alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 41231 Summary Calendar

EDWARD AVILA ,
P laintiff

–

Appellant , v.
COUNTY OF HILDAGO , TEXAS , Defendant

– Appellee

.

Appeal from t he United States District Court for the Southern District of Texas USDC No. 7:13

- CV

- 17

Before SMITH, WIENER, and ELROD, Circuit Judges

. PER CURIAM: * Edward Avila brought this lawsuit against Hildalgo County alleging multiple employment

- related claims. The magistrate judge’s report and
recommendation recommended the case be dismissed and the district court adopted the report and recommend ation of the magistrate judge and dismissed the case. Avila appealed. Because, after review of the briefs, the record, and

* Pursuant to Fifth Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except u nder the limited circumstances set forth in Fifth Cir. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED July 7, 2015 Lyle W. Cayce Clerk Case: 14-41231 Document: 00513106007 Page: 1 Date Filed: 07/07/2015No. 14

- 41231

2 the relevant case law, we agree with the district court that Av ila fails to state a claim upon which relief can be granted, we AFFIRM. Even under the deferential approach due a pro se litigant, Avila’s claims still fail. 1 As a private citizen, Avila does not have standing to bring criminal
claims a gainst Hildalgo County. See Linda R.S. v. Richard D. , 410 U.S. 614, 619 (1973). Moreover, all of his employment

- related claims are precluded by the applicable statutes of limitations. Further, Avila has not established facts
to show he was terminated or discriminated against as a result of a “policy, custom or practice” of Hildago County, which is required to establish the county’s liability. Juarez v. Aguilar , 666 F.3d 325, 332 (5th Cir. 2011). Combined, Avila’s briefs and pleadings below do not contain “enough factual matter” to state a claim for relief that is “plausible on its face.” Bell Atlantic Corp. v. Twombly , 550 U.S. 544, 556, 570 (2007). The district court granted Avila three extensions of time to respond to Hidalgo County’s motions to
dismis s and to find counsel. He did not do so. The district court’s order dismissing the case is AFFIRMED. 2

1 Hulsey v. Texas , 929 F.2d 168, 170

– 71 (5th Cir. 1991) (discussing how pro se litigants are due leniency by the court).

2 We also DENY Avila’s motion to appoint counsel under the Americans with Disabilities Act. Avila is not entitled to counsel under the Americans with Disabilities Act. See Norman v. Tex. Dep’t of Criminal Justice , 293 F. App’x 285, 290 (5th Cir. 2008) (unpu blished); see also O’Grady v. Zurich Holding Co. of Am ., 12 F. App’x 96, 98 (4th Cir. 2001) (unpublished). Case: 14-41231 Document: 00513106007 Page: 2 Date Filed: 07/07/2015Case: 14-41231 Document: 00513106007 Page: 3 Date Filed: 07/07/2015
#### Kovacs and wife, Appellants, vs. Hoag and others, Defendants: Weber, Respondent.

*January 6*

February *3, 1953.*

*141For the appellants there was a brief and oral argument by *Arnold C. Otto*of Milwaukee.

For the respondent there was a brief and oral argument by *Bernard F. Mathiowetz*of Milwaukee. •

Broadfoot, J.

It is elementary in Wisconsin that agreements may be reformed in a suit in equity where the true intent of the parties is not embodied in the agreement as *142reduced to writing because of some mutual mistake. *La Rosa v. Hess,*258 Wis. 557, 46 N. W. (2d) 737; *Longer v. Stegerwald Lumber Co.*262 Wis. 383, 55 N. W. (2d) 389; *Lentz v. Dostal,*212 Wis. 81, 249 N. W. 174; *Shearer v. Pringle,*203 Wis. 164, 233 N. W. 623.

Robert W. Hoag testified that he drafted the exchange agreement in the absence of the Kovacs but that it was the intention that the owners of the one property were to become the owners of the other and *vice versa.*Had he known that Frank Kovacs was a vendee of the Kovacs property his name would have been included. He was not instructed to leave Frank’s name out of the agreement and subsequent papers, but did not know until later that Frank was a joint tenant.

Frank Kovacs testified that when he talked to Hoag he told him they would like to exchange properties. Hoag did not tell them who owned the Hoag property and he did not ask them who owned the Kovacs property. Frank did not read the agreement, but signed where Mr. Hoag requested him to sign. The agreement was not read to him nor was it explained to him. He did not know he was signing the agreement as a witness but believed he was signing as an owner of the property. He also signed the mortgage as a witness but testified that he did not know he was signing as a witness and thought he was signing as owner.

None of this testimony is denied. It is also uncontradicted that certain adjustments of taxes and insurance were to be made. No mention thereof was included in the exchange agreement. It is apparent, therefore, that the real intent of the parties was not truly represented in the written agreement. Any finding otherwise is contrary to the great weight and clear preponderance of the evidence. The agreement shoüld have been reformed to conform to the intention of the parties. As reformed, the plaintiff is entitled to specific performance thereof. Donna Hoag at the time of the trial was the holder of the record title. The Jensens had divested them*143selves of their interest in the Hoag property by their deed of September 7, 1944.

This is another distressing example of the trouble in which people become involved when they attempt to conduct legal business without the benefit of a lawyer. Even a court of equity cannot make them whole, but it can partially relieve them from their mutual mistakes.

*By the Court.*— Judgment and order reversed and cause remanded for further proceedings consistent with this opinion.
Exhibit 35.1



AMERICAN HONDA FINANCE CORPORATION

ANNUAL COMPLIANCE CERTIFICATE

PURSUANT TO SECTION 3.11(a) OF THE

SALE AND SERVICING AGREEMENT AND

ITEM 1123 OF REGULATION AB



I, Paul C. Honda, do hereby
certify that I am the Vice President and Assistant Secretary of American Honda Finance Corporation, a California corporation (the
"Company"), and further certify on behalf of the Company in its capacity as servicer (the "Servicer" and "Sponsor")
under the Sale and Servicing Agreement (the "Agreement") dated as of July 25, 2012 among the Servicer and Sponsor, American
Honda Receivables LLC, as Seller, and Honda Auto Receivables 2012-3 Owner Trust, as follows:





| | (i) | A review of the activities of the Servicer during the reporting period ended March 31, 2014, and of its performance under the
Agreement has been made under my supervision.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |     |                                                                                                                                                                            

| | (ii) | To the best of my knowledge and information, based upon such review, the Servicer has fulfilled
all its obligations under the Agreement throughout such period in all material respects.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



IN WITNESS WHEREOF, I have hereunto set
my hand this 23rdday of May, 2014.



| | /s/ Paul C. Honda                                   
| | ----------------------------------------------------
| | Paul C. Honda                                       
| | Vice President and Assistant Secretary              
| | (senior officer in charge of the servicing function)
#### PENN v. STATE.

No. 20171.

Court of Criminal Appeals of Texas.

Feb. 15, 1939.

Ruben Loftin, of Wichita Falls, for appellant.

Lloyd W. Davidson, State’s Atty., of Austin, for the State.

CHRISTIAN, Judge..

The offense is driving an automobile on a public road while intoxicated; the punishment, a fine of fifty dollars and confinement in jail for five days.

The record is before us without a statement of facts or bills of exception. No question is presented for review.

The judgment is affirmed.

PER CURIAM.

■ The foregoing opinion of the Commission of Appeals has been examined by the Judges of the Court of Criminal Appeals and approved by the Court.
EXHIBIT 32.1

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

In connection with the Quarterly Report of Purden Lake Resource Corp. (the
"Company") on Form 10-Q for the period ending September 30, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Lisa Lopomo, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss.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.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
7th day of November, 2008.


/s/ Lisa Lopomo
-------------------------------
Chief Executive Officer
##### 



CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and(2)
    
    The information contained in the Report fairly represents, in all material
respects, the financial condition and results of operations of the Company.
 Date:  July 20, 2007
    /s/   DON R. MADISONDon R. MadisonExecutive Vice President
Chief Financial and Administrative Officer 30
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EX-10.11(c)





 EXHIBIT 10.11(c) 
 August 8, 2014 
 Morgan Stanley Smith Barney LLC 

522 Fifth Avenue, 13th Floor 
 New York, New York
10036 
  

	Re:	Ceres Managed Futures LLC: Amended Schedules 1 and 2 to the Alternative 


	  	Investment Selling Agent Agreement 


Ladies and Gentlemen: 
 Pursuant
to paragraph 13(c) of the Alternative Investment Selling Agent Agreement dated November 12, 2013, as amended on March 1, 2014; April 7, 2014 and as further amended from time to time (the “Agreement”), between, among
others, Ceres Managed Futures LLC (“CMF”), the general partner of each of the limited partnerships listed on Schedule 1 thereto (each, a “Partnership,” and together, the “Partnerships”), and Morgan Stanley Smith
Barney LLC (“MSSB”), CMF is hereby confirming that Schedules 1 and 2 to the Agreement are hereby deleted in their entirety and replaced with Schedules 1 and 2 attached hereto effective as of October 1, 2014. 

Notwithstanding anything to the contrary in the Agreement, by signing below MSSB hereby agrees to, acknowledges and accepts the amendment
of the Agreement, effective as of October 1, 2014. 












  Page
 2
 
  
 If
the foregoing is in accordance with your understanding of our discussions, kindly sign and return to us a counterpart hereof (by mail, facsimile or email) as soon as possible. 

 

			
	Sincerely,
	
	  CERES MANAGED FUTURES LLC
		
	  By:	 	 /s/ Alper Daglioglu

		 	Alper Daglioglu
		 	President and Director
	
	  EACH PARTNERSHIP LISTED ON
	  SCHEDULE 1 HERETO
	
	   By: Ceres Managed Futures LLC, the
   general partner of each Partnership

		
	  By:	 	 /s/ Alper Daglioglu

		 	Alper Daglioglu
		 	President and Director


  

			
	Confirmed, accepted and agreed to:
	
	MORGAN STANLEY SMITH BARNEY LLC
		
	By:	 	 /s/ Jeremy Beal

	Name:	 	Jeremy Beal
	Title:	 	Executive Director













  Page
 3
 
  

SCHEDULE 1 
  

					
	 PARTNERSHIP
	  	 STATE AND DATE OF

ORGANIZATION
	  	 EFFECTIVE DATE

	Tactical Diversified Futures Fund L.P.	  	New York; December 3, 2002	  	October 1, 2013













  Page
 4
 
  

SCHEDULE 2 
  

			
	 PARTNERSHIP
	  	 ONGOING SELLING AGENT FEE

	Tactical Diversified Futures Fund L.P.	  	2.00% per year of the adjusted net assets of the Partnership (computed monthly by multiplying the adjusted net assets of the Partnership by 2.00% and dividing the result thereof
by 12)1

  

	1 	Adjusted net assets are month-end Net Assets increased by the current month’s management fee, ongoing selling agent fee, incentive fee accrual and other expenses
and any redemptions or distributions as of the end of such month.
EXHIBIT 32.1
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    the Report fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934, and
 (2)
    
    the information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Partnership.
 By: 
Name:
    
    /s/ Freddie M. Kotek

Freddie M. KotekTitle:
    
    Chief Executive Officer of the Managing General PartnerDate:
    
    August 15, 2011
EXHIBIT 32.1





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Quarterly Report of Atlas Resources Public 17-2007 (A) L.P. (the "Partnership") on Form 10-Q for the period ended June 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Freddie M. Kotek, Chief Executive Officer of the Managing General Partner,
certify, pursuant to 18 U.S.C. Section 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) or 15(d) of the Securities Exchange Act of 1934, and


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





By:
/s/ Freddie M. KotekName:
Freddie M. KotekTitle:
Chief Executive Officer of the Managing General PartnerDate:
August 13, 2009
# EUR-Lex - 32011M6111 - EN

Important legal notice

*|*

# 32011M6111

**Commission Decision of 14/02/2011 declaring a concentration to be compatible with the common market (Case No COMP/M.6111 - HUANENG / OTPPB / INTERGEN) according to Council Regulation (EC) No 139/2004 (Only the English text is authentic) **

*

*

|EUROPEAN COMMISSION |

Brussels , 11.2.2011

SG-Greffe(2011) D/2158/2159

C(2011) 963 final

PUBLIC VERSION

MERGER PROCEDURE ARTICLE 6(1)(b) DECISION

SIMPLIFIED PROCEDURE

To the notifying parties

Dear Madam(s) and/or Sir(s),

Subject: Case No COMP/M.6111 - HUANENG/ OTPPB/ INTERGEN Notification of 10.01.2011 pursuant to Article 4 of Council Regulation (EC) No 139/2004 [1] Publication in the Official Journal of the European Union No C 014, 18.01.2011, p.10

1. On 10.01.2011, the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which China Huaneng Group ("Huaneng", China) and Ontario Teachers Pension Plan Board ("OTPPB", Canada) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of InterGen N.V. (“InterGen”, The Netherlands), currently controlled by GMR Infrastructure ("GMR", Malta) and OTPPB, by way of purchase of shares.

2. The business activities of the undertakings concerned are:

- for Huaneng: electricity power generation.

- for OTPPB: management of pension fund assets.

- for InterGen: development and operation of electricity generation facilities.

3. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5(b) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 [2] .

4. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1)(b) of the Merger Regulation.

For the Commission (Signed)

Alexander ITALIANER Director General

[1]OJ L 24, 29.1.2004, p. 1 ("the Merger Regulation"). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ("TFEU") has introduced certain changes, such as the replacement of "Community" by "Union" and "common market" by "internal market". The terminology of the TFEU will be used throughout this decision.

[2] OJ C 56, 5.3.2005, p. 32.
##### 



Exhibit 99.1
 Repros Presentation to Be Webcast from The 10 th Annual Bio/CEO and Investor
Conference 2008
 The Woodlands, TX  February 8, 2008  th
 http://www.reprosrx.com
 About Repros Therapeutics Inc.
  ®




---



##### 



Any statements that are not historical facts contained in this release are forward-looking
statements that involve risks and uncertainties, including Repros ability to have success in the
clinical development of its technologies, the timing of enrollment and release of data in such
clinical studies and the accuracy of such studies, limited patient populations of clinical studies
to date and the possibility that final data may not be consistent with interim data, Repros
ability to raise additional capital in a timely manner and on acceptable terms or at all and such
other risks which are identified in the Companys Annual Report on Form 10-K for the year ended
December 31, 2006 and Repros Quarterly Reports on Form 10-Q for the quarters ended March 31, June
30, and September 30, 2007, as they may be updated by the Companys Exchange Act filings from time
to time. These documents are available on request from Repros Therapeutics or at www.sec.gov.
Repros disclaims any intention or obligation to update or revise any forward-looking statements,
whether as a result of new information, future events or otherwise.
  Contacts:
    
    Joseph Podolski
President & CEO
Repros Therapeutics Inc.
281-719-3447
EXHIBIT 32.2
 CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of the
Securities Exchange Act of 1934, and
 (2)
    
    The information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Partnership.
 By:
    
    /s/ MATTHEW A. JONESName:
    
    Matthew A. JonesTitle:
    
    Chief Financial Officer of the Managing General PartnerDate:
    
    August 16, 2010
Exhibit 31.1

CERTIFICATION

I, Jason Kulas, certify that:

1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this
report on Form 10-K of Santander Drive Auto Receivables Trust 2012-6 (the Exchange Act periodic reports);

2. Based
on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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 with respect to the period covered by this report;

3. Based on my knowledge, all of the
distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;

4. I am responsible for reviewing the activities performed by the servicer and based on my knowledge and the compliance review conducted in preparing the servicer compliance statement required in
this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing agreement in all material respects; and

5. All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation
reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an
exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.

In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties: U.S.
Bank National Association.



/s/ Jason KulasName:

Jason KulasTitle:

Chief Financial OfficerDate:

March 29, 2013