alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### IN RE; TZU LING HSU, Debtor. Tzu Ling Hsu, Appellant, v. MTC Financial, Inc., Appellee.

No. 16-55454

United States Court of Appeals, Ninth Circuit.

Submitted June 7, 2017 * Pasadena, California

Filed June 30, 2017

Giovanni Orantes, Counsel, The Orantes Law Firm, P.C., Los Angeles, CA, for Appellant

*889Joseph P. Buchman, Attorney, Burke, Williams & Sorensen, LLP, Los Angeles, CA, for Appellee

Before: GRABER and MURGUIA, Circuit Judges, and BOLTON,** 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 Susan R. Bolton, United States District Judge for the District of Arizona, sitting by designation.

MEMORANDUM ***

Debtor Tzu Ling Hsu (“Debtor”) appeals the district court’s order dismissing her bankruptcy appeal as untimely. We have subject matter jurisdiction under 28 U.S.C. §§ 158(d), 1291 and review the decision of the district court de novo. *Barclay v. Mackenzie (In re AFI Holding, Inc.),*525 F.3d 700, 702 (9th Cir. 2008).

Debtor argues that her appeal was timely because she filed her appeal to the district court the day after a scheduled ECF outage, specifically arguing that because ECF was unavailable for a portion of the deadline date, she could file the following day. We disagree and affirm the order of the district court.

While there is ordinarily ■ mandatory electronic case filing, local bankruptcy rules make clear that despite an ECF outage, Debtor’s proper recourse on the deadline was to file a paper hard copy by November 30 at midnight, not to wait another day as if the clerk was “unavailable” under the Federal Rules of Bankruptcy Procedure. The Central District of California’s Court Manual,1 which is explicitly incorporated into the local bankruptcy rules, contemplates the situation here. In the section labeled CM/ECF Outage Procedures (defined in part as scheduled outages), the Manual says that a litigant “should file a hard copy of the relevant documents manually at the filing window” “whenever it is essential that a particular document be filed by a particular date” including when “[t]he Bankruptcy Code or the Federal Rules of Bankruptcy Procedure establish a specific deadline for the filing of the documents in question that will run prior to the Resumption of [ECF] Service.” Bankr. C.D, Cal. Manual § 3.12(a)(1)(B), http://www.cacb.uscourts. gov/sites/cacb/files/documents/court- . manual/CtManuaLSec3.pdf. Because Debt- or’s appeal was untimely, the district court lacked jurisdiction to hear the appeal. *Wiersma v. Bank of W. (In re Wiersma),*483 F.3d 933, 938 (9th Cir. 2007).

AFFIRMED.

***

 This disposition is not appropriate for publication and- is not precedent except as provided by Ninth Circuit Rule 36-3.

1

. The Central District of California Bankruptcy Court notes that “[t]he Court Manual is an adjunct to the LOCAL BANKRUPTCY RULES (LBRs) and is incorporated in the LBRs.” Bankr. C.D, Cal. Manual (June 12, 2017), http://www.cacb.uscourts.gov/court-manual.
# Fourth Court of Appeals

**San Antonio, Texas**

JUDG MENT

No. 04

- 13

- 00210

- CV

IN THE INTEREST OF E.B.K.

- R. , a child

From the 73rd Judicial District Court, Bexar County, Texas

Trial Court No. 2012

- PA

- 00852

Honorable H. Paul Canales, Judge Presiding

BEFORE JUSTICE ANGELINI

, JUSTICE MARTINEZ, AND JUSTICE CHAPA

In accordance with this court’s opinion of this date, this appeal is AFFIRMED. No costs

shall be assessed against appellant.

Manuel C. Rodriguez Jr.’s motion to withdraw is GRANTED.

SIGNED Septemb er 11 , 2013.

_________________________________ Karen Angelini, Justice
**Exhibit
      32.1**





**CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER**


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


**AS
      ADOPTED PURSUANT TO**


**SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002**





Pursuant
      to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of
      2002, the undersigned officer of ArthroCare Corporation (the “Company”) hereby
      certifies, to such officer’s knowledge, that:





(i)  The
      accompanying Quarterly Report on Form 10-Q of the Company for the three and
      nine
      months ended September 30, 2007 (the “Report”) fully complies with the
      requirements of Section 13(a) or Section 15(d), as applicable, of the Securities
      Exchange Act of 1934, as amended; and





(ii)  The
      information contained in the Report fairly presents, in all material respects,
      the financial condition and results of operations of the Company.




Dated:October 29, 2007
            
            /s/ Michael
              A. BakerMichael
                A. Baker
              President
                and Chief Executive Officer




A
      signed
      original of this written statement required by Section 906 of the Sarbanes-Oxley
      Act of 2002 (“Section 906”), or other document authenticating, acknowledging, or
      otherwise adopting the signature that appears in typed form within the
      electronic version of the written statement required by Section 906, has been
      provided to ArthroCare Corporation and will be retained by ArthroCare
      Corporation and furnished to the Securities and Exchange Commission or its
      staff
      upon request.
\'IIFinalReportKOREATESTING&RESEARCHINSTITUTE2345III678910II12131415161718192021NN/25
<TABLE> <S> <C>
                              
<ARTICLE>                          5
<CIK>                              0001005335
<NAME>                         Smith Barney Principal Plus Futures Fund L.P. II
                                    
<S>                                  <C>
<PERIOD-TYPE>                      9-MOS
<FISCAL-YEAR-END>                  DEC-31-1997
<PERIOD-START>                     JAN-01-1997
<PERIOD-END>                       SEP-30-1997
<CASH>                                 8,146,882
<SECURITIES>                          14,150,705
<RECEIVABLES>                            177,257
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                      22,474,844
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                        22,474,844
<CURRENT-LIABILITIES>                    599,715
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                            21,875,129
<TOTAL-LIABILITY-AND-EQUITY>          22,474,844
<SALES>                                        0
<TOTAL-REVENUES>                         770,040
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                         535,561
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                          234,479
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                             234,479
<EPS-PRIMARY>                              11.25
<EPS-DILUTED>                                  0
        

</TABLE>
1 From:

Sent: Tuesday, June 30, 2015 5:48 PM

To: RedHill Subject: Protect our Water from Jet Fuel

Follow Up Flag: Follow up Flag Status: Flagged

Aloha,

My name is and I am a resident of I am writing to express my extreme concern for the quality of our drinking water threatened by the jet fuel leaking from Navy storage tanks in Red Hill. Please ensure this jet fuel is completely cleaned up immediately. Twenty-five years is too long to wait before acting to save our most precious resource. If the leaks cannot be immediately fixed, then the tanks must be emptied. I also ask that the public comment period on the negotiated agreement between t he U.S. Navy, Environmental Protection Agency, and Hawaii Department of Health be extended to allow the public meaningful opportunity to understand and weigh-in on this important issue. Please continue to keep me informed in this decision-making process.

Thank you,
November  11,  1998




Mr.  David  B.  Caney
Link  Hill  House
Rye  Road
Sanhurst,  Kent  TN185PQ

Re:  Letter  of  Agreement
     Joint  Venture

Dear  Mr.  Caney:

Over  the  past  several weeks, HumTech, Inc. (HT) and David B. Caney (DC), have
worked  together  in  good  faith  to  define  and  outline  an understanding of
agreement  on  establishing  a  joint venture arrangement in the United Kingdom.

This Letter of Agreement reflects our most recent discussions and is intended to
provide  an  initial  business  strategy  we  agree  to  perform  under.

The  purpose  of this letter ("Letter of Agreement") is to outline the manner in
which  we  intend  to  proceed.  The parties recognize that the transaction will
require  further  documentation  and  approvals,  including  the preparation and
approval of formal agreements, formation of business entities, and setting forth
the  terms  and  conditions  of the joint venture. Nevertheless, we execute this
Letter  of Agreement to evidence our intentions to proceed in mutual good faith,
to  complete  work required to negotiate final terms of a joint venture that are
consistent  with  this  letter.

The  proposed  terms  and  conditions  include,  but  are  not  limited  to, the
following:

     1.  The  business  entity  will  be  a Limited Liability Corporation (LLC)
         formed in the United Kingdom. The name of the LLC will be HumaTech Ltd.
         (HTL).

     2.  The  ownership  of  HTL will be 50 (%) percent HumaTech Inc. and 50 (%)
         percent  David  B.  Caney.  Net  profits  will  be  split on ownership
         percentages.

     3.  The  Managing  Director  of  HTL  will  be  David  B.  Caney.

     4.  Compensation of HTL Directors will be covered under separate employment
         agreements.

     5.  Initial  Directors of HTL will be David G. Williams, John D. Rottweiler
         and David  B. Caney.
<PAGE>

     6.  Confidential:   All  information  produced  by  either  party  must  be
         considered confidential and not exposed to anyone who does not  have  a
         need to  know.  A breach  of  confidentiality  shall constitute grounds
         for  termination  of  any agreements.

     7.  Contract: Upon the execution of the Investment Agreement, and upon both
         parties verifying all of the documentation to be in order, parties will
         enter into  a firm  agreement.

     8.  This  joint  venture  is  contingent  upon:  (i)  the completion of due
         diligence  by  each  party  on  HT  and HTL, its markets, prospects and
         potential;  (ii) satisfactory  completion  of  legal  due diligence.

     9.  None  of  the parties hereto shall be under any obligation to any other
         party until a definitive Joint Venture entity/agreement is executed.

If  the  foregoing  is  acceptable  to you, execute a copy of this letter in the
place  set  forth  below.

Very  truly  yours,

HumaTech,  Inc.

By:  /s/  David  G.  Williams
     ------------------------
      David  G.  Williams,  President

ACCEPTED  AND  AGREED  TO

By:  /s/  David  B.  Caney
   -----------------------
      David  B.  Caney
Exhibit 34.2


[LOGO]

                          KPMG LLP
                          1601 Market Street
                          Philadelphia, PA 19103-2499

             Report of Independent Registered Public Accounting Firm

The Board of Members
Regulus Group LLC:

We have examined management's assessment for those customers that management has
informed us have requested confirmation of compliance, included in the
accompanying Report on Assessment of Compliance with Regulation AB Servicing
Criteria, that Regulus Group LLC complied with the servicing criteria set forth
in Item 1122(d)(2)(i) and 1122(d)(4)(iv) of the Securities and Exchange
Commission's Regulation AB for remittance processing services to those issuers
of asset backed securities and servicers of loan and/or receivables portfolios
that include pool assets for asset backed securities transactions (the Platform)
as of and for the year ended December 31, 2006. Regulus Group LLC has determined
that the remainder of the servicing criteria are not applicable to the
activities it performs with respect to the Platform as of and for the year ended
December 31, 2006. Management is responsible for the Company's compliance with
those servicing criteria. Our responsibility is to express an opinion on
management's assessment about the Company's compliance based on our examination.

Our examination was conducted in accordance with the standards of the Public
Company Accounting Oversight Board (United States) and, accordingly, included
examining, on a test basis, evidence about the Company's compliance with the
servicing criteria specified above and performing such other procedures as we
considered necessary in the circumstances. Our examination included testing of
less than all of the individual asset-backed transactions and securities that
comprise the Platform, testing of less than all of the servicing activities
related to the Platform, and determining whether the Company processed those
selected transactions and performed those selected activities in compliance with
the servicing criteria. Furthermore, our procedures were limited to the selected
transactions and servicing activities performed by the Company during the period
covered by this report. Our procedures were not designed to determine whether
errors may have occurred either prior to or subsequent to our tests that may
have affected the balances or amounts calculated or reported by the Company
during the period covered by this report for the selected transactions or any
other transactions. We believe that our examination provides a reasonable basis
for our opinion. Our examination does not provide a legal determination on the
Company's compliance with the servicing criteria.

In our opinion, management's assessment that the Company complied with the
aforementioned servicing criteria as of and for the year ended December 31, 2006
is fairly stated, in all material respects.

                                          /s/ KPMG LLP

Philadelphia, PA
February 22, 2007

          KPMG LLP, a U.S. limited liability partnership, is the U.S.
             member firm of KPMG International, a Swiss cooperative
#### Peisch v. Linder.

Intoxicating liquors: prohibitory statutes: constitutionality:, pleading: evidence. *(McLane v. Bonn,*70 Iowa, 752, and *Bloomer v. Glendy,*Id., 757, followed.)

*Appeal from Des Moines District Court.*

Wednesday, June 8, 1887.

This is an action in equity brought to restrain the defendant from carrying on the business of selling intoxicating liquors contrary to law in a certain building in the city of Burlington. The district court entered a judgment granting the relief demanded. Defendant appeals.

*P. Henry Smyth & Son,*for appellants.

*Newman & Blalce,*for appellees.

Eeed, J.

This cause involves the same questions which were determined in *McLane v. Bonn,*70 Iowa, 752, and *Bloomer v. Glendy,*Id., 757. Following those cases, the judgment will be Affirmed.
#### DeAngelo COOK, Petitioner-Appellant, v. WARDEN, MACON SP, Respondent-Appellee.

No. 16-15311 Non-Argument Calendar

United States Court of Appeals, Eleventh Circuit.

(April 28, 2017)

DeAngelo Cook, Pro Se

Clint Christopher Malcolm, Samuel Scott Olens, Attorney General’s Office, Atlanta, GA, for Respondent-Appellee

Before HULL, WILSON and JORDAN, Circuit Judges.

PER CURIAM:

In 2009, De Angelo Cook, a Georgia prisoner, filed a federal habeas corpus petition pursuant to 28 U.S.C. § 2254. That petition was dismissed with prejudice as untimely, and Mr. Cook did not appeal.

In 2016, Mr. Cook filed a second habeas corpus petition. The district court dismissed this petition for lack of subject-matter jurisdiction because Mr. Cook had not obtained circuit authorization to file a second or successive petition. Mr. Cook now appeals.

We affirm. Because Mr. Cook did not obtain circuit authorization to file a second or successive habeas petition, the district court did not have jurisdiction. *See*28 U.S.C. § 2244(b)(3)(A), (b) (4); *Tompkins v. Secretary,*557 F.3d 1257, 1259 (11th Cir. 2009).

AFFIRMED.
EXHIBIT 99.2


                            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 CytoGenix,  Inc. (the "Company") on
Form 1O-Q for the period ending June 30, 2003 as filed with the  Securities  and
Exchange Commission on the date hereof' (the "Report"),  I, Lawrence Wunderlich,
Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss. 1350,
as adopted  pursuant to ss. 906 of the SarbanES-  Oxley Act of 2002, that to the
best of my knowledge:

(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 result of operations of the Company.


/s/ Lawrence Wunderlich
------------------------
LAWRENCE WUNDERLICH
CHIEF FINANCIAL OFFICER

August 14, 2003
118TH CONGRESS 

1ST SESSION H. R. 662 

AN ACT 

To amend the Disaster Relief Supplemental Appropriations 

Act, 2023 to improve disaster relief funding for agricultural producers, 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, 
2 

•HR 662 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Block Grant Assistance 

3 Act of 2023’’. 

4 SEC. 2. DISASTER RELIEF SUPPLEMENTAL APPROPRIA5 TIONS ACT, 2023 AMENDMENT. 

6 Title I of the Disaster Relief Supplemental Appro7 priations Act, 2023 (division N of Public Law 117–328), 

8 is amended, in the matter under the heading ‘‘OFFICE OF

9 THE SECRETARY’’ under the heading ‘‘PROCESSING, RE10 SEARCH AND MARKETING’’ under the heading ‘‘AGRI11 CULTURAL PROGRAMS’’ under the heading ‘‘DE12 PARTMENT OF AGRICULTURE’’ , by inserting ‘‘: Pro13 vided further, That the Secretary of Agriculture may pro14 vide assistance for losses described under this heading in 

15 this Act in the form of block grants to eligible States and 

16 territories’’ before the period at the end. 

17 SEC. 3. EMERGENCY DESIGNATION. 

18 (a) IN GENERAL.—This Act and the amendments 

19 made by this Act are designated as an emergency require20 ment pursuant to section 4(g) of the Statutory Pay-As21 You-Go Act of 2010 (2 U.S.C. 933(g)). 

22 (b) DESIGNATION IN SENATE.—In the Senate, this 

23 Act and the amendment made by this section are des24 ignated as an emergency requirement pursuant to section 
3 

•HR 662 EH

1 4001(a)(1) of S. Con. Res. 14 (117th Congress), the con2 current resolution on the budget for fiscal year 2022. 

Passed the House of Representatives June 12, 2023. 

Attest: 

Clerk. 
118TH CONGRESS 

1ST SESSION H. R. 662 

AN ACT 

To amend the Disaster Relief Supplemental Appropurposes. funding for agricultural producers, and for other priations Act, 2023 to improve disaster relief
# L_2014321DE.01001101.xml

| 7.11.2014 | DE | Amtsblatt der Europäischen Union | L 321/11 |
| --- | --- | --- | --- |

7.11.2014

DE

Amtsblatt der Europäischen Union

L 321/11

---

Berichtigung der Verordnung (EG) Nr. 1206/2001 des Rates vom 28. Mai 2001 über die Zusammenarbeit zwischen den Gerichten der Mitgliedstaaten auf dem Gebiet der Beweisaufnahme in Zivil- oder Handelssachen

(
  Amtsblatt der Europäischen Gemeinschaften L 174 vom 27. Juni 2001
  )

(
  Amtsblatt der Europäischen Gemeinschaften L 174 vom 27. Juni 2001

Seite 5, Kapitel II Abschnitt 3 Artikel 11 Absatz 5:

anstatt:

„..., wenn das Recht des Mitgliedstaats des ersuchenden Gerichts dies vorsieht.“

muss es heißen:

„..., wenn das Recht des Mitgliedstaats des ersuchten Gerichts dies vorsieht.“

---
<PAGE>

                                                                   Exhibit 99.1
                                                                   ------------

      CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


I,  Victor  Salerno,  certify,  pursuant  to  18 U.S.C. Section 1350, as adopted
pursuant  to  Section  906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
Report  on Form 10-QSB of American Wagering, Inc. for the quarterly period ended
October  31, 2002 fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934 and that the information contained in the
Quarterly  Report  on  Form  10-QSB fairly presents in all material respects the
financial  condition  and  results  of  operations  of  American  Wagering, Inc


                                               /s/ Victor Salerno
                                      By:      ---------------------------------

                                      Name:    Victor Salerno

                                      Title:   Chief Executive Officer

                                      Date:    December 16, 2002



I, Timothy F. Lockinger, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant  to  Section  906 of the Sarbanes-Oxley Act of 2002, that the Quarterly
Report  on Form 10-QSB of American Wagering, Inc. for the quarterly period ended
October  31, 2002 fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934 and that the information contained in the
Quarterly  Report  on  Form  10-QSB fairly presents in all material respects the
financial  condition  and  results  of  operations  of  American  Wagering, Inc.


                                      By:      /s/ Timothy F. Lockinger
                                               ---------------------------------

                                      Name:    Timothy F. Lockinger

                                      Title:   Chief Financial Officer

                                      Date:    December 16, 2002
Metal Cleaning Formulation

NONE