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NOT FOR PUBLICATION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

U.S. COURT OF APPEALS
2 16-35590 

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

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, 1071-72 (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 appellants leave to 

file a second amended complaint 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 amendment would be futile). 

We reject as without merit appellants’ contentions regarding equal 
3 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.
**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**

|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | **AMERICAN                  TELECOM SERVICES, INC.**  |
|--------|------------------------------------------------------------|
|   |                                                       |

| November                10, 2006  | By: /s/                  Bruce Hahn**Bruce                  Hahn**Chief                  Executive Officer  |
|----------------------------------------|-----------------------------------------------------------------------------------------------------------------------|

| November                10, 2006  | By: /s/                    Bruce Layman **Bruce                    Layman**Chief                    Operating Officer and Chief Financial                    Officer |
|----------------------------------------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
<PAGE>
                                       
                                  EXHIBIT 23

                         CONSENT OF ARMANDO IBARRA

                    INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT


      The undersigned independent certified public accounting firm hereby 
consents to the inclusion of its report on the financial statements of 
Commercial Labor Management, Inc. for the years ended December 31, 1994 and 
1995, and to the reference to it as experts in accounting and auditing 
relating to said financial statements, in the Report on Form 10-K, dated 
December 31, 1995.





/s/  ARMANDO IBARRA, C.P.A.
---------------------------------
     Armando Ibarra, C.P.A.


Chula Vista, California
January 15, 1996
----

| (1) | the      Report fully complies with the requirements of §13(a) or 15(d) of the      Securities Exchange Act of 1934, 15 U.S.C. §78m or 78o(d),      and, |
|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

| Dated:  May      15, 2009 | /s/ Darin M. Myman                         |
|-------------------------------------|--------------------------------------------|
|                                | Darin      M. Myman                        |
|                                | President      and Chief Executive Officer |

----
i '

I • 

### SERVED: March 24,2016 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC

IN THE MATTER OF IXL PREMIUM LUBRICANTS, INC. DOCKETNO. FAA-2015-0634 (Civil Penalty Action)

ORDER REASSIGNING PROCEEDING Administrative Law Judge Richard C. Goodwin has transferred to the Food and Drug Administration. Accordingly, this proceeding is hereby reassigned from Judge Goodwin to Administrative LawJudge Douglas M. Rawald. Any dates set for hearing orprehearing conference are suspended until further notice. All other orders remain in full force and effect absent further order. SO ORDERED.

Ronnie A. Yoder ChiefAdministrative La Attachment-Service ListSERVICE LIST- BY U.S. MAIL ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite 2W1000 1 ONE COPY Jordan Olsen, Head ofOperations IXL Premium Lubricants, Inc., Respondent 2719 North 1600 West PleasantView, UT 84404 TEL: 801-732-8885 Glenn H. Brown, Complainant's Counsel Federal Aviation Administration Office ofthe ChiefCounsel Enforcement Division- WesternTeam 222 W. 

### i 11 Avenue, Box 14 Anchorage, AK 99513-7587 TEL: 907-271-5271 FAX: 907-271-2800 The Honorable Douglas M. Rawald,AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2015-0634 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 

### -2-
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Energy

# AGENCY:

Department of Energy.

# ACTION:

Notice of Open Meeting: Correction.

# SUMMARY:

On December 20, 2011, the Department of Energy (DOE) published a notice of open meeting announcing a meeting on January 25, 2012 of the Environmental Management Site-Specific Advisory Board, Northern New Mexico (76 FR 78909). This document makes a correction to that notice.

# FOR FURTHER INFORMATION CONTACT:

                        Menice Santistevan, Northern New Mexico Citizens' Advisory Board (NNMCAB), 1660 Old Pecos Trail, Suite B, Santa Fe, NM 87505. Phone (505) 995-0393; Fax (505) 989-1752 or Email:                         *msantistevan@doeal.gov.*

## Corrections

                        In the                         **Federal Register**                         of December 20, 2011, in FR Doc. 2011-32535, on page 78909, please make the following correction:                    

                        In that notice under                         **ADDRESSES,**                         first column, third paragraph, the meeting address has been changed. The original address was NNMCAB Offices, 96 Cities of Gold Road, Suite 3, Pojoaque, New Mexico 87506. The new address is Cities of Gold Conference Center, 10-A Cities of Gold Road, Santa Fe, NM 87506. The reason for this change is the renovations at the original location will not be completed by the meeting date.                    

Issued at Washington, DC on January 10, 2012.

LaTanya R. Butler,

Acting Deputy Committee Management Officer.

[FR Doc. 2012-681 Filed 1-13-12; 8:45 am]

BILLING CODE 6450-01-P
#### Ron HOCKMAN, as President of Harmon Insurance Agency, Inc., Petitioner, v. JOSEPH U. MOORE, INC., a Florida corporation, Respondent.

No. 87-2845.

District Court of Appeal of Florida, Second District.

Dec. 11, 1987.

Roger V. Rigau of Rigau & Rigau, P.A., Tampa, for petitioner.

Stanley H. Eleff and John E. Johnson of Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O’Neill, P.A., Tampa, for respondent.

PER CURIAM.

This petition for writ of certiorari seeks review of an order which required petitioner, a non-party to the underlying litigation, to produce business records which he claims are privileged as trade secrets under section 90.506, Florida Statutes (1985). Because no meaningful distinction appears between the facts of this case and those in our recent decision in *General Hotel & Restaurant Supply Corp. v. Skipper,*514 So.2d 1158 (Fla. 2d DCA 1987), we grant the petition, quash the trial court’s order requiring .production, and remand for further proceedings consistent with *Skipper.*

Petition for writ of certiorari granted.

RYDER, A.C.J., LEHAN and FRANK, JJ., concur.
#### Joseph M. WISDEN, Plaintiff and Appellant, v. CITY OF SALINA, Defendant and Respondent.

No. 20168.

Supreme Court of Utah.

Jan. 28, 1985.

Joseph M. Wisden, pro se.

D. Michael Jorgensen, Salina, for defendant and respondent.

PER CURIAM:

Plaintiffs vehicle was seized and impounded by the City of Salina pursuant to U.C.A., 1953, § 41-1-115 for lack of registration. Plaintiff filed a complaint in re-plevin for return of the vehicle and for damages for the seizure. In an unsigned minute entry dated August 22, 1984, the district court granted summary judgment in favor of the City of Salina. No judgment or order signed by the judge as required by Utah R.Civ.P. 58A(b) and (c) appears in the record.

An unsigned minute entry does not constitute a final judgment. *See Wil*
      *1206
      *son v. Manning,*Utah, 645 P.2d 655 (1982), and cases cited therein. This appeal is therefore dismissed as it is improperly before this Court.

Dismissed. No costs awarded.
50179.

#### BAGBY v. THE STATE.

Bell, Chief Judge.

The defendant appeals from his conviction of motor vehicle theft.

About 7 p. m. on Saturday, November 3, 1973, the owner of a car parked it near a skating rink. He gave no one permission to use the car. A security guard at the rink knew the defendant by sight and had conversed with him subsequent to 8 p. m. for some time that evening. Prior to 10 p. m. the, guard saw the car being driven off by the defendant. The owner also was notified of the loss before 10 p. m. Defendant testified that he had arrived at the rink about 8 p. m., had conversed with the guard for about 45 minutes, had departed with his cousin about 9 p. m., and denied taking the car. The cousin testified that on an undesignated Friday or Saturday, the latter part of 1973, he had picked the defendant up at the rink about 9 p. m. and had driven him home. The defendant’s mother testified that the defendant had returned home between 12 and 12:30 a. m. on November 4. *Held:*

1. Defendant enumerates as error that the trial judge erred in failing to charge, without request, on alibi.

"Alibi, as a defense, involves the impossibility of the accused’s presence at the scene of the offense at the time of its commission; and the range of the evidence, in respect to time and place, must be such as reasonably to exclude the possibility of presence.” Code § 38-122. Neither the testimony of the defense witnesses nor that of the defendant excludes that possibility. The latter’s testimony actually places him at the scene shortly before the offense was committed. Thus, the failure to charge the law of alibi is not reversible error. *Touchstone v. State,*121 Ga. App. 602, 604 (174 SE2d 450).

2. The evidence authorized the verdict.

*Judgment affirmed.*

*Webb and Marshall, JJ., concur.*

*264Submitted February 3, 1975

Decided March 12, 1975.

*McDonald & Dupree, Hylton B. Dupree, Jr.,*for appellant.

*George W. Darden, District Attorney, B. Wayne Phillips, Assistant District Attorney,*for appellee.
RE: ID: FAA-2015-2719-0001

10/2/2015



### I believe the approval of this re quest to be in the best intere st of the public as a whole, as ;

Being an honorably discharged 8 year military veteran, with man y years of recreational remote control aircraft operations, and years of membership in the Aca demy of Model Aeronautics (current membership expires 12/ 31/2018) I strive to be proficie nt in rules, regulations, and operations associated with remote control aircraft/drone flying standards.

Considering the current atmosphe re regarding drone operations a pproval of this application will give the public & my customer base a certain comfort level in the knowle dge that I make ever y effort to be in compliance with all rules, regul ations, and safety standards cu rrently in place, and I take my business seriously, thus assuring my custo mers a professional, and consc ientious representation of their business operations and requirements.

Thank You for your consideration

Robert Carroll – ID: FAA-2015-2719-0001
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>


This schedule contains summary financial information extracted from the balance
sheet and statements of operations found on the Company's Form 10-K and is
qualified in its entirety by reference to such financial statements.


</LEGEND>
<CIK> 0000846535
<NAME> VARTECH SYSTEMS INC.
<PERIOD-TYPE>                                    YEAR
<FISCAL-YEAR-END>                             JUL-31-1998
<PERIOD-END>                                  JUL-31-1998
<CASH>                                           51559
<SECURITIES>                                      6500
<RECEIVABLES>                                   814016
<ALLOWANCES>                                       0
<INVENTORY>                                     369129
<CURRENT-ASSETS>                               1272825
<PP&E>                                          552162
<DEPRECIATION>                                     0
<TOTAL-ASSETS>                                 2959956
<CURRENT-LIABILITIES>                          1338880
<BONDS>                                            0
<COMMON>                                          1950
<PREFERRED-MANDATORY>                              0
<PREFERRED>                                        0
<OTHER-SE>                                      431094
<TOTAL-LIABILITY-AND-EQUITY>                   2959956
<SALES>                                        6654986
<TOTAL-REVENUES>                               6654986
<CGS>                                          4756022
<TOTAL-COSTS>                                  4756022
<OTHER-EXPENSES>                               1731474
<LOSS-PROVISION>                                   0
<INTEREST-EXPENSE>                              103993
<INCOME-PRETAX>                                  89231
<INCOME-TAX>                                     41524
<INCOME-CONTINUING>                                0
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                                     47707
<EPS-PRIMARY>                                     .02
<EPS-DILUTED>                                     .02

</TABLE>
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 October 28, 2013

h1021

Order 

Clerk

October 28, 2013

147448

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 147448

COA: 309536

Gogebic CC: 2011-000279-FH

JAMIE RAY JETT,

Defendant-Appellant.

____________________________________/

On order of the Court, the application for leave to appeal the May 21, 2013 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court.
Michigan Supreme Court

Lansing, Michigan

Marilyn Kelly,

 Chief Justice

Michael F. Cavanagh

Elizabeth A. Weaver

Maura D. Corrigan

Robert P. Young, Jr.

Stephen J. Markman

Diane M. Hathaway, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the 

foregoing is a true and complete copy of the order entered at the direction of the Court. 

 _________________________________________ 

 Clerk

September 16, 2009 

s0916 

Order 

 

September 16, 2009 

138824 (91)(92)(94) 

TIMOTHY PIERRON, 

Plaintiff-Appellant, 

v SC: 138824 

 COA: 282673 

Wayne CC: 99-920324-DM 

KELLY PIERRON, 

Defendant-Appellee. 

_________________________________________/ 

 On order of the Court, the motion for immediate consideration is GRANTED. 

The motion to strike the defendant’s non-record affidavit is also GRANTED because it 

contains information that is not part of the record on appeal. MCR 7.210(A)(1). The 

motion to vacate, in part, the Court’s July 17, 2009 order is DENIED.
#### The PEOPLE of the State of Colorado, Plaintiff-Appellee. In the Interest of A.L., Minor Child-Appellant.

No. 84CA1463.

Colorado Court of Appeals, Div. II.

Dec. 12, 1985.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Cynthia D. Jones, Asst. Atty. Gen., Denver, for plaintiff-appellee.

David F. Vela, State Public Defender, Shannon Reed, Deputy State Public Defender, Denver, for minor child-appellant.

VAN CISE, Judge.

In this juvenile delinquency proceeding, a jury found that on or about January 25, 1984, the child A.L. (born January 31, 1966) committed the charged offense of unlawful possession of not more than one ounce of marijuana, a class 2 petty offense, in violation of § 18-18-106(1), C.R.S. (1985 Cum. Supp.). Accordingly, he was adjudicated a delinquent child and, after a dispositional hearing, was sentenced to the county jail for six months.

The child appeals the sentence. He contends that the trial court erred in imposing upon him, as an 18-year-old at time of disposition, *see*§ 19-3-113(l)(d), C.R.S. (1978 Repl.Vol. 8), a more severe penalty than he could have received as an adult. Commission of the same offense by an adult merits only a fine of not more than $100.

The People agree that the trial court improperly imposed a jail sentence when the maximum penalty for an adult committing the same offense is a $100 fine. We concur. *See People v. Wilhelm,*676 P.2d 702 (Colo.1984) (separate statutes proscribing the same criminal conduct with different penalties violate constitutional guarantee of equal protection); and *In re Matter of P.F. v. Walsh,*648 P.2d 1067 (Colo.1982) (minors have constitutionally protected liberty interests).

Therefore, the sentence is vacated, and the cause is remanded for resentencing commensurate with the statutorily prescribed penalty contained in § 18-18-106(1), C.R.S. (1985 Cum.Supp.).

SMITH and STERNBERG, JJ„ concur.
II 

111TH CONGRESS 

1ST SESSION S. 2378 

To suspend temporarily the duty on certain three-ring binders with small, 

built-in amplifiers. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 29, 2009 

Mr. VOINOVICH introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL 

To suspend temporarily the duty on certain three-ring 

binders with small, built-in amplifiers. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CERTAIN THREE-RING BINDERS WITH SMALL, 

4 BUILT-IN AMPLIFIERS. 

5 (a) IN GENERAL.—Subchapter II of chapter 99 of 

6 the Harmonized Tariff Schedule of the United States is 

7 amended by inserting in numerical sequence the following 

8 new heading: 


tjames on DSKG8SOYB1PROD with BILLS
2 

•S 2378 IS

‘‘ 9902.01.00 Three-ring binders (provided 

for in subheading 

6307.90.98) riveted to covers 

of polyester fabric, with a 

three-sided zipper closure for 

the main binder compartment, and having an exterior 

compartment composed of 

ethylene-vinyl acetate material covered in polyester fabric with a small, battery-operated amplifier ........................ Free No change No change On or before 

12/31/2011 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to goods entered, or withdrawn from 

3 warehouse for consumption, on or after the 15th day after 

4 the date of the enactment of this Act. 

Æ 


tjames on DSKG8SOYB1PROD with BILLS