alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT
RHONDA LA M AE FAR NAM , Plaintiff - Appe lla nt,
v. C AR OLYN W . C OLVIN, C om m issione r of Soc ia l Se c urity

Adm inistra

tion, De fe nda

nt - Appe lle e . No. 14-35907 D.C . No. 3:13-c v-06047-KLS
M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the W e ste rn Distric t of W a shington Kare n L. Strom

bom , M a gistra

te Judge , Pre s iding Subm itte d Fe brua

ry 25, 2016 * * B e fore : LEAVY, GR AB ER , a nd OW ENS, C irc uit Judge s. R honda Farnam a ppe a ls the distric t

c o urt’ s judgm e nt a ffirm ing the C om m issione r of Soc ia l Se c urity ’ s pa rtia l de nia l of he r a

pplic ation for disa

bility insura nc e be ne fits a

nd supple m e nta l se c urity

inc o m e unde r Title s II and XVI of the



# FIL ED FEB 29 2016 M OLLY C. DW Y ER, CLERK U
. S
. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).Soc ia l Se c urity Ac t. W e have jurisdic tion unde r 28 U.S.C . § 1291. W e re vie w de novo, Molina v . Astrue , 674 F.3d 1104, 1110 (9th C ir. 2012), a nd we a ffirm
. The a dm inistra

tive la w judge (“ ALJ” ), on re m and from the Appe a l s C ounc il, prope rly a c c orde d “ little we ight” to the c ontra d ic te d opinion of orthope dic surge on Dr. Ly nn Sta ke r be c a u se Farnam ’ s re turn to full-time work for ne arly se ve n m onths during the

a lle ge d pe riod of disa

bility wa s a spe c ific and le gitim ate re a son for the disc ounte d we ight. Se e Vale ntine v . C omm’r Soc . Se c . Admin. , 574 F.3d 685, 692-93 (9th C ir. 2009). The ALJ provide d spe c ific , c le a r, and c onvinc ing re a sons for his c re dibility finding by

c i ting both the

m e dic a l e vide nc e an d the fa c t tha t Fa rnam re turne d to full-tim e work during the a lle ge d pe riod of disa

bility
. Se e Burc h v . Barnhart , 400 F.3d 676, 680 (9th C ir. 2005). Although the ALJ m ay hav e e rre d in re ly ing on Farnam ’ s da ily

a c t ivitie s a s a

re a son for disc ounting he r c re dibility , a ny e rror wa s ha rm le s s be c a

use the ALJ re lie d upon two othe r re a sons tha

t we re supporte d by substa ntia l e vide nc e . Se e Molina , 674 F.3d a t 1115. B e c a use the ALJ’ s c re dibility

finding is supporte d by

substa ntia l e vide nc e and the ALJ prope rly

e va luate d the m e dic a l e vide nc e , we re je c t Fa rnam ’ s a sse rtion that the ALJ e rre d in m aking there sidua l func tiona l c a pa c ity finding or in posing

2the hy

pothe tic a l que stion to the

voc ationa l e xpe rt. Se e Ose nbroc k v . Apfe l , 240 F.3d 1157, 1164-65 (9th C ir. 2001). AFFIRM E D.

3
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                      17,010,315
<SECURITIES>                                         0
<RECEIVABLES>                               13,393,636
<ALLOWANCES>                                   319,000
<INVENTORY>                                    974,920
<CURRENT-ASSETS>                            36,489,152
<PP&E>                                      51,498,619
<DEPRECIATION>                              24,115,906
<TOTAL-ASSETS>                             338,923,163
<CURRENT-LIABILITIES>                       36,203,745
<BONDS>                                     81,981,997
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  3,000,000
<COMMON>                                         1,700
<OTHER-SE>                                 198,823,622
<TOTAL-LIABILITY-AND-EQUITY>               338,923,163
<SALES>                                     66,403,870
<TOTAL-REVENUES>                            66,403,870
<CGS>                                                0
<TOTAL-COSTS>                               67,275,699
<OTHER-EXPENSES>                             (148,382)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                          12,595,892
<INCOME-PRETAX>                            (9,062,608)
<INCOME-TAX>                                   200,000
<INCOME-CONTINUING>                        (9,262,608)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                            (1,656,164)
<CHANGES>                                            0
<NET-INCOME>                              (10,918,772)
<EPS-PRIMARY>                                  (64.23)
<EPS-DILUTED>                                  (64.23)



</TABLE>
#### In the Matter of Michael Volgarino, Petitioner, v Thomas A. Coughlin III, as Commissioner of Correctional Services, et al., Respondents.

Proceeding pursuant to CPLR article 78 (transferred to this court by order of the Supreme Court, entered in Ulster County) to review a determination of respondent Commissioner of Correctional Services which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged with possessing contraband and smuggling or attempting to smuggle an item into the correctional facility. We reject petitioner’s contentions that the hearing was conducted in violation of his due process rights and that the Hearing Officer’s determination is not supported by substantial evidence. Petitioner was advised that confidential testimony was being taken and, upon examining that information as relayed by the Correctional Officer, we not only find that the information was reliable, but that there was a need to conceal the source’s identity and the testimony to protect prison security *(see, Matter of Gibson v LeFevre,*133 AD2d 978, 979-980; *Matter of Harris v Coughlin,*116 AD2d 896, 897, *lv denied*67 NY2d 610, 1047). In addition, this testimony, coupled with the misbehavior report and the other testimony taken at the hearing, constituted substantial evidence to support the determination *(see, Matter of McClean v LeFevre,*142 AD2d 911, 912; *Matter of Harris v Coughlin, supra).*We have examined petitioner’s remaining contentions and find them lacking in merit.

Determination confirmed, and petition dismissed, without costs. Mahoney, P. J., Weiss, Levine, Mercure and Harvey, JJ., concur.
# L_2006081EN.01001101.xml

| 18.3.2006 | EN | Official Journal of the European Union | L 81/11 |
| --- | --- | --- | --- |

18.3.2006

EN

Official Journal of the European Union

L 81/11

---

COUNCIL RECOMMENDATION

of 14 March 2006

concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (Eighth EDF) for the financial year 2004

(2006/222/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to the Fourth ACP-EC Convention, signed at Lomé on 15 December 1989, as amended by the Agreement signed at Mauritius on 4 November 1995,

Having regard to the Internal Agreement on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (1), setting up, amongst others, the Eighth European Development Fund (Eighth EDF), and in particular Article 33(3) of that Agreement,

Having regard to the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the Fourth ACP-EC Convention (2), and in particular Articles 66 to 74 thereof,

Having examined the revenue and expenditure account and the balance sheet relating to the operations of the Eighth EDF as of 31 December 2004, and the Court of Auditors' report concerning the financial year 2004 together with the Commission's replies (3),

Whereas pursuant to Article 33(3) of the said Internal Agreement, the discharge for the financial management of the Eighth EDF is to be given to the Commission by the European Parliament on the recommendation of the Council;

Whereas the overall implementation by the Commission of the operations of the Eighth EDF during the financial year 2004 has been satisfactory,

HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the Eighth EDF for the financial year 2004.

Done at Brussels, 14 March 2006.

For the Council

The President

K.-H. GRASSER

---

(1)  
  OJ L 156, 29.5.1998, p. 108.

1

(2)  
  OJ L 191, 7.7.1998, p. 53.

2

(3)  
  OJ C 301, 30.11.2005, p. 249.

3

---
10-Q Exhibit 32.1: Certifications 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 iShares Silver Trust (the Trust) on Form 10-Q for the period
ended September 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Lee T. Kranefuss, Chief Executive Officer of Barclays Global Investors International, Inc., the Sponsor of the Trust,
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, as amended; and

2. The information contained in the Report fairly
presents, in all material respects, the financial condition and results of operations of the Trust.



|                             
|-----------------------------
|Date: November 7, 2008       
|                             
|/s/ Lee T. Kranefuss         
|Lee T. Kranefuss *           
|Chief Executive Officer      
|(Principal executive officer)



|* | The Registrant is a trust and Mr. Kranefuss is signing in his capacity as an officer of Barclays Global Investors International, Inc., the Sponsor of the Registrant.
|- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------
EXHIBIT 31.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Michael J. Thorne, certify that:

1. I have reviewed this quarterly report on Form 10-Q of DynCorp International LLC;

2.
Based on my knowledge, this quarterly report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this quarterly report;

3. Based on my knowledge, the financial statements,
and other financial information included in this quarterly report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly
report;

4. The registrants other certifying officer and I are responsible for establishing and maintaining disclosure
controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a.
designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant and its consolidated subsidiaries, is made known
to us by others within those entities, particularly during the period in which this quarterly report is being prepared;

b.
evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures as of the period covered by this
quarterly report, based on such evaluation; and

c. disclosed in this quarterly report any change in the registrants
internal control over financial reporting that occurred during the registrants most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial
reporting.

5. The registrants other certifying officer and I have disclosed, based on our most recent evaluation of
internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):

a. all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are
reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and

b. any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.



/s/    MICHAEL J. THORNEMichael J. ThorneSenior Vice President, Chief Financial Officer and Treasurer (principal financial and accounting officer)February 21, 2006
### Docket No: FAA

- 2015

- 3149 Dir ID: 2015

- NM

- 014

- AD



## FA A M C A I A D W O R KSHEET ( C O N T I NU E D )

C on t acts. W ith w h o m o u tside t he F A A h a s th i s prop os al been di s cu s sed?

Organ i zat i on P erson C ont a cted D ate R e s pon s e

N at i o n a l B u s i ne s s Air c r af t As s o ci at i o n E li C ott i 1 / 23 / 1 5

Re g i o n a l Airline A ss o ci at i o n 1 / 23 / 1 5

Air c r af t O w ners & P il ot s A s s o ci at i o n R o bert Ha ck m a n 1 / 23 / 1 5

Airlines fo r A m e r ica R o bert I r e l a nd 1 / 23 / 1 5
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

STEPHANIE TASHIRO

- TOWNLEY ; SCOTT C

. TOWNLEY,

Plaintiffs

- Appellants,

v.

BANK OF NEW YORK MELLON CORP.,

as Trustee for the Certificateholders CWL, Inc. Asset Backed Certificates, Series 2005

- 10; et al.,

Defendants

- Appellees. No. 16

- 35590

D.C. No. 2:10

- cv

- 01720

- JCC

MEMORANDUM *

Appeal from the United States District Court for the Western District of Washington

John C. Coughenour, District Judge, Presiding

Submitted September 26, 2017 **

Before: SILVERMAN, TALLMAN, and N.R. SMITH, Circuit Judges.

Stephanie Tashiro

- Townley and Scott C. Townley appeal pro se from the

district court’s judgment dismissing their diversity action related to their claim

* 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

OCT 5 2017

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 16

- 35590

under the Washington Consumer Protection Act (“WCPA ” ) . We have jurisdic tion

under 28 U.S.C. § 1291. We review de novo a dismissal under Fed. R. Civ. P.

12(b)(6)

. Knievel v. ESPN , 393 F.3d 1068, 10 71

- 72 (9th Cir. 2005). We affirm.

The district court properly dismissed appellants’ action because appellants

failed to allege facts sufficient to show that defendants engaged in an unfair or

deceptive act that caused appellants ’ injury

. See Bavand v. OneWest Bank , 385

P.3d 233, 247

- 48 ( Wash. Ct. App. 2016) (setting forth elements for challenges

under the WCPA ); see also Wash Rev. Code. § 61.24.30 (4) ( setting forth

shortened notice requirements for a trustee’s sale conducted after a federal

bankruptcy stay is lifted ); Bain v. Metro. Mortg. Grp. , Inc. , 285 P.3d 34 , 52 ( Wash.

2012) (en banc) (explaining that “the mere fact MERS is listed on the deed of trust

as a beneficiary is not itself an actionable injury”).

The district court did not abuse its discretion by denying appell ants leave to

file a second amended c omplaint because amendment would be futile. See

Cervantes v. Countrywide Home Loans, Inc. , 656 F.3d 1034, 1041 (9th Cir. 2011)

(setting forth standard of review and explaining that leave to amend can be denied

if amend ment would be futile).

We reject as without merit appellants’ contentions regarding equal3 16

- 35590

protection and due process.

We do not consider matters not specifically and distinctly raised and argued

in the opening brief. See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.
<PAGE>   1
                                                                      Exhibit 99

INDEPENDENT AUDITORS' REPORT

To the Board of Directors and Stockholders of CheckFree Corporation and
Subsidiaries:

We have audited the consolidated financial statements of CheckFree Corporation
and subsidiaries as of June 30, 1999 and 2000, and for the years ended June 30,
1998, 1999 and 2000, and have issued our report thereon dated August 7, 2000;
such financial statements and report are included in your 2000 Annual Report to
Stockholders and are incorporated herein by reference. Our audits also included
the financial statement schedule of CheckFree Corporation and subsidiaries,
listed in Item 14. This financial statement schedule is the responsibility of
the Corporation's management. Our responsibility is to express an opinion based
on our audits. In our opinion, such financial statement schedule, when
considered in relation to the basic consolidated financial statements taken as a
whole, presents fairly in all material respects the information set forth
therein.


/s/ Deloitte & Touche LLP
-------------------------

Atlanta, Georgia
August 7, 2000


<PAGE>   2

                        VALUATION AND QUALIFYING ACCOUNTS

                FOR THE YEARS ENDED JUNE 30, 1998, 1999 AND 2000





<TABLE>
<CAPTION>
                                        BALANCE AS      AMOUNT
                                            OF        ASSUMED IN   CHARGES TO     CHARGES TO
                                        BEGINNING      BUSINESS     COSTS AND        OTHER                   BALANCE AS OF END
                                        OF PERIOD    COMBINATION    EXPENSES      DEDUCTIONS     DEDUCTIONS      OF PERIOD
                                       ------------  ------------   ----------    -----------    ----------  ------------------
<S>           <C>                          <C>          <C>          <C>            <C>              <C>            <C>
Allowance for Doubtful Accounts
              1998...................      4,217          -          3,441           -               4,188          3,470
              1999...................      3,470        309          1,246           -                 595          4,430
              2000...................      4,430        268          2,615           -               3,310          4,003
Reserve for Returns and Chargebacks
              1998...................      1,226          -          2,080           -               1,362          1,944
              1999...................      1,944          -          1,932           -               2,212          1,664
              2000...................      1,664          -          4,212           -               3,471          2,405
</TABLE>
Exhibit 32.1

Certification Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

(Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code)

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Subsections (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) (the
Act) and Rule 13a-14(b) promulgated under the Securities Exchange Act of 1934, as amended (the Exchange Act), each of the undersigned, Randall D. Stilley, President and Chief Executive Officer of Hercules Offshore, Inc., a
Delaware corporation (the Company), and Lisa W. Rodriguez, who is the Senior Vice President and Chief Financial Officer of the Company, hereby certify that, to his and her knowledge:

(1) the Companys Quarterly Report on Form 10-Q for the quarterly period ended June 30, 2007 (the Report) fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

(2) information contained in the Report fairly
presents, in all material respects, the financial condition and results of operations of the Company.



|                      |  |                                                  
|--------------------- |  | -------------------------------------------------
|Dated: August 3, 2007 |  | /s/ Randall D. Stilley                           
|                      |  | Randall D. Stilley                               
|                      |  | President and Chief Executive Officer            
|                      | 
|                      |  | /s/ Lisa W. Rodriguez                            
|                      |  | Lisa W. Rodriguez                                
|                      |  | Senior Vice President and Chief Financial Officer

The foregoing certification is being furnished solely pursuant to Section 906 of the Act and Rule 13a-14(b)
promulgated under the Exchange Act and is not being filed as part of the Report or as a separate disclosure document.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

AICHA GHORZI and MIKE DIOMANDE,

Appellant,

v.

NICOLE WALTER and STEVEN WALTER,

Appellee.

No. 4D22-3114

[May 4, 2023]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm 

Beach County; Luis Delgado, Judge; L.T. Case No. 502022CA002416.

Aicha Ghorzi and Mike Diomande, Boca Raton, pro se. 

Andrew M. Schwartz, Scott B. Chapman, and Sanjiv G. Patel of Andrew 

M. Schwartz, P.A., d/b/a Andrew M. Schwartz Legal Team, Boca Raton, 

for appellees. 

PER CURIAM.

Affirmed.

GROSS, MAY and FORST, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
Dismissed and Opinion Filed July 7, 2016 

S 

In The 

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-16-00770-CR 

No. 05-16-00771-CR 

No. 05-16-00772-CR 

No. 05-16-00773-CR 

EX PARTE MICHAEL WHALEY, Relator 

Original Proceeding from the 282nd Judicial District Court 

Dallas County, Texas 

Trial Court Cause Nos. F91-45041, F92-36477. F92-36482, F93-01488 

MEMORANDUM OPINION 

Before Justices Francis, Evans, and Stoddart 

Opinion by Justice Francis 

Relator was convicted in 1993 for aggravated robbery, engaging in organized criminal 

activity, and aggravated assault. The Eastland Court of Appeals affirmed the conviction on 

direct appeal. See Whaley v. State, No. 11-93-00127-CR (Tex. App.—Eastland Dec. 9, 1993, no 

pet.). In this original proceeding, relator complains that his sentences were excessive and his 

convictions the result of ineffective assistance of counsel and prosecutorial misconduct. He asks 

this Court to conduct an evidentiary hearing under article 11.07(d) of the Code of Criminal 

Procedure. 
2 

Although relator styles the petition as a “Notice of Appeal,” the substance of the petition 

is a collateral attack on his underlying convictions.1

 Such an attack falls within the scope of a 

post-conviction writ of habeas corpus under article 11.07 of the Texas Code of Criminal 

Procedure. See TEX. CODE CRIM. PROC. ANN. art. 11.07 (West 2015). Only the Texas Court of 

Criminal Appeals has jurisdiction in final post-conviction felony proceedings. Id ; In re McAfee, 

53 S.W.3d 715, 717 (Tex. App.—Houston [1st Dist.] 2001, orig. proceeding); Ater v. Eighth 

Court of Appeals, 802 S.W.2d 241, 243 (Tex. Crim. App. 1991) (orig. proceeding) (by granting 

writ of mandamus to vacate judgment of conviction, court of appeals usurped exclusive authority 

of court of criminal appeals to grant post-conviction relief). 

Accordingly, we DISMISS this proceeding for want of jurisdiction. 

Do Not Publish 

TEX. R. APP. P. 47 

160770F.U05 

 1 Sentence was imposed in these cases on June 9, 1993. Relator has already had one direct appeal from his 

convictions and nothing in his latest filing indicates that the trial court issued any new, appealable orders. To the 

extent relator seeks to again directly appeal the 1993 convictions, such an appeal is untimely. TEX. R. APP. P. 

26.2(a)(1). 

/Molly Francis/ 

MOLLY FRANCIS 

JUSTICE