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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BRUCE DWAIN COPELAND, 

Plaintiff-Appellant, 

 v. 

BANK OF AMERICA, N.A., 

Defendant-Appellee. 

No. 15-56321 

D.C. No. 2:13-cv-01578-JLS-E 

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Josephine L. Staton, District Judge, Presiding

Submitted April 11, 2017**

Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.

Bruce Dwain Copeland appeals pro se from the district court’s summary 

judgment in his diversity action alleging claims of intentional interference with 

contract and intentional interference with prospective economic advantage. We 

have jurisdiction under 28 U.S.C. § 1291. We review de novo, Guidiville Band of 

 

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

except as provided by Ninth Circuit Rule 36-3.

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

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

FILED

APR 25 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 15-56321 

Pomo Indians v. NGV Gaming, LTD, 531 F.3d 767, 772 (9th Cir. 2008), and we 

affirm.

The district court properly granted summary judgment because Copeland 

failed to raise a genuine dispute of material fact as to whether Bank of America 

had knowledge of an economic relationship between Copeland and his tenant and 

whether Bank of America interfered with that relationship. See id. at 774 

(elements for intentional interference with contracts under California law); Pardi

v. Kaiser Found. Hosps., 389 F.3d 840, 852 (9th Cir. 2004) (elements for 

intentional interference with prospective economic advantage under California 

law).

The district court did not abuse its discretion when it declined to consider

Copeland’s unauthenticated documents as evidence in opposition to the motion for 

summary judgment. See Orr v. Bank of Am., NT & SA, 285 F.3d 764, 773 (9th Cir. 

2002) (setting forth standard of review and stating that “unauthenticated 

documents cannot be considered in a motion for summary judgment”).

We reject as meritless Copeland’s arguments that the district court was 

biased against him, held him to a higher pleading standard, and improperly 

considered Bank of America’s summary judgment evidence after denying its 
3 15-56321 

motion to compel.

We do not consider arguments and allegations raised for the first time on 

appeal. See Smith v. Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999).

AFFRIMED.
<PAGE>

                                                                    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 Fresenius Medical Care Holdings, 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"), I,
Jerry A. Schneider, 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 results of operations of the
Company.


/s/ Jerry A. Schneider
----------------------------------
Jerry A. Schneider
Chief Financial Officer
May 15, 2003
#### WINTER GARDEN CITRUS PRODUCTS, and Liberty Mutual Insurance Company, Petitioners, v. Bell H. ARNOLD and the Industrial Relations Commission of the Florida Department of Commerce, Respondents.

No. 44241.

Supreme Court of Florida.

Oct. 30, 1973.

Rehearing Denied Dec. 6, 1973.

Certiorari denied.

CARLTON, C. J., and ROBERTS, ERVIN, ADKINS and BOYD, JJ., concur.
<PAGE>   1
                                                                      Exhibit 12

                             GTE SOUTH INCORPORATED
              STATEMENT OF THE RATIO OF EARNINGS TO FIXED CHARGES

                             (Thousands of Dollars)


<TABLE>
<CAPTION>
                                                      Nine Months Ended
                                                      September 30, 1996
                                                      ------------------
<S>                                                       <C>
Net earnings available for fixed charges:          
  Income from continuing operations                       $  189,152
  Add - Income taxes                                         115,844
      - Fixed charges                                         42,528
                                                          ----------
Adjusted earnings                                         $  347,524
                                                          ==========
Fixed charges:                                     
  Interest expense                                        $   37,926
  Portion of rent expense                          
     representing interest                                     4,602
                                                          ----------
Adjusted fixed charges                                    $   42,528
                                                          ==========
RATIO OF EARNINGS TO FIXED CHARGES                              8.17
</TABLE>
May 22, 2015 

The Hon. John Kerry 

Secretary 

U.S. Department of State 

2201 C Street, NW 

Washington, DC 20520 

The Hon. Anthony Foxx 

Secretary 

L 

PHILIPPINE 

AMERICAN ( II ~ ti H '' ( ): ( ' t)''-1'11 l' t I 

S ('f\ in!! Southl';l er n \ ir!!i nia 

U.S. Department of Transportation 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

The Hon. Penny S. Pritzker 

Secretary 

U.S. Department of Commerce 

1401 Constitution Avenue, NW 

Washington, DC 20230 

Re: Dockets No. DOS-2015-0016, DOT-OST-2015-0082, and DOC-2015-0001 

Dear Secretaries Kerry, Foxx, and Pritzker: 

As President of the Philippine American Chamber of Commerce of Southeastern 

Virginia (PACC- SEVA), I am compelled to voice our strong concerns regarding 

any proposal to reopen the United States' Open Skies agreements with the major 

airlines of the Gulf States. 

Our members represent Virginia's considerable Filipino business community and 

rely upon the competitive international air travel marketplace to survive and 

thrive. In many cases, the future of our community's success in Virginia depends 

on affordable, reliable access to reasonable international air travel. Limiting our 

access to these growing Gulf State airlines would be devastating to our 

membership. 
In today's global economy, whether you're in Norfolk, Virginia or Manila, 

Philippines- accessible travel options are essential to small business growth. 

Without affordable and convenient access to and from Southeast Asia 

specifically, our community will be severely limited in our ability to grow, and that 

ultimately hurts Virginia's economy, too. 

The Gulf State airlines, almost without exception, better serve our international 

travel needs with respect to affordability, comfort and reliability than their 

American competitors. But, that's not a reason to grant anticompetitive 

protections to the American carriers. Truly, we would all be better served by 

forcing U.S. carriers to compete in a free market rather than simply locking out 

the competition. 

As an organization of business leaders, each one of our members must compete 

to survive every day. The global air travel industry should be no different. We 

urge you to protect and preserve the Open Skies agreements with the Gulf 

States. To do otherwise would be irresponsible, anticompetitive and bad for 

business. 

Sincerely, 

Naomi V. Estaris 

President 

Philippine American Chamber of Commerce of 

Southeastern Virginia 

5347 Lila Lane Suite 101 Virginia Beach Virginia 23464 

PH: 757 424 3311
#### ROAD NOTICES.

Such notices must be signed.

In the matter of a petition for a new public road, on proof of the form of notice, it appeared that the written notice of intention to prefer the petition, had no signature to it; and on this objection being made,

*The Court*

said the notice must be by some* one, and a paper without a signature could not be said to be a notice by any one of his intention to present a petition. They, therefore, held a signature to the notice necessary.
Contract Term: December 1, 2013 through November 30, 2014 plus 4 option years

I. COMPLETE PRODUCT

(a) 12 page issue............................per order...............

 (1) Makeready and/or setup................ 1 $1,212.75 $1,212.75 $1,178.95 $1,178.95

(2) Running per 1000 copies............... 16 $157.50 $2,520.00 $155.79 $2,492.64

(b) 16 page issue............................per order................

 (1) Makeready and/or setup................ 1 $1,233.75 $1,233.75 $1,195.79 $1,195.79

(2) Running per 1000 copies............... 16 $174.64 $2,794.24 $166.32 $2,661.12

(c) 20 page issue............................per order................

 (1) Makeready and/or setup................ 3 $1,417.50 $4,252.50 $1,447.37 $4,342.11

(2) Running per 1000 copies............... 51 $189.00 $9,639.00 $187.37 $9,555.87

(d) 24 page issue............................per order................

 (1) Makeready and/or setup................ 1 $1,522.50 $1,522.50 $1,473.68 $1,473.68

(2) Running per 1000 copies............... 16 $210.00 $3,360.00 $200.00 $3,200.00

II. AUTHOR'S ALTERATIONS:

(a) PDF proofs..............................per order............... 4 $2.63 $10.52 $4.62 $18.48

(b) G7-profiled proofs......................per order............... 2 $8.40 $16.80 $13.40 $26.80

(c) System timework.....................per hour.................. 1 $52.50 $52.50 $80.01 $80.01

III. ADDITIONAL OPERATIONS

(a) Self-mailers .....................................per 1,000 copies.... 94 $33.60 $3,158.40 $27.37 $2,572.78(b) Multiple copies in Kraft envelope or in cushioned

shipping bags.........................per envelope/bag............ 264 $0.1680 $44.35 $0.0263 $6.94

(c) Multiple copies in containers or in cushioned

shipping bags.........................per bag/container............ 12 $2.63 $31.56 $3.16 $37.92

(d) NCOA certification setup..............per order..................... 6 $73.50 $441.00 $92.73 $556.38(e) NCOA certification updates........per 1,000 addresses...... 98 $3.15 $308.70 $11.19 $1,096.62

TOTAL OFFER : $30,598.57 $30,496.09 

DISCOUNT : 5.00% $1,529.93 5.00% $1,524.80 

NET OFFER : $29,068.64 $28,971.29 

Eagle Web Press 

Salem, OR

Awarded

PROGRAM 4513-S 

TITLE: Plains Guardian

ITEM DESCRIPTION

BASIS 

OF 

AWARD UNIT 

PRICE COST UNIT PRICE COST

GPO Estimate

Prepared by: TFReviewed by: FM
Exhibit
10.75


 





 


TheMaven,
Inc.


 


Outside
Director Compensation Policy


 


Adopted
by the Board of Directors on September 14, 2018


 


Our
non-employee directors (the “Outside Directors”) will receive compensation in the form of equity granted under
the terms of our 2016 Stock Incentive Plan, as described below:


 


Annual
Stock Award to Outside Directors: Each Outside Director will on January 1 of each year (or, if later, on the date of the first
meeting of our board of directors or compensation committee occurring on or after the date on which the individual first became
an Outside Director) be granted a Restricted Stock Award (the “Director Award”) of a number of shares of common
stock of the company with an aggregate value of $50,000 (pro rata for partial years), based on a per share price equal to the
closing sale price of the Common Stock on the trading day immediately preceding the date of the Director Award.


 


Annual
Stock Award to Committee Chairs: An Outside Director who serves as the chairperson of one or more committees of the board,
will on January 1 of each year (or, if later, on the date of the first appointment as chairperson of a committee) be granted a
Restricted Stock Award (the “Chair Award”) of a number of shares of common stock of the company with an aggregate
value of $50,000 (pro rata for partial years), based on a per share price equal to the closing sale price of the Common Stock
on the trading day immediately preceding the date of the Chair Award.


 


The
shares underlying each Director Award and Chair Award will vest in equal monthly installments commencing on the last day of the
calendar month in which the Award was made and ending on December 31 of such year, subject to continued service as a director
or chairperson, as applicable, through the applicable vesting date.


 


Cash
Compensation: No Outside Director will received cash compensation.
No. 00-759.

#### New Pulaski Company Limited Partnership *v.*Mayor and City Council of Baltimore.

C. A. 4th Cir. Certiorari denied.
<TABLE> <S> <C>

<ARTICLE>                                           UT
<CIK> 0000053456
<NAME> JERSEY CENTRAL POWER & LIGHT COMPANY
<MULTIPLIER>                                     1,000
<CURRENCY>                                  US DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<EXCHANGE-RATE>                                      1
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                    2,719,940
<OTHER-PROPERTY-AND-INVEST>                    500,320
<TOTAL-CURRENT-ASSETS>                         471,744
<TOTAL-DEFERRED-CHARGES>                       996,787
<OTHER-ASSETS>                                       0
<TOTAL-ASSETS>                               4,688,791
<COMMON>                                       153,713
<CAPITAL-SURPLUS-PAID-IN>                      510,769
<RETAINED-EARNINGS>                            942,714
<TOTAL-COMMON-STOCKHOLDERS-EQ>               1,607,196
<PREFERRED-MANDATORY>                          211,500    <F1>
<PREFERRED>                                     37,741
<LONG-TERM-DEBT-NET>                         1,173,472
<SHORT-TERM-NOTES>                              47,500
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                  24,993
<LONG-TERM-DEBT-CURRENT-PORT>                       12
<PREFERRED-STOCK-CURRENT>                        2,500
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                87,929
<OTHER-ITEMS-CAPITAL-AND-LIAB>               1,495,948
<TOT-CAPITALIZATION-AND-LIAB>                4,688,791
<GROSS-OPERATING-REVENUE>                    1,598,853
<INCOME-TAX-EXPENSE>                           119,099
<OTHER-OPERATING-EXPENSES>                   1,218,704
<TOTAL-OPERATING-EXPENSES>                   1,337,803
<OPERATING-INCOME-LOSS>                        261,050
<OTHER-INCOME-NET>                               4,447
<INCOME-BEFORE-INTEREST-EXPEN>                 265,497
<TOTAL-INTEREST-EXPENSE>                        80,789    <F2>
<NET-INCOME>                                   184,708
<PREFERRED-STOCK-DIVIDENDS>                      7,633
<EARNINGS-AVAILABLE-FOR-COMM>                  177,075
<COMMON-STOCK-DIVIDENDS>                       110,000    <F3>
<TOTAL-INTEREST-ON-BONDS>                       87,545
<CASH-FLOW-OPERATIONS>                         343,210
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1> INCLUDES AMOUNT FOR COMPANY-OBLIGATED MANDATORILY REDEEMABLE
<F1> PREFERRED SECURITIES OF $125,000.
<F2> INCLUDES AMOUNT FOR COMPANY-OBLIGATED MANDATORILY REDEEMABLE
<F2> PREFERRED SECURITIES OF $8,025.
<F3> REPRESENTS COMMON STOCK DIVIDENDS PAID TO PARENT CORPORATION.
</FN>
        

</TABLE>
EXHIBIT 32.1


                            Certification Pursuant to
                             18 U.S.C. Section 1350
                             As Adopted Pursuant to
                    Section 906 of Sarbanes-Oxley Act of 2002



          I, Robert Panico, Chief Executive Officer (Principal Executive
Officer), certify that this quarterly report on Form 10-Q for the quarterly
period ended September 30, 2009 fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and that the
information contained herein fairly presents, in all material respects, the
financial condition and results of operations of Gateway Energy Corporation and
its subsidiaries for the periods presented.


Date:  November 11, 2009                    /s/  Robert Panico
                                            ------------------------------------
                                                 Robert Panico
                                                 Chief Executive Officer
                                                 (Principal Executive Officer)
EX-10.16





 Exhibit 10.16 

November 15, 2020 
 Raoul Smyth 

Re:     Amendment of Senior Vice President Severance Agreement 

Dear Raoul: 
 This letter confirms the amendment, as set forth
below, of your Senior Vice President Severance Agreement, dated August 7, 2014, with Apria Healthcare LLC (as amended, the “Agreement”). This letter supersedes that certain letter agreement between you and Apria Healthcare LLC,
dated June 27, 2018, in its entirety. 
 In the event that you become entitled to severance pay pursuant to Section 4 of the Agreement, each
payment in a series of payments under the Agreement shall be deemed to be a separate payment for purposes of Section 409A of the Code of 1986, as amended. 

Except as expressly provided in the preceding paragraph, your Agreement continues in effect in accordance with its terms. This letter agreement shall be
construed and interpreted consistent with Section 11(a) of the Agreement. 
 If you have any questions regarding this letter, please contact Celina
Scally at [redacted]. 
 APRIA HEALTHCARE LLC 

By: /s/ Debra L.
Morris                         

Name: Debra L. Morris 

Title:    Executive Vice President and Chief Financial Officer 

Acknowledged and agreed: 
 /s/ Raoul
Smyth                         

Raoul Smyth
#### William JOHNSON, as father and next friend of Stanley Johnson, a minor, Deceased, and William Johnson for the Estate of Stanley Johnson, Appellants, v. ROGER DEAN CHEVROLET, INC., a Florida corporation, and General Motors Corporation, a foreign corporation doing business in the State of Florida, Appellees.

No. 72-617.

District Court of Appeal of Florida, Fourth District.

March 8, 1973.

Rehearing Denied March 29, 1973.

John R. Parkhill, Tampa, and Zell Davis, Jr., West Palm Beach, for appellants.

Edna L. Caruso and Roy R. Watson, of Howell, Kirby, Montgomery, D’Aiuto, Dean & Hallowes, West Palm Beach, for appellee, Roger Dean.

A. Lee Bradford, Charles A. Kimbrell, Miami, and Thomas E. Scott, Jr., Fort Lauderdale, of Bradford, Williams, McKay, Kimbrell, Hamann & Jennings, Miami, for appellee, General Motors.

PER CURIAM.

On the basis of our review of the briefs, record on appeal and oral argument we are of the opinion that the moving party failed to sustain the burden of proving the nonexistence of genuine triable issues. Holl v. Talcott, Fla.1966, 191 So.2d 40; Robinson v. City of Miami, Fla.App.1965, 177 So.2d 718; Touart v. Gonzalez, Fla.App.1963, 156 So.2d 656; Posey v. Pensacola Tractor and Equipment Company, Fla.App.1962, 138 So.2d 777; Croft v. York, Fla.App. 1971, 244 So.2d 161; Nance v. Ball, Fla. App.1961, 134 So.2d 35. The fact that the depositions and affidavits in support of the movant tend to show a lack of knowledge by those witnesses of any negligence on the part of the defendant, does not in our view meet or overcome the reasonable inferences to be drawn from the nonmoving party’s allegations of negligence in the manufacture, assembly and maintenance of the subject vehicle resulting in the injury alleged.

Accordingly, the judgment of the trial court is reversed and the cause remanded for further proceedings not inconsistent herewith.

Reversed and remanded.

WALDEN, CROSS and MAGER, JJ„ concur.
# Official Journal L 334/2017

| | ISSN 1977-0677 |
| --- | --- |
| Official Journal
  of the European Union | L 334 |
| | |
| English edition | Legislation | Volume 6015 December 2017 |

ISSN 1977-0677

Official Journal

of the European Union

L 334

English edition

Legislation

Volume 6015 December 2017

---

| Contents | | II   Non-legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Commission Delegated Regulation (EU) 2017/2268 of 26 September 2017 amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items | 1 |

Contents

II   Non-legislative acts

page

REGULATIONS

*

Commission Delegated Regulation (EU) 2017/2268 of 26 September 2017 amending Council Regulation (EC) No 428/2009 setting up a Community regime for the control of exports, transfer, brokering and transit of dual-use items

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
| --- | --- |

EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.
<TABLE> <S> <C>

<ARTICLE>                                5
<MULTIPLIER>                             1,000
       
<S>
                                                      <C>
<PERIOD-TYPE>                                          9-MOS
<FISCAL-YEAR-END>                                      MAY-02-1998
<PERIOD-END>                                           JAN-31-1998
<CASH>                                                       2,559
<SECURITIES>                                                17,078
<RECEIVABLES>                                               10,747
<ALLOWANCES>                                                   426
<INVENTORY>                                                 15,269
<CURRENT-ASSETS>                                            47,510
<PP&E>                                                     118,439
<DEPRECIATION>                                              83,529
<TOTAL-ASSETS>                                             135,145
<CURRENT-LIABILITIES>                                       18,007
<BONDS>                                                          0
<COMMON>                                                       858
<PREFERRED-MANDATORY>                                            0
<PREFERRED>                                                      0
<OTHER-SE>                                                  89,103
<TOTAL-LIABILITY-AND-EQUITY>                               135,145
<SALES>                                                    143,440
<TOTAL-REVENUES>                                           143,440
<CGS>                                                       91,965
<TOTAL-COSTS>                                               28,042
<OTHER-EXPENSES>                                            24,721
<LOSS-PROVISION>                                                 0
<INTEREST-EXPENSE>                                               0
<INCOME-PRETAX>                                                622
<INCOME-TAX>                                                   322
<INCOME-CONTINUING>                                            300
<DISCONTINUED>                                                   0
<EXTRAORDINARY>                                                  0
<CHANGES>                                                        0
<NET-INCOME>                                                   300
<EPS-PRIMARY>                                                 0.18
<EPS-DILUTED>                                                    0
          

</TABLE>