alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

SUSAN V. KLAT,

 Plaintiff - Appellant,

 v.

MITCHELL REPAIR INFORMATION

COMPANY, LLC; SNAP-ON

INCORPORATED,

 Defendants - Appellees.

No. 11-55717

D.C. No. 3:10-cv-00100-JM-CAB

MEMORANDUM*

Appeal from the United States District Court

for the Southern District of California

Jeffrey T. Miller, District Judge, Presiding

Submitted June 10, 2013** 

Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.

Susan V. Klat appeals pro se from the district court’s summary judgment in

her employment action alleging retaliatory discharge in violation of Title VII. We

have jurisdiction under 28 U.S.C. § 1291. We review de novo, Vasquez v. County

FILED

JUN 17 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-55717

of Los Angeles, 349 F.3d 634, 639 (9th Cir. 2004), and we affirm.

The district court properly granted summary judgment because Klat failed to

raise a genuine dispute of material fact as to the first element of her prima facie

case of retaliation, that is, whether she was engaged in a protected activity under

Title VII at the time of her termination. See id. at 646 (setting forth elements of a

prima facie case of retaliation under Title VII); Learned v. Bellevue, 860 F.2d 928,

932-33 (9th Cir. 1988) (to survive summary judgment, employee must raise a

triable dispute that, at the time of termination, her “opposition” to or

“participation” in certain conduct was reasonably perceived to fall within the

protection of Title VII).

The district court did not abuse its discretion in denying Klat’s motion for

disqualification because Klat failed to establish that the judge’s impartiality might

reasonably be questioned. See Pesnell v. Arsenault, 543 F.3d 1038, 1043 (9th Cir.

2008) (setting forth standard of review over disqualification motions and grounds

for recusal under 28 U.S.C. §§ 144 and 455(a)).

Klat’s contentions regarding the district court’s alleged failure to review the

entire record are unpersuasive.

AFFIRMED.
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



In connection with the Quarterly Report
of Lattice, Inc. (the “Company”) on Form 10-Q for the period ended June 30, 2013 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Joe Noto, Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. section 1350 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 Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|Date: August  14,
    2013 | By: | /s/ Joe Noto                                                           
|-------------------------- | --- | -----------------------------------------------------------------------
|                           |     | Joe Noto
        Chief Financial Officer (principal accounting officer)
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-END>                               SEP-29-1997
<CASH>                                             691
<SECURITIES>                                         0
<RECEIVABLES>                                    5,326
<ALLOWANCES>                                   (2,401)
<INVENTORY>                                      1,593
<CURRENT-ASSETS>                                 6,986
<PP&E>                                             730
<DEPRECIATION>                                   (127)
<TOTAL-ASSETS>                                   8,496
<CURRENT-LIABILITIES>                            7,356
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      7,215
<COMMON>                                           123
<OTHER-SE>                                     (7,596)
<TOTAL-LIABILITY-AND-EQUITY>                     8,496
<SALES>                                          9,969
<TOTAL-REVENUES>                                 9,969
<CGS>                                           12,931
<TOTAL-COSTS>                                   12,931
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 1,814
<INTEREST-EXPENSE>                                  15
<INCOME-PRETAX>                               (14,642)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (14,642)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (14,642)
<EPS-PRIMARY>                                   (1.58)
<EPS-DILUTED>                                   (1.33)
        

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

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                       2,605,486
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,605,486
<PP&E>                                       5,892,216
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               8,497,702
<CURRENT-LIABILITIES>                          132,790
<BONDS>                                      1,369,577
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   6,995,335
<TOTAL-LIABILITY-AND-EQUITY>                 8,497,702
<SALES>                                      1,316,005
<TOTAL-REVENUES>                             9,098,258
<CGS>                                          216,377
<TOTAL-COSTS>                                  216,377
<OTHER-EXPENSES>                               497,491
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              8,384,390
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          8,384,390
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 8,384,390
<EPS-PRIMARY>                                   170.13
<EPS-DILUTED>                                   170.13
        

</TABLE>
an) . ey .

“" MAY 28 1958

SUBJECT: RAND Recommendation on S 117 Progrem ',
TO: «. Commander 7"
Air Research’ ard Development Command
ATTN: RDOB .
P.O. Box. 1395 . : :
Baltimore 3, Maryland . . -

1, USAF letter, Subject: RAND Recommendation on 4S 117L
Program of May 1956 with Air Research and Development Coomand
let Indersemont of 12 May 1956 has. been forwarded to this Activity
requesting Western Development Division findings relative to the
recent RAND proposal for establishing an early WS 1171 capability. ©

je Several coments oan be made, however, which form the bosis
for @ somewhat cautious attitude on the part of this Camand.

a. AWS LI7L capability meeting the time scales envisioned
in the RAND report cannot be met without accepting a greater inter-
ference with the WS 107A Program than would result froa the Procran

the 2 May 1956 Flan, regardless of. the means used. to
the information to the ground. :

"by Tha tine Tequired to develop the data recovery aysten -
depends partiy on the tine avatlable for ground developnent prior

to-firet flight, and partly on the difficulty of the problem. tate
- booster availability would tend to favor more sophisticated date



4. The RAND to « certain extent, represents dead-end oe
development which vill be of’ lintted usefulness.” 4

he Wen Headquertere USAF hes taken action on the WS 1171 Develop=
nent. Plan, and indicated in perticular, the required availability date

cette at
<PAGE>
 
                                                                      EXHIBIT 23


                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

    As independent public accountants, we hereby consent to the incorporation of
our report included in this Form 10-K, into the Company's previously filed
Registration Statement File Nos. 33-99724, 33-87432, 33-50244, 33-93198, 
333-11913, 333-30179 and 333-57319.


                                  /s/ Arthur Andersen LLP
                                  -----------------------
                                  ARTHUR ANDERSEN LLP


Boston, Massachusetts
March 31, 1999
<PAGE>

                                                                   Exhibit 23.02

                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the use in the Prospectus constituting part of this
Amendment No. 3 to the Registration Statement on Form S-1 of our report dated
May 26, 1999, except as to the stock dividend described in Note 8 which is as of
July 21, 1999, relating to the financial statements and financial statement
schedule of DSL.net, Inc., which appear in such Prospectus.  We also consent to
the references to us under the headings "Experts" and "Selected Financial Data"
in such Prospectus.

/s/ PricewaterhouseCoopers LLP
Hartford, Connecticut
August 27, 1999
99-777.

#### State v. Sleppy.

Darke App. No. 96CA1412. Reported at 86 Ohio St.3d 1403, 711 N.E.2d 231. On motion for reconsideration. Motion denied.

Moyer, C.J., dissents.
SECOND AMENDING AGREEMENT



THIS AGREEMENT is made as of the 1st day of March, 2005.

BETWEEN:

BHP BILLITON WORLD EXPLORATION INC., a company incorporated under the laws of Canada, having an office at 2300  1111 West Georgia Street, Vancouver, British Columbia, V6E 4M3



(referred to herein as BBWEI)

OF THE FIRST PART

AND:

ALMADEN MINERALS LTD., a company organized by amalgamation under the laws of the Province of British Columbia, having an office at Suite 1103  750 West Pender Street, Vancouver, British Columbia, V6C 2T8



(referred to herein as AML)

OF THE SECOND PART

WHEREAS:



A.

AML and BBWEI are parties to an agreement dated May 9, 2002 and amended January 20, 2005 (the Agreement); and



B.

AML and BBWEI have agreed to amend the Agreement as set out herein.



NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the premises and of the mutual covenants and undertakings hereinafter contained, the parties hereto have agreed and do hereby agree as follows:



1.

All capitalized terms as set out in this second amendment to the Agreement (the Second Amending Agreement) shall have the same meaning as ascribed to such terms in the Agreement.



2.

Subsection 1.1(s) of the Agreement is hereby deleted in its entirety and replaced with the following:



---



2



(s)

Second Option means an exclusive and irrevocable option to be granted by AML to BBWEI under the Joint Venture Agreement, pursuant to which BBWEI may increase its interest in a Project Area from an undivided fifty-one percent (51%) to an undivided seventy percent (70%) by incurring the lesser of:



(i)

all Expenditures required to complete a Feasibility Study on the Project Area; or



(ii)

aggregate Expenditures of $25 million on the Project Area;



3.

Section 4.2 of the Agreement is hereby deleted in its entirety and replaced with the following:



4.2

The First Option in respect to a Project Area, shall be exercised upon BBWEI incurring an aggregate $750,000 in Expenditures on that specific Project Area on or before the seventh (7th) anniversary date of this Agreement.  A minimum Expenditure of $250,000 shall be incurred on each Project Area on or before the fifth (5th) anniversary date of this Agreement.



4.

Except for the amendments as provided for in this Second Amending Agreement, which are hereby deemed to be merged with the Agreement, the terms and conditions of the Agreement shall remain in full force and effect.



5.

This Second Amending Agreement may be signed by the parties in counterparts and may be delivered by facsimile, each of which when delivered will be deemed to be an original and all of which together will constitute one instrument.





IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written.



BHP BILLITON DIAMONDS INC.





By:

/s/Ioannis Tsitos

Name:

Ioannis Tsitos

Title:

Manager, Business Development







ALMADEN MINERALS LTD.





By:

/s/ Morgan Poliquin

Name:

Morgan Poliquin

Title:

Director



Second Amendment (Almaden)
/ 

-· 

I I 

I 

USCIB: 13.5/69 

25 May 1954 

MEMORANDUM FOR THE Ml!XBERS OF USCIB: 

Subject: 

Reference: 

Revelation of Cryptanalytic Cooperation Between the 

U.S. and the U.K. prior to the Pearl Harbor Attack. 

USCIB 13.5~ dated 20 April 1954. 

1. Enclosure 1 is a request from the Chairman, LSIB to the 

Chairman, USCIB for U.S. views and cormnent on the revelation made in 

RADM Theobald 1 s book "The Final Secret of Pearl Harbor• that we had 

supplied the U.K. with a copy of the Purple ma.chine. LSIB are 

apparently unaware of the fact that cryptanalytic cooperation between 

the U.S. and the U.K. before we became allies was made a matter of 

public record by the Pearl Harbor investigation. For the information 

of the members of USCIB, this record has been checked.at the Library 

of Congress by the Executive Secretariat. 

2. Enclosure 2 is a proposed reply to the message contained in 

enclosure 1. 

3. The members are requested to execute the attached vote sheet 

on enclosure 2 hereto and return it to this office prior to 1700, 

Friday, 4 June 1954. 

Eh closures 

l. MOP.3993 dtd 18th May 1954. 

2. DRAFT reply to Chainnan, I.SIB. 

USCIB: 13. 5/69 

tain, • • Navy 

ecutive Secretary, USCIB 

SECRET 

Declassified and approved for release by NSA on 04-08-2014 pursuant to E. 0. 1352B 

24
steam

_ record - Re: Request for partial extension of the ICR deadline

Greetings,

This e-mail is a confirmation that your exte nsion request for the steam electric effluent guidelines questionnaire was received. Extension requests will be evaluated on a case-by-case

basis. Please be aware that submittal of an ex tension request to EPA does not alter the due date of your questionnaire unless and until EPA agre es to the extension and establishes a new date.

Sincerely,

-----"Johnson, Linden Printz" <lpjohnson@tva.gov> wrote: -----

To: Jezebele Alicea/DC/USEPA/US@EPA

From: "Johnson, Linden Pr intz" <lpjohnson@tva.gov>

Date: 06/23/2010 03:31PM

cc: "Johnson, Linden Prin tz" <lpjohnson@tva.gov> From: <Alicea.Jezebele @ epamail.epa. g ov>
To: "Johnson, Linden Printz" <lpjohnson@tva.gov>

Date: 6/28/2010 3:03 PM

Sub j ect: Re: Request for partial extension of the ICR deadline

CC: <steam

_ record @ er g .com>, < j ordan.ronald @ epa. g ov> Pa g e 1 of 2

2/23/2011 file://C:\Documents and Settin g s\TMedle y \Local Settin g s\Tem p \XP g r p wise\4C28B9C4D

...Subject: Request for partial ex tension of the ICR deadline



### Dear Ms. Jezebele,

Please consider this request for an extension of the ICR deadline for certain TVA

facilities. I appreciate your assistance on this and look forward to your response. If

you have any questions about our request, please do not hesitate to contact me.

Sincerely,

Lindy Johnson

Lindy Johnson, Manager

Water Permits and Compliance

1101 Market Street, LP 5D

Chattanooga, TN 37402

lpjohnson@tva.gov

(423) 751-3361 office

(423) 751-7011 fax

[ attachment "ICR extension request.pdf" removed by Jezebele Alicea/DC/USEPA/US] Pa g e 2 of 2

2/23/2011 file://C:\Documents and Settin g s\TMedle y \Local Settin g s\Tem p \XP g r p wise\4C28B9C4D

...
UBCIB: 1.3/301 

6eHPIBlttfttii = 859U§'.f!A..~_m.§! 

MEMORANDUM FOR THE MSKBERS OF USOIB: ----- . -.~--- 1--

7 Januar.r l9S3 

Subject: Indoctrinatim tor COMINT. 

The enclosure is .torwarded tor intormation at the 

DDS~-­

c/s ~ 

PIP~ 

24 

request of the momber representing the Department ot state. 

fH"":Ql:-JoNES ~~ 

Acting Executive Secretar;r, USCIB 

Enclosure - l 

State Dept. Memo tor Actg. Exec. S9C7., USCIB, above 

subject, 30 Dec S2. 

USCIBt 13/''JOl 

Declassified and approved for release by NSA on 04-02-2014 pursuant to E.O. 1352e 

CONFIDENTIAL 
9iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii=-"=~-- -

,, 

, 

SPECIAL .ASSIST.ANT TO THE smmARY OF STATE 

WASHINGTON 

30 December 19S2 

I 

ee~fitia SIGUHHI ~fAHe?f 

M.tiJIDIUNJllJM FOR THE ACTING EIJOOU!IVE SEOIU:TAR!', USCIB 

SUBJ'EO'?s Indoctrination for CaaNT. ( ... 

At the riaquest ot the Secreliarr ot state the COMINT 

clearance ot Mr. John Foater Dullea was reactivated an 

26 December 1952. Mr. Dull~ previousq been indoctrinated and cleared as a Dept'; t ot state COON? recipient 

tram 18 Mq 1951 to rl April ~52. 

It ia requested thet.- P,rnding Hr. Dull•' assumptica ot 

the duties ot tho Socretar,r ·fl State, a record ot this clearance be maintained in ;your ~ice. It is requested turthel" 

that the members ot USOIB be· 11ot.Uied. ot this act.icn. 

' 

/•/ w. Park Armstrong, Jr. r W. Park Arrntrcmg, Jr. 

r-. 

-

-;-;-

:&lolosure with USCIB l.3/301 c\tocl 7 Janua:r:r 195.3· 

\ 

-

\1 • 

J 

CONFIDENTIAL 

•
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.                  

###### Securities and Exchange Commission

          - [File No. 500-1]

It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Innovative Software Technologies, Inc. because it has not filed any periodic reports since the period ended March 31, 2010. 

It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of National Health Partners, Inc. because it has not filed any periodic reports since the period ended September 30, 2012.

It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of The Laguna Group, Inc. (a/k/a Eco Energy Pumps, Inc.) because it has not filed any periodic reports since the period ended April 30, 2011.

It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of TYIN Group Holdings Limited because it has not filed any periodic reports since the period ended December 31, 2012.

The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the above-listed companies. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the securities of the above-listed companies is suspended for the period from 9:30 a.m. EST on February 20, 2015, through 11:59 p.m. EST on March 5, 2015.

By the Commission.

Jill M. Peterson,

Assistant Secretary.

[FR Doc. 2015-03872 Filed 2-24-15; 8:45 am]

BILLING CODE 8011-01-P
##### 



Exhibit 13.2

CERTIFICATION OF PERIODIC FINANCIAL REPORT
Pursuant to 18 U.S.C. Section 1350

In connection with the Annual Report of CLP Power Hong Kong Limited (the
Company) on Form 20-F for the year ended December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I,
Richard K. Lancaster, Commercial Director of the Company, hereby certify,
pursuant to 18 U.S.C.§ 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge, 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
Company.

|                     |  |     |                                                                                   
|-------------------- |  | --- | ----------------------------------------------------------------------------------
|Date : June 20, 2003 |  | By: | /s/ Richard K. Lancaster

        Richard K. Lancaster
        Commercial Director



|* |  | A signed original of this written
statement required by Section 906 of the Sarbanes-Oxley Act of
2002 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.
|- |  | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------