alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Juventino RODARTE, Plaintiff-Appellant, v. ALAMEDA COUNTY, a public entity; et al., Defendants-Appellees.

No. 15-17126

United States Court of Appeals, Ninth Circuit.

Submitted April 18, 2017 * San Francisco, California

Filed April 24, 2017

*555Daniel M. Siegel, Siegel & Yee, Oakland, CA, for Plaintiff-Appellant

Gregory Brian Thomas, Attorney, Boor-nazian, Jensen & Garthe Suite 1800, Oakland, CA, for Defendants-Appellees

Before: D.W. NELSON and IKUTA, Circuit Judges, and BURGESS,** Chief District Judge.

*

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

**

 The Honorable Timothy M. Burgess, United States Chief District Judge for the District of Alaska, sitting by designation.

MEMORANDUM ***

Juventino Rodarte (“Rodarte”) appeals the district court’s order granting summary judgment in favor of Appellees in his 42 U.S.C. § 1983 action alleging excessive force. We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Because the parties are familiar with the facts, we do not recount them here.

The district court properly granted summary judgment in favor of Appellees because Rodarte failed to raise a genuine dispute of material fact as to whether the Deputy Sheriffs’ use of a police canine to effectuate Rodarte’s arrest was objectively reasonable under the circumstances. *See Long v. City & Cty. of Honolulu,*511 F.3d 901, 905 (9th Cir. 2007).

The district court also properly granted summary judgment on the Deputy Sheriffs’ qualified immunity defense because their conduct did not violate Rodarte’s clearly established right to be free from the use of excessive force during an arrest. *See Green v. City & County of San Francisco,*751 F.3d 1039, 1051-52 (9th Cir. 2014) (“[A]n officer will be denied qualified immunity in a § 1983 action only if (1) the facts alleged, taken in the light most favorable to the party asserting injury, show that the officer’s conduct violated a constitutional right, and (2) the right at issue was clearly established at the time of the incident such that a reasonable officer would have understood her conduct to be unlawful in that situation.”) (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
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 Power of the Dream Ventures, Inc. (the
“Company”) on Form 10-KSB for the fiscal year ending December 31, 2007 as filed
with the Securities and Exchange Commission on the date hereof (the “Report”),
I, Viktor Rozsnyay, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to
§906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:





(1)
            the
      Annual Report on Form 10-KSB of the Company for the fiscal year ended
      December 31, 2007 (the “Report”) fully complies with the requirements of
      Section 13 (a) or 15 (d) of the Securities Exchange Act of 1934 (15 U.S.C.
      78m or 78o(d)); 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/
      Viktor RozsnyayViktor
      RozsnyayTitle:    President
      & Chief Executive Officer





This
certification accompanies this Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Company for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended. A
signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version 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.
#### Jacob S. Jackson, Appellant, *v.*Grace Sheridan et al., Respondents.

Argued April 29, 1872;

decided November 12, 1872.)

This case was argued with *House*v. *Jackson (ante,*p. 161). It had reference to the same title and presented the same questions as were considered and disposed of in *Moore*v. *Liitel*(41 N. Y., 66), and was decided upon the authority of that case.

*E. P. Wheeler*and *F. J. Fithia/n*for the appellant.

*D. P. Barnard*for the respondents.

Peckham, J.,

reads for affirmance.

All concur.

Judgment affirmed.
EXHIBIT
32.1





CERTIFICATIONS
PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002


(18
U.S.C. SECTION 1350)





Pursuant
to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
section 1350, chapter 63 of title 18, United States Code), the undersigned
officer of Blink Couture, Inc., a Delaware corporation (the "Company"), does
hereby certify, to such officer's knowledge, that:





The
annual report on Form 10-K for the fiscal year ended July 31, 2009 (the "Form
10-K") of the Company fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, and the information contained in
the Form 10-K fairly presents, in all material respects, the financial condition
and results of operations of the Company.





Date:
October 22  2009





/s/ Thomas W. ColliganThomas
      W. ColliganPrincipal
      Executive Officer and PrincipalAccounting
      Officer




A signed original of this written statement required by
Section 906 has been provided toBLINK
COUTURE, INC. and will be retained byBLINK COUTURE, INC.and furnished
to the Securities and Exchange Commission or its staff upon request.
#### Richard Edward KENDRICK, Appellant, v. UNITED STATES of America, Appellee.

No. 20141.

United States Court of Appeals Ninth Circuit.

Oct. 12, 1966.

Willys I. Peck, San Jose, Cal., for appellant.

Cecil F. Poole, U. S. Atty., Wm. B. Shubb, Asst. U. S. Atty., Sacramento, Cal., for appellee.

Before JOHNSEN* CHAMBERS and MERRILL, Circuit Judges.

*

 Haryey M. Johnsen, Circuit Judge, Eighth Circuit, sitting by designation.

PER CURIAM:

Kendrick, while confined in a federal institution at Lompoc, California, wrote two threatening letters to the trial judge who entered the judgment that sent him *633there. The letters reached the judge through the mail.

Kendrick mainly attacks the sufficiency of the evidence. His defense was that he never thought that the letters would get through the censors and into the mails. But he put the letters on a ledge outside his cell, a place where mail was ordinarily picked up by prison personnel. He had no direct access to an official United States mail box.

Kendrick’s testimony did create an issue of fact as to his intent. This, the jury decided against him. The circumstantial evidence was such that the jury could find him guilty beyond a reasonable doubt, if it chose to disbelieve him. And, it did so.

We find no error in the instructions.

Judgment affirmed.
EXHIBIT 35.3
                  SERVICER COMPLIANCE STATEMENT (ITEM 1123)
                           HOMECOMINGS FINANCIAL, LLC
             RFMSI SERIES 2006-S11 TRUST (THE "ISSUING ENTITY")

The undersigned,  a duly authorized  officer of Homecomings  Financial,  LLC, as
servicer (the "Servicer") pursuant to the applicable  servicing agreement,  does
hereby certify that:

1.   A review of the  Servicer's  activities  during the  period  covered by the
     Issuing  Entity's  report  on Form 10-K and of the  Servicer's  performance
     under  the   applicable   servicing   agreement  has  been  made  under  my
     supervision.

2.   To the  best of my  knowledge,  based  on such  review,  the  Servicer  has
     fulfilled all of its obligations under the applicable  servicing  agreement
     in all material respects throughout such period.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 26th
day of March 2007.

By:      /s/ Anthony N. Renzi
      ------------------------
      Name:  Anthony N. Renzi
      Title: Managing Director
##### 



DEFERRAL AGREEMENT
  Annual deferred compensation credit:
    
    $150,000Duration of deferral agreement
    
    5 YearsFirst compensation credit
    
    $150,000 (10/1/2004)Second through fifth compensation credits
    
    $150,000 each (10/1/05, 10/1/06, 10/1/07, 10/1/08)Total credits over deferral period
    
    $750,000Expiration date
    
    09/30/2009
   In consideration of this new agreement and in recognition of the new position to
which I have recently been selected, TVA agrees to transfer the balance of my current
Long Term Deferred Compensation Plan account to my Merit Incentive Supplemental
Retirement Income Plan (MISRIP) account and I agree that all rights and obligations
under the deferral agreement, which I signed on August 17, 2001, are hereby
extinguished.
     ü Balance of account to be paid to me in a lump sumo Balance of account to be transferred to TVA MISRIP account
  /s/
Ashok S. Bhatnagar
Participant
    
    
    
    9/17/04
Date/s/
W. Anthony Conkin forJohn E. Long, Jr.
EVP, Human Resources
    
    
    
    9/28/04
Date
<TABLE> <S> <C>

<ARTICLE>5
<MULTIPLIER>1,000




<S>                                                    <C>
<PERIOD-TYPE>                                                   9-MOS
<FISCAL-YEAR-END>                                         DEC-31-1999
<PERIOD-START>                                            JAN-01-1999
<PERIOD-END>                                              SEP-30-1999
<CASH>                                                         18,832
<SECURITIES>                                                      995
<RECEIVABLES>                                                  21,795
<ALLOWANCES>                                                        0
<INVENTORY>                                                         0
<CURRENT-ASSETS>                                               53,339
<PP&E>                                                         21,624
<DEPRECIATION>                                                      0
<TOTAL-ASSETS>                                                 95,824
<CURRENT-LIABILITIES>                                          22,982
<BONDS>                                                             0
<PREFERRED-MANDATORY>                                               0
<PREFERRED>                                                         0
<COMMON>                                                            0
<OTHER-SE>                                                     71,530
<TOTAL-LIABILITY-AND-EQUITY>                                   95,824
<SALES>                                                        54,267
<TOTAL-REVENUES>                                               54,267
<CGS>                                                          23,634
<TOTAL-COSTS>                                                  23,634
<OTHER-EXPENSES>                                               49,578
<LOSS-PROVISION>                                                    0
<INTEREST-EXPENSE>                                              (715)
<INCOME-PRETAX>                                              (18,230)
<INCOME-TAX>                                                  (5,089)
<INCOME-CONTINUING>                                          (13,141)
<DISCONTINUED>                                               (10,857)
<EXTRAORDINARY>                                                     0
<CHANGES>                                                           0
<NET-INCOME>                                                 (23,998)
<EPS-BASIC>                                                  (2.02)
<EPS-DILUTED>                                                  (2.02)



</TABLE>
<PAGE>

EXHIBIT 10.31

                Memorandum of Amendment of Employment Agreement


From:

To Stephen M. Greenberg

Dated: As of November 1, 2004

         We hereby agree that the Employment Agreement between Stephen Greenberg
("Executive") and Net2Phone, Inc. ("company") dated as of August 1, 2004
("Agreement") is hereby deemed to be amended as follows:

         1.       Paragraph 3(a) of the Agreement is hereby deleted and the
                  following is substituted in its place:

                  (a)      The Executive shall serve as, and with the title,
                           office and authority of, Chairman of the Board of the
                           Company and shall report directly to the Board of
                           Directors of the Company.

         2.       Paragraph 2(c)iv) is hereby amended to add the word "paid"
                  before the word "advisor".

         Except as herein specifically otherwise provided, the parties do hereby
ratify and confirm the terms and provisions of the Agreement and acknowledge
that it remains in full force and effect.


                                             Net2Phone, Inc.


                                             By: /s/ Glenn J. Williams
                                                 ---------------------
                                                     Glenn J. Williams
                                                     Executive Vice President,
                                                     Business and Legal Affairs,
                                                     and General Counsel

                                             Stephen M. Greenberg


                                             /s/ Stephen M. Greenberg
                                             ------------------------
# EUR-Lex - 32001D0717 - EN

Avis juridique important

*|*

# 32001D0717

**2001/717/EC: Commission Decision of 4 October 2001 fixing aid for private storage of carcasses and half-carcasses of lamb in Great Britain concerning the invitations to tender issued under Regulation (EC) No 1641/2001 (notified under document number C(2001) 2780) **

*
Official Journal L 266 , 06/10/2001 P. 0013 - 0014 *

Commission Decision

of 4 October 2001

fixing aid for private storage of carcasses and half-carcasses of lamb in Great Britain concerning the invitations to tender issued under Regulation (EC) No 1641/2001

(notified under document number C(2001) 2780)

(Only the English text is authentic)

(2001/717/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EC) No 2467/98 of 3 November 1998 on the common organisation of the market in sheepmeat and goatmeat(1), as amended by Regulation (EC) No 1669/2000(2),

Having regard to Commission Regulation (EEC) No 3446/90 of 27 November 1990 laying down detailed rules for granting private storage aid for sheepmeat and goatmeat(3), as last amended by Regulation (EC) No 3533/93(4), and in particular Article 12(1)(f) thereof,

Whereas:

(1) Commission Regulation (EEC) No 3447/90 of 28 November 1990 on special conditions for the granting of private storage aid for sheepmeat and goatmeat(5), as last amended by Regulation (EC) No 40/96(6), supplements the provisions of Regulation (EEC) No 3446/90 and lays down in particular detailed rules governing invitations to tender.

(2) Commission Regulation (EC) No 1641/2001(7), opens two invitations to tender for the fixing of aid for private storage of carcasses and half-carcasses of lamb in Great Britain.

(3) In accordance with Article 12(1)(f) of Regulation (EEC) No 3446/90, a maximum amount of aid for private storage should be fixed on the basis of tenders received or no award made in respect of the invitations to tender.

(4) The tenders received lead the Commission to fix a maximum amount of aid. Tenders not exceeding this amount should be accepted. The intervention agencies are authorised to conclude private storage contracts for private storage.

(5) The operators affected by this Decision should be allowed to make use of it as soon as possible.

(6) The measures provided for in this Decision are in accordance with the opinion of the Management Committee for Sheep and Goats,

HAS ADOPTED THIS DECISION:

Article 1

The aid referred to in Article 12(1)(f) of Regulation (EEC) No 3446/90 for the second invitation to tender opened by Regulation (EC) No 1641/2001 shall be EUR 1190 per tonne.

Article 2

This Decision is addressed to the United Kingdom of Great Britain and Northern Ireland.

Done at Brussels, 4 October 2001.

For the Commission

Franz Fischler

Member of the Commission

(1) OJ L 312, 20.11.1998, p. 1.

(2) OJ L 193, 29.7.2000, p. 8.

(3) OJ L 333, 30.11.1990, p. 39.

(4) OJ L 321, 23.12.1993, p. 9.

(5) OJ L 333, 30.11.1990, p. 46.

(6) OJ L 10, 13.1.1996, p. 6.

(7) OJ L 217, 11.8.2001, p. 3.
[Federal Register Volume 87, Number 41 (Wednesday, March 2, 2022)]
[Notices]
[Page 11780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04387]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-61, OMB Control No. 3235-0073]


Proposed Collection; Comment Request

Upon Written Request Copies Available From: Securities and Exchange 
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC 
20549-2736

Extension:
    Form S-3

    Notice is hereby given that, pursuant to the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange 
Commission (``Commission'') is soliciting comments on the collection of 
information summarized below. The Commission plans to submit this 
existing collection of information to the Office of Management and 
Budget for extension and approval.
    Form S-3 (17 CFR 239.13) is a short form registration statement 
used by domestic issuers to register a public offering of their 
securities under the Securities Act of 1933 (15 U.S.C. 77a et seq.). 
Form S-3 takes approximately 466.4566 hours per response and is filed 
by approximately 1,651 issuers annually. We estimate that 25% of the 
466.4566 hours per response (116.6141 hours) is prepared by the issuer 
for a total annual reporting burden of 192,530 hours (116.6141 hours 
per response x 1,651 responses).
    Written comments are invited on: (a) Whether this proposed 
collection of information is necessary for the proper performance of 
the functions of the agency, including whether the information will 
have practical utility; (b) the accuracy of the agency's estimate of 
the burden imposed by the collection of information; (c) ways to 
enhance the quality, utility, and clarity of the information collected; 
and (d) ways to minimize the burden of the collection of information on 
respondents, including through the use of automated collection 
techniques or other forms of information technology. Consideration will 
be given to comments and suggestions submitted in writing within 60 
days of this publication by May 2, 2022.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid control number.
    Please direct your written comment to David Bottom, Director/Chief 
Information Officer, Securities and Exchange Commission, c/o John 
Pezzullo, 100 F Street NE, Washington, DC 20549 or send an email to: 
<a href="/cdn-cgi/l/email-protection#d48486958b99b5bdb8b6bbac94a7b1b7fab3bba2"><span class="__cf_email__" data-cfemail="fdadafbca2b09c94919f9285bd8e989ed39a928b">[email protected]</span></a>.

    Dated: February 25, 2022.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2022-04387 Filed 3-1-22; 8:45 am]
BILLING CODE 8011-01-P


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</html>
# Materials Not Included in **Airworthiness Directive (AD) Docket**

Docket Number: FAA- 2011 - 0723 Directorate Identifier: 2010NM080AD

SRM, R80 --- 12/15/09 DW G 1647194, RC --- 4/3/09

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the Supplemental AD Docket 

### MA **Y BE VIEWED AT:** Federal Aviation Administration

Transport Airplane Directorate Rules Docket 1601 Lind Ave. SW., Renton, WA 98057 425.227.1221 **DURING THE HOURS OF:** 9 a.m. and 3 p.m., Monday through Friday, except Federal holidays. Form Date: 03/05/2008
<PAGE>

                                                                      EXHIBIT 12

             CASE CREDIT CORPORATION AND CONSOLIDATED SUBSIDIARIES

               COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                             (dollars in millions)

<TABLE>
<CAPTION>
                                                     Post-acquisition        Pre-acquisition
                                                   basis of accounting     basis of accounting
                                                   -------------------     -------------------
                                                     Six Months Ended       Six Months Ended
                                                         June 30,               June 30,
                                                           2000                    1999
                                                          -----                   -----
<S>                                                <C>                      <C>
Net income.........................................       $   3                   $  41
Add:
  Interest expense.................................         111                      92
  Amortization of capitalized debt expense.........           -                       1
  Income tax expense and other taxes on income.....           2                      24
                                                          -----                   -----
    Earnings as defined............................       $ 116                   $ 158
                                                          =====                   =====

Interest expense...................................       $ 111                   $  92
Amortization of capitalized debt expense...........           -                       1
                                                          -----                   -----
    Fixed charges as defined.......................       $ 111                   $  93
                                                          =====                   =====

Ratio of earnings to fixed charges.................       1.05x                   1.70x
                                                          =====                   =====
</TABLE>