alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### IN RE: Shapat Ahdawan NABAYA, a/k/a Norman Abbott, Petitioner.

No. 17-1694

United States Court of Appeals, Fourth Circuit.

Submitted: June 23, 2017

Decided: July 14, 2017

Shapat Ahdawan Nabaya, Petitioner Pro Se.

Before WILKINSON and SHEDD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Shapat Ahdawan Nabaya petitions for a writ of quo warranto challenging the district court’s authority over criminal charges against him. He also filed several motions seeking to enjoin the district court’s proceedings. We conclude that Na-*198baya is not entitled to quo warranto or injunctive relief.

A private individual lacks standing to institute a quo warranto proceeding. *Newman v. United States ex rel. Frizzell,*238 U.S. 537, 545-46, 35 S.Ct. 881, 59 L.Ed. 1446 (1915). Thus, Nabaya’s petition must be denied. We deny as moot Nabaya’s motion to stay the district court proceedings pending resolution of this petition.

Nabaya has also filed motions challenging the jurisdiction of the district court and seeking an order from this court enjoining or dismissing the district court proceeding. Nabaya has failed to demonstrate any extraordinary circumstances warranting such relief. We therefore deny his motions for injunctive relief.

Accordingly, although we grant leave to proceed in forma pauperis, we deny the petition for writ of quo warranto and deny Nabaya’s motions for a stay and for in-junctive relief. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*PETITION DENIED*
Exhibit 10.34




SECOND ADDENDUM TO LEASE AGREEMENT

This Addendum is entered into on this 31st day of March 2009, by and between Pecten Court Mountain View Associates, LLC herein called Landlord and Notify Technology Corporation herein called Tenant.  This addendum shall amend and modify the existing agreement entered into on February 27, 2009; First Addendum to Lease agreement dated February 22, 2007 and expires March 31, 2009.

Subject lease shall be modified and amended as follows:

1.

This lease addendum is for the lease and use of the premises commonly described as 1054 S. DeAnza Blvd. Ste. 105, San Jose, California.  Rentable area is approximately 2,545 square feet.

2.

Pecten Court Mountain View Associates, LLC shall be the owner and Landlord.  All lease payments shall be made payable to Pecten Court Mountain View Associates, LLC payable at 222 Oak Meadow Drive, Suite A., Los Gatos, California 95032 or place or places designated by Landlord.

3.

This addendum does not supersede any estoppel agreements executed by Lessee and Lessee hereby expressly reaffirms all terms and conditions contained in said estoppel agreements.

4.

The term of this lease addendum will commence April 1, 2009 and expire on September 30, 2009.

5.

The base monthly rent for the use of Suite 105 shall be as follows:

4/1/09 – 9/30/09   $2.30 sq ft

$5,853.50

6.

All terms and conditions contained in the original lease above described not inconsistent with the terms and modifications contained herein are reaffirmed and shall and are made part hereof.

7.

Tenant agrees that Tenant will keep the terms of this Agreement in strictest confidence, and tenant will not disclose, communicate, or advertise the terms of this agreement or any information regarding lease without Landlord’s specific prior written consent in each instance, Tenant acknowledges that breach of this requirement may result in direct and indirect damage to Landlord both with respect to this transaction and other business dealing by Landlord with other parties.

 

LANDLORD

TENANT

Pecten Court Mountain

Notify Technology Corporation

View Associates, LLC

             /s/ Steve Sundeen      

       /s/ Gerald W. Rice            .

BY STEVE SUNDEEN

BY GERALD RICE, CFO

March 31, 2009

March 31, 2009
SWINOMISHTIPSUBMITTALS:VersionsandComponents___________________MostrecentversionSupersededbyamorerecentsubmittal+Addedtoprevioussubmittal(s)Blankcell=NotincludedinsubmittalPartsofSubmittalSubmittalReceived06.28.12SupplementarySubmittalReceived09.24.13SupplementarySubmittalReceived11.18.2013SupplementarySubmittalReceived01.28.14CoverCorrespondenceCoverLetter+CoverEmail+CoverMemorandum+CoverEmailSwinomishTIPSubmittalChecklistSwinomishTIPSubmittalChecklistAppendixVListpage1AppendixVList–page1AppendixVList–page2AppendixVList–page2Resolution2012‐03‐047Resolution2012‐03‐047Ordinance307Ordinance307DOIApprovalLetterwithEffectiveDateDOIApprovalLetterwithEffectiveDateResolution2013‐11‐202Resolution2013‐11‐202ConstitutionandBy‐LawsoftheSwinomishIndianTribalCommunityConstitutionandBy‐LawsoftheSwinomishIndianTribalCommunityTIPPartITIPPartITIP,PartII,SwinomishTribalCode,Title19,Chapter2TIP,PartII,SwinomishTribalCode,Title19,Chapter2PublicNoticesPublicNoticesPublicHearingCertificationPublicHearingCertificationPublicCommentsMemorandumPublicCommentsMemorandumPartsofSubmittalSubmittalReceived06.28.12SupplementarySubmittalReceived09.24.13SupplementarySubmittalReceived11.18.2013SupplementarySubmittalReceived01.28.14EPATASDeterminationEPATASEligibilityDeterminationTASApplicationTASApplicationBoundariesMemorandumBoundariesMemorandumResourcesMemorandumResourcesMemorandumQAPPforAirQualityMonitoringQAPPforAirQualityMonitoring2010OxidantAnalysis2010OxidantAnalysis2007EmissionsInventory2007EmissionsInventory2011AnnualDataSummary2011AnnualDataSummarySwinomishTribalCode,Title19,Chapter4,SubchapterIX‐Hearings,Appeals,ComputationofTimeandLawApplicableSwinomishTribalCode,Title19,Chapter4,SubchapterIX‐Hearings,Appeals,ComputationofTimeandLawApplicableT
Exhibit 34



Consent of GeoSim Services Inc.



We
consent to the inclusion in this annual report on Form 40-F of New Gold Inc., which is being filed with the United States Securities
and Exchange Commission, of references to our name in connection with, and to the use of information derived from, the technical
report entitled “Technical Report on Feasibility Study for the Blackwater Project” effective date January 22, 2014,
included in the Annual Information Form of New Gold Inc. for the financial year ended December 31, 2014 and we consent to the
incorporation by reference of such information in the registration statement on Form S-8 (File No. 333-160500) of New Gold Inc.





Dated
this 27th day of March, 2015



|GeoSim Services Inc.  |                           
|--------------------- | --------------------------
|                      |                           
|/s/ Ronald G. Simpson |                           
|By:                   | Ronald G. Simpson, P. Geo.
|Title:                | President
#### UNITED STATES of America, Plaintiff-Appellee v. Jorge MEZA, Defendant-Appellant

No. 16-41690 Conference Calendar

United States Court of Appeals, Fifth Circuit.

Filed August 18, 2017

Carmen Castillo Mitchell, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee

Jorge Meza, Pro Se

Before JOLLY, HIGGINBOTHAM, and ELROD, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Jorge Meza has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir. 2011). Meza has not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivólous issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.
II 

Calendar No. 617 

118TH CONGRESS 

2D SESSION H. R. 6062 

IN THE SENATE OF THE UNITED STATES 

JULY 9, 2024 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

NOVEMBER 21, 2024 

Reported by Mr. MANCHIN, without amendment 

AN ACT 

To restore the ability of the people of American Samoa 

to approve amendments to the territorial constitution 

based on majority rule in a democratic act of self-determination, as authorized pursuant to an Act of Congress 

delegating administration of Federal territorial law in 

the territory to the President, and to the Secretary of 

the Interior under Executive Order 10264, dated June 

29, 1951, under which the Constitution of American 

Samoa was approved and may be amended without requirement for further congressional action, subject to 

the authority of Congress under the Territorial Clause 

in article IV, section 3, clause 2 of the United States 

Constitution. 


ssavage on LAPJG3WLY3PROD with BILLS
2 

•HR 6062 RS

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

3 SECTION 1. REMOVAL OF RESTRICTION ON AMENDMENTS 

4 TO OR MODIFICATIONS OF THE CONSTITU5 TION OF AMERICAN SAMOA. 

6 Section 12 of Public Law 98–213 (48 U.S.C. 1662a) 

7 is repealed. 


ssavage on LAPJG3WLY3PROD with BILLS

ssavage on LAPJG3WLY3PROD with BILLS
Calendar No. 617 

118TH CONGRESS 

2D SESSION H. R. 6062 

AN ACT 

To restore the ability of the people of American 

tion. section 3, clause 2 of the United States Constitugress under the Territorial Clause in article IV, gressional action, subject to the authority of Conamended without requirement for further conAmerican Samoa was approved and may be June 29, 1951, under which the Constitution of the Interior under Executive Order 10264, dated ritory to the President, and to the Secretary of ministration of Federal territorial law in the terpursuant to an Act of Congress delegating adcratic act of self-determination, as authorized constitution based on majority rule in a demoSamoa to approve amendments to the territorial 

NOVEMBER 21, 2024 

Reported without amendment 


ssavage on LAPJG3WLY3PROD with BILLS
EXHIBIT 21

Subsidiaries of Argonaut Group, Inc.

         Company                                          State of Incorporation
Argonaut Group, Inc.                                                Delaware
Argonaut Management Services, Inc.                                  Delaware
Trident Insurance Services, Inc.                                    Texas
Captive Advisory Services, Inc.                                     Vermont
Argonaut Insurance Company                                          California
Argonaut Midwest Insurance Company                                  Illinois
Argonaut Northwest Insurance Company                                Idaho
Argonaut Southwest Insurance Company                                Louisiana
Georgia Insurance Company                                           Georgia
Argonaut Great Central Insurance Company                            Illinois
Alpha Credit Corporation                                            Illinois
Central Insurance Management, Inc.                                  Illinois
Insurance Agency of Central Illinois                                Ohio
AGI Properties                                                      California
AGI Limited Risk                                                    California
Front Royal, Inc.                                                   Delaware
Colony Management Services, Inc.                                    Virginia
Colony Insurance Company                                            Virginia
Front Royal Insurance Company                                       Ohio
Preferred National Insurance Company                                Virginia
Colony Agency Services, Inc.                                        Virginia
Rockwood Casualty Insurance Company                                 Pennsylvania
Somerset Casualty Insurance Company                                 Pennsylvania
Mid-State Insurance Underwriters, Inc.                              Pennsylvania
Comprehensive Casualty Services, Inc.                               Pennsylvania
Coal Operators Indemnity Company                                    Pennsylvania
1 

Filed 2/19/15 P. v. Caseres CA2/6 

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS 

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication 

or ordered published for purposes of rule 8.1115. 

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA 

SECOND APPELLATE DISTRICT 

DIVISION SIX 

THE PEOPLE, 

 Plaintiff and Respondent, 

v. 

JOSEPH CASERES, 

 Defendant and Appellant. 

2d Crim. No. B254288 

(Super. Ct. No. NA094572-01) 

(Los Angeles County) 

 Joseph Caseres appeals judgment after conviction by jury of second degree 

robbery. (Pen. Code, § 211.)1

 The jury found true allegations that Caseres used and 

discharged a firearm. (§ 12022.53, subds. (b) & (c).) Caseres admitted prior convictions 

for making criminal threats and being a felon in possession of a firearm. (§ 422, former 

§ 12021, subd. (a)(1).) The trial court sentenced him to 36 years in state prison. 

 On December 31, 2012, Caseres took a chain necklace, watch, and earrings 

from Ramiro Suarez. He fired a gun near Suarez’s ankle, grazing it. Suarez’s sister saw 

the incident. She and Suarez recognized and identified Caseres. 

 Before trial, Suarez told a detective he did not want to cooperate because he 

had been threatened. At trial, Suarez said he could not identify the robber because he was 

intoxicated and he focused on the gun. He testified that he was not threatened. After the 

prosecution rested, the trial court denied Caseres’s motion for judgment of acquittal. 

 

1 All statutory references are to the Penal Code unless otherwise stated.
2 

 We appointed counsel to represent Caseres in this appeal. After counsel's 

examination of the record, she filed an opening brief raising no issues. 

 On October 6, 2014, we advised Caseres that he had 30 days within which 

to personally submit any contentions or issues that he wished to raise on appeal. We 

have not received a response. 

 We have reviewed the entire record and are satisfied that Caseres’s attorney 

has fully complied with her responsibilities and that no arguable issue exists. (People v. 

Wende (1979) 25 Cal.3d 436, 441.) 

 The judgment is affirmed. 

 NOT TO BE PUBLISHED. 

 GILBERT, P.J. 

We concur: 

 YEGAN, J. 

 PERREN, J. 
3 

Tomson T. Ong, Judge 

Superior Court County of Los Angeles 

______________________________ 

 Heather E. Shallenberger, under appointment by the Court of Appeal, for 

Defendant and Appellant. 

 No appearance for Plaintiff and Respondent.
Marvin Lee HOUSAND, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-0327

District Court of Appeal of Florida, Second District.

March 16, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
#### UNITED STATES of America, Plaintiff-Appellee v. Carlos BARBOSA, Defendant-Appellant

No. 16-41575 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed October 2, 2017

Jimmy Eric Pardue, Assistant U.S. Attorney, Carmen Castillo Mitchell, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee

James Scott Sullivan, Esq., Law Offices of J. Scott Sullivan, San Antonio, TX, for Defendant-Appellant

Before STEWART, Chief Judge, and ELROD and HIGGINSON, Circuit Judges.

PER CURIAM: *

Carlos Barbosa pleaded guilty to a single count of conspiracy to transport aliens within the United States. He was sentenced to 12 months and one day of imprisonment.

In his only issue on appeal, Barbosa argues that he should have received a mitigating role reduction under U.S.S.G. § 3B1.2. Because he did not raise this issue or object on this basis in the district court, review is limited to plain error. The determination whether a defendant was a minimal or minor participant is a factual issue. *United States v. Gomez-Valle,*828 F.3d 324, 327 (5th Cir. 2016). Barbosa fails to show that the court plainly erred in failing to award a reduction under § 3B1.2.

We take this opportunity also to address the Government’s position on the fourth prong of plain error review. Relying on *United States v. Segura,*747 F.3d 323, 331 (5th Cir. 2014), the Government argues that we should not exercise our discretion to remedy any plain error unless the error “shock[s] the conscience of the common man, serve[s] as a powerful indictment against our system of justice, or seriously call[s] into question the competence or .integrity of the district judge.” But this standard originated from the dissenting opinion in *United States v. Escalante-Reyes,*689 F.3d 415 (5th Cir. 2012) (en banc), and *207was specifically proposed as an alternative to the “far more permissive” standard our court typically applies. *Id.*at 431, 435 (Smith, J., dissenting). Because our rule of orderliness precludes a panel from overruling an earlier opinion of our en banc court absent an intervening change in statutory law or Supreme Court precedent, the proposed shock-the-conscience standard is inapplicable.

The judgment of the district court is AFFIRMED.

*

 Pursuant to '5th Cir. 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 5th Cir. R, 47.5,4.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
The  following  Financial  Data Schedule contains restated standard data for the
Six  Months  Ended  July  5,  1998.
</LEGEND>
<RESTATED>
<MULTIPLIER> 1000

<S>                                     <C>
<PERIOD-TYPE>                           6-MOS
<FISCAL-YEAR-END>                       JAN-05-1999
<PERIOD-START>                          JAN-06-1998
<PERIOD-END>                            JUL-05-1998
<CASH>                                        2018
<SECURITIES>                                     0
<RECEIVABLES>                               132329
<ALLOWANCES>                                   787
<INVENTORY>                                  33941
<CURRENT-ASSETS>                            170571
<PP&E>                                       21108
<DEPRECIATION>                                8562
<TOTAL-ASSETS>                              208676
<CURRENT-LIABILITIES>                       104989
<BONDS>                                          0
<COMMON>                                       115
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<OTHER-SE>                                   99342
<TOTAL-LIABILITY-AND-EQUITY>                208676
<SALES>                                     294041
<TOTAL-REVENUES>                            294041
<CGS>                                       255500
<TOTAL-COSTS>                               255500
<OTHER-EXPENSES>                                 0
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                            1301
<INCOME-PRETAX>                              14737
<INCOME-TAX>                                  5452
<INCOME-CONTINUING>                           9285
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                  9285
<EPS-BASIC>                                  .81
<EPS-DILUTED>                                  .79


</TABLE>
<PAGE>

                                                                    EXHIBIT 21.1


                                  SUBSIDIARIES


COUNTRY OR REGION                     OFFICIAL NAME
-----------------                     -------------

Argentina                             Ariba Argentina
Australia                             Ariba Australia Pty Ltd
Brazil                                Ariba Brazil Limitada
Canada                                Ariba Canada, Inc.
Cayman Islands                        Ariba Holdings, Inc.
Delaware                              Ariba Latin America, Inc.
France                                Ariba France Sarl
Germany                               Ariba Deutschland GmbH
Hong Kong                             Ariba (China) Limited
India                                 Ariba Technologies India Private Limited
Ireland                               Ariba Technologies Ireland Limited
Italy                                 Ariba Italia S.r.l.
Japan                                 Nihon Ariba, K.K.
Korea                                 Ariba Korea, Ltd.
Netherlands                           Ariba Technologies Netherlands B.V.
New Zealand                           Ariba New Zealand
Singapore                             Ariba Singapore Ltd.
Spain                                 Ariba Iberia, S.L.
Sweden                                Ariba Sweden AB
Switzerland                           Ariba Switzerland GmbH/Sarl/Ltd liab Co.
United Kingdom                        Ariba U.K. Limited
Exhibit 32.1

                        CERTIFICATIONS OF PERIODIC REPORT
              PURSUANT TO SECTION 906 OF SARBANES-OXLEY ACT OF 2002


In connection with this annual report on Form 10-K of eOn Communications
Corporation ("Registrant") I, David S. Lee, Chief Executive Officer of
Registrant , certify, 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 this report fairly presents, in all
material respects, the financial condition and results of operations of
Registrant.


Date: October 27, 2004                               /s/ David S. Lee
                                                     -----------------------
                                                         David S. Lee
                                                         Chief Executive Officer

In connection with this annual report on Form 10-K of eOn Communications
Corporation ("Registrant") I, Stephen R. Bowling, Chief Financial Officer of
Registrant, certify, 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 this report fairly presents, in all
material respects, the financial condition and results of operations of
Registrant.


Date: October 27, 2004                               /s/ Stephen R. Bowling
                                                     -----------------------
                                                         Stephen R. Bowling
                                                         Chief Financial Officer