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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

JAMES L. MACKLIN, 

Plaintiff-Appellant, 

 v. 

MATTHEW HOLLINGSWORTH, Select 

Portfolio Servicing, Inc.; et al., 

Defendants-Appellees.

No. 15-16034 

D.C. No. 2:10-cv-01097-MCE-KJN 

MEMORANDUM*

Appeal from the United States District Court

for the Eastern District of California

Morrison C. England, Jr., District Judge, Presiding

Submitted September 26, 2017**

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

James L. Macklin appeals from the district court’s order denying his motion 

for relief under Fed. R. Civ. P. 60(b). We have jurisdiction under 28 U.S.C.

§ 1291. We review de novo a district court’s order denying a motion to vacate a 

 

* 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). Macklin’s request for oral 

argument, set forth in his opening brief, is denied.

FILED

OCT 4 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 15-16034 

judgment under Fed. R. Civ. P. 60(b)(4). Exp. Group v. Reef Indus., Inc., 54 F.3d 

1466, 1469 (9th Cir. 1995). We affirm.

The district court properly denied Macklin’s motion to vacate its order under 

Fed. R. Civ. P. 60(b)(4) because Macklin failed to demonstrate that the district 

court “lacked jurisdiction, either as to the subject matter of the dispute or over the 

parties to be bound, or acted in a manner inconsistent with due process of law.” 

United States v. Berke, 170 F.3d 882, 883 (9th Cir. 1999).

To the extent Macklin seeks relief from the bankruptcy court’s judgment in a 

separate proceeding, such relief is outside the scope of this appeal. Moreover, the

bankruptcy court entered an order denying Macklin’s request for relief under Fed. 

R. Civ. P. 60(b) and Macklin unsuccessfully appealed that order. See Macklin v. 

Deutsche Bank Nat’l Trust Co., No. 16-15366 (9th Cir. Dec. 14, 2016).

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.
T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N NO. 03-18-00402- CV In re Leon P osada ORI GINAL P ROCEEDI NG F ROM H AY S CO UNTY M E M O R A N D U M O P I N I O N Relator’s pe tition for writ of mandamus is denied. See Tex. R. App. P . 52.8(a) .

J eff Rose, Chief J ustice Be fore Chief J ustice Rose, Jus tices Goodwin a nd Field Filed: June 27, 2018
IN THE UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

WSOU INVESTMENTS LLC,

 Plaintiff 

-vDELL TECHNOLOGIES INC., DELL 

INC., EMC CORPORATION, 

 Defendant 

§

§ 

§ 

§ 

§ 

§ 

§ 

§ 

§

6-20-cv-00480 

6-20-cv-00481 

6-20-cv-00485 

6-20-cv-00486 

ORDER TO PAY TECHNICAL ADVISOR 

The Court previously appointed Dr. Joshua J. Yi to serve as a technical advisor on this 

case. The Court has reviewed Dr. Yi’s invoice for services through today and finds the requested 

amount to be reasonable and necessary. As such, the Court ORDERS payment to be promptly 

made as follows: 

Plaintiff: $17,899.91 

Defendant: $17,899.91 

Dr. Yi will separately provide deposit instructions. 

SIGNED this 27th day of May, 2021. 

ALAN D ALBRIGHT 

UNITED STATES DISTRICT JUDGE 

Case 6:20-cv-00481-ADA Document 101 Filed 05/27/21 Page 1 of 1
<TABLE> <S> <C>
                       
<ARTICLE>          5 
<MULTIPLIER>      1,000
       
<S>                                  <C>                        <C>
<PERIOD-TYPE>                         9-MOS                      9-MOS
<FISCAL-YEAR-END>                     DEC-31-1998                DEC-31-1997
<PERIOD-END>                          SEP-30-1998                SEP-30-1997
<CASH>                                     13,487                0
<SECURITIES>                                    0                0
<RECEIVABLES>                             156,991                0
<ALLOWANCES>                               12,640                0
<INVENTORY>                                83,777                0
<CURRENT-ASSETS>                          244,614                0
<PP&E>                                     84,619                0
<DEPRECIATION>                             50,628                0
<TOTAL-ASSETS>                            395,399                0
<CURRENT-LIABILITIES>                     171,497                0
<BONDS>                                         0                0
<PREFERRED-MANDATORY>                           0                0
<PREFERRED>                                     0                0
<COMMON>                                    3,154                0
<OTHER-SE>                                198,547                0
<TOTAL-LIABILITY-AND-EQUITY>              395,399                0
<SALES>                                   355,559                0
<TOTAL-REVENUES>                          355,559                0
<CGS>                                     190,304                0
<TOTAL-COSTS>                             190,304                0
<OTHER-EXPENSES>                          121,357                0
<LOSS-PROVISION>                            1,494                0
<INTEREST-EXPENSE>                          2,590                0
<INCOME-PRETAX>                            37,900                0
<INCOME-TAX>                               16,346                0
<INCOME-CONTINUING>                        21,554                0
<DISCONTINUED>                                  0                0
<EXTRAORDINARY>                                 0                0
<CHANGES>                                       0                0
<NET-INCOME>                               21,554                0
<EPS-PRIMARY>                                1.32                (1.34)
<EPS-DILUTED>                                1.32                (1.33)
        



<FN>
NOTE* AS PER FASB STATEMENT NO. 128, EARNINGS PER
      SHARE, "PRIMARY" IS NOW "BASIC".



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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
SPECTRUM CONTROL, INC. CONSOLIDATED BALANCE SHEET AT FEBRUARY 28, 1997
AND CONSOLIDATED STATEMENT OF INCOME FOR THE QUARTER ENDED FEBRUARY 28,
1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO ITS FORM 10-Q FOR
THE QUARTER ENDED FEBRUARY 28, 1997.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          NOV-30-1997
<PERIOD-END>                               FEB-28-1997
<CASH>                                             408
<SECURITIES>                                         0
<RECEIVABLES>                                     9439
<ALLOWANCES>                                       382
<INVENTORY>                                      12357
<CURRENT-ASSETS>                                 22223
<PP&E>                                           39303
<DEPRECIATION>                                   23423
<TOTAL-ASSETS>                                   39189
<CURRENT-LIABILITIES>                             8844
<BONDS>                                           4040
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         13755
<OTHER-SE>                                       12222
<TOTAL-LIABILITY-AND-EQUITY>                     39189
<SALES>                                          12712
<TOTAL-REVENUES>                                 12712
<CGS>                                             8998
<TOTAL-COSTS>                                     8998
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 130
<INCOME-PRETAX>                                    908
<INCOME-TAX>                                       254
<INCOME-CONTINUING>                                654
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       654
<EPS-PRIMARY>                                     0.06
<EPS-DILUTED>                                     0.06
        

</TABLE>
U.S. ENVIRONMENTAL PROTECTION AGENCY DELETION DOCKET FOR TAR LAKE SITE MANCELONA, ANTRIM COUNTY, MICHIGAN

ORIGINAL SEPTEMBER 21, 2005 NO. DATE AUTHOR RECIPIENT TITLE/DESCRIPTION PAGES 1 09/21/05 Federal Public Notice of Intent to 2 Register Partially Delete the East Trailing Portion of the Tar Lake Superfund Site from the National Priorities List 2 09/21/05 Federal Public Direct Final Notice of 9 Register Partial Deletion of the East Trailing Area of the Tar Lake Superfund Site from the National Priorities List UPDATE #1 MAY 31 , 2011 1 01/23/88

- U.S. EPA Public Administrative Record 44 06/29/10 Index (Original

– Update #6) for the Tar Lake Site (DOCUMENTS CONTAINED ON THE INDEX ARE INCORPO

RATED BY REFERENCE INTO THE DELETION DOCKET) 2 05/10/11 Wyant, D., Karl, R., Letter re: MDEQ Concur

- 2 MDEQ U.S. EPA rence with the Draft Notice of Intent to Partially Delete and the Partial Deletion Draft for the Tar Lake Superfund Site from the National Priorities List
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION

WSOU INVESTMENTS, LLC D/B/A 

BRAZOS LICENSING AND 

DEVELOPMENT,

Plaintiff,

v. 

MICROSOFT CORPORATION,

Defendant.

§

§

§

§

§

§

§

§

§

§

§

§

§

CIVIL ACTION 6:20-cv-00454-ADA

CIVIL ACTION 6:20-cv-00455-ADA

CIVIL ACTION 6:20-cv-00456-ADA

CIVIL ACTION 6:20-cv-00457-ADA

CIVIL ACTION 6:20-cv-00458-ADA

CIVIL ACTION 6:20-cv-00459-ADA

CIVIL ACTION 6:20-cv-00460-ADA

CIVIL ACTION 6:20-cv-00461-ADA

CIVIL ACTION 6:20-cv-00462-ADA

CIVIL ACTION 6:20-cv-00463-ADA

CIVIL ACTION 6:20-cv-00464-ADA

CIVIL ACTION 6:20-cv-00465-ADA

WSOU’S NOTICE OF COMPLIANCE REGARDING EXCHANGE OF REVISED LIST 

OF TERMS AND CONSTRUCTIONS

TO THE HONORABLE COURT:

Pursuant to the Court’s Version 3.2 of the Court’s Order Governing proceedings entered 

November 5, 2020, and in accordance with the Court’s Scheduling Order, Plaintiff hereby notifies 

the Court Plaintiff has served its revised list of terms and constructions on Defendant Microsoft 

Corporation via electronic mail on December 18, 2020. 

Case 6:20-cv-00461-ADA Document 45 Filed 12/18/20 Page 1 of 2
Date: December 18, 2020 Respectfully submitted,

By: /s/ Mark D. Siegmund_____ 

Mark D. Siegmund

State Bar No. 24117055

mark@waltfairpllc.com

Law Firm of Walt, Fair PLLC.

1508 North Valley Mills Drive 

Waco, Texas 76710

Telephone: (254) 772-6400

Facsimile: (254) 772-6432

Counsel for Plaintiff WSOU Investments, LLC

CERTIFICATE OF SERVICE

A true and correct copy of the foregoing instrument was served or delivered 

electronically via U.S. District Court [LIVE]- Document Filing System, to all counsel of record, 

on this the 18th day of December 2020.

/s/ Mark D. Siegmund

Mark D. Siegmund

Case 6:20-cv-00461-ADA Document 45 Filed 12/18/20 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

WSOU INVESTMENTS, LLC d/b/a BRAZOS 

LICENSING AND DEVELOPMENT,

Plaintiff,

v.

DELL TECHNOLOGIES INC., DELL INC., 

AND EMC CORPORATION, 

Defendants.

Case No. 6:20-cv-00475-ADA

JURY TRIAL DEMANDED

LETTER OF REQUEST FOR FOREIGN DISCOVERY
1

Defendants Dell Technologies Inc., Dell Inc., and EMC Corporation, (collectively 

“Defendants”) seek foreign discovery from third party witnesses residing in Canada. Defendants 

have attached an Appendix with a Letter of Request which includes Document Requests and

Deposition Topics. Defendants respectfully request that the Court execute the Letter of Request

attached as Appendix V. Defendants further request that, after the Court has signed the Letter of 

Request, the Clerk of this Court authenticate the Court’s signature under the seal of this Court, and 

return the original signed and sealed executed Letter, and two certified copies of the signed and 

sealed executed Letter, to Defendants’ counsel, Barry K. Shelton, for delivery to the proper 

authority.

Plaintiff, WSOU Investments, LLC d/b/a Brazos Licensing and Development, indicated 

that it reserves the right to serve its own foreign discovery in the future.

Dated: November 6, 2020 By: /s/ Barry K. Shelton

Barry K. Shelton

Texas State Bar No. 24055029

bshelton@sheltoncoburn.com

SHELTON COBURN LLP

311 RR 620, Ste. 205

Austin, TX 78734-4775 

Telephone: 512.263.2165

Facsimile: 512.263.2166 

Attorneys for Defendants
2

CERTIFICATE OF SERVICE

The undersigned certifies that on November 6, 2020, all counsel of record who are deemed 

to have consented to electronic service are being served with a copy of this document through the 

Court’s CM/ECF system under Local Rule CV-5(b)(1). 

/s/ Barry K. Shelton

Barry K. Shelton
EXHIBIT 32.2

CERTIFICATION PURSUANT TO

18 U.S.C. 1350,

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

In connection with this Quarterly Report of The Colonial BancGroup, Inc. (the Company)
on Form 10-Q for the period ended June 30, 2006, as filed with the Securities and Exchange Commission on the date hereof (the Report) and to which this certification is furnished as an exhibit, I, Sarah H. Moore, the principal
financial officer of the Company, certify pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



|(1) | The Report fully complies with the requirements of section 13(a) 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.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 4, 2006



/s/    SARAH H. MOORESarah H. MooreChief Financial Officer


A signed original of this written statement required by Section 906 has been provided
to The Colonial BancGroup, Inc. and will be retained by The Colonial BancGroup, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
<PAGE>

                                                                    EXHIBIT 31.1

                                  CERTIFICATION

      I, Harold F. Zagunis, Chief Financial Officer and Secretary of Sequoia
Residential Funding, Inc., a Delaware corporation, hereby certify that:

      1. I have reviewed this annual report on Form 10-K/A, and all reports on
Form 8-K containing distribution or servicing reports filed in respect of the
Certificates for periods included in the year covered by this annual report, of
Sequoia Residential Funding, Inc.;

      2. Based on my knowledge, the information in these reports, taken as a
whole, does not contain any untrue statement of a material fact or omit to state
a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading as of the
last day of the period covered by this annual report;

      3. Based on my knowledge, the distribution or servicing information
required to be provided to the trustee by the servicer under the pooling and
servicing agreement, for inclusion in these reports is included in these
reports;

      4. Based on my knowledge and upon the annual compliance statement included
in the report and required to be delivered to the trustee in accordance with the
terms of the pooling and servicing agreement, and except as disclosed in the
reports, the servicer has fulfilled its obligations under the servicing
agreement; and

      5. The reports disclose all significant deficiencies relating to the
servicer's compliance with the minimum servicing standards based upon the report
provided by an independent registered public accounting firm, after conducting a
review in compliance with the Uniform Attestation Program for Mortgage Bankers
or similar procedure, as set forth in the pooling and servicing agreement, that
is included in these reports.

      In giving the certifications above, I have reasonably relied on
information provided to me by the following unaffiliated parties: Morgan Stanley
Dean Witter Credit Corporation, as Servicer, GreenPoint Mortgage Funding, Inc.,
as Servicer, Cendant Mortgage Corporation, as Servicer and Bank of America,
N.A., as Servicer.

Date: December 5, 2005

/s/ Harold F. Zagunis
---------------------------------------------
Signature
Name: Harold F. Zagunis
Title: Chief Financial Officer and Secretary
J 

C 

Parraguirre 

burden of demonstrating that extraordinary relief is warranted. Pan v. 

Eighth Judicial Dist. Court, 120 Nev. 222, 228, 88 P.3d 840, 844 (2004). 

Having considered the petition, answer, and reply, as well as 

the supporting documents submitted therewith, we conclude that 

petitioner has not met its burden of demonstrating that writ relief is 

warranted. See id. Accordingly, we deny the petition. NRAP 21(b)(1); 

Smith, 107 Nev. at 677, 818 P.2d at 851. 

It is so ORDERED. 

Pickering 

gaitta 

cc: Hon. Gloria Sturman, District Judge 

Kung & Brown 

Patrick K. McKnight 

Eighth District Court Clerk 

SUPREME COURT 

OF 

NEVADA 

2 

(0) 1947A
EXHIBIT 32.01

        CERTIFICATION PURSUANT TO RULE 13a-14(b) OR RULE 15d-14(b) OF THE
                        SECURITIES EXCHANGE ACT OF 1934,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In  connection  with  this quarterly report on Form 10-QSB for the quarter ended
April  1,  2006  of  Cytation  Corporation  (the  "Company"),  as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Charles
G.  Masters,  President  and  Chief  Executive  Officer  of the Company, certify
pursuant  to  Rule  13a-14(b) or 15d-14(b) of the Securities and Exchange Act of
1934,  as  adopted  pursuant  to  Section 906 of the Sarbanes-Oxley Act of 2002,
that,  to  the  best  of  my  knowledge:

1.   the Report  fully  complies with the requirements of Section 13(a) or 15(d)
     of  the  Securities  Exchange  Act  of  1934,  as  amended;  and

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


/s/  Charles  G.  Masters
 -------------------------
Charles  G.  Masters
President  and  Chief  Executive  Officer

Date: May 22, 2006


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

<PAGE>
EX-10.11





 Exhibit 10.11 

FIRST AMENDMENT TO PROMISSORY NOTE 
 THIS
FIRST AMENDMENT TO PROMISSORY NOTE (the “Amendment”) is dated as of the 10th day of September, 2021 and is made by and between Phoenix Biotech Acquisition Corp. (the “Maker”) and Phoenix Biotech Sponsor, LLC (the
“Payee”). 
 RECITALS 
  

	A.	 Maker executed that certain Promissory Note dated June 18, 2021 in the principal sum of up to Three
Hundred Thousand dollars ($300,000) (the “Note”). 


  

	B.	 The Note was scheduled to mature on September 30, 2021. 



 

	C.	 Maker and Payee have agreed to make certain amendments to the Note. 



 

	D.	 Unless otherwise set forth herein, all other provisions of the Note shall remain in full force and effect.



  

	E.	 All capitalized terms not defined in this Amendment will have the meanings given to them in the Note.



 In consideration of these promises, the mutual covenants contained in this Amendment and other good and valuable consideration, the
receipt and sufficiency of which are acknowledged, the parties agree as follows: 
 1.    Section 1 of the Note is hereby amended and
restated in its entirety to read as follows: 
 “Principal. The principal balance of this Note shall be
repayable on the earlier of (the “Maturity Date”) (a) the date on which Maker consummates its initial public offering (“IPO”) and (b) December 31, 2021.” 

[SIGNATURES APPEAR ON FOLLOWING PAGE] 












 IN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed as of the
date first above written. 
  

			
	MAKER:
	
	PHOENIX BIOTECH ACQUISITION CORP.
		
	By:	 	/s/ Chris Ehrlich
	Name:	 	Chris Ehrlich
	Title:	 	Chief Executive Officer
	
	PAYEE:
	
	PHOENIX BIOTECH SPONSOR, LLC
		
	By:	 	/s/ Chris Ehrlich
	Name:	 	Chris Ehrlich
	Title:	 	Sole Member


 Signature page to First Amendment to Promissory Note
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 Labor

###### Employment and Training Administration

          - [TA-W-37,973 AND NAFTA-4064]

      ( print page 60686)    
Pursuant to 29 CFR 90.18(C) an application for administrative reconsideration was filed with the Director of the Division of Trade Adjustment Assistance for workers at General Motors Corporation, Desert Proving Ground, Mesa, Arizona. The application contained no new substantial information which would bear importantly on the Department's determination. Therefore, dismissal of the application was issued.

TA-W-37,973 and NAFTA-4064; General Motors Corporation Desert Proving Ground, Mesa, Arizona (October 4, 2000)

Signed at Washington, D.C. this 5th day of October, 2000.

Linda G. Poole,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. 00-26158 Filed 10-11-00; 8:45 am]

BILLING CODE 4510-30-M
<PAGE>

                                  Exhibit 32.2

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
      AS ADOPTED PURSUANT BY SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Larrea BioSciences Corporation, formerly
known as Sonic Media Corp. on Form 10-KSB for the period ending April 30, 2005,
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned, Gary D. Woerz, Chief Financial Officer of the
Company, certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
ss. 906 of the Sarbanes-Oxley Act of 2002, that:

(1) The Report fully complies with the requirements of section 13 (a) or 15 (d)
of the Securities Exchange Act of 1934; and,

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

                                               Date: April 7, 2006

                                               /s/ Gary D. Woerz
                                               --------------------------------
                                               Gary D. Woerz
                                               Chief Financial Officer
                                                and Secretary