alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Charles G. KINNEY, Plaintiff-Appellant, v. Tyson TAKEUCHI; Michele Clark, Defendants-Appellees.

No. 16-56733

United States Court of Appeals, Ninth Circuit.

Submitted December 18, 2017 *

Filed December 28, 2017

Charles G. Kinney, Pro Se

Eric Chomsky, Esquire, Attorney, Marcus & Enowitz, Los Angeles, CA, for Defendants-Appellees

Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2). Kinney’s request for oral argument, set forth in the opening brief, is denied.

*415MEMORANDUM **

Charles G. Kinney appeals pro se from the district court’s order dismissing his action alleging violations of the Fair Debt Collection Practices Act and the Racketeer Influenced and Corrupt Organizations Act. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a sua sponte dismissal for failure to state a claim. *Barrett v. Belleque,*544 F.3d 1060, 1061 (9th Cir. 2008). We may affirm on any basis supported by the record. *Johnson v. Riverside Healthcare Sys., LP,*534 F.3d 1116, 1121 (9th Cir. 2008). We affirm.

Dismissal of Kinney’s action was proper under the *Rooker-Feldman*doctrine because Kinney’s claims constitute a “de fac-to appeal” of prior state court judgments, or are “inextricably intertwined” with those judgments. *See Noel v. Hall,*341 F.3d 1148, 1163-65 (9th Cir. 2003) (discussing application of the *Rooker-Feldman*doctrine); *see also Henrichs v. Valley View Dev.,*474 F.3d 609, 616 (9th Cir. 2007) (holding that *Rooker-Feldman*doctrine barred claim for injunction based on allegedly erroneous and “void” state court judgment because “[gjranting the injunction would require the district court to determine that the state court’s decision was wrong and thus void”).

The district court did not abuse its discretion by dismissing the complaint without leave to amend because amendment would be futile. *Cervantes v. Countrywide Home Loans, Inc.,*656 F.3d 1034, 1041 (9th Cir. 2011) (setting forth standard of review and explaining that dismissal without leave to amend is proper when amendment would be futile).

We reject as without merit -Kinney’s challenges to the district court’s interlocutory orders, including the orders regarding venue, transfer, and relation of cases.

We reject as unsupported by the record Kinney’s contention that the district judge was biased.

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

. Appellees’ requests for sanctions and for leave to fíle a motion for a vexatious litigant pre-filing review order against Kinney, set forth in the answering brief, are denied.

Appellees’ corrected motion to take judicial notice (Docket Entry No. 18) is granted.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Exhibit
4.2 


 


SECOND
AMENDMENT TO SUBORDINATED CONVERTIBLE NON-REDEEMABLE SECURED NOTE


 


This
Second Amendment (the “Second Amendment”) to Subordinated Convertible Non-Redeemable Secured Note dated April 21,
2017 (as amended on December 6, 2017, the “Note”), is entered into as of December 12, 2017 (the “Execution Date”),
by and between Reed’s Inc., a Delaware corporation (the “Company”) and the undersigned holder (“Holder”)
of that certain Note in the original principal amount of THREE MILLION FOUR HUNDRED THOUSAND DOLLARS ($3,400,000.00). Capitalized
terms used herein without definition shall have the respective meanings set forth in the Note. In the event of an inconsistency
between this Second Amendment and the Note, this Second Amendment shall govern to the extent of such inconsistency.


 


WHEREAS,
the Company and Holder have agreed to modification of the Note as set forth herein, subject to the closing of the Company’s
concurrent rights offering (“Rights Offering”) conducted pursuant its Registration Statement of Form S-1 filed October
23, 2017, amended November 21, 2017, December 1, 2017 and December 4, 2017 and declared effective on December 4, 2017; and


 


WHEREAS,
the Company and Holder desire that all terms and provisions of the Note not specifically modified by this Second Amendment remain
unaltered and in full force and effect as written in the Note.


 


NOW
THEREFORE, in consideration of their mutual covenants and obligations contained herein, the Company and Holder, agree as follows:


 


1. Conversion
Price. The Conversion Price shall be $1.50.


 


2.  No
Other Changes. Except as set forth herein, all other terms and conditions contained in the Note that are not
changed, amended or modified through this Second Amendment shall remain unchanged and in full force and effect.


 


3.  Closing.
This Second Amendment will be effective upon the expiration date of the Rights Offering. If the Rights Offering is cancelled
or terminated for any reason, this Amendment will expire, the parties will have no further obligations to each
other hereunder, and the terms of the original Note will continue in full force and effect.


            
  


SIGNATURE
PAGE FOLLOWS


 




    	 	 	 



     


    


 


IN
WITNESS WHEREOF, this Second Amendment has been duly executed by or on behalf of each of the parties as of the date first
written above


 


REED’S
INC.,





a
Delaware corporation


 


	By:	/s/
    Valentin Stalowir	 
	Name:	Valentin
    Stalowir	 
	Its:	Chief
    Executive Officer	 


 


	 	HOLDER:
	 	 
	 	RAPTOR/HARBOR
    REEDS SPV, LLC
	 	a
    Delaware limited liability company


 


	 	By:	/s/
    Daniel J. Doherty III
	 	Name:	Daniel
    J. Doherty III
	 	Its:	Authorized
    Signatory


 




    	2
**Exhibit 32.2**
  **Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002**
  The undersigned, who is the Chief Financial Officer of International Microcomputer Software, Inc. (the Company), hereby certifies that (i) the Quarterly Report on Form 10-QSB for the three-month period ended September 30, 2004, as filed by the Company with the Securities and Exchange Commission (the Quarterly Report), to which this Certification is an Exhibit, fully complies with the applicable requirements of Section 13(a) or 15(d) of the Exchange Act; and (ii) the information contained in this Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
   **Date: November 10, 2004**
  **By: /s/ William J. Bush**
 William J. Bush
 Chief Financial Officer (Principal Accounting Officer)
  35
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                          44,480
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                               695,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                  2,223,735
<INVESTMENTS-CARRYING>                       2,549,193
<INVESTMENTS-MARKET>                         2,546,509
<LOANS>                                              0
<ALLOWANCE>                                          0
<TOTAL-ASSETS>                               6,846,931
<DEPOSITS>                                           0
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                            298,256
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     3,395,240
<OTHER-SE>                                   3,153,435
<TOTAL-LIABILITIES-AND-EQUITY>               6,846,931
<INTEREST-LOAN>                                      0
<INTEREST-INVEST>                               79,893
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                     0
<INTEREST-DEPOSIT>                                   0
<INTEREST-EXPENSE>                                   0
<INTEREST-INCOME-NET>                           79,893
<LOAN-LOSSES>                                        0
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                141,324
<INCOME-PRETAX>                                (61,431)
<INCOME-PRE-EXTRAORDINARY>                           0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (61,431)
<EPS-PRIMARY>                                    (.09)
<EPS-DILUTED>                                    (.09)
<YIELD-ACTUAL>                                    5.56
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                     0
<CHARGE-OFFS>                                        0
<RECOVERIES>                                         0
<ALLOWANCE-CLOSE>                                    0
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 352 Enrolled Bill (ENR)]

        H.Con. Res.352
                                      Agreed to October 21, 1998        

                       One Hundred Fifth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
the twenty-seventh day of January, one thousand nine hundred and ninety-
                                  eight

                          Concurrent Resolution

 

    Resolved by the House of Representatives (the Senate concurring), 
That, in the enrollment of the bill, H.R. 3461, the Clerk of the House 
of Representatives shall make the following corrections:
        (1) In section 305, strike subsections (a) and (d).
        (2) Amend section 306 to read as follows:

SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Administrator the 
following:
        (1) To carry out nautical mapping and charting functions under 
    the Act of 1947 and sections 303 and 304, except for conducting 
    hydrographic surveys, $33,000,000 for fiscal year 1999, $34,000,000 
    for fiscal year 2000, and $35,000,000 for fiscal year 2001.
        (2) To conduct hydrographic surveys under section 303(a)(1), 
    including the leasing of ships, $33,000,000 for fiscal year 1999, 
    $35,000,000 for fiscal year 2000, and $37,000,000 for fiscal year 
    2001. Of these amounts, no more than $16,000,000 is authorized for 
    any one fiscal year to operate hydrographic survey vessels owned 
    and operated by the Administration.
        (3) To carry out geodetic functions under the Act of 1947, 
    $25,000,000 for fiscal year 1999, $30,000,000 for fiscal year 2000, 
    and $30,000,000 for fiscal year 2001.
        (4) To carry out tide and current measurement functions under 
    the Act of 1947, $22,500,000 for each of fiscal years 1999 through 
    2001. Of these amounts $4,500,000 is authorized for each fiscal 
    year to implement and operate a national quality control system for 
    real-time tide and current and maintain the national tide network, 
    and $7,000,000 is authorized for each fiscal year to design and 
    install real-time tide and current data measurement systems under 
    section 303(b)(4).
  Attest:

                                 Clerk of the House of Representatives.

  Attest:

                                               Secretary of the Senate.
```
[ARTICLE] 5
[LEGEND]
This schedule contains summary financial information extracted from SEC
Form 10-QSB and is qualified in its entriety by reference to such financial
statements.
[/LEGEND]
[MULTIPLIER] 1
<TABLE>
<S>                             <C>
[PERIOD-TYPE]                   3-MOS
[FISCAL-YEAR-END]                          JUN-30-1996
[PERIOD-END]                               SEP-30-1995
[CASH]                                          84,261
[SECURITIES]                                         0
[RECEIVABLES]                                1,712,118
[ALLOWANCES]                                    41,340
[INVENTORY]                                  2,230,097
[CURRENT-ASSETS]                             4,236,016
[PP&E]                                       2,258,126
[DEPRECIATION]                               1,375,803
[TOTAL-ASSETS]                               5,385,456
[CURRENT-LIABILITIES]                        2,463,603
[BONDS]                                              0
[COMMON]                                       405,776
[PREFERRED-MANDATORY]                                0
[PREFERRED]                                          0
[OTHER-SE]                                   1,636,511
[TOTAL-LIABILITY-AND-EQUITY]                 5,385,456
[SALES]                                      2,328,644
[TOTAL-REVENUES]                             2,331,290
[CGS]                                        1,642,562
[TOTAL-COSTS]                                1,642,562
[OTHER-EXPENSES]                               658,404
[LOSS-PROVISION]                                     0
[INTEREST-EXPENSE]                              50,069
[INCOME-PRETAX]                               (19,745)
[INCOME-TAX]                                     2,000
[INCOME-CONTINUING]                           (21,745)
[DISCONTINUED]                                       0
[EXTRAORDINARY]                                      0
[CHANGES]                                            0
[NET-INCOME]                                  (21,745)
[EPS-PRIMARY]                                   (.027)
[EPS-DILUTED]                                   (.027)
</TABLE>
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-6207

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

PRESTON CORNELIUS EVERETT, a/k/a P,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Alexandria. Leonie M. Brinkema, District Judge. (1:05-cr-00019-LMB-1)

Submitted: January 30, 2018 Decided: February 12, 2018

Before NIEMEYER, DIAZ, and FLOYD, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Preston Cornelius Everett, Appellant Pro Se. Dana James Boente, United States 

Attorney, Lawrence Joseph Leiser, Assistant United States Attorney, OFFICE OF THE 

UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee. 

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Preston Cornelius Everett was found guilty of conspiracy to possess with intent to 

distribute five kilograms or more of cocaine and for possession of a firearm in 

furtherance of a drug trafficking crime. On direct appeal, this court affirmed the 

judgment. United States v. Everett, 164 F. App’x 392 (4th Cir. 2006) (No. 05-4696). 

Everett has now filed his second notice of appeal of the criminal judgment. Because we 

have previously affirmed this criminal judgment, we dismiss the appeal as duplicative. 

We dispense with oral argument because the facts and legal contentions are adequately 

presented in the materials before this court and argument would not aid the decisional 

process. 

DISMISSED
<PAGE>

                        Consent of Independent Auditors


Board of Directors
Sizeler Property Investors, Inc.:

We consent to incorporation by reference in registration statements (No. 333-
72210 and No. 333-68224) on Form S-3, (No. 333-72208) on Form S-4, and (No. 333-
16073) on Form S-8 of Sizeler Property Investors, Inc. of our report dated
January 21, 2002, except for Note I as to which the date is March 7, 2002, with
respect to the consolidated balance sheets of Sizeler Property Investors, Inc.
and subsidiaries as of December 31, 2001 and 2000, and the related consolidated
statements of income, shareholders' equity, and cash flows for each of the years
in the three-year period ended December 31, 2001, and all related financial
statement schedules, which report appears in the December 31, 2001 annual report
on Form 10-K of Sizeler Property Investors, Inc.

                                    KPMG LLP

New Orleans, Louisiana
March 28, 2002
| (logo) WELLS FARGO | **Commercial Mortgage  Servicing**D1050-084, 8th Floor  401 South Tryon St.  Charlotte, NC 28202  1-800-326-1334 |
|--------------------|------------------------------------------------------------------------------------------------------------------|

  

**ANNUAL STATEMENT OFCOMPLIANCE**

 

 

Reference is hereby made tothat certain Pooling and Servicing Agreement dated as of September 1, 2014, byand among Morgan Stanley Capital I Inc., as Depositor, Wells Fargo Bank,National Association, as Master Servicer, Rialto Capital Advisors, LLC, asSpecial Servicer, Park Bridge Lender Services LLC, as Trust Advisor, U.S. BankNational Association as Trustee, Certificate Administrator, CertificateRegistrar, Authenticating Agent and Custodian, with respect to CommercialMortgage Pass-Through Certificates Series 2014-C18 (the "Agreement").Capitalized terms used herein not otherwise defined shall have the meaningsassigned in the Agreement.

 

Pursuant to Section 13.9 ofthe Agreement, I, Daniel Bober, Executive Vice President of Commercial MortgageServices do hereby certify that:

 

1.  A review of theactivities of the Master Servicer during the period from January 1, 2016through December 31, 2016 (the “Reporting Period”), and of itsperformance per the Agreement during such period has been made under mysupervision, and

 

2.  To the best of myknowledge, based on such review, the Master Servicer, has fulfilled all of itsobligations under the Agreement in all material respects throughout theReporting Period.

 

 

IN WITNESS WHEREOF, theundersigned has executed this Certificate as of the 28th day of February 2017.

 

/s/ Daniel Bober

Daniel Bober

Executive Vice President

Wells Fargo Bank

 

 

| Wells Fargo Bank, N.A. | (logo) Together we’ll go far |
|------------------------|------------------------------------|
<TABLE> <S> <C>

<ARTICLE> 7
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             APR-01-1997
<PERIOD-END>                               JUN-30-1997
<DEBT-HELD-FOR-SALE>                            55,860
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                      17,660
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                  73,520
<CASH>                                          13,005
<RECOVER-REINSURE>                               1,995
<DEFERRED-ACQUISITION>                           4,551
<TOTAL-ASSETS>                                 142,605
<POLICY-LOSSES>                                 46,285
<UNEARNED-PREMIUMS>                             22,884
<POLICY-OTHER>                                       0
<POLICY-HOLDER-FUNDS>                                0
<NOTES-PAYABLE>                                  9,735
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         7,660
<OTHER-SE>                                      43,573
<TOTAL-LIABILITY-AND-EQUITY>                   142,605
<PREMIUMS>                                      13,836
<INVESTMENT-INCOME>                              1,089
<INVESTMENT-GAINS>                                   6
<OTHER-INCOME>                                     215
<BENEFITS>                                       7,365
<UNDERWRITING-AMORTIZATION>                      3,117
<UNDERWRITING-OTHER>                             3,596
<INCOME-PRETAX>                                    884
<INCOME-TAX>                                       276
<INCOME-CONTINUING>                                608
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,044
<EPS-PRIMARY>                                     0.27
<EPS-DILUTED>                                     0.27
<RESERVE-OPEN>                                  37,191
<PROVISION-CURRENT>                              7,365
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                               2,586
<PAYMENTS-PRIOR>                                 4,934
<RESERVE-CLOSE>                                 37,036
<CUMULATIVE-DEFICIENCY>                              0
        

</TABLE>