alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

RESTORATIONS UNLIMTED, LLC, a/ a /o KATHLEEN REED
, Appellant,

v.

FLORIDA FAMILY INSURANCE COMPANY
, Appellee

.

No. 4D 21

- 133

[ April 29, 2021 ]

Appeal from the County Court for the Fifteenth Judicial Circuit, Palm Beach County ; Paige Gillman , Judge; L.T. Case No. 50

- 2019

- AP

- 000064

and 50

- 2015

- CC

- 012510

.

Scott G. Millard and Kevin Vorhis of the Cohen Law Group, P.A., Maitland, for appellant.

Mihaela Cabulea and Anthony J. Russo of B utler Weihmuller Katz Craig, LLP; and Nicholas J. Reising, Jr. of Loughren, Doyle and Reising, P.A., Fort Lauderdale for appellee.

P ER C URIAM

.

Affirmed.

L EVINE
, C.J., M AY and C IKLIN
, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
<PAGE>

                                                                   Exhibit 23.1

Consent of KPMG LLP, Independent Auditors

The Board of Directors and Stockholders
Netopia, Inc.:

   We consent to incorporation by reference in the registration statements
(Nos. 333-75034, 333-65508, 333-51482, 333-37250, 333-74943 and 333-61845) on
Form S-8 of Netopia, Inc. of our report dated October 31, 2001, relating to the
consolidated balance sheets of Netopia, Inc. and subsidiary as of September 30,
2001 and 2000, and the related consolidated statements of operations,
stockholders' equity, and cash flows for each of the years in the three-year
period ended September 30, 2001, and our report on the related financial
statement schedule, which report appears in the September 30, 2001, annual
report on Form 10-K of Netopia, Inc.

                                          KPMG LLP

San Francisco, California
December 21, 2001
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               JUN-30-1996
<CASH>                                           6,864
<SECURITIES>                                         0
<RECEIVABLES>                                   23,004
<ALLOWANCES>                                    10,088
<INVENTORY>                                          0
<CURRENT-ASSETS>                                22,461
<PP&E>                                          41,810
<DEPRECIATION>                                  11,958
<TOTAL-ASSETS>                                  70,386
<CURRENT-LIABILITIES>                           23,628
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      6,750
<COMMON>                                             3
<OTHER-SE>                                       4,055
<TOTAL-LIABILITY-AND-EQUITY>                    70,386
<SALES>                                         26,460
<TOTAL-REVENUES>                                26,460
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                25,564
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             (1,144)
<INCOME-PRETAX>                                (4,093)
<INCOME-TAX>                                        65
<INCOME-CONTINUING>                            (4,158)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  3,179
<CHANGES>                                            0
<NET-INCOME>                                     (979)
<EPS-PRIMARY>                                    (.70)
<EPS-DILUTED>                                        0
        

</TABLE>
EX-32.1
           Written Statement of the Chief Financial Officer and Chief
                 Executive Officer Pursuant to 18 U.S.C.  1350

Solely for the purposes of complying with 18 U.S.C. 1350, I,  the undersigned
Chief  Executive Officer of  McKenzie Bay International, Ltd.  (the "Company"),
hereby certify, based on  my  knowledge,  that  the Quarterly  Report  on Form
10-QSB of the Company  for  the  quarter ended  December 31, 2003  (the
"Report") fully complies  with  the requirements of Section 13(a) of the
Securities Exchange Act  of 1934   and  that  information  contained  in  the
Report  fairly presents,  in all material respects, the financial condition  and
results of operations of the Company.


Date: May 6, 2004

/s/ Gary L. Westerholm
----------------------
Gary L. Westerholm
Principal Executive Officer
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1943 Introduced in Senate (IS)]

104th CONGRESS
  2d Session
                                S. 1943

 To amend the Fair Labor Standards Act of 1938 to exempt inmates from 
  the minimum wage and maximum hour requirements of such Act, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 11, 1996

 Mr. Graham (for himself, Mr. Reid, Mr. DeWine, Mr. Dorgan, Mr. Mack, 
  Mr. Bryan, and Mr. Conrad) introduced the following bill; which was 
 read twice and referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL

 
 To amend the Fair Labor Standards Act of 1938 to exempt inmates from 
  the minimum wage and maximum hour requirements of such Act, and for 
                            other purposes.

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

SECTION 1. EXEMPTION.

    (a) In General.--Section 13(a) of the Fair Labor Standards Act of 
1938 (29 U.S.C. 213(a)) is amended--
            (1) by striking the period at the end of paragraph (16) and 
        inserting ``; or''; and
            (2) by adding at the end thereof the following new 
        paragraph:
            ``(17) any individual who is an inmate of a penal or other 
        correctional institution and who participates in a correctional 
        work program, that is sanctioned by a Federal or State 
        corrections agency or that is administered by a nonprofit 
        organization authorized by State law to conduct a correctional 
        work program on behalf of the State, except that this paragraph 
        shall not apply to a convict or prisoner who participates in a 
        prison work pilot program pursuant to section 1761(c) of title 
        18, United States Code.''.
    (b) Application.--The amendment made by subsection (a)(2) shall 
take effect as if enacted on the date of enactment of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 201 et seq.).
                                 <all>
```
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-40434 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus NOE SANTA MARIA-MARTINEZ, Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Southern District of Texas USDC No. V-96-CR-8-S-1

- - - - - - - - - - February 12, 1998 Before SMITH, EMILIO M. GARZA, and DeMOSS, Circuit Judges.
PER CURIAM: * Court-appointed counsel for Noe Santa Maria-Martinez (“Santa Maria”) has filed a brief as required by Anders v. California , 386 U.S. 738 (1967). Santa Maria has responded to counsel’s brief. Our independent review of the brief, Santa Maria’s response, and the record discloses no nonfrivolous issue. Accordingly, counsel is excused from further responsibilities herein and the APPEAL IS DISMISSED.No. -2-
Exhibit 32.1



Certification of Chief Executive Officer Regarding Periodic Report Containing Financial

Statements pursuant to 18 U.S.C. 1350 as adopted pursuant to Section 906 of the

Sarbanes-Oxley Act of 2002



I, Michael G. Carlton, the Chief Executive Officer of Crescent Financial Corporation, in compliance with 18 U.S.C Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, hereby certify that, (i) the Form 10-QSB
filed by Crescent Financial Corporation (the Issuer) for the quarter ended September 30, 2003, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (ii) the information contained in
that report fairly presents, in all material respects, the financial condition and results of operations of the Issuer on the dates and for the periods presented therein.



|                   |  |     |  |                                      
|------------------ |  | --- |  | -------------------------------------
|Date: May 12, 2004 |  | By: |  | /s/ Michael G. Carlton               
|                   |  |     |  | Michael G. Carlton                   
|                   |  |     |  | President and Chief Executive Officer
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GEO EDWARD Mc CALIP,

Plaintiff

- Appellant,

v. TED CONFERENCES, LLC; SAPLING FOUNDATION,

Defendants

- Appellees. No. 16

- 55510

D.C. No. 2:15

- cv
- 01121

- AB

- GJS

MEMORANDUM *

Appeal from the United States District Court for the Central District of California Andre Birotte, Jr., District Judge, Presiding

Submitted May 8, 2017 **

Before: REINHARDT, LEAVY, and NGUYEN, Circuit Judges. Geo Edward McCalip appeals pro se from the district court’s judgment
dismissing his 42 U.S.C. § 1983 action alleging various federal and state law
claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a

dismissal for failure to state a c laim under Fed. R. Civ. P. 12(b)(6)

. Hebbe v.

* 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

MAY 10 2017
MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 16

- 55510

Pliler , 627 F.3d 338, 341 (9th Cir. 2010). We affirm.
The district court properly dismissed McCalip’s 42 U.S.C. § 1983 and Cal.
Civ. Code § 52.1 claims because McCalip failed to allege facts sufficient to sho w

that defendants acted under the color of state law. See Chudacoff v. Univ. Med.

C tr. of S. Nev. , 649 F.3d 1143, 1149 (9th Cir. 2011) (elements of § 1983 action);
Dietrich v. John Ascuaga’s Nugget , 548 F.3d 892, 900 (9th Cir. 2008) (“Merely
complaining t o the police does not convert a private party into a state actor.”
( citation and internal quotation marks omitted ) ); Jones v. Kmart Corp ., 949 P.2d
941, 943

- 44 ( Cal. 1998) ( private individual cannot be liable under § 52.1 for
alleged direct violation of fe deral constitutional right ).
The district court properly dismi ssed McCalip’s Cal. Civ. Code § 3294 claim
because McCalip did not allege facts demonstrating malice, oppression, or fraud.

See Cal. Civ. Code § 3294 (requirements for punitive damages under California
law).
We reject as unsupported by the record McCalip’s contentions regarding
defendants misleading the district court.

W e d o not consider evidence, allegations, or argument s raised for the first
time on appeal. See Padgett v. Wright , 587 F.3d 9 83, 985 n.2 (9th Cir. 2009);3 16

- 55510

Lowry v. Barnhart , 329 F.3d 1019, 1025 (9th Cir. 2003) (“The appellate process is
for addressing the legal issues a case presents, not for generating new evidence to
parry an opponent’s arguments.”); United States v. Elias , 921 F.2d 870, 874 (9th
Cir. 1990) (“Documents or facts not presented to the district court are not part of
the record on appeal.”). To the extent McCalip requests in his opening brief that

we vacate and remand so that he may introduce allegations and evidenc e related to
contracts between defendants and the City of Long Beach that were in McCalip’s
possession, but not introduced, during the underlying proceedings , we deny the

request.

AFFIRMED.
### SAT Report PMN Number: P-13-0064 SAT Date: 11/9/2012 Print Date: 2/4/2013

Related cases : Health related cases : Ecotox related cases:

Concern levels : Type of Concern: Health Eco Comments Level of Concern: 2 3

Persistence Bioaccum Toxicity Comments 1 11

Exposure Based Review : Health: N o Ecotox: Yes
Routes of exposure : Health: Dermal Inhalation Ecotox: All releases to water Fate: ; Keywords : Keywords: IRR-E,S,L,MM, LUNG, UNCERT-SENS, AQUATOX-A,C
Summary of Assessment :

Fate : Fate Summary: P-13-0063-77 FATE: Estimations for Liquid with MP < 25 C (E) log Kow = 3.30 (E) S = Dispersible / 73.2 mg/L at 25 C (ICB / E) VP < 1.0E-6 torr at 25 C (E) BP > 400 C (E) H < 1.00E-8 (E) log Koc = 5.66 (E) log Fish BCF = 1.85 (E)log Fish BAF = 1.79 (E) POTW removal (%) = 90 via sorption Time for complete ultimate aerobic biodeg = wk-mo Sorption to soils/sediments = v.strong PBT Potential: P1B1 *CEB FATE: Migration to ground water = negl

Health : Health Summary: Absorption is poor through the skin, moderate through the GI tract, and good through the lungs based on analogs. The PMN material is expected to be a strong irritant to all exposed tissues based on the amines and the surfactant properties of the material. There is also concern for lung effects if respirable particles are inhaled based on cationic binding to lung tissues and/or interference with the natural surfactant balance in the lungs. There is uncertain concern for sensitization for the . Moderate

concern.

Ecotox :
Test Organism Test Type Test End Point Predicted Measured Comments

fish 96-h LC50 1.3 aliphatic amine SAR daphnid 48-h LC50 0.21 aliphatic amine SAR green algal 96-h EC50 0.078 amide SAR fish

_ chronic value 0.012 amide SAR daphnid

_ chronic value 0.023 aliphatic amine SAR

algal

_ chronic value 0.038 aliphatic amine SAR
Sewage Sludge 3-h EC50

_ Sewage Sludge

_ Chronic Value _

Ecotox Values Comments: Predictions are based on SARs for aliphatic amines and amides; SAR chemical class = aliphatic amine, amide; ; liquid; log Kow = 5.15 (EPI); S = dispersible in water at 25 C (P); p H7; effective concentrations based on 100% active ingredients and mean measured concentrations; hardness < 150.0 mg/L as CaCO3; and TOC <2.0 mg/L;

Factors Values Comments Assessment Factor 10 Concentration of Concern ( p pb) 1 amide SAR

SARs aliphatic amines and amides SAR Class aliphatic amine, amide Ecotox Category N oneEcotox Factors Comments:

SAT Chair: Becky Jones
<PAGE>   1
                                                                      Exhibit 11



                                  SRS LABS, INC
                    COMPUTATION OF EARNINGS PER COMMON SHARE

<TABLE>
<CAPTION>
                                                                Three Months      Nine Months
                                                                   Ended            Ended
                                                               Sept. 30, 1996   Sept. 30, 1996
                                                               --------------   --------------
<S>                                                              <C>              <C>       
Common Shares and common share equivalents:

Number of shares outstanding at beginning of period               6,361,096        5,999,032

Weighted average common shares issued from the exercise
   of stock options                                                      --          341,949

Weighted average common shares issued in conjunction
   with the initial public offering                               1,810,817          603,626

Shares issuable upon the exercise of common stock
   options net of shares assumed to be repurchased
   from proceeds obtained therefrom                               1,399,882        1,399,882
                                                                 ----------       ----------

Weighted average common and common equivalent
   shares at end of period                                        9,571,795        8,344,489
                                                                 ==========       ==========

Net income for primary net income per share                      $  632,609       $1,139,857

Primary net income per common and common equivalent shares       $     0.07       $     0.14
                                                                 ==========       ==========
</TABLE>
##### Table of Contents



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 Washington, D.C. 20549
 FORM 8-K
 CURRENT REPORT
Pursuant to Section 13 of 15(d) of the Securities Exchange Act of 1934
 February 23, 2009
Date of Report (Date of earliest event reported)
 LOCAL.COM CORPORATION
  Delaware
    
    001-34197
    
    33-0849123(State or other jurisdiction
    
    (Commission File Number)
    
    (IRS Employerof incorporation)
    
    
    
    Identification No.)
 One Technology Drive, Building G
Irvine, California 92618
 (949) 784-0800
 N/A
  o
 o
 o
 o




---



TABLE OF CONTENTS  Item 1.01 Entry into a Material Definitive Agreement.Item 5.02. Departure of Directors or Principal Officers; Election of Directors; Appointment of Principal Officers.Item 9.01 Financial Statements and Exhibits.SIGNATURESExhibit IndexEX-10.1EX-10.2EX-99.1    Table of Contents  
 Item 1.01 Entry into a Material Definitive Agreement.
    Number of
    
    VestingShares
    
    ScheduleGrant 1
    
    
    130,000
    
    
    
    (1
    )Grant 2
    
    
    43,333
    
    
    
    (2
    )Grant 3
    
    
    43,333
    
    
    
    (3
    )Grant 4
    
    
    43,334
    
    
    
    (4
    )
 
 (1)
    
    33.33% vests on the first anniversary of the grant date and quarterly thereafter over the
following two years.(2)
    
    33.33% vests on the second anniversary of the grant date and quarterly thereafter over the
following two years.(3)
    
    33.33% vests on the third anniversary of the grant date and quarterly thereafter over the
following two years.(4)
    
    33.33% vests on the fourth anniversary of the grant date and quarterly thereafter over the
following two years.   
 Item 5.02. Departure of Directors or Principal Officers; Election of Directors; Appointment of
Principal Officers.




---



##### Table of Contents



Item 9.01 Financial Statements and Exhibits.
 Exhibit 10.1
    
    Separation and General Release Agreement by and among the Registrant and Douglas S.
Norman dated February 23, 2009.Exhibit 10.2
    
    Employment Agreement by and among the Registrant and Brenda Agius dated February 23,
2009.Exhibit 99.1
    
    Press release of Local.com Corporation dated February 24, 2009.




---



##### Table of Contents



SIGNATURES
  LOCAL.COM CORPORATIONDate: February 27, 2009
    By:
    /s/ Heath B. ClarkeHeath B. ClarkeChief Executive Officer and Chairman




---



##### Table of Contents



Exhibit Index
 ExhibitNumber
    
    Description10.1
    
    Separation and General Release Agreement by and among the
Registrant and Douglas S. Norman dated February 23, 2009.10.2
    
    Employment Agreement by and among the Registrant and Brenda Agius
dated February 23, 2009.99.1
    
    Press Release of Local.com Corporation dated February 24, 2009.
Exhibit 23.1

Consent of KPMG LLP

The Board of Directors
Netopia, Inc.:

We consent to the incorporation by reference in the registration statements
(Nos. 333-75034, 333-65508, 333-51482, 333-37250, 333-74943 and 333-61845) on
Form S-8 of Netopia, Inc. of our report dated November 5, 2002, relating to the
consolidated balance sheets of Netopia, Inc. and subsidiary as of September 30,
2002 and 2001, and the related consolidated statements of operations and
comprehensive loss, stockholders' equity, and cash flows for each of the years
in the three-year period ended September 30, 2002, and the related financial
statement schedule, which report appears in the September 30, 2002, annual
report on Form 10-K of Netopia, Inc.

                                                           KPMG LLP

San Francisco, California
December 20, 2002
<PAGE>
                                                                     EXHIBIT 6.1
                                                                TO ANNUAL REPORT
                                                                    ON FORM 20-F


             STATEMENT EXPLAINING HOW EARNINGS PER SHARE INFORMATION
                      WAS CALCULATED IN THIS ANNUAL REPORT

     The calculation of basic earnings per share for 2002 was based on the net
profit for the period attributable to ordinary shareholders of RMB557.1 million
(2001: RMB533.5 million), divided by the weighted average number of ordinary
shares outstanding during the year of 4,335,550,000 shares (2001: 4,335,550,000
shares). No diluted earnings per share were presented as there were no dilutive
potential ordinary shares as of the year ended 2002.
##### Table of Contents



UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
 WASHINGTON, D.C. 20549
 
 FORM 8-K
 CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
 September 3, 2008
 QUESTCOR PHARMACEUTICALS, INC.
  California
(State or Other Jurisdiction 
of Incorporation)
    
    001-14758
(Commission File Number)
    
    33-0476164
(I.R.S. Employer
Identification No.)3260 Whipple Road Union City, California
(Address of Principal Executive Offices)
    
    94587
(Zip Code)
 (510) 400-0700
 
   o
    
    Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)o
    
    Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)o
    
    Pre-commencement communications pursuant to Rule 14d-2(b) under the
Exchange Act (17 CFR 240.14d-2(b))o
    
    Pre-commencement communications pursuant to Rule 13e-4(c) under the
Exchange Act (17 CFR 240.13e-4(c))




---



TABLE OF CONTENTS  Item 1.01. Entry into a Material Definitive Agreement.Item 7.01. Regulation FD Disclosure.Item 9.01 Financial Statements and Exhibits.SIGNATURESEXHIBIT INDEXEXHIBIT 10.1EXHIBIT 99.1    Table of Contents  
 Item 1.01. Entry into a Material Definitive Agreement.
   
 Item 7.01. Regulation FD Disclosure.
   
 Item 9.01 Financial Statements and Exhibits.
 (d) Exhibits.
 Exhibit No.
    
    Exhibit Description10.1
    
    Stock Purchase Agreement, by and between Questcor
Pharmaceuticals, Inc. and Inverlochy Consultadoria & Servicos
L.D.A., dated September 3, 2008.99.1
    
    Questcor Pharmaceuticals, Inc. Press Release dated September
4, 2008.




---



##### Table of Contents



SIGNATURES
  Date: September 9, 2008
    QUESTCOR PHARMACEUTICALS, INC.By:
    /s/ George StuartGeorge StuartSenior Vice President, Finance, and
Chief Financial Officer




---



##### Table of Contents



Exhibit No.
    
    Exhibit Description10.1
    
    Stock Purchase Agreement, by and between Questcor Pharmaceuticals, Inc. and Inverlochy
Consultadoria & Servicos L.D.A., dated September 3, 2008.99.1
    
    Questcor Pharmaceuticals, Inc. Press Release dated September 4, 2008.