alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### James J. BRADDOCK, Plaintiff-Appellant, v. Angelina JOLIE; et al., Defendants-Appellees.

No. 13-55703

United States Court of Appeals, Ninth Circuit.

*319Submitted May 11, 2017 *

Filed May 15, 2017

James J. Braddock, Pro Se

Harrison Dossick, Christine Neuharth, Attorneys, James Christopher Martin, Esquire, Attorney, Reed Smith LLP, Los Angeles, CA, for Defendants-Appellees

Before: GOODWIN, LEAVY, and SILVERMAN, Circuit Judges.

*

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

MEMORANDUM **

James J. Braddock appeals pro se the district court’s judgment on the pleadings in his action under the Copyright Act against Angelina Jolie, GK Films LLC, and FilmDistrict Distribution LLC. Braddock alleges that defendants’ film *In the Land of Blood and Honey*infringed his copyright in the novel *Slamanje Duse.*We have jurisdiction under 28 U.S.C. § 1291. We review de novo, *United States v. Teng Jiao Zhou,*815 F.3d 639, 642 (9th Cir. 2016), and we affirm.

Braddock has waived his contention that the district court erred by basing its ruling on an incorrect English translation of *Sla-manje Duse.*He did not raise this issue before the district court, but rather relied on the same certified translation used by the district court in his opposition to defendants’ motion for judgment on the pleadings. *See Armstrong v. Brown,*768 F.3d 975, 981-82 (9th Cir. 2014).

The district court did not err in concluding that, even assuming Braddock had sufficiently alleged both copyright ownership and defendants’ access to *Slamanje Duse,*he nonetheless could not establish copyright infringement as a matter of law because under the extrinsic test, the novel and the film are not substantially similar. *See Funky Films, Inc. v. Time Warner Entm’t Co., L.P.,*462 F.3d 1072, 1076-77 (9th Cir. 2006) (a claim for copyright infringement requires that the plaintiff show (1) ownership in the copyright and (2) copying of original elements of the work; the second element may be shown by demonstrating “that the defendant had access to the plaintiffs work and that the two works are substantially similar;” “substantial similarity may often be decided as a matter of law” by applying the extrinsic test (citations and internal quotation marks omitted)). Despite some general similarities between the two works, both of which are derived from historical accounts of the Bosnian War, their “plot, themes, dialogue, mood, setting, pace, characters, and sequence of events” are mostly quite different. *Id.*at 1077 (describing elements of the extrinsic test); *see also id.*(“In applying the extrinsic test, this court compares, not the basic plot ideas for stories, but the actual concrete elements that make up the total sequence of events and the relationships between the major characters.” (citation and internal quotation marks omitted)).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
#### ENOVSYS LLC, Plaintiff-Appellant v. AT&T MOBILITY LLC, AT&T Mobility II LLC, Defendants-Cross-Appellants

2016-1691

2016-1767

United States Court of Appeals, Federal Circuit.

March 10, 2017

Bruce G. Chapman, Sheppard, Mullin, Richter &. Hampton LLP, Los Angeles, CA, argued for plaintiff-appellant.

Michael Hawes, Baker Botts, LLP, Houston, TX, argued for defendants-cross-appellants. Also represented by Bryant C. Boren, Jr., Eliot Damon Williams, Palo Alto, CA; Timothy S. Durst, Brian Douglas Johnston, Dallas, TX.

*1026(Dyk, O’Malley, and Wallach, Circuit Judges).

JUDGMENT

Per Curiam

This Cause having been heard and considered, it is Ordered and Adjudged:

AFFIRMED. *See*Fed. Cir. R. 36.
#### Cheryl KELLY Plaintiff-Appellant v. FOUR B. CORPORATION, doing business as Price Chopper; Modern Maintenance, Inc. Defendants-Appellees

No. 16-3852

United States Court of Appeals, Eighth Circuit.

Submitted: July 13, 2017

Filed: July 17, 2017

*463Jason M. Pottenger, Pottenger Law Firm, Kansas City, MO, Sophie Wood-worth, Kansas City, MO, for Plaintiff-Appellant

Robert Luder, Lesley Renfro Willson, Luder & Weist, Overland Park, KS, for Defendant-Appellee Four B. Corporation

Jennifer R. Johnson, Michelle Rene Stewart, Hinkle Law Firm LLC, Overland Park, KS, for Defendant-Appellee Modern Maintenance, Inc.

Before BENTON, BOWMAN, and SHEPHERD, Circuit Judges,

PER CURIAM.

Cheryl Kelly appeals from an order of the District Court granting summary judgment for the defendants in her removed personal-injury action arising out of a slip- and-fall incident at a grocery store. After de novo review of the record, we conclude that the evidence shows a genuine issue of material fact that precluded summary judgment. See Pippin v. Hill-Rom Co., 615 F.3d 886, 889 (8th Cir. 2010) (standard of review). The evidence, which included video surveillance footage of the • incident, would permit a finder of fact to conclude that one or both defendants were negligent under Missouri law. See id. (recognizing the elements of a Missouri negligence claim as a duty of care, a breach of that duty, and a proximately-caused resulting injury); Smith v. Callaway Bank, 359 S.W.3d 545, 547 (Mo. Ct. App. 2012) (“Whether a defendant’s conduct falls short of the standard of care is generally a question of fact for the jury.”).

Accordingly, we reverse the judgment and remand for further proceedings consistent with this opinion.
Court of Appeals of the State of Georgia Clerk's Office, Atlanta, June 01, 2022. I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written. , Clerk. 

# Court of Appeals of the State of Georgia
ATLANTA, June 01, 2022 The Court of Appeals hereby passes the following order A22A1318. DIANNELYS RAMIREZ v. CASEY JOHN MCCLURE.
Upon consideration of the APPELLANT'S motion FOR PERMISSION TO WITHDRAW THE APPEAL in the above styled case, it is ordered that the motion be hereby GRANTED, and jurisdiction is released back to the trial court upon receipt of this order.
DYCK-O'NEAL, INC., Appellant, v. Grigoriy BRUTSKIY, Appellee.

No. 1D17-891

District Court of Appeal of Florida, First District.

June 13, 2018

Susan B. Morrison, of Law Offices of Susan B. Morrison, P.A., and David M. Snyder, of David M. Snyder, and Joshua D. Moore, of Law Offices of Daniel C. Consuegra, Tampa, for Appellant.

David P. Grigaltchik and Boris Galustov, of Grigaltchik & Galustov, P.A., Jacksonville, for Appellee.

Per Curiam.

AFFIRMED . *See**Dyck-O'Neal, Inc., v. Lanham* , 214 So.3d 802 (Fla. 1st DCA 2017) (certifying conflict between this Court's decision *Higgins v. Dyck-O'Neal, Inc.* , 201 So.3d 157 (Fla. 1st DCA 2016), and decisions by the other four district courts of appeal), *review granted* , SC17-975, 2017 WL 4052015 (Fla. Sept. 14, 2017).

B.L. Thomas, C.J., and Lewis and Makar, JJ., concur.
#### Paul E. COPELAND, Jr., Plaintiff-Appellant v. WELLS FARGO BANK, N.A.; Federal National Mortgage Association, also known as Fannie Mae, Defendants-Appellees

No. 17-50414 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed November 1, 2017

Paul E. Copeland, Jr., Pro Se

Susan Allison Kidwell, Benjamin David Lee Foster, Esq., Locke Lord, L.L.P., Austin, TX, Robert Thompson Mowrey, Locke Lord, L.L.P., Dallas, TX, for Defendants-Appellees

Before JOLLY, OWEN, and HAYNES, Circuit Judges.

PER CURIAM: *

Plaintiff-Appellant Paul E. Copeland, Jr. (“Copeland”) sued Wells Fargo Bank (Wells Fargo) and Federal National Mortgage Association alleging breach of contract and wrongful foreclosure relating to a property in Cedar Creek, Bastrop Coun*445ty, Texas (the “Property”), in state court. After removal to federal court, the district court granted summary judgment in favor of both defendants, and Copeland timely appealed. We AFFIRM.

Copeland executed a promissory note payable to Wells Fargo’s predecessor in 2002 that was secured by a deed of trust on the Property. He also executed an escrow waiver agreement under which he was responsible for paying the property taxes on the Property directly rather than via escrow at the bank. Under the agreement, if Copeland failed to pay the taxes when due, Wells Fargo had the right to notify him of same and, ultimately, to pay the taxes itself and impose an escrow process.

Wells Fargo provided uncontroverted evidence that Copeland failed to pay his annual property taxes by the due date of February 1, 2012, that Wellfe Fargo gave him notice of same in April and stated that he should take action by May 15, that Copeland failed to take any action by that date, and that Wells Fargo then paid the taxes and set up an escrow. In turn, Copeland refused to pay the escrow amounts and, ultimately, Wells Fargo foreclosed on the Property a year before Copeland filed this suit.

In order to prove a breach of contract, there must be a violation of the contract causing damages. *Bridgmon v. Array Sys. Corp.,*325 F.3d 572, 577 (5th Cir. 2003). Copeland focuses on the question of whether his taxes were in “default” or merely “delinquent.” As the district eourt carefully explained, Copeland’s failure to timely pay his taxes was a default under the note and deed of trust, regardless of how Bastrop County characterized it, thus authorizing Wells Fargo’s actions. Copeland failed to raise a material issue of fact negating Wells Fargo’s evidence, and his arguments are legally irrelevant. *See Diaz v. Kaplan Higher Educ., L.L.C.,*820 F.3d 172, 176 (5th Cir. 2016) (explaining that the party opposing summary judgment must point to specific evidence that supports the claim and refutes the movant’s evidence). Since his wrongful foreclosure claim is based upon the same arguments, that claim fails as well.

Therefore, for substantially the same reasons set forth in the thorough district court opinion, we AFFIRM.

*

 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.
English Translation of Power of Attorney



 Exhibit 4.24 
 Power of Attorney 
 The shareholders of Beijng Huanxiang
Zongheng Chinese Literature Website Co., Ltd. (“HZ Co.”), Yufeng Chi (ID No.: 110108197109148935), Qi Zhu (ID No.: 110101197208063019) and Yunfan Zhang (ID No.: 510283197902152833) hereby irrevocably authorize Beijing Perfect World
Software Co. Ltd. (Registration No.: 110000410295807) to exercise the following rights within the valid term of this Power of Attorney: 
 To authorize the Authorized to fully and completely represent the Authorizers to exercise all shareholder rights of the Authorizers as Beijng Huanxiang Zongheng Chinese Literature Website Co., Ltd.
(“HZ Co.”)’s shareholders as specified in laws and articles of association, including but not limited to, propose shareholders’ general meetings, receive any notice about the convening and rules of procedure of shareholders’
general meetings, attend HZ Co.’s shareholders’ general meetings and exercise all voting rights (including, as the Authorizers’ authorized representative, designating and appointing HZ Co.’s directors, general manager, chief
financial officer and other senior management members at HZ Co.’s shareholders’ general meetings, deciding upon HZ Co.’s dividend distribution and other issues, etc.), sell or transfer all or part of the Authorizers’ equities in
HZ Co. etc. 







 To further authorize the Authorized to designate any person appointed by its
board of directors to exercise the rights granted by the Authorizers in this Power of Attorney. 
 Unless the
Business Operation Agreement signed by HZ Co. Beijing Perfect World Software Co. Ltd., Yufeng Chi and Qi Zhu is terminated prematurely for whatsoever reason, this Power of Attorney shall be valid from the signing day, which dates back to
July 25, 2011 until Beijing Perfect World Software Co. Ltd. is dissolved in accordance with the laws of the People’s Republic of China. 
 (No text below) 







 (Signature page for the Power of Attorney with no text) 

The Authorizers: 
  

			
	Yufeng Chi
		
	Signature:	 	 /s/ Yufeng Chi

	
	Qi Zhu
		
	Signature:	 	 /s/ Qi Zhu

	
	Yunfan Zhang
		
	Signature:	 	 /s/ Yunfan Zhang


 The Authorized: 

Beijing Perfect World Software Co., Ltd. (seal) 

Authorized Representative (signature): /s/ [Authorized Signatory] 
 7 (month) 25 (day), 2011
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

The undersigned, David K. Spohr, hereby certifies pursuant to 18 U.S.C. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Quarterly Report on Form 10-Q of Futures Strategic Trust for the period April 1, 2009 to June 30, 2009, as filed with the Securities and Exchange Commission on the
date hereof (the Quarterly 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 Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of Registrant.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------------



|                   |  |                                                                                                                                                                                 
|------------------ |  | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|/s/ David K. Spohr
|Name:              |  | David K. Spohr                                                                                                                                                                  
|Title:             |  | Senior Vice President and Director of Fund Administration (Principal Financial/Accounting Officer) Kenmar Preferred Investments Corp., Managing Owner of Futures Strategic Trust

Date: August 11, 2009
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

October 3, 2019

p0926 

# Order

Clerk October 3, 2019

159054

- 5

PAMELA L. TREES,

Plaintiff

- Appellant,

v SC: 159054

COA: 338297

Macomb CC: 2015

- 003623

- NP

PFIZER, INC., PFIZER INTERNATIONAL,

LLC, GREENSTONE, LLC, f/k/a

GREENSTONE LIMITED, and MEIJER, INC.,

Defendants

- Appellees.

_________________________________________/

CAROL BEARUP, BARBARA BEECHAM,

SONYA MENCY, VIOLA MOSES, and

HEATHER MACKS,

Plaintiffs

- Appellants,

v SC: 159055

COA: 340191

Wayne CC: 15

- 013604

- NP

PFIZER, INC., PFIZER INTERNATIONAL,

LLC, GREENSTONE, LLC, f/k/a

GREENSTONE LIMITED, MEIJER , INC.,

and CVS CAREMARK,

Defendants

- Appellees,

and

WAL

- MART STORES, INC., d/b/a SAM’S

CLUB, a/k/a SAM’S EAST, INC., and

DOES 1

- 50.

Defendants.

_________________________________________/

On order of the Court, the application for leave to appeal the December 20, 2018

judgment of the Court of Appeals is considered, and it is DENIED, because we are not

persuaded that the questions presented should be reviewed by this Court.
ACCEPTED 12-14-00143-CR TWELFTH COURT OF APPEALS

TYLER, TEXAS 7/27/2015 12:00:00 AM

CATHY LUSK CLERK
<PAGE>



Exhibit 99.36
<TABLE>
<CAPTION>

<S>                                       <C>  

To Contact Sparta:         Jerry B. Hook, Ph.D.                        Ronald H. Spair
                           Chairman, President & CEO                   Senior Vice President & CFO
                           Sparta Pharmaceuticals, Inc.                Sparta Pharmaceuticals, Inc.
                           (215) 442-1700, Ext. 205                    (215) 442-1700, Ext. 207
</TABLE>



FOR IMMEDIATE RELEASE

                    Sparta Announces Receipt of Nasdaq Notice
                   Related to Continued Listing Requirements
                    Company Evaluates Strategic Alternatives

Horsham, PA, October 7, 1998, Sparta Pharmaceuticals, Inc. (NASDAQ: SPTA, SPTAU,
SPTAW, SPTAZ AND SPTAL) announced today that the Company has been advised by
Nasdaq of its failure to maintain certain continued listing requirements for its
Class A, B, and C Common Stock Warrants and Units (SPTAW, SPTAZ, SPTAL and
SPTAU) which may lead to a delisting. The securities have failed to maintain a
minimum of two active market makers. An active market maker is one who is
registered to trade a security and maintains a continuous, two-sided quotation.
If the securities do not have two active market makers for any ten consecutive
trading days within the period ending October 9, 1998, they will be delisted,
effective with the close of business on October 9, 1998. Additionally, Nasdaq
has notified the Company of its failure to meet the continued listing
requirements based on to the maintenance of a $1.00 minimum bid price for the
Company's Common Stock (SPTA). The Company has until November 30, 1998, to
comply with the $1.00 minimum bid price requirement. If at any time within the
period ending November 30, 1998, the Common Stock reports a closing bid price of
$1.00 or greater for ten consecutive trading days, it will have complied with
the minimum bid price requirement. In the event that the Company fails to meet
the $1.00 minimum bid price within the period ending November 30, 1998, the
Company's securities would likely be removed from the Nasdaq SmallCap Market and
moved to the OTC Bulletin Board.

To evaluate strategic alternatives with respect to enhancing stockholder value,
Sparta has retained an investment bank specializing in the life sciences.

Sparta is a development stage pharmaceutical company engaged in the business of
acquiring rights to, and developing for commercialization, technologies and
drugs for the treatment of a number of life threatening diseases including
cancer, cardiovascular disorders, chronic metabolic diseases and inflammation.
The Company has focused on acquiring compounds that have been previously tested
in humans and animals and technologies that may improve the delivery or
effectiveness of previously tested, and in some cases marketed, drugs. Sparta's
portfolio of compounds in development includes three potential oncology products
and one for the treatment of Type II diabetes in clinical trials and an emerging
platform technology in recombinant and small molecule protease inhibitors.

                                      # # #
<PAGE>

                                                                    EXHIBIT 99.1

                    CERTIFICATION BY CHIEF EXECUTIVE OFFICER

In connection with the periodic report of Connetics Corporation (the "Company")
on Form 10-Q for the period ended September 30, 2002 as filed with the
Securities and Exchange Commission (the "Report"), I, Thomas G. Wiggans,
President and Chief Executive Officer of the Company, hereby certify as of the
date hereof, solely for purposes of Title 18, Chapter 63, Section 1350 of the
United States Code, that to the best of my knowledge:

     (1)  the Report fully complies with the requirements of Section 13(a) or
          15(d), as applicable, 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 at the dates and for the periods indicated.

Date: November 13, 2002


/s/ Thomas G. Wiggans
------------------------------------
Thomas G. Wiggans
President and Chief Executive Officer
henc_ex102.htm














EXHIBIT 10.2


April 26, 2012












Australian-Canadian Oil Royalties Limited


Ely Sakhai


Post Office Box 1629


Cisco, Texas  76437







Re: Transaction Cost Sharing – Terra Nova Farm-Out







Gentlemen:


In connection with Sections 2.1 and 2.4(a) of the Farm-in Agreement among Holloman Energy Corporation (“Holloman”), Eli Sakhai (“Sakhai”), Australian-Canadian Oil Royalties Ltd. (“ACOR”), and Terra Nova Minerals Inc. (“Terra Nova”), dated April __, 2012, (the "Farm-in Agreement"), Terra Nova is obligated to pay Holloman an aggregate cash amount of $350,000 (the “Funds”). Although the Funds are unrestricted, Holloman intends to utilize these proceeds to offset transaction costs related to the pursuit, support and finalization of the Farm-In Agreement (“Transaction Costs”). Without limiting the foregoing, the Transaction Costs are expected to include legal fees, consulting fees, commissions, engineering costs and such other costs as may be incurred for these purposes.







Holloman herewith agrees to provide Sakhai and ACOR a full accounting for its use of the Funds. Holloman further agrees to share with Sakhai and ACOR, any excess of the Funds over the Transaction Costs.  Any excess of the Funds over the Transaction Costs to be shared between Holloman, Sakhai and ACOR in accordance with their Working Interest percentages in PEL 112 and PEL 444 at the date of the execution of the Farm-In Agreement.







Very truly,







/s/  Robert Wesolek







Robert Wesolek


Chief Financial Officer


Holloman Energy Corporation







ACKNOWLEDGED & AGREED this 27th day of April, 2012







Australian-Canadian Oil Royalties Ltd.







By       /s/ Andre Sakhai


_____________________________












Ely Sakhai







/s/ Ely Sakhai


_____________________________














333 N. Sam Houston Parkway East, Suite 600, Houston, Texas 77060