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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAY LYNN PEMBER, 

Plaintiff-Appellant, 

 v. 

CHARLES L. RYAN; et al., 

Defendants-Appellees, 

and 

SCOTT, Unknown; et al., 

Defendants.

No. 19-15281 

D.C. No. 2:17-cv-04069-JJT-JFM 

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

John Joseph Tuchi, District Judge, Presiding

Submitted August 19, 2019**

Before: SCHROEDER, PAEZ, and HURWITZ, Circuit Judges.

Jay Lynn Pember, an Arizona state prisoner, appeals pro se from the district 

* 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

AUG 23 2019

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 2 19-15281 

court’s order denying his motions for injunctive relief in his 42 U.S.C. § 1983 

action alleging deliberate indifference to his serious medical needs. We have 

jurisdiction under 28 U.S.C. § 1292(a)(1). We review for an abuse of discretion, 

Puente Ariz. v. Arpaio, 821 F.3d 1098, 1103 (9th Cir. 2016), and we affirm.

The district court did not abuse its discretion by denying Pember’s motions

for a preliminary injunction because Pember failed to establish that he was likely to 

suffer irreparable harm. See Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 

(2008) (listing factors for district court to consider in evaluating a motion for a 

preliminary injunction).

We do not consider Pember’s contentions regarding his January 30, 2019 

motion for a preliminary injunction or the merits of his underlying complaint 

because those issues are outside the scope of this appeal.

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

in the opening brief, or arguments and allegations raised for the first time on 

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

Pember’s request for judicial notice, set forth in his reply brief, is denied. 

Pember’s motion to consolidate (Docket Entry No. 11) is denied as moot.

AFFIRMED.
#### Farrand, Appellant, *v.*State Medical Board of State of Ohio, Appellee.

(No. 31979

Decided December 21, 1949.)

*Mr. Joseph W. Adkins, Jr., Mr. Richard Uuggard*and *Mr. Gollis Gundy Lane,*for appellant.

*Mr. Herbert S. Duffy,*attorney general, and *Mr. Joseph F. Ford,*for appellee.

It is ordered and adjudged, *sua sponte,*that this appeal as of right he, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.

*Appeal dismissed.*

Weygandt, C. J., Matthias, Hart, Zimmerman, Stewart, Turner and Tapt, JJ., concur.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

STANLEY DAVID KAMINSKI JR.,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 329 MAL 2020

Petition for Allowance of Appeal

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 12th day of November, 2020

, the Petition for Allowance of Appeal

is DENIED

.
# C_2019004EN.01001702.xml

| 7.1.2019 | EN | Official Journal of the European Union | C 4/17 |
| --- | --- | --- | --- |

7.1.2019

EN

Official Journal of the European Union

C 4/17

---

Request for a preliminary ruling from the Općinski sud u Novom Zagrebu (Croatia) lodged on 19 October 2018 — Hrvatska radiotelevizija v TY

(Case C-657/18)

(2019/C 4/23)

Language of the case: Croatian

Referring court

Općinski sud u Novom Zagrebu

Parties to the main proceedings

Applicant: Hrvatska radiotelevizija

Defendant: TY

Questions referred

| 1. | Is Article 1 of the Ovršni zakon (Law on enforcement, published in Narodne novine No 112/12, 25/13, 93/14, 55/16 and 73/17), a provision of national legislation which empowers notaries to enforce debts on the basis of an authentic document by issuing an enforcement order, such as a writ of execution, without the express consent of the debtor against whom enforcement is sought, in accordance with Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 18 of the Treaty on the Functioning of the European Union, having regard to the judgments of the Court in Cases C-484/15 and C-551/15? |
| --- | --- |

1.

Is Article 1 of the Ovršni zakon (Law on enforcement, published in Narodne novine No 112/12, 25/13, 93/14, 55/16 and 73/17), a provision of national legislation which empowers notaries to enforce debts on the basis of an authentic document by issuing an enforcement order, such as a writ of execution, without the express consent of the debtor against whom enforcement is sought, in accordance with Article 6(1) of the European Convention for the Protection of Human Rights and Fundamental Freedoms and Article 18 of the Treaty on the Functioning of the European Union, having regard to the judgments of the Court in Cases C-484/15 and C-551/15?

| 2. | Should the interpretation given in the judgments of the Court of 9 March 2017, Zulfikarpašić (C-484/15, EU:C:2017:199) and Pula Parking (C-551/15, EU:C:2017:193) be applied in the present case, Povrv-2032/17, which the referring court must hear and determine? |
| --- | --- |

2.

Should the interpretation given in the judgments of the Court of 9 March 2017, Zulfikarpašić (C-484/15, EU:C:2017:199) and Pula Parking (C-551/15, EU:C:2017:193) be applied in the present case, Povrv-2032/17, which the referring court must hear and determine?

---
INTERMEDIATE COURT OF APPEALS OF HAWAI'I

#### State v. Napulou

17653

4/28/97

Denied

85 Hawai'i 49, 936 P.2d 1297
##### 



DIGI INTERNATIONAL INC.
STOCK OPTION PLAN
AS AMENDED AND RESTATED
AS OF NOVEMBER 27, 2006
 Purpose of Plan
 Administration of Plan
 Shares Subject to Plan




---



##### 



Eligible Participants
 Terms and Conditions of Employee Options
  2




---



##### 



3




---



##### 



Terms and Conditions of Outside Director Options
     4




---



##### 



Annual Meeting
    
    
    
    
    
    
    
    
    
    Cumulative Percentageof Stockholders
    
    
    
    
    
    
    
    
    
    Becoming ExercisableOne Year After Grant
    
    
    
    
    
    
    
    
    
    
    50
    %Two Years After Grant
    
    
    
    
    
    
    
    
    
    
    100
    %
 5




---



##### 



Anniversary of the
    
    
    
    
    
    
    
    
    
    Cumulative PercentageDate of Grant
    
    
    
    
    
    
    
    
    
    Becoming ExercisableOne Year After Grant
    
    
    
    
    
    
    
    
    
    
    50
    %Two Years After Grant
    
    
    
    
    
    
    
    
    
    
    100
    %
        6




---



##### 



Manner of Exercising Options
 Transferability and Termination of Options
   7




---



##### 



Dissolution, Liquidation, Merger
 8




---



##### 



Substitution Options
 Tax Withholding
 9




---



##### 



Termination of Employment
 Adjustment for Changes in Capitalization
 Other Terms and Conditions
 Option Agreements
 10




---



##### 



Amendment and Discontinuance of Plan
      Effective Date
 11
[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Page 85731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26941]


-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Electronic Tax Administration Advisory Committee; Public Meeting

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

-----------------------------------------------------------------------

SUMMARY: The Electronic Tax Administration Advisory Committee (ETAAC) 
will hold a public meeting via telephone conference line.

DATES: Wednesday, Jan. 10, 2024.

FOR FURTHER INFORMATION CONTACT: Mr. Alec Johnston, Office of National 
Public Liaison, at (202) 317-4299, or send an email to 
<a href="/cdn-cgi/l/email-protection#3c4c495e50555f50555d554f53527c554e4f125b534a"><span class="__cf_email__" data-cfemail="cdbdb8afa1a4aea1a4aca4bea2a38da4bfbee3aaa2bb">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to 5 U.S.C. 
10(a)(2) of the Federal Advisory Committee Act, that a public meeting 
via conference call of the ETAAC will be held on Wednesday, Jan. 10, 
2024, at 12:30 p.m. EDT. The purpose of the ETAAC is to provide 
continuing advice regarding the development and implementation of the 
IRS organizational strategy for electronic tax administration. ETAAC is 
an organized public forum for discussion of electronic tax 
administration issues such as prevention of identity theft and refund 
fraud. It supports the overriding goal that paperless filing should be 
the preferred and most convenient method of filing tax and information 
returns. ETAAC members convey the public's perceptions of IRS 
electronic tax administration activities, offer constructive 
observations about current or proposed policies, programs, and 
procedures, and suggest improvements. Please call or email Alec 
Johnston to confirm your attendance. Mr. Johnston can be reached at 
202-317-4299 or <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="dc8ca9beb0b5bf90b5bdb5afb3b29cb5aeaff2bbb3aa">[email protected]</a>. Should you wish the ETAAC to 
consider a written statement, please call 202-317-4299 or email: 
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="28785d4a44414b644149415b474668415a5b064f475e">[email protected]</a>.

    Dated: December 4, 2023.
John A. Lipold,
Designated Federal Official, Office of National Public Liaison, 
Internal Revenue Service.
[FR Doc. 2023-26941 Filed 12-7-23; 8:45 am]
BILLING CODE 4830-01-P


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</html>
Breadcrumb

1. Hogar

2. Print 

3. Pdf 

4. Node 

5. Entity Print 

Plant Pest and Disease Management

and Disaster Prevention Program

Last Modified: 

Print

APHIS provides millions of dollars to stakeholders through the Plant Pest and Disease

Management and Disaster Prevention Program (PPDMDPP) under the authority of the

Plant Protection Act (PPA) Section 7721. The projects we fund help control invasive

plant pests and diseases and safeguard American agriculture and natural resources. 

Federal and State agencies, nonprofit organizations, tribes, universities, and private

entities submit projects under APHIS' goals:

1. Enhance plant pest and disease analysis and survey.

2. Target domestic inspection activities at vulnerable points in the safeguarding

continuum.

3. Enhance and strengthen pest identification and technology.

4. Safeguard nursery production.

5. Conduct targeted outreach and education.

6. Increase mitigation and rapid response capabilities.

If you're looking for information on specific plant pests and diseases, visit our plant

pests and diseases page.
Open PPDMDPP Funding Opportunities

No hay oportunidades abiertas en este momento. Vuelva pronto o regístrese para

recibir correos electrónicos sobre oportunidades futuras.

Ver mas Ver Menos

Sign Up for Email Updates

Learn About Section 7721 Funding

The Plant Protection Act, Section 7721 (PPA 7721) strengthens our nationwide

infrastructure for pest identification, surveillance, mitigation, and emergencies.

Section 7721 of the Plant Protection Act 

PPA 7721 Plant Pest and Disease Management and Disaster Prevention Program

Fiscal Year 2024 Spending Plan 

PPA 7721 Plant Pest and Disease Management and Disaster Prevention Program

Frequently Asked Questions 

Brochure: Plant Protection Act Section 7721 Funding 

How To Apply for APHIS Funding: Getting Started 

New to APHIS funding? Preparing early can help you avoid last-minute surprises or

obstacles when you apply.

Plant Pest and Disease Management and Disaster Prevention Program

Implementation Activities, 5-Year Archive 

View archive of previous years' implementation activities.

PPDMDPP and the Farm Bill

The 2008 Farm Bill established the PPDMDPP. The Agricultural Act of 2014 (also

known as the 2014 Farm Bill) amended the Plant Protection Act to combine the

National Clean Plant Network (NCPN) and the PPDMDPP, making them permanent. It

also authorized funding for both programs, giving $62.5 million per year in

Commodity Credit Corporation funding from fiscal year (FY) 2014 to FY 2017 and
$75 million per year in FY 2018 and beyond. At least $5 million must go to NCPN

annually. Both programs–PPDMDPP and NCPN–are codified under the Plant

Protection Act, Section 7721.

Learn More About the Farm Bill

Questions?

Any questions should be emailed to National Policy Manager Julie Van Meter at ppaprojects@usda.gov.
<TABLE> <S> <C>

<ARTICLE>  5
<LEGEND>  THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
  FROM THE CONSOLIDATED BALANCE SHEET AS OF JANUARY 1, 2000 AND THE
  CONSOLIDATED STATEMENT OF OPERATIONS FOR THE YEAR ENDED JANUARY 1, 2000
  AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
  PLEASE NOTE THAT THE ITEM TAGGED AS EPS-PRIMARY IS BASIC EPS AS REPORTED
  BY THE COMPANY.


<MULTIPLIER>  1,000

<S>                                              <C>
<PERIOD-START>                                   JAN-03-1999
<PERIOD-TYPE>                                    YEAR
<FISCAL-YEAR-END>                                JAN-01-2000
<PERIOD-END>                                     JAN-01-2000
<CASH>                                            25,610
<SECURITIES>                                       7,039
<RECEIVABLES>                                     45,018
<ALLOWANCES>                                       7,855
<INVENTORY>                                       26,805
<CURRENT-ASSETS>                                 109,680
<PP&E>                                           127,454
<DEPRECIATION>                                   102,746
<TOTAL-ASSETS>                                   165,896
<CURRENT-LIABILITIES>                             41,950
<BONDS>                                                0
<PREFERRED-MANDATORY>                                  0
<PREFERRED>                                            0
<COMMON>                                              23
<OTHER-SE>                                        64,842
<TOTAL-LIABILITY-AND-EQUITY>                     165,896
<SALES>                                          222,827
<TOTAL-REVENUES>                                 222,827
<CGS>                                            182,875
<TOTAL-COSTS>                                    182,875
<OTHER-EXPENSES>                                       0
<LOSS-PROVISION>                                    (430)
<INTEREST-EXPENSE>                                   477
<INCOME-PRETAX>                                  (51,188)
<INCOME-TAX>                                      (1,401)
<INCOME-CONTINUING>                              (49,787)
<DISCONTINUED>                                         0
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</TABLE>
128 P.3d 892

SUPREME COURT OF HAWAI'I

February 15, 2006

25871

#### Szymanski v. Americorp Intern., Ltd.

Dismissed
Exhibit 10.3


 


December 7, 2016


 


		RE:	Closing Statement in connection with the Note Purchase Agreement

 between Omagine Inc. (“Company”) and YA
II PN, Ltd. (“Investor”). 



 


This letter shall constitute the Closing Statement
agreed upon between the Company and the Investor regarding various payments and transfers to be made by the parties in connection
with Note Purchase Agreement dated December 7, 2016 (“Subscription Agreement”).


 


The parties hereby agree that the Investor
shall make the payments and transfers set forth below in accordance with the wire instructions to the account of
each recipient as set forth on Schedule A attached hereto (or otherwise provided to the Investor):


 





	Gross Proceeds to be paid to the Company:	 	$	750,000.00	 
	Less:	 	 	 	 
	Commitment Fee to be paid to the YA Global II SPV LLC (as designee of the Investor):	 	$	(75,000.00	)
	 	 	 	 	 
	Repayment of prior promissory note balance to YA II PN, Ltd.	 	$	(432,709.59	)
	 	 	 	 	 
	Net Proceeds to the Company:	 	$	242,290.41	 



 


[SIGNATURE PAGE IMMEDIATELY
TO FOLLOW]


 






    	 	 	 



     


    

 


Omagine Inc. 


 


	By:	/s/
    Charles P. Kuczynski	 
	Name:	Charles P. Kuczynski	 
	Title:	Vice President and Secretary	 


 


	YA II PN, Ltd. 	 
	 	 	 	 
	By:  	Yorkville Advisors Global, LP	 
	Its:  	Investment Manager	 
	 	 	 	 
	 	By:  	Yorkville Advisors Global, LLC	 
	 	Its:	General Partner	 


 


	By:	/s/
    David Gonzalez	 
	Name:	David Gonzalez	 
	Title:	Managing Member & General Counsel	 


 






    	 	2	 



     


    

 





SCHEDULE A


ACCOUNT INSTRUCTIONS


 


Omagine Inc.


Omagine, Inc.


Account Number  4830 5726 9673


 


Bank of America


ABA # 021000322


Swift ID: BOFAUS3N


 


358 Fifth Avenue


New York, N.Y. 10001


 


Bank Contact: Sydney Haines


Telephone: 212-613-1240




 


YA Global II SPV LLC and the Investor:


 


Instructions on file.
Summary Information Format 

for Conventional Live Veterinary Biologics

I. INTRODUCTION 

A. Objective 

B. Proposal 

II. CHARACTERIZATION OF THE MICROORGANISM 

A. Microbiological Properties 

1. Parental microorganism: 

(a) Identity of parental strain: 

(b) Genetic markers: 

2. Development of the vaccine strain: 

(a) Procedures used to attenuate the parental strain: 

(b) Screening methods and protocols for the identification and 

purification of the vaccine microorganism: 

(c) Vaccine Production 

3. Characterization of the Master Seed: 

(a) Master Seed designation: 

(b) Methods and protocols used to establish identification of the 

Master Seed: 

(c) Stability of the Master Seed organism at passage levels n and n+5 

(or highest passage level used in production): 

B. Biological Properties 

1. Parental microorganism: 

(a) Virulence: 
(b) Tissue tropism in susceptible host(s): 

(c) Horizontal gene transfer/recombination potential: 

(d) Host range specificity: 

(e) Environmental distribution: 

(f) Geographical distribution: 

(g) Recommended CDC/NIH biosafety levels: 

2. Master Seed: 

(a) Virulence: 

(i) Target animal: 

(ii) Non-Target animals: 

(b) Purity: 

(c) Phenotypic stability: 

(d) Tissue tropism in susceptible host(s): 

(e) Horizontal gene transfer/recombination potential: 

(f) Shed/Spread capabilities: 

(g) Host range specificity: 

(h) Effect of overdosing: 

(i) Survivability of the microorganism in the environment: 

(j) Environmental distribution:
1... Sitting by assignment.

i i i i i i

MEMORANDUM OPINION

No. 04-08-00583-CV

Jerry WANZER,

Appellant

v.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE – INSTITUTIONAL DIVISION, et al.,

Appellees

From the 81st Judicial District Court, Karnes County, Texas

Trial Court No. 04-03-00051-CVK

Honorable David Peeples, Judge Presiding1

PER CURIAM

Sitting: Phylis J. Speedlin, Justice

Rebecca Simmons, Justice

Steven C. Hilbig, Justice

Delivered and Filed: October 15, 2008

DISMISSED

From our initial review of the record it appeared that the order sought to be appealed is

interlocutory because it does not dispose of a pending claim for attorney’s fees, and no severance

order appears in the record. Therefore, we ordered appellant to show cause in writing why this
04-08-00583-CV

-2-

appeal should not be dismissed for lack of jurisdiction. Appellant’s response acknowledged the

pending claim for attorney’s fees. Based on our review of the record, we conclude that the order

signed on March 27, 2006 is not a final and appealable judgment because it does not dispose of all

parties and causes of action in this suit. Therefore, we do not have jurisdiction over this appeal. See

Lehmann v. Har-Con Corp., 39 S.W.3d 191, 200 (Tex. 2001). Accordingly, this appeal is dismissed

for lack of jurisdiction. See TEX. R. APP. P. 42.3(a). 

PER CURIAM
#### Perkin v. Administrative Director of Courts

18465

4/4/97

Reversed
# C_2018399EN.01003601.xml

| 5.11.2018 | EN | Official Journal of the European Union | C 399/36 |
| --- | --- | --- | --- |

5.11.2018

EN

Official Journal of the European Union

C 399/36

---

Order of the President of the General Court of 7 September 2018 — Robert v Conseil national de l’ordre des pharmaciens

(Case T-362/18 R)

((Interim measures - Dismissal of the main action - No need to adjudicate))

(2018/C 399/49)

Language of the case: French

Parties

Applicant: Alain Robert (Le Mans, France) (represented by: J.-M. Viala, lawyer)

Defendant: Conseil national de l’ordre des pharmaciens

Re:

Application based on Articles 278 and 279 TFEU, seeking suspension of the operation of the decision of the French Conseil national de l’ordre des pharmaciens of 3 October 2017, upheld by the French Conseil d’État by judgment of 7 February 2018, prohibiting the applicant from practicing as a pharmacist for one year.

Operative part of the order

| 1. | There is no need to adjudicate on the application for interim measures. |
| --- | --- |

1.

There is no need to adjudicate on the application for interim measures.

| 2. | Mr. Alain Robert shall bear his own costs. |
| --- | --- |

2.

Mr. Alain Robert shall bear his own costs.

---
IN THE SUPREME COURT OF THE STATE OF MONTANA

DA 22-0498

_________________

GREENER MONTANA PROPERTY 

MANAGEMENT, LLC, TRAVIS MARTINEZ, 

Individually and KRISTYN MARTINEZ, 

Individually,

 Plaintiffs and Appellees,

 v.

HYDI CUNNINGHAM,

 Defendant and Appellant.

O R D E R

_________________

Upon consideration of Appellant’s motion for extension of time, and good cause 

appearing, 

IT IS HEREBY ORDERED that Appellant is granted an extension of time to and

including May 5, 2023, within which to prepare, file, and serve Appellant’s reply brief on 

appeal.

No further extensions will be granted.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

April 24 2023

04/24/2023

Case Number: DA 22-0498
##### 



Exhibit 32
 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, and2)
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company as of
and for the periods covered in the Report.
 /s/ MICHAEL L. BENNETT
    
    /s/ FRANCIS G. MEYERMichael L. Bennett
    
    Francis G. MeyerPresident and Chief Executive Officer
    
    Sr. Vice President and Chief Financial andDirector (Principal Executive Officer)
    
    (Principal Financial Officer)Dated: July 27, 2007
    
    Dated: July 27, 2007