema nd this cause to the district court to
cer tify the date t h at i t signe d the order g ranting the no-evide nce motion for summary judgme nt

The file- stamped date also conflicts with an October 31, 2011 letter betwee n counsel for 1 approva l of the for

m of the orde r and the November 9, 2011 filing of

a motion to enter the or der.in Cause No. C2011-0273B. See id. (providing that “[i] f the date of signi n g is not rec ited in the

judgme nt or order , it may be sho wn i n the rec ord by a cer tificate of the judge ”); see also Flores

v. Flores , No. 13-99-00570- CV, 2001 Tex. App. L EXI S 2443, at *5 n.2 (Tex. App.—Corpus Christi Apr. 12, 2001, no pet.) (mem. op., not desig nated for publication) (noting prior abate m ent and
rema nd to trial court for cer

tification of date that it signe d appea led order ). The district court’s
cer tification shall be filed with this Court as a supplemental cler k’s rec ord n o l at er than November

19, 2012.

Be fore Chief J ustice Jones, J ustices Pemberton a nd Rose Abated Filed: Oc tober 18, 2012

2
<SEQUENCE>3
<FILENAME>robinsoncert 033103.txt
                                                                Exhibit 99.2



                          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 Uptowner Inns, Inc.
(the "Company") on Form 10-Q for the period ending March 31, 2003
as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), the undersigned, Chief Financial Officer of the Company,
certifies, 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 results of operations of the
Company.




/s/ David Robinson
Chief Financial Officer
May 13, 2003
Before the Second Division,

June 14, 1949

No. 53252.

#### W. T. Grant Co., Inc. *v.*United States,

protests 969417-G, etc. (New York).

Opinion by

Lawrence, J.

The protests were dismissed.