alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### IN RE: APPLICATION PURSUANT TO 28 U.S.C. § 1782 TO TAKE DISCOVERY OF ASML U.S., INC. Nikon Corporation, Petitioner-Appellee, v. ASML U.S., Inc., Respondent-Appellant.

No. 17-16961

United States Court of Appeals, Ninth Circuit.

Argued and Submitted December 7, 2017 San Francisco, California

Filed December 12, 2017

Eric M. Fraser, David B. Rosenbaum, Attorney, Osborn Maledon, PA, Phoenix, AZ, Joseph Alexander Lawrence, Attor*477ney, Marc A. Hearron, Jack Williford Lon-den, Joseph R. Palmore, Sorin Gabriel Za-haria, Morrison *&*Foerster LLP, New York, NY, for Petitioner-Appellee

Dana Burwell, Gregory Hayes Lantier, Wilmer Cutler Pickering Hale and Dorr LLP, Boston, MA, George C. Chen, Attorney, Jacob A. Maskovich, Attorney, Bryan Cave LLP, Phoenix, AZ, James Murphy Dowd, Esquire, Derek Anthony Gosma, Counsel, WilmerHale LLP, Los Angeles, CA, for Respondent-Appellant

Before: GRABER and N.R. SMITH, Circuit Judges, and SIMON,* District Judge.

*

The Honorable Michael H. Simon, United States District Judge for the District of Oregon, sitting by designation.

MEMORANDUM **

ASML U.S., Inc., timely appeals the.district court’s order, in response to a request by Nikon Corporation pursuant to 28 U.S.C, § 1782(a), requiring ASML U.S. to produce documents and other information. Reviewing for abuse of discretion, Four Pillars Enters. Co. v. Avery Dennison Corp., 308 F.3d 1075, 1078 (9th Cir. 2002), we affirm.

The statutory requirements for discovery indisputably are met. The district court carefully considered the factors described by the Supreme Court in Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241, 264, 124 S.Ct. 2466, 159 L.Ed.2d 355 (2004). On this record, we cannot conclude that the court abused its “broad discretion” in ordering discovery limited to documents physically located within the United States. Akebia Therapeutics, Inc. v. FibroGen, Inc., 793 F.3d 1108, 1112 (9th Cir. 2015).

For example, even for the documents located both in the United States and abroad, the second Intel factor is met because Nikon’s experts stated, in unrebut-ted declarations, that the foreign tribunals would welcome the discoverable evidence. Similarly, we are unpersuaded that the discovery order imposes an undue burden on ASML U.S., the fourth Intel factor. Even if an alternative weighing of the factors were reasonable, the district court’s decision was not “(1) illogical, (2) implausible, or (3) without support in inferences that may be drawn from the facts in the record.” Mujica v. AirScan Inc., 771 F.3d 580, 589 (9th Cir. 2014) (internal quotation marks omitted). Moreover, no bright-line rule exists in the statute, Supreme Court law, or our precedents — and we decline to create one — to the effect that discovery must be denied for the sole reason that the same items are found in another country.

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 ACT OF 2002





In
connection with the quarterly report of The Jones Financial Companies, L.L.L.P.
(the "Partnership") on Form 10-Q for the period ending March 27, 2009, as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, James D. Weddle, Chief Executive Officer of the Partnership, certify to the
best of my knowledge, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906
of the Sarbanes-Oxley Act of 2002, 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
      Partnership.







/s/  James D.
Weddle


Chief Executive Officer


The Jones Financial Companies,
L.L.L.P.


May 8, 2009
No. 11-9704.

#### Jalowiec *v.*Robinson, Warden.

C. A. 6th Cir. Certiorari denied.
#### UNITED STATES of America, Plaintiff-Appellee, v. Gregory HATT, Defendant-Appellant.

No. 17-7557

United States Court of Appeals, Fourth Circuit.

Submitted: January 30, 2018

Decided: February 2, 2018

Gregory Hatt, Appellant Pro Se, John Farrell Butler, Alyssa Kate Nichol, OFFICE OF THE UNITED STATES ATTORNEY, Norfolk, Virginia, for Appellee.

Before MOTZ and KEENAN, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Unpublished opinions are not binding precedent in this circuit,

PER CURIAM:

Gregory Hatt seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2263(c)(1)(B) (2012). A certificate of appealability will not issue, absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85, 120 S.Ct. 1595.

We have independently reviewed the record and conclude that Hatt has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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>
 
                                                                   EXHIBIT 23(A)

     CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

     As independent public accountants, we hereby consent to the
incorporation of our report dated February 3, 1997, included in this
Annual Report on Form 10-K, into Pogo Producing Company's
previously filed Registration Statement File Nos. 2-60725, 2-62690,
2-65374, 2-79500 and 33-54969.


                         /s/ ARTHUR ANDERSEN LLP
                         ----------------------------------
                         ARTHUR ANDERSEN LLP

Houston, Texas
March 20, 1997
EXHIBIT 11.1

         VETERINARY CENTERS OF AMERICA, INC. AND SUBSIDIARIES

                 COMPUTATIONS OF PER SHARE EARNINGS



The computations of net earnings per share for three months ended March 31,
1997 and 1996 are as follows:

<TABLE>
<CAPTION>

                                                        1997             1996
                                                        ----             ----
<S>                                            <C>                <C>
Primary:
  Net income                                      $   1,410,000     $   760,000
                                                    ===========      ==========
  Average common shares outstanding                  19,444,000      13,235,000
  Dilutive common equivalent shares issuable upon:
    Conversion of preferred stock                       583,000         583,000
    Redemption of redeemable warrants                      --         1,239,000
    Exercise of options to purchase common shares       364,000         870,000
                                                    -----------      ----------
                                                     20,391,000      15,927,000
                                                    ===========      ==========
     
      Net earnings per share                     $         0.07    $       0.05
                                                    ===========      ==========

Fully Diluted:
  Net income                                      $   1,410,000    $    760,000
    Add back: Interest expense, net of tax,
     applicable to convertible debt                     718,000          53,000
                                                    -----------      ----------
                                                  $   2,128,000    $    813,000
                                                    ===========      ==========
  Average common shares outstanding                  19,444,000      13,235,000
  Dilutive common equivalent shares issuable upon:
    Conversion of preferred stock                       583,000         583,000
    Redemption of redeemable warrants                      --         1,420,000
    Exercise of options to purchase common shares       365,000       1,066,000
    Conversion of convertible debt                    2,498,000          49,000
                                                    -----------      ---------
                                                     22,890,000      16,353,000
                                                    ===========      ==========

      Net earnings per share                      $        0.09    $       0.05
                                                    ===========      ==========
</TABLE>
#### IN the INTEREST OF: M.M., Appeal of: W.M. and D.M.

124 WDA 2017

Superior Court of Pennsylvania.

09/11/2017

CP-65-DP-64-2014 (Westmoreland)

Affirmed/Remanded
# Fourth Court of Appeals
San Antonio, Texas

August 20, 2020

No. 04

- 20

- 00205

- CR

Jacob Charles SMITH

, Appellant

v.

The STATE of Texas, Appellee

From the 451st Judicial District Court

, Kendall County, Texas

Trial Court No. 6596 The Honorable Stephen B. Ables , Judge Presiding



### O R D E R

After we granted court reporter Connie Calvert ’s first motion for extension of time to file the reporter’s record s , we set the record s due on August 14 , 2020

. See T EX

. R. A PP

. R. 35.3(c).
After t he extended due date, the court reporter filed a second request for an extension of time to
file the record s until September 14 , 2020.

The reporter’s request is GRANTED. The reporter’s record s are due on September 14,
2020

. See id. (limi ting any extension in an ordinary appeal to thirty days) ; id. R. 2

. If the court reporter is unable to file the completed record by September 14 , 2020, any further request for additional time to file the record must be accompanied by a signed, written
status report.
The report must describe the transcript by day with the date, description, page counts, and remarks for each day. The page counts must in clude the total number of pages, the number of pages edited, proofread, and formatted into the required electronic form (including bookmarks).

The report may describe any unusual aspects of the record s . The report must describe any problems the court re porter reasonably believes may delay the completion of the record s beyond the requested date.

The preferred form for the status report, with an accompanying example, is attached._________________________________ Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 20th day of August, 2020

.

___________________________________ M ichael A. C ruz , Clerk of Court
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 of CHDT Corporation on Form 10-Q for the
period ended March 31, 2010, filed with the Securities and Exchange Commission
(the “Report”), I, Stewart Wallach, Chief Executive Officer of the Company of
the Company, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, hereby certify 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 result of operations of the
      Company.








/s/ Stewart
Wallach


Stewart
Wallach


CEO,
Director


(Principal
Executive Officer)








May 14th,
2010








A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement 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.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

May 24, 2006 Clifford W. Taylor,
Chief Justice

Michael F. Cavanagh
Elizabeth A. Weaver 129153 Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, KARLENE S. HARBOUR, as Personal Justices Representative of the Estate of KEVIN DANIEL HARBOUR, Deceased, Plaintiff-Appellant,

v SC: 129153 COA: 252857 Macomb CC: 2 000-003451-NH CORRECTIONAL MEDICAL SERVICES, INC., a/k/a CORRECTIONAL MEDICAL SYSTEMS, INC., Defendant-Appellee.

________________ _______________ __________/

On order of the Court, the applicati on for leave to appeal the May 24, 2005 judgment of the Court of Appeals is cons idered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

d0517 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

May 24, 2006

Clerk
**Officer’s Certificate**

 

 

Pursuant to the requirementsof the applicable Servicing Agreement for the transactions listed on Schedule Ihereto, for which Midland Loan Services, a Division of PNC Bank, NationalAssociation, as Master Servicer, and Berkeley Point Capital LLC, as Servicer,the undersigned, Ellen D. Miller, as Managing Director and Head of Servicing ofBerkeley Point Capital LLC, hereby certifies subject to any limitations listedon Schedule I hereto, as of the date hereof, solely in her capacity as anofficer and not in her individual capacity, as follows:

 

1. A review of the activitiesof the Servicer during the preceding calendar year (the “Reporting Period”)and of its performance under the Agreement has been made under my supervision;and

 

2. To the best of myknowledge, based on such review, the 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 22nd day of February, 2017.

 

 

Berkeley Point Capital LLC

 

/s/ Ellen D. Miller

Ellen D. Miller

Managing Director, Head ofServicing

 

 

**Schedule I**

 

 

Multifamily Pass-ThroughCertificates, Berkeley Point Capital LLC as ***Sub-Servicer***:

 

Series 2009-K4

Series 2010-K5

Series 2011-K10

Series 2011-K12

Series 2012-K709

Series 2012-KF01

Series 2013-K24

Series 2013-KF02

Series 2014-KF03

Series 2014-K503

Series 2014-KF06

Series 2015-KF07

Series 2015-KF08

Series 2015-KF09

Series 2015-KF10

Series 2015-KF12

Series 2016-KF13

Series 2016-KF16

Series 2016-KSW1

Series 2016-KF18

Series 2016-KF26

 

 

Commercial MortgagePass-Through Certificates; Berkeley Point Capital LLC as ***Primary Servicer***:

 

COMM 2014-CCRE17 MortgageTrust

COMM 2014-CCRE19 MortgageTrust

GS Mortgage Securities Trust2014-GC24

COMM 2014-UBS4 Mortgage Trust

COMM 2015-CCRE23 Mortgage Trust

COMM 2015-CCRE27 MortgageTrust

GS Mortgage Securities Trust2015-GC30

COMM 2015-HULA

COMM 2015-LC19 Mortgage Trust

COMM 2015-LC21 Mortgage Trust

GS Mortgage Securities Trust2015-GS1

CCRESG 2016 HEAT MortgageTrust

Citigroup 2016-C3 MortgageTrust

CFCRE 2016-C7 Mortgage Trust
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANICAL INFORMATION EXTRACTED FROM THE
REPORT ON FORM 10-Q OF BAYNET, LTD FOR THE QUARTER ENDED DECEMBER 31, 1999
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH REPORT.
</LEGEND>
<MULTIPLIER> 1,000
<CURRENCY> AUSTRALIAN DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-2000
<PERIOD-END>                               DEC-31-1999
<EXCHANGE-RATE>                                  .6531
<CASH>                                               1
<SECURITIES>                                       661
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     1
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                     663
<CURRENT-LIABILITIES>                              385
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             1
<OTHER-SE>                                      25,035
<TOTAL-LIABILITY-AND-EQUITY>                       663
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                   101
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  65
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (166)
<EPS-BASIC>                                      (.01)
<EPS-DILUTED>                                        0


</TABLE>
08/25/2012 09:18 FAX 2024935142 FAA JtJn 22 2012 11:26AM OCRA - S<ln Diego Office 619·239·7838

June 22, 2012 Jesus Valdez 4135 Broadway San Diego, CA 92102 + OMS 141002/004

FederalAviation Administration 800 Independence Avenue, SW Washington] DC 20591 VIA CERTIFIED MAIL 

### AND FACSIMILE Attn: Hearing Docket Clerk, AGC-430 WilburWright Building-Suite 2W1000 Re: FAA Case No. 2012WP090001 ToWhom It May Concern: I am the respondent in this case. Below you will find 

### my answerto the complaint dated May 24, 2012 in this case. I requestthat the hearing in this matter be held in San Diego, CA. 

### Answer I. Admitted.

II. 

### 1. Denied. 2. I am without sufficient knowledge or information to admit or deny. 3. I amwithout sufficient knowledge or information to admit or deny.



### Ill.06/25/2012 09:19 FAX 2024935142 FAA Jun 22 2012 11:26AM OCRA - San Diego Office 619-239-7838



### 1. Denied. 2. Denied. JesusValdez 4135 Broadway San 

### Diego, CA92102 Denied.

IV.

I assertthefollowing affirmative defenses: + OMS**~** 003/004 page 3

1. A civil penalty in this case is inappropriate underthe circumstances based on the nature, circumstances, extent, and gravity ofthe alleged violation. 2. The amount ofthe proposed civil penalty in this case is inappropriate underthe circumstances based on the nature, circumstances, extent, and gravity ofthe

· alleged violation. 3. A civil penalty in this case is inappropriate due to 

### my lack ofculpability, lack of a history of priorviolations, and inability to pay. A civil penalty( is inappropriate in part dueto my intellectual disability. 4. The amount ofthe proposed civil penalty in this case is inappropriate dueto my lack ofculpability, lack ofa history of priorviolations, and inabilityto pay. 

### The amount ofthe proposed civil penalty is inappropriate in part due to my intellectual disability. Signed,

### -----------------------,----------------------- 06/25/2012 08: 18 FAX 2024835142 FAA Jvn 22 2012 11;26AM OCRA - San Diego Office 619-239·7838

# ~**""''~~** JC---valdez Jesus Valdez · 4135 Broadway San 

### Diego, CA 92102 + OMS Ill 004/004 page 4

cc: Theodore Byrne, Attorney, Office ofthe Regional Counsel, Los Angeles, CA
**Exhibit 32**

**Certification ofChief Executive OfficerPursuant to Section 906 of the Sarbanes-Oxley Act of 2002**

Pursuant to 18U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of2002, the undersigned officer of Alliance Imaging, Inc. (the “*Company*”) hereby certifies, to such officer’s knowledge,that:

(i)    theaccompanying Quarterly Report on Form 10-Q/A of the Company for thequarter ended September 30, 2006 (the “*Report*”) fullycomplies 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 Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

| Dated: August 1, 2007 |   | /s/ PAUL S.  VIVIANO                                |
|-----------------------|--------|-----------------------------------------------------|
|                  |   | Paul S. Viviano                                     |
|                  |   | *Chairman of the Board and Chief Executive Officer* |

 

----

**Certification ofChief Financial OfficerPursuant 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, theundersigned officer of Alliance Imaging, Inc. (the “*Company*”)hereby certifies, to such officer’s knowledge, that:

(i)    theaccompanying Quarterly Report on Form 10-Q/A of the Company for thequarter ended September 30, 2006 (the “*Report*”) fullycomplies 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 Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

| Dated: August 1, 2007 |   | /s/ HOWARD K.  AIHARA                                   |
|-----------------------|--------|---------------------------------------------------------|
|                  |   | Howard K. Aihara                                        |
|                  |   | *Executive Vice President and Chief Financial  Officer* |

 

----