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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FERNANDO GASTELUM, 

Plaintiff-Appellant, 

 v. 

KPK HOSPITALITY LLC, an IGH Hotel, 

DBA Holiday Inn Express Colton - Riverside 

North, 

Defendant-Appellee.

No. 22-55821 

D.C. No. 5:21-cv-01510-JGB-KK 

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Jesus G. Bernal, District Judge, Presiding

Submitted March 26, 2024**

Before: TASHIMA, SILVERMAN, and KOH, Circuit Judges.

Fernando Gastelum appeals pro se from the district court’s judgment

dismissing his action alleging violations of the Americans with Disabilities Act 

(“ADA”) and state law. We have jurisdiction under 28 U.S.C. § 1291. We review 

* 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

MAR 28 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 22-55821 

for an abuse of discretion a district court’s dismissal on the basis of its local rules. 

Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995). We affirm.

The district court did not abuse its discretion by dismissing Gastelum’s 

action because Gastelum failed to respond timely to defendants’ motion to dismiss

the second amended complaint after Gastelum had previously failed to respond 

timely to defendant’s motion to dismiss the original complaint. See C.D. Cal. R. 7-

12 (“The failure to file any required document, or the failure to file it within the 

deadline, may be deemed consent to the granting or denial of the motion . . . .”); 

Ghazali, 46 F.3d at 53-54 (discussing factors to be considered before dismissing a 

case for failure to follow local rules). 

The district court did not abuse its discretion by denying Gastelum’s motion 

to set aside the dismissal order because Gastelum failed to demonstrate any basis 

for relief. See Sch. Dist. No. 1J, Multnomah County, Or. v. ACandS, Inc., 5 F.3d 

1255, 1262-63 (9th Cir. 1993) (setting forth standard of review and factors for 

reconsideration).

In ruling on defendant’s motion to dismiss Gastelum’s first amended 

complaint, the district court properly declined supplemental jurisdiction over 

Gastelum’s state law claim but should have dismissed that claim without prejudice. 

See Wade v. Reg’l Credit Ass’n, 87 F.3d 1098, 1101 (9th Cir. 1996) (“Where a 

district court dismisses a federal claim, leaving only state claims for resolution, it 
3 22-55821 

should decline jurisdiction over the state claims and dismiss them without 

prejudice.”). We affirm the dismissal of the state law claim but instruct the district 

court to amend the May 5, 2022 order to reflect that the dismissal of Gastelum’s 

state law claim is without prejudice.

AFFIRMED with instructions to amend the dismissal order.
```

[Federal Register: September 24, 2010 (Volume 75, Number 185)]
[Notices]               
[Page 58350]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24se10-36]                         

=======================================================================
-----------------------------------------------------------------------

UNITED STATES ARCTIC RESEARCH COMMISSION

 
Meeting

    Notice is hereby given that the U.S. Arctic Research Commission 
will hold its 94th meeting in Fairbanks, AK, on October 6-8, 2010. The 
business session, open to the public, will convene October 6 at 9 a.m.
    The Agenda items include:
    (1) Call to order and approval of the agenda.
    (2) Approval of the minutes from the 93rd meeting.
    (3) Commissioners and staff reports.
    (4) Discussion and presentations concerning Arctic research 
activities.
    The focus of the meeting will be reports and updates on programs 
and research projects affecting the Arctic.
    If you plan to attend this meeting, please notify us via the 
contact information below. Any person planning to attend who requires 
special accessibility features and/or auxiliary aids, such as sign 
language interpreters, must inform the Commission of thoe needs in 
advance of the meeting.
    Contact person for further information: John Farrell, Executive 
Director, U.S. Arctic Research Commission, 703-525-0111 or TDD 703-306-
0090.

John Farrell,
Executive Director.
[FR Doc. 2010-23780 Filed 9-23-10; 8:45 am]
BILLING CODE 7555-01-M
```
#### Weldon Forbes JORGENSEN, Appellant, v. E. B. SWOPE, Warden, United States Penitentiary, McNeil Island, Washington, Appellee.

No. 9466.

Circuit Court of Appeals, Ninth Circuit.

March 7, 1940.

Weldon Forbes Jorgensen in pro. per.

No other appearance entered.

Before WILBUR, GARRECHT, and DENMAN, Circuit Judges.

PER CURIAM.

Petition for leave to proceed in forma pauperis granted.
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

_________________________________________ )

CITIZENS FOR RESPONSIBILITY AND )

ETHICS IN WASHINGTION

, )

)

Plaintiff, )

)

v. ) Civil Action No. 08

- 1481 (PLF)

)

U.S. DEPARTMENT OF VETERANS )

AFFAIRS, )

)

Defendant. )

_________________________________________ )

ORDER

For the reasons stated in the accompanying Opinion issued this same day , it is

hereby

ORDERED that defendant’s renewed motion for summary judgment

[Dkt. No. 65] is GRANTED; it is

FURTHER ORDERED that defendant’s motion for reconsideration [Dkt . No. 55]

is DENIED as moot; and it is

FURTHER ORDERED that the complaint is DISMISSED with prejudice. The

Clerk of the Court shall remove this case from the docket of this Court. This is a final appealable

order. See F ED

. R. A PP

. P. 4(a).

SO ORDERED.

/s/

____________________________ PAUL L. FRIEDMAN

DATE: September 24, 2014 United States District Judge
COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-16-00051-CR

Allen Lee Polk

v.

The State of Texas

§

§

§

§

§

From Criminal District Court No. 4

of Tarrant County (1422278D)

November 3, 2016

Opinion by Justice Sudderth

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that 

there was no error in the trial court’s judgment. It is ordered that the judgment of 

the trial court is affirmed.

SECOND DISTRICT COURT OF APPEALS 

By _/s/ Bonnie Sudderth________________

 Justice Bonnie Sudderth
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**Exhibit 23.1**

**CONSENT OFINDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

Weconsent to the incorporation by reference in the Registration Statements (Form S-8Nos. 333-29439, 333-62681, 333-78199, 333-59478, 333-88360,333-112738, 333-117058 and 333-44922) of our report dated March 30,2007, with respect to the consolidated financial statements and schedule ofGTSI Corp. included in the Annual Report (Form 10-K) for the yearended December 31, 2006.

|  |   | /s/ Ernst & Young, LLP |
|--|--------|---------------------------------|

 

McLean, VirginiaMarch 30, 2007

----
IIA 

113TH CONGRESS 

2D SESSION S. J. RES. 35 

Providing for congressional disapproval under chapter 8 of title 5, United 

States Code, of the rule submitted by the Internal Revenue Service 

of the Department of the Treasury relating to liability under section 

5000A of the Internal Revenue Code of 1986 for the shared responsibility 

payment for not maintaining minimum essential coverage. 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2014 

Mr. MCCONNELL (for himself, Mr. HATCH, and Mr. COATS) introduced the 

following joint resolution; which was read twice and referred to the Committee on Finance 

JOINT RESOLUTION 

Providing for congressional disapproval under chapter 8 of 

title 5, United States Code, of the rule submitted by 

the Internal Revenue Service of the Department of the 

Treasury relating to liability under section 5000A of 

the Internal Revenue Code of 1986 for the shared responsibility payment for not maintaining minimum essential coverage. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That Congress disapproves the rule submitted by the In4 ternal Revenue Service of the Department of the Treasury 


rfrederick on DSK6VPTVN1PROD with BILLS
2 

•SJ 35 IS 

1 relating to liability under section 5000A of the Internal 

2 Revenue Code of 1986 for the shared responsibility pay3 ment for not maintaining minimum essential coverage 

4 (published at 78 Fed. Reg. 53646 (August 30, 2013)), 

5 and such rule shall have no force or effect. 

Æ 


rfrederick on DSK6VPTVN1PROD with BILLS
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         811,000
<SECURITIES>                                         0
<RECEIVABLES>                                5,484,000
<ALLOWANCES>                                   106,000
<INVENTORY>                                  9,439,000
<CURRENT-ASSETS>                            18,221,000
<PP&E>                                       5,925,000
<DEPRECIATION>                                 968,000
<TOTAL-ASSETS>                              23,178,000
<CURRENT-LIABILITIES>                       10,865,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     6,267,000
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                23,178,000
<SALES>                                     63,012,000
<TOTAL-REVENUES>                            63,012,000
<CGS>                                       55,921,000
<TOTAL-COSTS>                               64,249,000
<OTHER-EXPENSES>                                46,000
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             134,000
<INCOME-PRETAX>                            (2,912,000)
<INCOME-TAX>                               (1,077,000)
<INCOME-CONTINUING>                        (1,835,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,835,000)
<EPS-PRIMARY>                                    (.67)
<EPS-DILUTED>                                    (.67)


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

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1997
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               JUN-30-1997
<CASH>                                         202,293
<SECURITIES>                                         0
<RECEIVABLES>                                8,714,270
<ALLOWANCES>                               (1,772,621)
<INVENTORY>                                  4,250,681
<CURRENT-ASSETS>                            11,779,393
<PP&E>                                       4,251,584
<DEPRECIATION>                             (3,133,957)
<TOTAL-ASSETS>                              16,688,167
<CURRENT-LIABILITIES>                        3,766,082
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        46,492
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                16,688,167
<SALES>                                     43,731,965
<TOTAL-REVENUES>                            43,731,965
<CGS>                                       31,393,031
<TOTAL-COSTS>                               13,408,068
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             896,183
<INCOME-PRETAX>                            (1,965,317)
<INCOME-TAX>                                    20,000
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,985,317)
<EPS-PRIMARY>                                  $(0.43)
<EPS-DILUTED>                                  $(0.43)
        

</TABLE>
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#### W. A. SHEAFFER PEN COMPANY, Petitioner, v. SECURITIES & EXCHANGE COMMISSION.

No. 400 Orig.

Circuit Court of Appeals, Eighth Circuit.

Feb. 26, 1940.

E. H. Pollard, of Fort Madison, Iowa, and John H. Lathrop, of Kansas City, Mo., for petitioner.

Chester T. Lane, Gen. Counsel, and Christopher M. Jenks, Assistant Gen. Counsel, Securities and Exchange Commission, and Edward H. Cashion and Stuart K. Barnes, all of Washington, D. C., for respondent.

PER CURIAM.

Petition for review dismissed at costs of petitioner, etc., per stipulation of parties.