alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

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

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

HUGO SOSA RIVAS Y PEREZ,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 09-73070

Agency No. A095-003-287

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted June 15, 2011** 

Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.

Hugo Sosa Rivas y Perez, a native and citizen of El Salvador, petitions for

review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal

from an immigration judge’s (“IJ”) decision denying his motion to reconsider. We

have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the

FILED

JUN 21 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-73070

denial of a motion to reconsider, Mohammed v. Gonzales, 400 F.3d 785, 791 (9th

Cir. 2005), and we deny the petition for review.

The agency did not abuse its discretion by denying Sosa Rivas y Perez’s

motion to reconsider where he failed to establish any error of fact or law in the IJ’s

previous decision denying his motion to reopen. See 8 C.F.R. § 1003.23(b)(2);

Sembiring v. Gonzales, 499 F.3d 981, 988 (9th Cir. 2007) (in a motion to reopen

based on lack of notice, a petitioner must “produce[] sufficient evidence to

overcome the presumption of effective service by regular mail”). 

To the extent Sosa Rivas y Perez’s motion to reconsider was based on newly

submitted evidence, the agency did not abuse its discretion by construing the

motion as a second motion to reopen and by denying it as numerically barred. See

Mohammed, 400 F.3d at 793 (BIA may construe motions based on their underlying

purpose); Vega v. Holder, 611 F.3d 1168, 1171 (9th Cir. 2010) (purpose of a

motion to reconsider is not to submit new evidence); 8 C.F.R. § 1003.23(b)(4)(ii)

(only one motion to reopen in absentia removal proceedings is permitted).

Sosa Rivas y Perez’s contention that the BIA erred by failing to remand to

the IJ fails because he did not request a remand in connection with his BIA appeal.

Sosa Rivas y Perez’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.
# C_2014292EN.01003801.xml

| 1.9.2014 | EN | Official Journal of the European Union | C 292/38 |
| --- | --- | --- | --- |

1.9.2014

EN

Official Journal of the European Union

C 292/38

---

Judgment of the General Court of 15 July 2014 — Łaszkiewicz v OHIM — Capital Safety Group EMEA (PROTEKT)

(Case T-576/12) (1)

1

((Community trade mark - Opposition proceedings - Application for Community figurative mark PROTEKT - Earlier Community word marks PROTECTA - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Article 75 of Regulation No 207/2009))

2014/C 292/46

Language of the case: Polish

Parties

Parties

Applicant: Grzegorz Łaszkiewicz (Łódź, Poland) (represented by: J. Gwiazdowska, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (OHIM) (represented by: D. Walicka, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Capital Safety Group EMEA SAS (Carros, France)

Other party to the proceedings before the Board of Appeal of OHIM:

Re:

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 24 October 2012 (Case R 700/2011-4) concerning opposition proceedings between Capital Safety Group EMEA SAS and Mr Grzegorz Łaszkiewicz.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Mr Grzegorz Łaszkiewicz to pay the costs. |
| --- | --- |

2.

Orders Mr Grzegorz Łaszkiewicz to pay the costs.

---

(1)  OJ C 108, 13.4.2013.

1

---
Exchanges of Water Between the

Upper Floridan Aquifer and the Lower

Suwannee and Lower Santa Fe Rivers, Florida

Prepared in cooperation with the

Suwannee River Water Management District

U.S. Geological Survey

Professional Paper 1656-C
J.W. Grubbs and C.A. Crandall - - USGS/PP 1656-C Exchanges of Water Between the Upper Floridan Aquifer and the Lower Suwannee and Lower Santa Fe Rivers, Florida
### SAT Report PMN Number: P-10-0039 SAT Date: 11/13/2009 Print Date: 3/28/2011

Related cases : CBI : Yes Health related cases: Ecotox related cases:

Concern levels : Type of Concern: Health Eco Comments Level of Concern: 1 1

Persistence Bioaccum Toxicity Comments 3 31

Exposure Based Review : Health: Ecotox: N o
Routes of exposure : Health: N o exposures needed Ecotox: N o releases to water Fate: ; Keywords : Keywords:
Summary of Assessment :
Fate : Fate Summary: P-10-0039 FATE: Solid S < 0.001 mg/L at 25 EC (E) VP < 1.0E-6 torr at 25 EC (E) BP > 400 EC (E) H < 1.00E-8 (E) POTW removal (%) = 0-90 via sorption Time for complete ultimate aerobic biodeg > mo Sorption to soils/sediments = low - v.strongPBT Potential: P3B3 *CEB FATE: Migration to ground water = negl - rapid Direct photolysis will be negl - rapid Indirect photolysis will be negl - rapid

Health : Health Summary: Absorption is nil all routes ( p che m ); N o significant health concerns.

Ecotox :

Test Organism Test Type Test End Point Predicted Measured Comments

fish 96-h LC50 * daphnid 48-h LC50 * green algal 96-h EC50 * fish

_ chronic value * daphnid

_ chronic value * algal

_ chronic value * Sewage Sludge 3-h EC50

_ Sewage Sludge

_ Chronic Value

_ Ecotox Values Comments: Predictions are based on SARs for neutral organic chemicals; SAR chemical class = ; MW>1,000,000; solid; log Kow >> 10 (P); S = negligible; p H7; effective concentrations based on 100% active ingredients and nominal concentrations; DW hardness < 150.0 mg/L as CaCO3; and DW TOC <2.0 mg/L

Factors Values Comments Assessment Factor 10 Concentration of Concern ( p pb) N ES *

SARs neutral organic chemicals SAR Class

Ecotox Factors Comments:

SAT Chair: L Keifer 564-8916
No. 44375.

#### Petition 5991-R of K. Arouani (New York).

Kincheloe, Judge:

This is a petition filed under the provisions of section 489 of the Tariff Act of 1930 for the remission of additional duties accruing on three certain paintings from Cairo, Egypt, which were part of an importation of 12 paintings invoiced as of a total value of $773, and entered free of duty under paragraph 1811 as artistic antiquities. Nine of the paintings were returned by the appraiser as free of duty as claimed. As to the other three, which are the subject of this petition, the appraiser found them to be of production subsequent to 1830, and the collector accordingly assessed duty thereon under paragraph 1547 (a) at 20 percent ad valorem. Subsequently the importer or petitioner produced a private bill showing separate values for each of the paintings, totaling $1,265. *325The appraiser accepted the private invoice values as to the three paintings in question, and additional duties accrued thereon under said section 489 of said tariff act.

The only witness who appeared in support of this petition was A. Arouani, ® brother of the petitioner. He stated they are in business together — in fact partners; that he purchased the paintings in Cairo in 1930 for 150 pesatos ($773 im U. S. currency); that being unable to sell them he shipped them to New York in 1936; and that when he bought them he was told they were over 100 years old.. On cross-examination the witness stated that the painting by Beisie (one of the three paintings in question) was marked “French School of 19 Century,” and that as to the other two paintings he was told they were painted by Ziem, who was born in 1821 and died in 1911. He admitted that he himself knew nothing about paintings, and that he made no inquiries as to their age or value. Further, that the entry was made by the broker, Thomas Cook, but that he had no knowledge of the particulars of the entry.

Right here we think it is pertinent to mention that neither the petitioner himself, nor his customs broker, testified or appeared at the hearing. This, taken in conjunction with the testimony of the witness A. Arouani, who stated that he knew nothing about paintings himself, and did not know anything about1 the entry of the merchandise, is certainly not much of a showing on behalf of the petitioner herein. Especially is this so from the fact that the importer did not produce his private invoice until called upon by the Government examiner, Frank A. McCarthy; also the fact that the importer entered the two Ziem paintings as over 100 years old, when it was known that the painter was born in 1821 and died in 1911, seems to show carelessness and lack of diligence on the part of petitioner in making such entry, as it is apparent that the painter could only have been 9 years old in 1830, which makes it highly improbable that the said paintings were produced prior to the year 1830.

On this record we have no alternative but to deny this petition, which we hereby accordingly do. Judgment will be rendered accordingly.
# C_2012138EN.01003801.xml

| 12.5.2012 | EN | Official Journal of the European Union | C 138/38 |
| --- | --- | --- | --- |

12.5.2012

EN

Official Journal of the European Union

C 138/38

---

Action brought on 19 March 2012 — ZZ v Court of Auditors

(Case F-39/12)

(2012/C 138/89)

Language of the case: French

Parties

Applicant: ZZ (represented by: D. Abreu Caldas, S. Orlandi, A. Coolen, J.-N. Louis and É. Marchal, lawyers)

Defendant: European Court of Auditors

Subject-matter and description of the proceedings

Annulment of the decision of the Court of Auditors rejecting an application seeking acknowledgment of unlawful conduct which is alleged to have caused the applicant to suffer material and non-material damage.

Form of order sought

| — | Annul the decision rejecting the complaint of 7 December 2011 brought against the decision by the head of the Court of Auditors rejecting ZZ’s application seeking acknowledgment of unlawful conduct which has caused him to suffer damage and has given rise to the non-contractual liability of the European Union; |
| --- | --- |

—

Annul the decision rejecting the complaint of 7 December 2011 brought against the decision by the head of the Court of Auditors rejecting ZZ’s application seeking acknowledgment of unlawful conduct which has caused him to suffer damage and has given rise to the non-contractual liability of the European Union;

| — | order the Court of Auditors to pay compensation for the purposes of making good the non-material damage suffered in the amount of EUR 50 000 and the material damage suffered in the amount of, on the one hand, the difference between the amount of remuneration to which the applicant would have been entitled if he had had an average career progression and his current grade and, on the other hand, the difference between the amount of remuneration to which he would have been entitled if he had continued his career until the statutory retirement age and his current pension; |
| --- | --- |

—

order the Court of Auditors to pay compensation for the purposes of making good the non-material damage suffered in the amount of EUR 50 000 and the material damage suffered in the amount of, on the one hand, the difference between the amount of remuneration to which the applicant would have been entitled if he had had an average career progression and his current grade and, on the other hand, the difference between the amount of remuneration to which he would have been entitled if he had continued his career until the statutory retirement age and his current pension;

| — | order the Court of Auditors to pay the costs. |
| --- | --- |

—

order the Court of Auditors to pay the costs.

---
# C_2013123EN.01001201.xml

| 27.4.2013 | EN | Official Journal of the European Union | C 123/12 |
| --- | --- | --- | --- |

27.4.2013

EN

Official Journal of the European Union

C 123/12

---

Request for a preliminary ruling from the Tribunal d’instance de Quimper (France) lodged on 14 February 2013 — CA Consumer Finance v Francine Crouan, née Weber, Tual Crouan

(Case C-77/13)

2013/C 123/18

Language of the case: French

Referring court

Referring court

Tribunal d’instance de Quimper

Parties to the main proceedings

Parties to the main proceedings

Applicant: CA Consumer Finance

Applicant:

Defendants: Francine Crouan, née Weber, Tual Crouan

Defendants:

Question referred

Question referred

Does Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts (1) preclude an interpretation of the national law which validates terms that unilaterally vary the rate of interest in credit agreements, leaving the reasons for the variation in the rate and the methods for calculating that rate to the discretion of the lender, where there are no valid reasons specified in the agreement, if those terms are consistent with wording established by legislation and the lender has, in implementing the agreement, satisfied the statutory requirements relating to the information which must be provided to the borrower?

1

---

(1)  OJ 1993 L 95, p. 29.

1

---
ISSUED: November 16, 2016 

U.S. DEPARTI\1ENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

DEPARTMENT OF 

TRANSPORTATION 

ZOIL NOV 11 A 3: t 0 

In The Matter Of: ) 

) 

) 

) 

) 

D k N FAA 20 

DOCKET OPERATIONS 

oc et o. - 14-f116 

Pacific International Skydiving Center 

Respondent 

SUBPOENA 

TO: Dennis King 

810 Richards Street, Suite 700 

Honolulu, HI 96813 

Case No. 2014WP130012 

Pursuant to 14 C.F.R. § 13.205(a)(3), YOU ARE HEREBY COMMANDED to appear and 

testify at a hearing scheduled to begin at the following place, date, and time: 

1. Location: 

2. Date: 

3. Time: 

United States District Court, District of Hawaii 

300 Ala Moana Blvd. 

Honolulu, HI 96850 

December 13, 2016 

9:00 a.m. local time 

This subpoena is issued because the Respondent, Pacific International Skydiving Center, 

filed an application on November 12, 2016 requesting your presence to testify at this hearing. If 

you have any questions about the subpoena, you should contact the Respondent's counsel at the 

address and telephone number listed below. 

The provisions of 14 C.F .R. § 13 .228(b) allow you to file a motion to quash or modify this 

subpoena with the undersigned judge. The applicant shall describe, in detail, the basis for the 

application to quash or modify the subpoena including, but not limited to, a statement that the 

testimony is not relevant to the proceeding or that the subpoena is unreasonable and oppressive. 

A motion to quash or modify the subpoena will stay the effect of the subpoena pending a 

decision by the undersigned judge on the motion. 

Pursuant to 14 C.F.R. § 13.229, you are entitled to the same fees and mileage expenses as are 
paid to witnesses appearing in the courts of the United States. These fees shall be paid by the 

Respondent, the party at whose request you have been subpoenaed. 

If you fail or refuse to comply with this subpoena, a party may, in accordance with 14 C.F .R 

§ 13 .228( c), apply to the local federal district court to seek judicial enforcement of the subpoena. 

Subpoena issued at the request of: 

Robert L. Feldman, Respondent's Counsel 

8900 SW 107th Avenue, Suite 203 

Miami, FL 33176 

TEL: 305-598-4841 

FAX: 305-598-4842 

Docket No. FAA-2014-1116 

DOUGLAS M. RA WALD 

Administrative Law Judge 

Subpoena, page 2
No. 43236.

#### Protests 999521-G, etc., of Karl Guggenheim, Inc., et al. (New York).

Opinion by

Tilson, J.

On the record presented it was found that the merchandise consists of opera glasses similar to those involved in *Woolworth*v. *United States*(2 Cust. Ct. 1, C. D. 74). The claim at 35 percent under paragraph 228 (b) and T. D. 48316 was therefore sustained.
EXHIBIT 32.2

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 SOUTH SHORE RESOURCES INC. (the "Company") on Form 10-QSB for the period ended March 31, 2007 as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Michael Kabin, 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:

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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.

Dated this 21st day of May, 2007.



| | MICHAEL KABIN          
| | -----------------------
| | Michael Kabin          
| | Chief Executive Officer
# C_2015138EN.01001502.xml

| 27.4.2015 | EN | Official Journal of the European Union | C 138/15 |
| --- | --- | --- | --- |

27.4.2015

EN

Official Journal of the European Union

C 138/15

---

Judgment of the Court (Fifth Chamber) of 5 March 2015 — Europäisch-Iranische Handelsbank AG v Council of the European Union, United Kingdom of Great Britain and Northern Ireland, European Commission

(Case C-585/13 P) (1)

1

((Appeal - Restrictive measures taken against the Islamic Republic of Iran with the aim of preventing nuclear proliferation - Freezing of funds - Restriction of transfers of funds - Assistance to designated entities in evading or violating restrictive measures))

(2015/C 138/19)

Language of the case: English

Parties

Parties

Appellant: Europäisch-Iranische Handelsbank AG (represented by: S. Jeffrey, S. Ashley and A. Irvine, Solicitors, H. Hohmann, Rechtsanwalt, D. Wyatt QC and R. Blakeley, Barrister)

Appellant:

Other parties to the proceedings: Council of the European Union (represented by F. Naert and M. Bishop, acting as Agents), United Kingdom of Great Britain and Northern Ireland (represented by: V. Kaye, acting as Agent, and by R. Palmer, Barrister), European Commission

Other parties to the proceedings:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1) | Dismisses the appeal; |
| --- | --- |

1)

Dismisses the appeal;

| 2) | Orders Europäisch-Iranische Handelsbank AG to bear its own costs and to pay those incurred by the Council of the European Union and the United Kingdom of Great Britain and Northern Ireland. |
| --- | --- |

2)

Orders Europäisch-Iranische Handelsbank AG to bear its own costs and to pay those incurred by the Council of the European Union and the United Kingdom of Great Britain and Northern Ireland.

---

(1)  OJ C 15, 18.1.2014.

1

---
# C_2014175EN.01003303.xml

| 10.6.2014 | EN | Official Journal of the European Union | C 175/33 |
| --- | --- | --- | --- |

10.6.2014

EN

Official Journal of the European Union

C 175/33

---

Order of the President of the Court of 31 January 2014 (request for a preliminary ruling from the Tribunal d’instance d’Orléans — France) — Facet SA, BNP Paribas Personal Finance SA v Saïda Bouchelaghem, Nathalie Cousin, Clémentine Benoni, Hili Aziz, Mohamed Zouhir, Jean Morel, Jalid Anissa, Marine Bourreau, Anthony Cartier, Patrick Rousselière, Karine Lenfant

(Case C-298/13) (1)

1

2014/C 175/43

Language of the case: French

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 215, 27. 7. 2013.

1

---
#### Louise BULLARD, Appellant, v. WINN DIXIE STORES, INC., Appellee.

No. 98-234.

District Court of Appeal of Florida, Third District.

Oct. 21, 1998.

Kopplow *&*Flynn, Ronald C. Kopplow and James J. Soper, Miami, for appellant.

Adorno & Zeder and Raoul G. Cantero, III, Coconut Grove, for appellee.

Before LEVY, GODERICH and FLETCHER, JJ.

PER CURIAM.

In a bifurcated trial on liability, the plaintiff appeals from an adverse final judgment arguing that the trial court failed to properly instruct the jury on causation as an element of liability. Although the better practice is to instruct the jury on both negligence and causation for a proper determination of liability, Fla. Std. Jury Instr. (Civ.) 3.5(f), 3.6(c); *Pope v. Pinkerton-Hays Lumber Co.,*120 So.2d 227, 229 (Fla. 1st DCA 1960), *cert. denied,*127 So.2d 441 (Fla.1961), in the instant case, the court’s refusal to give the instruction on causation was harmless because the jury found that the defendant was not negligent. *Reyka v. Halifax Hosp. Dist.,*657 So.2d 967, 968-69 (Fla. 5th DCA 1995); *Gonzalez v. Leon,*511 So.2d 606 (Fla. 3d DCA 1987), *review denied,*523 So.2d 577 (Fla.1988); *Kinya v. Lifter, Inc.,*489 So.2d 92 (Fla. 3d DCA), *review denied,*496 So.2d 142 (Fla.1986).

Affirmed.
<PAGE>

                                   EXHIBIT 23.1


CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-3 (File Nos. 333-3793,333-3797 and 33-73496) and Form S-8
(File Nos. 333-61372, 33-21859, 33-44888 and 33-64701) of Nobel Learning
Communities, Inc. of our report dated September 3, 2002 relating to the
financial statements, which appear in this Form 10-K.

PricewaterhouseCoopers LLP

Philadelphia, Pennsylvania
October 14, 2003
# C_2015146EN.01000702.xml

| 4.5.2015 | EN | Official Journal of the European Union | C 146/7 |
| --- | --- | --- | --- |

4.5.2015

EN

Official Journal of the European Union

C 146/7

---

Order of the Court of 22 January 2015 — GRE Grand River Enterprises Deutschland GmbH v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Villiger Söhne GmbH

(Case C-496/13 P) (1)

1

((Appeal - Community trade mark - Regulation (EC) No 40/94 - Article 8(1)(b) - Figurative mark in colour, consisting of the verbal components ‘LIBERTE american blend’ on a red background - Opposition by the holder of the Community trade mark ‘La LIBERTAD’ - Refusal of registration))

(2015/C 146/10)

Language of the case: German

Parties

Parties

Appellant: GRE Grand River Enterprises Deutschland GmbH (represented by: I. Memmler and Schulz, Rechtsanwältinnen)

Appellant:

Other parties to the proceedings: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: D. Walicka, Agent), Villiger Söhne GmbH (represented by: H. MacKenzie, Rechtsanwältin)

Other parties to the proceedings:

Operative part of the order

Operative part of the order

| 1. | The appeal is dismissed. |
| --- | --- |

1.

The appeal is dismissed.

| 2. | GRE Grand River Enterprises Deutschland GmbH is ordered to pay the costs. |
| --- | --- |

2.

GRE Grand River Enterprises Deutschland GmbH is ordered to pay the costs.

---

(1)  OJ C 313, 26.10.2013.

1

---
No. 39211.

#### Protests 945887-G, etc., of J. H. L. Todd et al. (New York).

Opinion by

Evans, J.

The protests were overruled.
No. 40499.

#### Protests 641524-G, etc., of Bullocks, Inc. (Los Angeles).

Opinion by

Tilson, J.

The record established that certain items consist of woven mufflers in chief value of silk. The claim at 60 percent under paragraph 1209 was therefore sustained.