alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Fourth Court of Appeals

San Antonio, Texas

September 4, 2015

No. 04-15-00128-CR

IN RE Eduardo TREVINO

Original Mandamus Proceeding1

ORDER

Sitting: Sandee Bryan Marion, Chief Justice

Marialyn Barnard, Justice

Patricia O. Alvarez, Justice

On July 23, 2015, relator Eduardo Trevino filed in this original proceeding a motion to 

rescind which appears to seek reconsideration of this court’s prior order. The court has 

considered relator’s motion and it is DENIED. 

It is so ORDERED on September 4, 2015.

PER CURIAM

Attested: ______________________________

Keith E. Hottle

Clerk of Court

 1 This proceeding arises out of Cause Nos. 1999CR4085, 1999CR6204, and 1999CR6205, each styled The State of 

Texas v. Eduardo Trevino, pending in the 144th Judicial District Court, Bexar County, Texas, the Lorina I. Rummel

presiding.
### Page 2 of 2 the studies. A complete discussion of the revi ew of each study may be found in the attached DERs.

Table 1. Summary of Data Evaluation R ecords Transmitted with this Document Guideline Number Study Description MRID Number Classification

850.1010 Acute Toxicity of TGAI and EP to Freshwater Invertebrates 00103297 Acceptable

850.1075 Acute Toxicity of TGAI and EP to Freshwater Fish 00103297 Supplemental and Acceptable 850.1075 Acute Toxicity of TGAI to Chinook Salmon 46112001 Supplemental Not applicable Seawater Challenge Test to Chinook Salmon 46112001 Supplemental 850.1400 Chinook Salmon Early Life Stage Toxicity Test 45915601 Supplemental
CERTIFICATIONI, Kokmeng Koh, certify that: 1. I have reviewed this report on Form 10-K and all reports on Form 10-Drequired to be filed in respect of the period covered by this report on Form 10-K ofPrincipal Life Income Fundings Trust 2006-77 (the “Exchange Act periodic reports”);  2. Based on my knowledge, the Exchange Act periodic reports, taken as whole, donot contain any untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances under which suchstatements were made, not misleading with respect to the period covered by thisreport;  3. Based on my knowledge, all of the distribution, servicing and otherinformation required to be provided under Form 10-D for the period covered by thisreport is included in the Exchange Act periodic reports;  4. Based on my knowledge and the servicer compliance statement(s) required inthis report under Item 1123 of Regulation AB, and except as disclosed in the ExchangeAct period reports, the servicer has fulfilled its obligations under the servicingagreement(s) in all material respects; and  5. All of the reports on assessment of compliance with servicing criteria forasset-backed securities and their related attestation reports on assessment ofcompliance with servicing criteria for asset-backed securities required to be includedin this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwisedisclosed in this report. Any material instances of noncompliance described in suchreports 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 thefollowing unaffiliated parties: Citibank, N.A. and Bankers Trust Company, N.A.Date: March 28, 2007   /s/ Kokmeng Koh     Kokmeng Koh  Second Vice President
II

104TH CONGRESS

1ST SESSION S. 721

To impose a moratorium on sanctions under the Clean Air Act with respect

to marginal and moderate ozone nonattainment areas, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 24, 1995

Ms. SNOWE (for herself and Mr. COHEN) introduced the following bill; which

was read twice and referred to the Committee on Environment and Public

Works

A BILL

To impose a moratorium on sanctions under the Clean Air

Act with respect to marginal and moderate ozone nonattainment areas, and for other purposes.

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

3 SECTION 1. OZONE NONATTAINMENT AREAS.

4 (a) IN GENERAL.—During the 1-year period begin5 ning on the date of enactment of this Act, the Adminis6 trator of the Environmental Protection Agency shall not

7 initiate or continue in effect an enforcement action against

8 a State with respect to an area that, before, on, or after

9 that date, is designated nonattainment for ozone and clas-
2

•S 721 IS

1 sified as a Marginal Area or Moderate Area under section

2 181 of the Clean Air Act (42 U.S.C. 7511), including such

3 an area that is located in the ozone transport region estab4 lished by section 184(a) of that Act (42 U.S.C. 7511c(a)).

5 (b) DEFINITION.—In this section, the term ‘‘enforce6 ment action’’ includes—

7 (1) the withholding of a grant under section

8 105 of the Clean Air Act (42 U.S.C. 7405);

9 (2) the promulgation of a Federal implementa10 tion plan under section 110(c) of the Clean Air Act

11 (42 U.S.C. 7410);

12 (3) the imposition of a sanction under section

13 110(m) or 179 of the Clean Air Act (42 U.S.C.

14 7410(m), 7509); and

15 (4) any other action intended to obtain compli16 ance (unless the action is agreed to by the State) or

17 punish noncompliance with a requirement applicable

18 to an area described in subsection (a) under the

19 Clean Air Act (42 U.S.C. 7401 et seq.).

Æ
Exhibit
32.1




CERTIFICATION
OF CO-CHIEF EXECUTIVE OFFICER


PURSUANT
TO 18 U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002








I,
Michael A. Reisner, Co-Chief Executive Officer and Co-President of ICON
Capital Corp., the Manager of the Registrant, in connection with the Annual
Report of ICON Leasing Fund Twelve, LLC (the “LLC”) on Form 10-K for the year
ended December 31, 2009, as filed with the Securities and Exchange Commission on
the date hereof (the “Annual Report”) certify, pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:




1.
              The
      Annual Report fully complies with the requirements of
      Section 13(a) or 15(d) of the Securities Exchange Act of
      1934, as amended; and
 
 2.
              The
      information contained in the Annual Report fairly presents, in all
      material respects, the  financial condition and results of operations
      of the LLC.






Date:
March 30, 2010




/s/Michael A.
Reisner


Michael
A. Reisner


Co-Chief
Executive Officer and Co-President


ICON
Capital Corp.


Manager
of ICON Leasing Fund Twelve, LLC
#### Farid GHALEHTAK; Shirin Tabatabai, Plaintiffs-Appellants, v. FNBN I, LLC, its successors and/or assigns, Defendant-Appellee.

No. 16-16742

United States Court of Appeals, Ninth Circuit.

Submitted June 26, 2017 *

Filed July 3, 2017

Farid Ghalehtak, Pro Se

Shirin Tabatabai, Pro Se

Karen Ann Braje, Reed Smith LLP, San Francisco, CA, Kasey Curtis, Reed Smith LLP, Los Angeles, CA, for Defendant-Appellee

' Before: PAEZ, BEA, and MURGUIA, Circuit'Judges.

*

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

*932MEMORANDUM ***

Farid Ghalehtak and Shirin Tabatabai appeal pro se from the district court’s judgment dismissing their action alleging violations of the Truth in Lending Act (“TILA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6). *Cervantes v. Countrywide Home Loans, Inc.,*656 F.3d 1034, 1040 (9th Cir. 2011). We affirm.

The district court properly dismissed plaintiffs’ TILA claim for rescission as time-barred because plaintiffs did not exercise their right of rescission within three years of when they consummated the loan transaction. *See*15 U.S.C. § 1635(f); *Beach v. Ocwen Fed. Bank,*523 U.S. 410, 412-13, 419, 118 S.Ct. 1408, 140 L.Ed.2d 566 (1998) (explaining that “§ 1635(f) completely extinguishes the right of rescission at the end of the 3-year period”).

The district court properly dismissed plaintiffs’ TILA claim for actual damages under 15 U.S.C. § 1641(g) because plaintiffs failed to allege facts sufficient to show that they detrimentally relied on appellee’s failure to provide notice of the transfer of plaintiffs’ loan to appellee. *See*15 U.S.C. § 1641(g); *In re Smith,*289 F.3d 1155, 1157 (9th Cir. 2002) (detrimental reliance is an element of a TILA claim for actual damages).

We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. *See Padgett v. Wright,*587 F.3d 983, 985 n.2 (9th Cir. 2009).

Plaintiffs’ motion for leave to file an amended opening brief (Docket Entry No. 16) is denied.

AFFIRMED.

***

 This disposition is not appropriate for publication and is hot precedent except as provided by Ninth Circuit Rule 36-3.
#### Jose Clemente FLORES-FLORES, AKA Jose Flores, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 10-73931

United States Court of Appeals, Ninth Circuit.

Submitted April 11, 2017 *

Filed April 19, 2017

Omar Nakib, Attorney, Law Office of Stephen Coghlan, San Francisco, CA, for Petitioner

David Nicholas Harling, Trial Attorney, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Jeffery R. Leist, Trial Attorney, OIL, Tracey McDonald, Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent

Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.

*

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

MEMORANDUM **

Jose Clemente Flores-Flores, a native and citizen of El Salvador, petitions for review of the Board of Immigration Ap*600peals’ order dismissing his appeal from an immigration judge’s decision denying his application for withholding of removal. We have jurisdiction under 8 U.S.C. § 1252.

We deny Flores-Flores’s petition for review because he does not make any arguments challenging the agency’s dispositive adverse credibility determination. *See*Lo*pez-Vasquez v. Holder,*706 F.3d 1072, 1079-1080 (9th Cir. 2013) (issues not specifically raised and argued in a party’s opening brief are deemed waived).

PETITION FOR REVIEW DENIED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Customer Service Hotline: 1-800-438-2474

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania 19103-2029

Mr. Keith A. Anderson, Director

District Department of the Environment

1200 First Street, NE 

Washington, DC 20002

Dear Mr. Anderson:

On July 22, 2014, the U.S. Environmental Protection Agency (EPA) received a revision 

to the District of Columbia State Implementation Plan (SIP) from the District Department of the 

Environment (DDOE). This SIP revision consists of the 2011 Base Year Emissions Inventory 

for the Washington, DC-MD-VA 2008 Ozone Nonattainment Area. EPA has determined that the 

submittal is administratively and technically complete, and is reviewing it to prepare a Notice of 

Proposed Rulemaking (NPR). 

If members of your staff have any questions, they may direct them to Marilyn Powers, 

Office of Air Program Planning, at (215) 814-2308. She is the principal contact for this 

rulemaking. 

 Sincerely, 

Diana Esher, Director

 Air Protection Division
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 5
<LEGEND>
The schedule contains summary financial information extracted from the unaudited
consolidated balance sheet as of March 31, 1998, and the unaudited statement of
income for the nine months then ended contained in the report on Form 10-Q for
the nine months ended September 30, 1998 of Batteries Batteries, Inc. and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                             867
<SECURITIES>                                         0
<RECEIVABLES>                                    7,440
<ALLOWANCES>                                       665
<INVENTORY>                                      9,326
<CURRENT-ASSETS>                                18,196
<PP&E>                                           1,279
<DEPRECIATION>                                     549
<TOTAL-ASSETS>                                  24,903
<CURRENT-LIABILITIES>                            5,517
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             5
<OTHER-SE>                                      10,286
<TOTAL-LIABILITY-AND-EQUITY>                    24,903
<SALES>                                         38,839
<TOTAL-REVENUES>                                38,839
<CGS>                                           27,343
<TOTAL-COSTS>                                   27,343
<OTHER-EXPENSES>                                12,880
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 608
<INCOME-PRETAX>                                (1,992)
<INCOME-TAX>                                     (548)
<INCOME-CONTINUING>                            (1,444)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,444)
<EPS-PRIMARY>                                    (.30)
<EPS-DILUTED>                                    (.30)
        


</TABLE>
#### UNITED STATES of America, Plaintiff-Appellant, v. Michael Anthony FENNELL, Defendant-Appellee.

No. 16-11424

United States Court of Appeals, Fifth Circuit.

Filed August 16, 2017

*781Brian W. McKay, Esq., Assistant U.S. Attorney, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellant

James Matthew Wright, Assistant Federal Public Defender, Federal Public Defender’s Office, Amarillo, TX, for Defendant-Appellee

Before JOLLY and ELROD, Circuit Judges, and STARRETT, District Judge.*

*

 District Judge of the United States District Court for the Southern District of Mississippi, sitting by designation.

PER CURIAM: **

After careful study of the briefs, the record, and the relevant case law from the Supreme Court, this circuit, and our sister circuits, we are persuaded that the district court did not commit reversible error.

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.
<PAGE>
                                                                     EXHIBIT 4.5

                         [DONLAR CORPORATION LETTERHEAD]

April ___, 2002


CONFIDENTIAL
------------

_____________________

_____________________

_____________________

_____________________


Dear _____________:

         Currently, you own convertible debt of Donlar Corporation ("Donlar")
evidenced by a note dated ______________ in the face amount of _________________
(the "Convertible Note"). This letter agreement (this "Letter Agreement") sets
forth certain understandings between you and Donlar, an Illinois corporation,
regarding the terms upon which you shall surrender the Convertible Note in
exchange for shares of senior convertible preferred stock of Donlar ("Senior
Preferred") containing the terms attached hereto as Exhibit A and surrender for
cancellation all options and warrants you hold to purchase common or preferred
stock of Donlar. Upon the completion of certain transactions whereby Donlar's
majority owned subsidiary Donlar Bioysntrex Corporation, a Nevada corporation,
is merged into Donlar, the capitalization of Donlar shall be as set forth on
Exhibit B.

         Accordingly, you agree to surrender for cancellation: (a) the
Convertible Note to Donlar in exchange for shares of Senior Preferred in the
face amount of $ ____________ convertible into _______________ shares of common
stock of the Donlar; and (b) all warrants and options you hold to purchase
shares of common or preferred stock of Donlar.

         If the foregoing is in accordance with your understanding of our
agreement, please sign where indicated below and deliver a copy of this Letter
Agreement as provided for herein, whereupon this Letter Agreement shall
represent a binding agreement between us and shall be governed by the internal
laws of the State of Illinois.

                                                     Very truly yours,

                                                     DONLAR CORPORATION


                                                     By:________________________
                                                        Name: Larry Koskan
                                                        Title: President and CEO
Order entered June 17, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-14-01606-CR

No. 05-14-01607-CR

No. 05-14-01608-CR

JOE LEWIS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 6

Dallas County, Texas

Trial Court Cause Nos. F13-41242-X, F13-41243-X, F13-41244-X

ORDER

The Court REINSTATES the appeals.

On May 20, 2015, we ordered the trial court to make findings regarding why the 

reporter’s record had not been filed. We also ordered the trial court to prepare and file 

completed certifications of appellant’s right to appeal for the cases. On June 16, 2015, we 

received the reporter’s record, but we have not yet received the certifications of appellant’s right 

to appeal. Accordingly, we VACATE the May 20, 2015 order to the extent it requires findings 

regarding the reporter’s record.

We ORDER the trial court to prepare certifications of appellant’s right to appeal for 

these cases that accurately reflect the trial court proceedings. See TEX. R. APP. P. 25.2(a), (d); 
Cortez v. State, 420 S.W.3d 803 (Tex. Crim. App. 2013). The completed certifications are due 

within FIFTEEN DAYS of the date of this order.

We DENY appellant’s June 1, 2015 pro se motion to file a brief. Appellant is 

represented by counsel and is not entitled to hybrid representation. See Rudd v. State, 616 

S.W.2d 623 (Tex. Crim. App. [Panel Op.] 1981).

Appellant’s brief is due within thirty days of the date of this order. 

/s/ LANA MYERS

JUSTICE
Order entered July 27, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-15-00096-CV

DONNELL HILL, Appellant

V.

WELLS ASSET MANAGEMENT, INC., ET AL., Appellees

On Appeal from the County Court at Law No. 2

Dallas County, Texas

Trial Court Cause No. CC-14-01039-B

ORDER

We GRANT appellant’s July 23, 2015 second motion for an extension of time to file a 

brief. Appellant shall file a brief by AUGUST 25, 2015. We caution appellant that no further 

extension of time will be granted absent extraordinary circumstances.

/s/ ELIZABETH LANG-MIERS 

JUSTICE
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE 1999
FIRST QUARTER 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                           4,016
<INT-BEARING-DEPOSITS>                          27,467
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                    472,137
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                        341,436
<ALLOWANCE>                                      1,604
<TOTAL-ASSETS>                                 879,477
<DEPOSITS>                                     480,799
<SHORT-TERM>                                    75,870
<LIABILITIES-OTHER>                             12,132
<LONG-TERM>                                    205,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            89
<OTHER-SE>                                     105,587
<TOTAL-LIABILITIES-AND-EQUITY>                 879,477
<INTEREST-LOAN>                                  6,219
<INTEREST-INVEST>                                7,124
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                13,343
<INTEREST-DEPOSIT>                               4,435
<INTEREST-EXPENSE>                               7,829
<INTEREST-INCOME-NET>                            5,514
<LOAN-LOSSES>                                       60
<SECURITIES-GAINS>                                  84
<EXPENSE-OTHER>                                  4,041
<INCOME-PRETAX>                                  2,232
<INCOME-PRE-EXTRAORDINARY>                       2,232
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,682
<EPS-PRIMARY>                                      .27
<EPS-DILUTED>                                      .27
<YIELD-ACTUAL>                                    6.93
<LOANS-NON>                                      2,122
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 1,604
<CHARGE-OFFS>                                       60
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                1,604
<ALLOWANCE-DOMESTIC>                             1,604
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>