alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Kay BURDEN, Plaintiff-Appellant, v. BAR LOUIE ANAHEIM, INC., DBA Bar Louie, Defendant-Appellee.

No. 16-55371

United States Court of Appeals, Ninth Circuit.

Submitted May 12, 2017 * Pasadena, California

Filed May 16, 2017

Brooke Bove, John Anthony Montevideo, Attorney, DiMarco Araujo & Montevideo, Santa Ana, CA, for Plaintiff-Appellant

Jacqueline Dewarr, Attorney, Todd Christopher Worthe, Esquire, Counsel, Worthe, Hanson & Worthe, Santa Ana, CA, for Defendant-Appellee

Before: KOZINSKI and OWENS, Circuit Judges and WILKEN,** Senior 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 Claudia Wilken, Senior District Judge for the U.S. District Court for the Northern District of California, sitting by designation.

MEMORANDUM ***

Kay Burden appeals the district court’s decision to grant summary judgment for Bar Lquie Anaheim, Inc. (BLA) in this diversity 'slip-and-fall case. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Burden argues that the district court erred when it admitted Kerry Paredes’ declaration into evidence. Paredes was not identified as a witness in BLA’s initial disclosures. If a party fails to provide information or identify a witness as required by Federal Rule of Civil Procedure 26(a), “the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless.” Fed. R. Civ. P. 37(c)(1); *see also Yeti by Molly, Ltd. v. Deckers Outdoor Corp.,*259 *F.3d*1101, 1106-07 (9th Cir. 2001). The standard of review for a district court’s decisions concerning Rule 37 sanctions is abuse of discretion. *See Ollier v. Sweetwater Union High Sch. Dist.,*768 F.3d 843, 859 (9th Cir. 2014).

BLA’s failure to identify Paredes in its initial disclosures was harmless. Considering *de novo*the evidence that BLA provided in discovery, *see Brunozzi v. Cable Commc’ns, Inc.,*851 F.3d 990, 995 (9th Cir. 2017), in the light most favorable to Burden as the non-movant on summary judgment, *see*Fed. R. Civ. P. 56; *Celotex Corp. v. Catrett, 477*U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); *Eisenberg v. Ins. Co. of N. Am.,*815 F.2d 1285, 1288-89 (9th Cir. 1987), it can be inferred that BLA did not control Bar Louie after the sale and therefore was not the right defendant. *See Kesner v. Superior Court,*1 Cal.5th 1132, 1158, 210 Cal.Rptr.3d 283, 384 P.3d 283 (2016). Accordingly, Paredes’ declaration was necessary only to authenticate the documents. But Burden had been given the documents previously and does not dispute their authenticity. She offered no evidence that BLA controlled the property. The district court did not abuse its *343discretion by admitting Paredes’ declaration and its attachments, and the court correctly granted summary judgment for BLA.

AFFIRMED.

***

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3,
NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE

.

IN THE 

## A RIZONA 

## C OURT OF 

## A PPEALS

D IVISION O NE

STATE OF ARIZONA , Respondent ,

v.

GARY FRANCIS RICHTER , Petitioner

. N o . 1 CA

- CR 17

- 0496 PRPC

Petition for Review from the Superior Court in Maricopa County

No. CR2004

- 037069

- 002 The Honorable M. Scott McCoy , Judge
REVIEW GRANTED; RELI EF DENIED

COUNSEL Maricopa County Attorney’s Office , Phoenix By Diane Meloche Counsel for Respondent Gary Francis Richter, Kingman Petitioner

MEMORANDUM DECISION Presiding Judge Jon W. Thompson, Judge Peter B. Swann , and Judge James P. Beene delivered the decision of the Court. FILED 3-6-2018STATE v. RICHTER Decision of the Court

2 P E R C U R I A M : ¶1 Petitioner Gary Francis Richter seeks review of the superior court’s order denying his petition for post

- convi ction relief , filed pursuant to Arizona Rule of Criminal Procedure 32.1

. This is the petitioner’s second successive petition. ¶2 Absent an abuse of discretion or error of law, this Court will not disturb a superior court’s ruling on a petition for post

- conviction relief. State v. Gutierrez , 229 Ariz. 573, 576

- 77, ¶ 19 (2012). It is the petitioner’s burden to show that the superior court abused its discretion in denying the petition. See State v. Poblete , 227 Ariz. 537, 538, ¶ 1 (App. 2011). ¶3 We have reviewed the record in this matter, the superior court’s order denying the petition for post

- conviction relief, and the petition for r eview. We find t hat petitioner has not shown an abuse of discretion. ¶4 Accordingly, we grant review and deny relief.
```

[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Notices]
[Pages 41028-41029]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-16336]

=======================================================================
-----------------------------------------------------------------------

COMMISSION ON CIVIL RIGHTS

Agenda and Notice of Public Meeting of the Massachusetts Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights (Commission), and 
the Federal Advisory Committee Act (FACA), that a planning meeting of 
the Massachusetts Advisory Committee to the Commission will convene at 
12:00 p.m. (ET) on Wednesday, July 24, 2013, at the McCarter and 
English Law Office, 265 Franklin Street, Boston, MA 02110. The purpose 
of the meeting is for project planning.
    Members of the public are entitled to submit written comments. The 
comments must be received in the regional office by Monday, August 26, 
2013. Comments may be mailed to the Eastern Regional Office, U.S. 
Commission on Civil Rights, 1331 Pennsylvania Avenue, Suite 1150, 
Washington, DC 20425, faxed to (202) 376-7548, or emailed to 
ero@usccr.gov. Persons who desire additional information may contact 
the Eastern Regional Office at 202-376-7533.
    Persons needing accessibility services should contact the Eastern 
Regional Office at least 10 working days before the scheduled date of 
the meeting.

[[Page 41029]]

    Records generated from this meeting may be inspected and reproduced 
at the Eastern Regional Office, as they become available, both before 
and after the meeting. Persons interested in the work of this advisory 
committee are advised to go to the Commission's Web site, 
www.usccr.gov, or to contact the Eastern Regional Office at the above 
phone number, email or street address.
    The meetings will be conducted pursuant to the provisions of the 
rules and regulations of the Commission and FACA.

    Dated in Washington, DC, on July 2, 2013.
David Mussatt,
Acting Chief, Regional Programs Coordination Unit.
[FR Doc. 2013-16336 Filed 7-8-13; 8:45 am]
BILLING CODE 6335-01-P
```
Exhibit 31

CERTIFICATION

I, Barry Bennett, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Advanced ID
Corporation.

2. Based on my knowledge, the quarterly report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present, in all material
respects, the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

4. The registrant's other certifying officers and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-14 and 15d-14) for the registrant and we have:

(a) Designed such disclosure controls and procedures to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others within those entities, particularly during the
period in which this quarterly report is being prepared;

(b) Evaluated the effectiveness of the registrant's disclosure controls and
procedures as of a date within 90 days prior to the filing date of this
quarterly report (the "Evaluation Date"); and

(c) Presented in this quarterly report our conclusions about the effectiveness
of the disclosure controls and procedures based on our evaluation as of the
Evaluation Date;

5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation, to the registrant's auditors and the registrant's board
of directors (or persons performing the equivalent function):

(a) All significant deficiencies in the design or operation of internal controls
which could adversely affect the registrant's ability to record, process,
summarize and report financial data and have identified for the registrant's
auditors any material weaknesses in internal controls; and

(b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls; and

6. The registrant's other certifying officers and I have indicated in this
quarterly report whether or not there were significant changes in internal
controls or in other factors that could significantly affect internal controls
subsequent to the date of our most recent evaluation, including any corrective
actions with regard to significant deficiencies and material weaknesses.

Date:  November 12, 2004

/s/Barry Bennett
Barry Bennett, Chief Executive Officer

<PAGE>
QuickLinks
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Exhibit 10.3    
  


 
 

INDEPENDENT AUDITORS' CONSENT    
  


        We consent to the incorporation by reference in Registration Statement No. 333-65454 of PDVSA Finance Ltd. and Petróleos
de Venezuela, S.A. on Form F-3, of our report with respect to PDV Holding, Inc. dated March 8, 2002 appearing in the Annual Report on Form 20-F of
Petróleos de Venezuela, S.A. for the year ended December 31, 2001. 


/s/
Deloitte & Touche LLP

Tulsa, Oklahoma

June 13, 2002 









QuickLinks



Exhibit 10.3


INDEPENDENT AUDITORS' CONSENT
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 12**  **- 7737** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. GEMINI BOYD, a/k/a Jaraun Boyd, a/k/a Gemini , Defendant

- Appellant
.

Appeal from the United States District Court for the Western District of North Carolina , at Charlotte
. Frank D. Whitney , District Judge. ( 3:96

- cr - 00134

- FDW

- 4 )

Submitted : December 13 , 2012 Decided: December 19, 2012

Before MOTZ, WYNN , and FLOYD , Circuit Judges.

Affirmed by un published per curiam opinion
. Gemini Boyd, Appellant Pro Se. Amy Elizabeth Ray, Assistant United States Attorney, Asheville, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circui t.2 PER CURIAM: Gemini Boyd appeals the district court ’ s text order denying his motion to take judicial notice of his pro se motions
as moot
. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the d istrict court. United States v. Boyd , No. 3:96

- cr - 00134

- FDW

- 4 (W.D.N.C. Sept. 5, 2012). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before th is court and argument would not aid the deci sional process.

AFFIRMED
# EUR-Lex - 32001D0733 - EN

Avis juridique important

*|*

# 32001D0733

**2001/733/EC: Commission Decision of 10 October 2001 amending Decision 94/85/EC to authorise imports of fresh poultry meat from Latvia (Text with EEA relevance) (notified under document number C(2001) 3017) **

*
Official Journal L 275 , 18/10/2001 P. 0017 - 0018 *

Commission Decision

of 10 October 2001

amending Decision 94/85/EC to authorise imports of fresh poultry meat from Latvia

(notified under document number C(2001) 3017)

(Text with EEA relevance)

(2001/733/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 91/494/EEC of 26 June 1991 on animal health conditions governing intra-Community trade in and imports from third countries of fresh poultry meat(1), as last amended by Directive 1999/89/EC(2), and in particular Article 9(1) thereof,

Whereas:

(1) Commission Decision 94/85/EC(3), as last amended by Decision 2001/299/EC(4), established a list of third countries from which importation of fresh poultry meat is authorised.

(2) Latvia has requested to be authorised to export fresh poultry meat to the Community and has submitted satisfactory guarantees.

(3) An inspection carried out by the Commission's services to Latvia in March 2001 has shown that Latvia is covered by sufficiently well structured and organised veterinary services in particular regarding the animal health status concerning poultry.

(4) Decision 94/85/EC should therefore be amended by adding Latvia to the list in the Annex thereto. For the sake of clarity the Annex should be replaced in its entirety.

(5) The measures provided for in this Decision are in accordance with the opinion of the Veterinary Standing Committee,

HAS ADOPTED THIS DECISION:

Article 1

The Annex to Decision 94/85/EC is replaced by the Annex to this Decision.

Article 2

This Decision is addressed to all Member States.

Done at Brussels, 10 October 2001.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 268, 24.9.1991, p. 35.

(2) OJ L 300, 23.11.1999, p. 17.

(3) OJ L 44, 17.2.1994, p. 31.

(4) OJ L 102, 12.4.2001, p. 69.

ANNEX

"ANNEX

Imports from countries on this list must fulfil the relevant animal and public health requirements.

>TABLE>"
##### 



Exhibit 12.2
 Certification
Pursuant to Section 302 of the Sarbanes Oxley Act of 2002
Rule 13a-14(a) or Rule 15d-14(a) of the Securities Exchange Act of 1934
  1.
    
    I have reviewed this annual report on Form 20-F of Grupo Aeroportuario del Centro
Norte, S.A.B. de C.V.;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in light of
the circumstances under which such statements were made, not misleading with respect to the
period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the company as of, and for, the periods presented
in this report;4.
    
    The companys other certifying officer(s) and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e)
and 15d-15(e)) for the company and have:
 (a)
    
    Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the company, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;(b)
    
    Evaluated the effectiveness of the companys disclosure controls
and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and(c)
    
    Disclosed in this report any change in the companys internal
control over financial reporting that occurred during the period covered by the
annual report that has materially affected, or is reasonably likely to materially
affect, the companys internal control over financial reporting; and
 
 1




---



##### 



5.
    
    The companys other certifying officer(s) and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the companys auditors and the
audit committee of the companys board of directors (or persons performing the equivalent
functions):
 (a)
    
    All significant deficiencies and material weaknesses in the design
or operation of internal control over financial reporting which are reasonably
likely to adversely affect the companys ability to record, process, summarize
and report financial information; and(b)
    
    Any fraud, whether or not material, that involves management or
other employees who have a significant role in the companys internal control
over financial reporting.
 Dated: July 2, 2007
    By:
    /s/ Ruben Gerardo López BarreraName:
    Ruben Gerardo López BarreraTitle:
    Chief Executive Officer 2
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 on Form 10-Q of
Gensym Corporation (the Company) for the period ended June 30, 2003 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Lowell B. Hawkinson, Chief Executive Officer and
Principal Financial Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350, 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 the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------



Dated: August 14, 2003

/S/  LOWELL B.
HAWKINSON

Lowell B.
Hawkinson

Chief Executive Officer and Principal

Financial Officer
# L_2015181EN.01008401.xml

| 9.7.2015 | EN | Official Journal of the European Union | L 181/84 |
| --- | --- | --- | --- |

9.7.2015

EN

Official Journal of the European Union

L 181/84

---

Corrigendum to Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses

(
  Official Journal of the European Communities L 82 of 22 March 2001
  )

(
  Official Journal of the European Communities L 82 of 22 March 2001

On page 18, Article 6(1), second subparagraph, first line:

for:

‘The first subparagraph shall not supply if, under the laws, ...’,

read:

‘The first subparagraph shall not apply if, under the laws, ...’.

---
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D19-3072

_____________________________

THOMAS SIMS,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Leon County.

Francis Allman, Judge.

September 23, 2020

PER CURIAM.

AFFIRMED.

RAY, C.J., and BILBREY and JAY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Andy Thomas, Public Defender, and Kevin Steiger, Assistant 

Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Damaris E. Reynolds, 

Assistant Attorney General, Tallahassee, for Appellee.
Court of Appeals

DEC 2 i 2015

Lisa Matt

Cleric, 5th District

December 21, 2015

Lisa Matz, Clerk

Fifth Court of Appeals

500 Commerce Street, Suite 200

Dallas, TX 75202

Re: Case No. 05-15-00956-CV

Dear Ms. Matz:

Please find attached an Amended Motion to the filing of Friday, December 18, 2015.

The request for extension of time to obtain recordings from a March 2015 hearing are

withdrawn. Ms. Dugger of the 296th District Courtwill send the recordings for the last

hearing that are due today to your courts.

I retain the motion for extension of time to reply to defendants' filings, if necessary,

although Ihave replied to some ofthese filings. Irequest that the alloted timeof a

month be granted me to supplement the briefthat was filed with the references from

the records and recordings only gained within the last week.

Please do not make any opinions or judgments or dismiss this case. Asupplemental

brief will be filed within a month and I hope to gain legal help with this case.

Thank you for all of your considerations. I'm grateful for any help from the court of

appeals with this cause.

Sincerely yours,

Susan Ann Fishe

Pro Se Plaintiff

P. O. Box 460461
SAF

enclosure

Garland, TX 75046

susanfisher972@yahoo.com

214-730-2578
**Exhibit
      32**





CERTIFICATION
      PURSUANT TO


18
      U.S.C.
      SECTION 1350


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002





Michael
      D. Mathews, Chief Executive Officer of Customer Acquisition Network
      Holdings, Inc. (the “Company”) and Bruce G. Kreindel, Chief Financial
      Officer of the Company, certify under the standards set forth and solely for
      the
      purposes of 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, that, to their knowledge, the Annual Report on
      Form
      10-KSB of the Company for the fiscal year ended December 31, 2007, fully
      complies with the requirements of Section 13(a) or 15(d) of the Securities
      Exchange of 1934 and information contained in that Form 10-KSB fairly presents,
      in all material respects, the financial condition and results of operations
      of
      the Company:





(1)
            The
                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 Report fairly presents, in all material
                respects, the financial condition and results of operations of the
                Company.




Dated: April
                15, 2008/s/ Michael
                D. Mathews
            
            
            /s/ Bruce
                G. KreindelMichael
                D. Mathews, CEO
            
            
            Bruce
                G. Kreindel, CFO




A
      signed
      original 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.