alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Stanlee DULL, Plaintiff—Appellant, v. AMERICAN DIABETES ASSOCIATION, a non-profit corporation, Defendant—Appellee.

No. 02-35287.

United States Court of Appeals, Ninth Circuit.

Submitted July 22, 2002.*

Decided July 31, 2002.

Before: BROWNING, KOZINSKI, and BERZON, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Stanlee Dull appeals the district court’s judgment dismissing for lack of judsdic*145tion her complaint against her employer, the American Diabetes Association, alleging that she was sexually harassed and then retaliated against for complaining of the harassment. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a dismissal for lack of subject matter jurisdiction, *Sommatino v. United States,*255 F.3d 704, 707 (9th Cir.2001), and reverse and remand.

The district court correctly concluded that the jurisdictional allegations of the complaint are insufficient. The complaint does not allege the number of employees employed by the American Diabetes Association and thus does not include all of the factual allegations necessary to establish jurisdiction pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17. However, it is not clear that the court lacks jurisdiction. Therefore, the district court erred by dismissing the complaint without providing Dull with an opportunity to amend. *See Jones v. Cmty. Redevelopment Agency,*733 F.2d 646, 651 n. 6 (9th Cir.1984); *May Dep’t Store v. Graphic Process Co.,*637 F.2d 1211, 1216 (9th Cir.1980).

Dull shall bear her own costs on appeal.

REVERSED and REMANDED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                           3,205
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                       1,025,994
<DEPRECIATION>                                 219,193
<TOTAL-ASSETS>                                 900,998
<CURRENT-LIABILITIES>                                0
<BONDS>                                        553,064
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           186
<OTHER-SE>                                     179,831
<TOTAL-LIABILITY-AND-EQUITY>                   900,998
<SALES>                                              0
<TOTAL-REVENUES>                               158,698
<CGS>                                                0
<TOTAL-COSTS>                                   79,096
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              29,506
<INCOME-PRETAX>                                 41,192
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             18,746
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    18,746
<EPS-PRIMARY>                                     1.06
<EPS-DILUTED>                                     1.06
        

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

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the audited
consolidated balance sheet and consolidated statement of operations of
Alternative Living Services, Inc., filed with the Company's Form 10-K for the
period ended December 31, 1998 and is qualified in its entirety by reference to
such financial statements and related footnotes.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          49,934
<SECURITIES>                                         0
<RECEIVABLES>                                    4,045
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                90,852
<PP&E>                                         660,756
<DEPRECIATION>                                (20,545)
<TOTAL-ASSETS>                                 777,810
<CURRENT-LIABILITIES>                           62,547
<BONDS>                                        515,584
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       178,083
<OTHER-SE>                                       (971)
<TOTAL-LIABILITY-AND-EQUITY>                   777,810
<SALES>                                        244,423
<TOTAL-REVENUES>                               244,423
<CGS>                                                0
<TOTAL-COSTS>                                  235,035
<OTHER-EXPENSES>                                   170
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              11,024
<INCOME-PRETAX>                                 23,688
<INCOME-TAX>                                     3,136
<INCOME-CONTINUING>                             20,552
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    20,552
<EPS-PRIMARY>                                      .94
<EPS-DILUTED>                                      .92
        

</TABLE>
**Exhibit 23.1**

 

**Consent of Independent Registered Public Accounting Firm**

 

We consent to the incorporation by reference in the Registration Statements (Form S-8 Nos. 333-108352 and 333-74508) pertaining to theNovoste Corporation 2001 Stock Plan, as amended, the Novoste Corporation 2002 Broad-Based Stock Plan, the Novoste Corporation 2002 Chief Executive Officer Stock Option Plan, and the Employee Stock Purchase Plan, as amended, of our reports datedMarch 14, 2005 with respect to the consolidated financial statements and schedule of Novoste Corporation, Novoste Corporation management’s assessment of the effectiveness of internal control over financial reporting, and the effectiveness ofinternal control over financial reporting of Novoste Corporation, included in this Annual Report (Form 10-K) for the year ended December 31, 2004. 

 

/s/    Ernst & Young LLP 

 

Atlanta, Georgia 

March 14, 2005
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 1009 of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Center for Advancing Translational Sciences Special Emphasis Panel; R13 Conference Grant Review.                    

*Date:*                         March 5, 2024.                    

*Time:*                         12:45 p.m. to 4:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Center for Advancing Translational Sciences, National Institutes of Health, One Democracy Plaza, 6701 Democracy Boulevard, Bethesda, MD 20892 (Video Assisted Meeting).                    

*Contact Person:*                         Marilyn Moore-Hoon, Ph.D., Scientific Review Officer, Scientific Review Branch, National Center for Advancing Translational Sciences, National Institutes of Health, 6701 Democracy Boulevard, MSC 4874, Bethesda, MD 20892, (301) 827-95549,                         *mooremar@mail.nih.gov*.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.859, Pharmacology, Physiology, and Biological Chemistry Research; 93.350, B—Cooperative Agreements; 93.859, Biomedical Research and Research Training, National Institutes of Health, HHS)

Dated: January 26, 2024.

Melanie J. Pantoja,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2024-01961 Filed 1-31-24; 8:45 am]

BILLING CODE 4140-01-P
**Exhibit10.3**

**DISCRETIONARYCREDIT DEMAND NOTE**

 
| $250,000 |   | Minneapolis,  Minnesota  April 16, 2004 |
|----------|--------|-----------------------------------------|

 

                FORVALUE RECEIVED, MEDICAL CV, INC., a Minnesota corporation (the “Borrower”)promises to pay **ON DEMAND** to theorder of PKM PROPERTIES, LLC, a Minnesota limited liability company (the “Lender”)at its office in Minneapolis, Minnesota or at such other place as may bedesignated from time to time by the holder hereof, in lawful money of theUnited States of America, the principal sum of Two Hundred Fifty ThousandDollars ($250,000) or so much thereof as has been advanced by the Lender to orfor the benefit of the Borrower pursuant to that certain April 2004Discretionary Credit Agreement, dated as of April 16, 2004, as amended fromtime to time, between the Borrower and the Lender (the “Agreement”) andremains unpaid, together with interest on the unpaid principal balance hereoffrom the date hereof until this Note is fully paid, at an annual rate ofinterest, calculated on the basis of actual number of days elapsed in a 360 dayyear, that shall at all times be equal to the Interest Rate, as provided in theAgreement, each change in the interest rate herein to become effective on theday the corresponding change in the Interest Rate becomes effective.

 

**ALL SUMS DUE UNDER THIS NOTE ARE DUE AND PAYABLE IMMEDIATELYUPON DEMAND. **Until a demandis made, this Note is payable as follows:  the principal of this Note and all accrued interest shall be due andpayable on or before May 26, 2004. Payments hereunder shall be applied first to the payment of accruedinterest and then to the reduction of principal.  The Borrower may prepay at any time and fromtime to time, all or any portion of the balance from time to time remaining onthis Note, without penalty or premium.

 

                ThisNote is secured by the May Security Agreement referred to in the Agreement, andis issued pursuant to and is subject to the Agreement.

 

                TheBorrower agrees to pay all costs of collection, including attorneys’ fees, inthe event this Note is not paid when due. This Note is being delivered in, and shall be governed by, the laws ofthe State of Minnesota.  Presentment orother demand for payment, notice of dishonor and protest are expressly waived.

 
| .      |   | MEDICAL CV, INC |
|--------|--------|-----------------|
|   |   |            |
|   |   |            |
|   |   | By:             |   | /s/  Blair P. Mowery |
|   |   | Its:            |   | President |

 

 

----
#### H. C. CARTER, Appellant, v. SERVIS EQUIPMENT CO. et al., Appellees.

No. 14293.

Court of Civil Appeals of Texas. Houston.

April 23, 1964.

Rehearing Denied May 28, 1964.

Ted Musick, Houston, for appellant.

Johnson, Guthrie, White & Stanfield; and Robert Lee Guthrie, Dallas, for appel-lees.

BELL, Chief Justice.

This is an appeal from an order of the trial court sustaining pleas of privilege filed by appellees asserting their right to be sued in Dallas County. Appellant filed suit in the District Court of Harris County against Servís Equipment Company and Al H. Scifres to recover damages for the breach by them of a contract under which appellant allegedly became appellees’ exclusive agent to sell certain equipment in Harris County.

After appellees had filed their pleas of privilege in proper form, appellant filed his controverting affidavit asserting the suit was on a written contract that called for performance in Harris County.

There is no statement of facts. The judgment of the court recites all matters of fact were submitted to the court, a jury being waived, and that the court heard evidence. The burden was on appellant to prove facts showing venue lay in Harris County. In the absence of a statement of facts we must presume there was sufficient evidence to support the trial court’s judgment. Commercial Credit Corporation v. Smith, 143 Tex. 612, 187 S.W.2d 363.

The judgment of the trial court is affirmed.
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averj / goo dchanc e existe do f

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o f mos t o f th e "Darby " cases , includin g thi s cas e presentl y befor e th e Decisionmaker

. Th e Respondent' s Attorney , Deaiin aWcidner , join s i n thi s reques t

t o athir dextensio n o f

tim e for submittin g abrie f

i n perfectin g th e appeal

. Additionally , a n extensio no f th e tim e for

th e Agenc y t o submi t

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wil l mor e closol y alig n th e du e date s fo r thi s an dth e 11" * Circui t

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mrespectfull y requestin g tha t

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. I f yo u hav e any further

questions , pleas e d o no t

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m e at (202 ) 267-9676

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{.aymon dVeatc h Attorne y for

th e Agenc y

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. McClain , ACC430 , Docke t Clerk (b y e-mai l only )
EXHIBIT 32.1



                                Certification of
                            American River Bankshares
            pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
  regarding Quarterly Report on Form 10-Q for the quarter ended March 31, 2007


         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), each
of the undersigned officers of American River Bankshares, a California
corporation (the "Company"), does hereby certify that:

         1.       The Company's Quarterly Report on Form 10-Q for the quarter
                  ended March 31, 2007 (the "Form 10-Q") fully complies with the
                  requirements of Section 13(a) or 15(d) of the Securities
                  Exchange Act of 1934, as amended; and

         2.       Information contained in the Form 10-Q fairly presents, in all
                  material respects, the financial condition and results of
                  operations of the Company.



         Dated: May 7, 2007           By: /s/ DAVID T. TABER
                                          --------------------------------------
                                          David T. Taber
                                          President and Chief Executive Officer


         Dated: May 7, 2007           By: /s/ MITCHELL A. DERENZO
                                          --------------------------------------
                                          Mitchell A. Derenzo
                                          Executive Vice President and
                                          Chief Financial Officer



         A signed original of this written statement required by Section 906 has
been provided to American River Bankshares and will be retained by American
River Bankshares and furnished to the Securities and Exchange Commission or its
staff upon request.

                                       47
II

104TH CONGRESS

2D SESSION S. 1669

To name the Department of Veterans Affairs medical center in Jackson,

Mississippi, as the ‘‘G.V. (Sonny) Montgomery Department of Veterans

Affairs Medical Center’’.

IN THE SENATE OF THE UNITED STATES

APRIL 15, 1996

Mr. LOTT (for himself and Mr. COCHRAN) introduced the following bill; which

was read twice and referred to the Committee on Veterans’ Affairs

A BILL

To name the Department of Veterans Affairs medical center

in Jackson, Mississippi, as the ‘‘G.V. (Sonny) Montgomery Department of Veterans Affairs Medical Center’’.

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

3 SECTION 1. NAME OF DEPARTMENT OF VETERANS AFFAIRS

4 MEDICAL CENTER, JACKSON, MISSISSIPPI.

5 (a) NAME.—The Department of Veterans Affairs

6 medical center in Jackson, Mississippi, shall be known and

7 designated as the ‘‘G.V. (Sonny) Montgomery Department

8 of Veterans Affairs Medical Center’’. Any reference to

9 such medical center in any law, regulation, map, docu-
2

S 1669 IS

1 ment, record, or other paper of the United States shall

2 be considered to be a reference to the G.V. (Sonny) Mont3 gomery Department of Veterans Affairs Medical Center.

4 (b) EFFECTIVE DATE.—Subsection (a) shall take ef5 fect at noon on January 3, 1997.

Æ
<PAGE>
 
                                                                  Exhibit 23.1

             CONSENT OF ERNST & YOUNG LLP, INDEPENDENT AUDITORS

        We consent to the reference to our firm under the caption "Experts" in
the Registration Statement (Form S-8) pertaining to the 1996 Stock Plan, 1998 
Employee Stock Purchase Plan and the Non-Qualified Stock Option Agreements of 
IA Corporation I of our report dated January 27, 1999 with respect to the 
financial statements and schedule of IA Corporation I included in its Annual 
Report (Form 10-K) for the year ended December 31, 1998, filed with the 
Securities and Exchange Commission.

                                                /s/ Ernst & Young LLP

Walnut Creek, California
March 29, 1999
# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

* * * * * * * * * * * * * * * * * * * * * *

COLLEEN DOTSON

, * No. 15

- 93 V

* Special Master Christian J. Moran

Petitioner, *

*

v. *

* Filed: October 16, 2015

SECRETARY OF HEALTH *

AND HUMAN SERVICES, * Stipulation; influenza vaccine;

* shoulder; adhesive capsulitis; bursitis

. Respondent. *

*

* * * * * * * * * * * * * * * * * * * * * *

Maximillian J. Muller

, Muller Brazil, LLP

, Philadelphia, PA , for Petitioner;

Heather L. Pearlman , U.S. Dep ’ t of Justice, Washington, DC, for Respondent.

UNPUBLISHED DECISION 1

On October 13

, 201 5 , the parties filed a joint stipulation concerning the

petition for compensation filed by Colleen Dotson on January 29, 2015 . In h er

petition, petitioner alleged that the influenza vaccine she received on or about

October 24, 2012 caused her to suffer a shoulder injury including adhesive

capsulitis and bursitis, with residual effects lasting more than six months.

Petitioner represents that there has been no prior award or settlement of a civil

action for damages on her b ehalf as a result of his condition

.

Respondent denies that any of the vaccines that petitioner received either

caused or significantly aggravated petitioner’s shoulder injuries or any other injury

or condition

.

1 T he E

- Government Act of 2002, Pub. L. No. 107

- 347, 116 Stat. 2899, 2913 (Dec. 17,

2002), requires that the Court post this decision on its website. Pursuant to Vaccine Rule 18(b),

the parties have 14 days to file a motion proposing redaction of medical inf ormation or other

information described in 42 U.S.C. § 300aa

- 12(d)(4). Any redactions ordered by the special

master will appear in the document posted on the website.2

Nevertheless, the parties agree to the joint stipulation, attached hereto as

Appendix A. The undersigned finds said stipulation reasonable and adopts it as the

decision of the Court in awarding damages, on the terms set forth therein.

Damages awarded in that stipulation include:

A lump sum payment of $ 75,000 .00 in the form of a check payable to

petitioner, Colleen Dotson . This amount represents compensation for

all damages that would be available under 42 U.S.C. § 300aa

- 15(a).

In the absence of a motion for review filed pursuant to RCFC, Appendix B,

the clerk is directed to enter judgment in cas e 15

- 93 V according to this decision

and the attached stipulation. 2

Any questions may be directed to my law clerk

, Dan Hoffman , at (202) 357

-

6 360

.

IT IS SO ORDERED.

s/Christian J. Moran

Christia n J. Moran

Special Master

2 Pursuant to Vaccine Rule 11(a), the parties can expedite entry of judgment by each

par ty filing a notice renouncing the right to seek review by a United States Court of Federal

Claims judge.