alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Wanda E. SMITH-JETER, Plaintiff-Appellant, v. ARTSPACE EVERETT LOFTS CONDOMINIUM ASSOCIATION, Defendant-Appellee.

No. 16-35196

United States Court of Appeals, Ninth Circuit.

Submitted April 11, 2017 *

Filed April 24, 2017

*863Wanda E. Smith-Jeter, Pro Se

Randall Redford, Esquire, Puckett & Redford PLLC, Seattle, WA, Sidney Charlotte Tribe, Attorney, Talmadge/Fitz-patrick/Tribe, Seattle, WA, for Defendant-Appellee

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

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *863*See*Fed. R. App. P. 34(a)(2).

MEMORANDUM ***

Wanda E. Smith-Jeter appeals pro se from the district court’s summary judgment in her action alleging discrimination in violation of the Fair Housing Act (“FHA”), and related state law claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo summary judgment, *Doe v. Abbott Labs.,*571 F.3d 930, 933 (9th Cir. 2009), and for an abuse of discretion a district court’s decision on a motion to strike, *Whittlestone, Inc. v. Handi-Craft, Co.,*618 F.3d 970, 973 (9th Cir. 2010). We affirm.

The district court properly granted summary judgment on Smith-Jeter’s housing discrimination claim under Section 3604 of the FHA because Smith-Jeter failed to raise a genuine dispute of material fact as to whether similarly situated individuals were granted a benefit for which she was qualified and denied. *See McDonald v. Coldwell Banker,*543 F.3d 498, 503 (9th Cir. 2008) (elements of a prima face case for housing discrimination). Contrary to Smith-Jeter’s contention, the district court properly analyzed her allegations of discrimination as a disparate treatment claim.

The district court properly granted summary judgment on Smith-Jeter’s retaliation claim under Section 3617 of the Fair Housing Act because Smith-Jeter failed to raise a genuine dispute of material fact as to whether she was engaged in a protected activity or subjected to an adverse action because of her protected activity. *See Walker v. City of Lakewood,*272 F.3d 1114, 1128 (9th Cir. 2001) (elements of retaliation claim).

The district court properly granted summary judgment on' Smith-Jeter’s fraud claim Smith-Jeter failed to raise a genuine dispute of material fact as to whether defendants subjected her to any particular act of fraud. *See*Fed. R. Civ. P. 9(b); *Kearns v. Ford Motor Co.,*567 F.3d 1120, 1124 (9th Cir. 2009) (Rule 9(b) requires allegations of fraud to be specific enough to give defendants notice of their particular misconduct in order to defend against the charge).

The district court did not abuse its discretion in striking Smith-Jeter’s settlement letter from the record because the letter was inadmissible under Federal Rule of Evidence 408. *See Brocklesby v. United States,*767 F.2d 1288, 1292 (9th Cir. 1985) (Rule 408 bars-the admission of settlement' agreements to prove liability).

AFFIRMED.

***

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

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 975 Reported in Senate (RS)]

                                                       Calendar No. 322
104th CONGRESS
  2d Session
                                 S. 975

                          [Report No. 104-220]

To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
      coastwise trade for the vessel JAJO, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                June 28 (legislative day, June 19), 1995

  Mr. Chafee introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                            January 26, 1996

              Reported by Mr. Pressler, without amendment

_______________________________________________________________________

                                 A BILL

 
To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
      coastwise trade for the vessel JAJO, and for other purposes.

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

SECTION 1. VESSEL DOCUMENTATION.

    Notwithstanding section 27 of the Merchant Marine Act, 1920 (46 
U.S.C. App. 883), section 8 of the Act of June 19, 1886 (24 Stat. 81, 
chapter 421; 46 U.S.C. App. 289), and section 12106 of title 46, United 
States Code, the Secretary of Transportation may issue a certificate of 
documentation with appropriate endorsement for employment in the 
coastwise trade for the vessel JAJO, hull identification number 
R1Z200207H280, and State of Rhode Island registration number 388133.
                                     

                                                       Calendar No. 322

104th CONGRESS

  2d Session

                                 S. 975

                          [Report No. 104-220]

_______________________________________________________________________

                                 A BILL

To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
      coastwise trade for the vessel JAJO, and for other purposes.

_______________________________________________________________________

                            January 26, 1996

                       Reported without amendment
```
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0001006027
<NAME> BACOU USA, INC.
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<EXCHANGE-RATE>                                      1
<CASH>                                             703
<SECURITIES>                                         0
<RECEIVABLES>                                   26,782
<ALLOWANCES>                                     1,300
<INVENTORY>                                     27,809
<CURRENT-ASSETS>                                64,488
<PP&E>                                          47,017
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 285,075
<CURRENT-LIABILITIES>                           35,257
<BONDS>                                        107,086
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            17
<OTHER-SE>                                     124,404
<TOTAL-LIABILITY-AND-EQUITY>                   285,075
<SALES>                                         49,515
<TOTAL-REVENUES>                                49,515
<CGS>                                           24,699
<TOTAL-COSTS>                                   24,699
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 884
<INCOME-PRETAX>                                  1,700
<INCOME-TAX>                                       568
<INCOME-CONTINUING>                              1,132
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,132
<EPS-PRIMARY>                                     0.06
<EPS-DILUTED>                                     0.06
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedulecontains summary financial information extracted from the financial
Statements for 6 months dated March 31, 2000 and is qualified in its entirety by
reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               MAR-31-2000
<CASH>                                         383,348
<SECURITIES>                                         0
<RECEIVABLES>                                  182,921
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                               941,269
<PP&E>                                         274,385
<DEPRECIATION>                                 182,925
<TOTAL-ASSETS>                               4,314,095
<CURRENT-LIABILITIES>                           13,347
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     5,682,998
<OTHER-SE>                                 (1,382,250)
<TOTAL-LIABILITY-AND-EQUITY>                 4,314,095
<SALES>                                              0
<TOTAL-REVENUES>                             1,022,345
<CGS>                                                0
<TOTAL-COSTS>                                  413,300
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                609,044
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   609,044
<EPS-BASIC>                                       .084
<EPS-DILUTED>                                     .078





</TABLE>
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 April 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: May 6, 2010
|                  | 
|By:               |  | /s/ THEODORE A. BOUTACOFF            
|Name:             |  | Theodore A. Boutacoff                
|Title:            |  | President and Chief Executive Officer
|                  |  | (Principal Executive Officer)
#### UNITED STATES of America, Plaintiff-Appellee v. Rogelio ORTIZ-MARTINEZ, Defendant-Appellant

No. 16-41514 Summary Calendar

United States Court of Appeals, Fifth Circuit.

Filed July 10, 2017

Carmen Castillo Mitchell, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee

Marjorie A. Meyers, Federal Public Defender, Kayla R. Gassmann, Assistant Federal Public Defender, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant

Before JONES, WIENER, and CLEMENT, Circuit Judges.

PER CURIAM: *

Rogelio Ortiz-Martinez appeals the 77-month sentence imposed following his guilty plea conviction for being present in the United States following removal. He contends that the district court erred by *769enhancing his sentence under § 2L1.2(b)(1)(A)(ii) of the 2015 version of the Sentencing Guidelines. The enhancement was based on a determination that his conviction for burglary of a habitation under Texas Penal Code § 30.02 was equivalent to a conviction for the generic offense of “burglary of a dwelling.” Ortiz-Martinez argues that, in light of *Mathis v. United States,*— U.S. -, 136 S.Ct. 2243, 195 L.Ed.2d 604 (2016), § 30.02 defines a single indivisible offense too broad to meet that generic definition, and that the district court erred when it narrowed his offense of conviction using the modified categorical approach.

In *United States v. Conde-Castaneda,*753 F.3d 172, 175-76 (5th Cir. 2014), this court held that § 30.02 is a divisible statute and that courts may apply the modified categorical approach to determine which of the three subsections in § 30.02(a) formed the basis of a defendant’s conviction. This court reaffirmed that decision in *United States v. Uribe,*838 F.3d 667, 669-71 (5th Cir. 2016), *cert. denied,*— U.S. -, 137 S.Ct. 1359, 197 L.Ed.2d 542 (2017), specifically determining that *Mathis*did not alter its prior holding. Although Ortiz-Martinez contends that *Uribe*was wrongly decided, he concedes that his argument is foreclosed by that decision.

Accordingly, Ortiz-Martinez’s motion for summary disposition is GRANTED. The judgment of the district court is 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.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 95-8582
ELLIS HARVEY MARSEY, Petitioner - Appellant, versus JEB S. CREWS, Unit Supervisor, Respondent - Appellee.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Fox, Chief District Judge. (CA-95-518-5-HC-F) Submitted: August 15, 1996 Decided: August 20, 1996 Before MURNAGHAN and ERVIN, Circuit Judges, and BUTZNER, Senior Circuit Judge. Dismissed by unpublished per curiam opinion. Ellis Harvey Marsey, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant seeks to appeal the district court's order denying relief on his habeas corpus petition, 28 U.S.C. § 2254 (1988), as amended by Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214. We have reviewed the record and the district court's opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny a certificate of probable cause to appeal; to the extent that such a certificate of appealability is required, we deny such a certificate. We dismiss the appeal on the reasoning of the district court. Marsey v. Crews , No. CA-95-518-5-HC-F (E.D.N.C. Dec. 7, 1995). We further deny Appellant's motions for the appointment of counsel, to be heard as a pro se Appellant, and for relief from violations of rights. We dispense with oral argument because thefacts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Diabetes and Digestive and Kidney Diseases Special Emphasis Panel; Time-Sensitive Obesity Policy and Program Evaluation Review.                    

*Date:*                         March 22, 2022.                    

*Time:*                         11:00 a.m. to 12:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institutes of Health, 2 Democracy, 6707 Democracy Blvd., Bethesda, MD 20892 (Virtual Meeting).                    

*Contact Person:*                         Michele L. Barnard, Ph.D., Scientific Review Officer, Review Branch, Division of Extramural Activities, NIDDK, National Institutes of Health, Room 7353, 6707 Democracy Boulevard, Bethesda, MD 20892-2542, (301) 594-8898,                         *barnardm@extra.niddk.nih.gov*.                    

(Catalogue of Federal Domestic Assistance Program Nos. 93.847, Diabetes, Endocrinology and Metabolic Research; 93.848, Digestive Diseases and Nutrition Research; 93.849, Kidney Diseases, Urology and Hematology Research, National Institutes of Health, HHS)

Dated: February 17, 2022. 

David W. Freeman, 

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2022-03821 Filed 2-22-22; 8:45 am]

BILLING CODE 4140-01-P
# Fourth Court of Appeals

San Antonio, Texas

September 22, 2016

No. 04

- 16

- 00518

- CV

PAVING & SEAL PRO and Courtnay Brooks

,

Appellant s

v.

MCCONNELL CARS & RV, LLC

,

Appellee

From the 407th Judicial District Court, Bexar County, Texas

Tria l Court No. 2015

- CI

- 18929 Honorable David A. Canales, Judge Presiding



### O R D E R

The trial court clerk has filed a notification of late record, stating that the appellant has failed to pay or make arrangements to pay the fee for preparing the clerk ’ s record and that the appellant is not entitled to appeal without paying the fee

.

We, therefore, ORDER appellant to provide written proof to this court within ten days of the date of this order that either (1) the clerk ’ s fee has been paid or arrangements have be en made to pay the clerk ’ s fee; or (2) appellant is entitled to appeal without paying the clerk ’ s fee. If appellant fails to respond within the time provided, this appeal will be dismissed for want of prosecution. See T EX

. R. A PP

. P. 37.3(b); see also T EX

. R. A PP

. P. 42.3(c) (allowing dismissal of appeal if appellant fails to comply with an order of this court).

_________________________________ Karen Angelini, Justice

IN WITN ESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 22nd day of September, 2016

.

___________________________________ Keith E. Hottle
Clerk of Cou rt
# EUR-Lex - 32003D0435 - EN

Avis juridique important

*|*

# 32003D0435

**2003/435/EC: Commission Decision of 16 June 2003 repealing Decision 2002/182/EC approving the amended plan presented by Austria for the eradication of classical swine fever in feral pigs in Lower Austria (Text with EEA relevance) (notified under document number C(2003) 1833) **

*
Official Journal L 149 , 17/06/2003 P. 0032 - 0032 *

Commission Decision

of 16 June 2003

repealing Decision 2002/182/EC approving the amended plan presented by Austria for the eradication of classical swine fever in feral pigs in Lower Austria

(notified under document number C(2003) 1833)

(Only the German text is authentic)

(Text with EEA relevance)

(2003/435/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 2001/89/EC of 23 October 2001 on Community measures for the control of classical swine fever(1), and in particular the fifth subparagraph of Article 16(1) thereof,

Whereas:

(1) In 2000 classical swine fever was confirmed in the feral pig population in the Province of Lower Austria.

(2) By Commission Decision 2001/140/EC(2), the Commission approved the plan presented by Austria for the eradication of classical swine fever in the feral pig population in the Province of Lower Austria.

(3) By Commission Decision 2002/182/EC(3), the Commission approved the amended plan presented by Austria for the eradication of classical swine fever in the feral pig population in the Province of Lower Austria and accordingly repealed Decision 2001/140/EC.

(4) Austria has submitted information suggesting that classical swine fever in the feral pig population has been successfully eradicated in the Province of Lower Austria.

(5) It is therefore appropriate to repeal Decision 2002/182/EC.

(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

HAS ADOPTED THIS DECISION:

Article 1

Decision 2002/182/EC is repealed.

Article 2

This Decision is addressed to the Republic of Austria.

Done at Brussels, 16 June 2003.

For the Commission

David Byrne

Member of the Commission

(1) OJ L 316, 1.12.2001, p. 5.

(2) OJ L 50, 21.2.2001, p. 22.

(3) OJ L 61, 2.3.2002, p. 55.
<PAGE>
                                                                 EXHIBIT 10.45a




December 19, 2001

Mr. Burt August
AA&L Associates
c/o Monro Muffler/Brake
200 Holleder Parkway
Rochester, NY 14615

RE:      Agreement between AA&L Associates, L.P. (Landlord) and Monro Muffler/
         Brake, Inc. (Tenant) for premises situate at 2375 Harlem Road,
         Cheektowaga, NY [MMB #52]

Dear Burt:

Per our conversation, please be informed that Monro Muffler/Brake, Inc. and
AA&L Associates are interested in formalizing an agreement providing for a five
year option period to extend said term beyond its current expiration date of
June 30, 2007. The rent for said renewal period shall be $5,445.00 per month.

Tenant shall provide to Landlord six (6) months written notice of its intent to
exercise said renewal option. The option period, if exercised, shall run from
July 1, 2007 through June 30, 2012.

If this meets with your approval, please sign both copies and return one copy to
my attention.

If you have any questions relative to this matter, please do not hesitate to
contact me at 647-6400 ext. 384.

Yours truly,


Thomas M. Aspenleiter
VP Real Estate

TMA:mc

As evidenced by my signature, I agree to the above terms and conditions.

/s/ Burt August
----------------------------                                  -----------------
Burt August Sr.                                               Date