alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Kevin E. GILMORE, Plaintiff-Appellant, v. WELLS FARGO BANK, NA; NDEX West, LLC, Defendants-Appellees.

No. 15-17395

United States Court of Appeals, Ninth Circuit.

Submitted July 11, 2017*

Filed July 17, 2017

Kevin E. Gilmore, Pro Se

Robert A. Bailey, Jeremy E. Shulman, Attorney, Robert Collings Little, Esquire, Attorney, Anglin Flewelling Rasmussen Campbell & Trytten, LLP, Pasadena, CA, for Defendant-Appellee Wells Fargo Bank, NA

James Thomas Lee, Edward A. Treder, Attorneys, Barrett Daffin Frappier Treder & Weiss, LLP, Diamond Bar, CA, for Defendant-Appellee NDEX West, LLC

Before: CANBY, KOZINSKI, and HAWKINS, Circuit Judges,

*

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

MEMORANDUM **

Kevin E, Gilmore appeals pro se from the district court’s summary judgment and dismissal order in his diversity action arising from foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. *Living Designs, Inc. v. E.I. Dupont de Nemours & Co.,*431 F.3d 353, 360 (9th Cir. 2005). We affirm.

The district court properly granted summary judgment on Gilmore’s claim under the California Homeowner’s Bill of Rights statute because Gilmore failed to raise a genuine dispute of material fact as to whether his property was “owner-occupied” and his loan modification application was complete. *See*Cal. Civ. Code § 2923.6(c) (a mortgage servicer may not record a notice of default or notice of sale while a complete first lien loan modification application is pending); *id.*§ 2924.15 (limiting application of section 2923.6 to residential property that is “owner-occupied”); *see also Valbuena v. Ocwen Loan Servicing, LLC,*237 Cal.App.4th 1267, 188 Cal.Rptr.3d 668, 671 (2015) (discussing elements of a statutory violation of the California Homeowner’s Bill of Rights).

The district court properly dismissed as time-barred Gilmore’s fraud claim relating to insurance premiums because Gilmore filed this action after the applicable statute of limitations had run. *See*Cal. Civ. Proc. Code § 338(d) (fraud claims subject to three-year statute of limitations).

We reject as without merit Gilmore’s contention that the district court violated *680his First Amendment rights by resolving Wells Fargo’s motions on the briefs. *See*Fed. R. Civ. P. 78(b) (“By rule or order, the court may provide for submitting and determining motions on briefs, without oral hearings.”).

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).

We do not consider documents not filed with the district court. *See United States v. Elias,*921 F.2d 870, 874 (9th Cir. 1990) (“Documents or facts not presented to the district court are not part of the record on appeal.”).

Gilmore’s request for a refund of his payment of insurance premiums, set forth in his opening brief, is denied,

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 ACTS OF 2002


In connection with the Quarterly Report of Wireless Xcessories Group, Inc. (the
"Company") on Form 10-Q for the quarter ended September 30, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the Report"), I
Stephen Rade, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, to the best of my knowledge, that:

(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.


                                             By /s/ Stephen Rade
                                             ------------------------------
                                             Stephen Rade
                                             Chief Executive Officer
                                             November 9, 2004
Exhibit 31.1

CERTIFICATION

I, William J. Fox, certify that:

1. I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this
report on Form 10-K of the Corporate Backed Callable Trust Certificates, J.C. Penney Debenture-Backed Series 2006-1 Trust (the Exchange Act periodic reports);

2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic
reports;

4. Based on my knowledge and the servicer compliance statement required in this report under Item 1123 of
Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicer has fulfilled its obligations under the servicing, or similar, agreement in all material respects; and

5. All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation
reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an
exhibit to this report, except as otherwise disclosed in this report. Based on my knowledge there were no material instances of noncompliance described in such reports.

In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated party: U.S. Bank National Association, as Trustee.

Date: March 31, 2011





|       |  |                                                                                                                   
|------ |  | ------------------------------------------------------------------------------------------------------------------
|By:    |  | /s/ William J. Fox                                                                                                
|Name:  |  | William J. Fox                                                                                                    
|Title: |  | Chief Financial Officer and Executive Vice President (Senior Officer in charge of securitization of the Depositor)
**Annual
      Compliance Statement**





VIA:
      EMAIL





J.P.
      Morgan Chase Commercial Mortgage Securities Corp.


270
      Park
      Avenue, 10th Floor


New
      York,
      New York 10017





Re:
      Pooling and Servicing Agreement (the "Agreement"), dated as of November 28,
      2006, among J.P. Morgan Chase Commercial Mortgage Securities Corp., as
      Depositor, Wells Fargo Bank, N.A., as Master Servicer, LNR Partners, Inc.,
      as
      Special Servicer, and LaSalle Bank National Association, as Trustee and Paying
      Agent, relating to J.P. Morgan Chase Commercial Mortgage Securities, Commercial
      Mortgage Pass Through Certificates, Series 2006-CIBC17.





I,
      Barbara L. Marik, a First Vice President of LaSalle Bank National Association,
      as Trustee and Paying Agent hereby certify that:





(1)
      A
      review of the activities of the Trustee and Paying Agent during the preceding
      calendar year and of the performance of the Trustee and Paying Agent under
      the
      Agreement has been made under my supervision; and





(2)
      To
      the best of my knowledge, based on such review, the Trustee and Paying Agent
      has
      fulfilled all its obligations under the Agreement in all material respects
      throughout such year or a portion thereof.








Date: February
      1, 2007








LaSalle
      Bank National Association, as Trustee and Paying Agent








/s/
      Barbara L Marik


Barbara
      L. Marik


First
      Vice President
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

I, Theodore A. Boutacoff, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, certify that the Quarterly Report of IRIDEX Corporation on Form 10-Q for the fiscal quarter ended July 3, 2010 (i) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and
(ii) that information contained in such Quarterly Report on Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of IRIDEX Corporation.



|                     |  |                                      
|-------------------- |  | -------------------------------------
|Date: August 5, 2010
|                     | 
|By:                  |  | /s/ THEODORE A. BOUTACOFF            
|Name:                |  | Theodore A. Boutacoff                
|Title:               |  | President and Chief Executive Officer
|                     |  | (Principal Executive Officer)
CONSENT OF INDEPENDENT ACCOUNTANTS






We hereby consent to the use in this Annual Report on Form 10-K of Cortronix Biomedical Advancement Technologies Inc. (formerly Pana-Minerales S.A.) for the year ended August 31, 2012, of our report dated December 12, 20111 relating to the financial statements for the years ended August 31, 2011 and 2010, and for the period from October 4, 2006 (date of inception) to August 31, 2011 listed in the accompanying index.




/s/ Madsen & Associates CPA’s, Inc.



Madsen & Associates CPA’s, Inc.

Murray, Utah

December 14, 2012
Note to Docket EPA

- HQ

- OPA

- 2006

- 0090

Call with Exxon Mobil Representatives 3/12/2015; 1 hour

EPA staff participated in a call with representatives from the ExxonMobil to discuss issues related to the Subpart J proposed amendments and the comment period. The focus of the discussion was on the proposed amendments that would establish toxicity threshol ds for listing products on the Subpart J Product Schedule. The questions were on the availability of existing toxicity data, based on the proposed toxicity testing procedures, relative to the proposed test oils and dispersants currently on product
schedule . Exxon Mobil representatives expressed concerns regarding the availability of the test oils for them to perform some independent testing, the variability of the toxicities within different samples of the same oil, and the potential impact on the threshold s for listing products on the Schedule given that variability. EPA informed Exxon Mobil that it decided against granting the public comment period extension requests for this action and requested any concerns be included in their comments on the proposed a ction.

Exxon Mobil Participants: Tom Coolbaugh Erik Demicco Tim Nedwed Tom Parkerton

EPA Participants: Robyn Conmy Craig Matthiessen Vanessa Principe Greg Wilson
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER G RANTING R EHEARING

Appellate case name: NLD, Inc. v. Kenny Huang a/k/a Kenny Hsieh

- Huang

Ap pellate case number: 01

- 1 7

- 00 885

- CV

Trial court case number: 201 7

- 020259

Trial court: 33 3rd District Court of Harris County

The court grants Appellee Kenny Huang’s motion for rehearing and vacates its opinion

and judgment dated December 6, 2018. Appellee Kenny Huang’s motion for en banc

reconsideration is moot.

The court will issue a separate o rder scheduling this case for oral argument.

Justice’s signature: /s/ Evelyn Keyes

Acting for the Court

Panel consists of: Justices Keyes and Lloyd

Date: February 14 , 201 9
#### UNITED STATES of America, Plaintiff-Appellee, v. Louis Gabriel ARCHULETA, Defendant-Appellant.

No. 16-1453

United States Court of Appeals, Tenth Circuit.

Filed April 6, 2017

Karl L. Schock, Office of the United States Attorney, District of Colorado, Denver, CO, for Plaintiff-Appellee

Grant Russell Smith, Office of the Federal Public Defender, Districts of Colorado and Wyoming, Denver, CO, for Defendant-Appellant

Before MATHESON, BACHARACH, and PHILLIPS, Circuit Judges.

ORDER DENYING CERTIFICATE OF APPEALABILITY *

Per Curiam

This matter is before us on Appellees’ *Unopposed Motion for Summary Denial of Certificate of Appealability.*The United States moves for summary denial of a certificate of appealability based on the Supreme Court’s decision in *Beckles v. United States, —*U.S. -, 137 S.Ct. 886, 197 L.Ed.2d 145 (2017). Appellant Louis Gabriel Archuleta does not oppose the motion

*719Upon consideration, the motion is granted. A certificate of appealability is DENIED, and this matter is DISMISSED.

*

 This order is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. Fed. R. App. P. 32.1; 10th Cir. R. 32.1.
Request for Information Thunderlab Digital Media LLC (FAA-2015-5480) 

9-AWA-AVS-333Exemptions (FAA) 

Dear Mr. Stegmeyer: 

This letter is to inform you that the following information is missing from your petition (Docket No. FAA-2015-5480).

This information is necessary for the Federal Aviation Administration (FAA) to process your petition.

z Describe the aircraft make(s), model(s), and type (s)(i.e. - fixed-wing,rotorcraft, lighter-than-air) for the proposed 

UAS operation. The description(s) should include the maximum weight (including payload) and power source 

(i.e. battery/gas/propane-powered). This information can be located in the aircraft manual(s).

Please submit the additional information (non-proprietary) to your docket at www.regulations.gov. Once your 

information has been submitted, please also send a copy of the requested information (and any proprietary 

information), as well as your comment tracking number from regulations.gov via e-mail to 333exemptions@faa.gov. If

you want us to process your request any further, we must receive the information described above by January 28, 

2016. If we do not receive the information, we will close the docket without notifying you further.

If you have any questions, please feel free to contact me at (202) 267-2999.

FAA Office of Rulemaking

Sent: Thursday, January 14, 2016 7:36 AM 

To: andy@thunderlab.com
Order entered February 7, 2023

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-22-01002-CR

EX PARTE: JEREMY MICHAEL LIEBBE

On Appeal from the County Court at Law No. 2

Kaufman County, Texas

Trial Court Cause No. 19-90392-CC2-M

ORDER

The State’s second motion for extension of time to file brief is GRANTED, 

and we ORDER the brief filed on or before MARCH 6, 2023.

/s/ ERIN A. NOWELL

JUSTICE
I 

118TH CONGRESS 

2D SESSION H. R. 6978 

To establish incentive pay for positions requiring specialized skills to combat 

fentanyl trafficking, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 11, 2024 

Mr. NEGUSE (for himself and Ms. LEE of Florida) introduced the following 

bill; which was referred to the Committee on Oversight and Accountability 

A BILL 

To establish incentive pay for positions requiring specialized 

skills to combat fentanyl trafficking, 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Combating Online 

5 Fentanyl Trafficking Act’’. 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•HR 6978 IH

1 SEC. 2. INCENTIVE PAY AUTHORITIES FOR POSITIONS RE2 QUIRING SPECIALIZED SKILLS TO COMBAT 

3 FENTANYL TRAFFICKING. 

4 (a) DEFINITION.—In this Act, the term ‘‘cyber 

5 skills’’ means expertise in computers, computer networks, 

6 information technology, or the internet. 

7 (b) INCENTIVE PAY.—Subject to the availability of 

8 appropriations, and in accordance with the comparable 

9 level of the General Schedule, the Attorney General shall 

10 provide incentive pay, in an amount that is not more than 

11 25 percent of the basic pay of the individual, to any indi12 vidual appointed to a position in the Department of Jus13 tice that requires significant cyber skills to aid in the de14 tection, prevention, or prosecution of fentanyl trafficking. 

15 (c) LIMITATIONS.—Any incentive pay received under 

16 subsection (b) by an individual in a position in the Depart17 ment of Justice— 

18 (1) shall be disregarded in calculating the ag19 gregate of the basic pay and premium pay paid to 

20 the individual for purposes of the pay period limita21 tion and the annual limitation under section 5547 of 

22 title 5, United States Code; and 

23 (2) shall be treated as part of basic pay for 

24 purposes of section 8331(3) of title 5, United States 

25 Code. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
<TABLE> <S> <C>

<ARTICLE> 9
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<NAME> JACKSONVILLE BANCORP, INC.
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<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM UNAUDITED
CONDENSED FINANCIAL STATEMENTS AS OF AND FOR THE NINE MONTHS ENDED SEPTEMBER 30,
1996 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH 10-Q FILING.
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<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
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