alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### IN RE: Louis C. NEMETH, Debtor. Louis C. Nemeth, Appellant, v. Amrane Cohen, Chapter 13 Trustee; Wells Fargo Bank, N.A., Appellees.

No. 17-60019

United States Court of Appeals, Ninth Circuit.

*508*Submitted January 16, 2018

Filed January 25, 2018

Louis C. Nemeth, Pro Se

Jay K. Chien, Esquire, Amrane Cohen, Chapter 13 Trustee, Orange, CA, for Ap-pellee Amrane Cohen

Bonni S. Mantovani, Esquire, Attorney, Prober *&*Raphael, A Law Corporation, Woodland Hills, CA, for Appellee Wells Fargo Bank, N.A.

Before: REINHARDT, TROTT, and HURWITZ, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R. App. P. 34(a)(2). To the extent that Nemeth requests oral argument in his opening brief, the request is denied.

MEMORANDUM **

Louis C. Nemeth appeals pro se from the Bankruptcy Appellate Panel’s (“BAP”) judgment affirming the bankruptcy court’s order dismissing Nemeth’s Chapter 13 bankruptcy petition. We have jurisdiction under 28 U.S.C. § 158(d). We review de novo BAP decisions, and apply the same standard of review that the BAP applied to the bankruptcy court’s ruling. *Boyajian v. New Falls Corp. (In re Boyajian),*564 F.3d 1088, 1090 (9th Cir. 2009). We affirm.

The bankruptcy court did not abuse its discretion by dismissing Nemeth’s petition because Nemeth failed to make plan payments or post-petition mortgage payments. *See*11 U.S.C. § 1307(c)(4) (permitting dismissal for failure to make payments under the proposed payment plan); Bankr. C.D. Cal. R. 3015-l(m)(2), (7) (permitting dismissal for failure to make post-petition mortgage payments).

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 reject as without merit Nemeth’s contention that his due process rights were violated and that the 180-day bar to refiling was improper.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
No. 11-10495.

#### Scanlon *v.*Harkleroad, Superintendent, Marion Correctional Institution.

C. A. 4th Cir. Certiorari denied.
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 20
- 0380 IN THE MATTER OF: J.K., Respondent and Appellant. **ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an ext ension of time to and including July 16 , 2021 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Jim Rice Justice, Montana Supreme Court

June 7 2021

06/07/2021

Case Number: DA 20-0380
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q,
NINE MONTHS ENDED SEPTEMBER 29, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-29-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               SEP-29-1996
<CASH>                                          14,787
<SECURITIES>                                         0
<RECEIVABLES>                                   65,226
<ALLOWANCES>                                     5,447
<INVENTORY>                                     55,323
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<PP&E>                                         134,244
<DEPRECIATION>                                  80,983
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<CURRENT-LIABILITIES>                          104,782
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           454
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                   287,427
<SALES>                                        168,370
<TOTAL-REVENUES>                               168,370
<CGS>                                          130,427
<TOTAL-COSTS>                                  130,427
<OTHER-EXPENSES>                                70,998
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (523)
<INCOME-PRETAX>                               (31,870)
<INCOME-TAX>                                       831
<INCOME-CONTINUING>                           (32,701)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (32,701)
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                    $0.78
        

</TABLE>
**EXHIBIT 23.01**





**SCANA
      CORPORATION**





**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**





We
      consent to the incorporation by reference in Registration Statements
      No. 333-119618, 333-37398, 333-97555 and 333-129775 of SCANA Corporation on
      Forms S-8 and Registration Statement No. 333-113749 and 333-127370 of SCANA
      Corporation on Forms S-3 of our reports dated March 1, 2006 relating to the
      financial statements and financial statement schedule of SCANA Corporation
      and
      management's report on the effectiveness of internal control over financial
      reporting appearing in this Annual Report on Form 10-K of SCANA Corporation
      for the year ended December 31, 2005.





/s/DELOITTE &
      TOUCHE LLP


Columbia,
      South Carolina


March
      1,
      2006








**EXHIBIT 23.02**





**SOUTH
      CAROLINA ELECTRIC & GAS COMPANY**





**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**





We
      consent to the incorporation by reference in Registration Statement
      No. 333-108760 of South Carolina Electric & Gas Company on
      Form S-3 of our report dated March 1, 2006 relating to the financial
      statements and financial statement schedule of South Carolina
      Electric & Gas Company appearing in this Annual Report on
      Form 10-K of South Carolina Electric & Gas Company for the year ended
      December 31, 2005.





/s/DELOITTE &
      TOUCHE LLP


Columbia,
      South Carolina


March
      1,
      2006





**EXHIBIT 23.03**





**PUBLIC
      SERVICE COMPANY OF NORTH CAROLINA, INCORPORATED**





**CONSENT
      OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**





We
      consent to the incorporation by reference in Registration Statement
      No. 333-68516 of Public Service Company of North Carolina, Incorporated on
      Form S-3 of our report dated March 1, 2006 relating to the financial
      statements and financial statement schedule of Public Service Company of North
      Carolina, Incorporated appearing in this Annual Report on Form 10-K of
      Public Service Company of North Carolina, Incorporated for the year ended
      December 31, 2005.





/s/DELOITTE &
      TOUCHE LLP


Columbia,
      South Carolina


March
      1,
      2006







181
# C_2022451EN.01000701.xml

| 28.11.2022 | EN | Official Journal of the European Union | C 451/7 |
| --- | --- | --- | --- |

28.11.2022

EN

Official Journal of the European Union

C 451/7

---

Appeal brought on 9 June 2022 by SFD S.A. against the judgment of the General Court (Third Chamber) delivered on 30 March 2022 in Case T-35/21, SFD v EUIPO — Allmax Nutrition (ALLNUTRITION DESIGNED FOR MOTIVATION)

(Case C-383/22 P)

(2022/C 451/09)

Language of the case: English

Parties

Appellant: SFD S.A. (represented by: T. Grucelski, adwokat)

Other party to the proceedings: European Union Intellectual Property Office (EUIPO)

By order of 17 October 2022, the Court of Justice (Chamber determining whether appeals may proceed) held that the appeal was not allowed to proceed and that SFD S.A. should bear its own costs.

---
Submitted April 7,

reversed June 14, 2017

#### In the Matter of R. G.-R., a Person Alleged to have a Mental Illness. STATE OF OREGON, *Respondent, v.*R. G.-R., *Appellant.*

Marion County Circuit Court

16CC04574; A162768

395 P3d 985

Joseph DeBin and Multnomah Defenders, Inc., filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Carson L. Whitehead, Assistant Attorney General, filed the brief for respondent.

Before Duncan, Presiding Judge, and DeVore, Judge, and Garrett, Judge.

*300PER CURIAM

Appellant seeks reversal of a circuit court order committing her to the Oregon Health Authority for a period not to exceed 180 days. *See*ORS 426.130 (providing for involuntary commitment of “a person with mental illness”); ORS 426.005(f) (defining person with “mental illness”). Appellant asserts that the court erred by denying her motion to dismiss the case after she was detained on a physician’s hold for more than five judicial days without a hearing. *See*ORS 426.232 (a licensed practitioner may cause a person to be detained or hospitalized, but “under no circumstances may the person be held for longer than five judicial days”). The state concedes that the court erred. *See State v. A. E. B.,*196 Or App 634, 635, 106 P3d 647 (2004) (circuit court erred by denying the appellant’s motion to dismiss civil commitment case, where commitment hearing was not held within five judicial days of when the appellant was detained on a physician’s hold). We agree with the parties and, therefore, reverse.

■Reversed.
No. 10-1491.

#### Kiobel, Individually and on Behalf of Her Late Husband Kiobel, et al. *v.*Royal Dutch Petroleum Co. et al.

C. A. 2d Cir. [Certiorari granted, 565 U. S. 961.] Motion of the Solicitor General for leave to participate in oral argument as *amicus curiae*and for divided argument granted.
No. 12-67.

#### Almond et al. *v.*Unified School District #501.

C. A. 10th Cir. Certiorari denied.
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
The schedule contains summary financial information from the Registrant's
consolidated condensed financial statements as of and for the nine months ended
September 30, 2000, and is qualified in its entirety by reference to such
consolidated financial statements.
</LEGEND>
<CIK>                                       0000818074
<NAME>                ALL AMERICAN SEMICONDUCTOR, INC.
<MULTIPLIER>                                     1,000
<CURRENCY>                                         USD

<S>                                       <C>
<PERIOD-TYPE>                                    9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<EXCHANGE-RATE>                                      1
<CASH>                                             316
<SECURITIES>                                         0
<RECEIVABLES>                                   98,492
<ALLOWANCES>                                     3,330
<INVENTORY>                                    118,525
<CURRENT-ASSETS>                               217,166
<PP&E>                                          11,611
<DEPRECIATION>                                   7,341
<TOTAL-ASSETS>                                 224,829
<CURRENT-LIABILITIES>                           78,870
<BONDS>                                        108,853
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            40
<OTHER-SE>                                      37,066
<TOTAL-LIABILITY-AND-EQUITY>                   224,829
<SALES>                                        385,793
<TOTAL-REVENUES>                               385,793
<CGS>                                          306,075
<TOTAL-COSTS>                                  306,075
<OTHER-EXPENSES>                                57,039
<LOSS-PROVISION>                                 1,395
<INTEREST-EXPENSE>                               5,666
<INCOME-PRETAX>                                 15,618
<INCOME-TAX>                                     6,718
<INCOME-CONTINUING>                              8,900
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     8,900
<EPS-BASIC>                                       2.33
<EPS-DILUTED>                                     2.15


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

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED CONDENSED BALANCE SHEET AT MARCH 31, 1997 AND CONSOLIDATED
CONDENSED STATEMENT OF OPERATIONS FOR THE THREE MONTHS ENDED MARCH 31, 1997 AND
IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          SEP-28-1997
<PERIOD-START>                             SEP-30-1996
<PERIOD-END>                               MAR-30-1997
<CASH>                                          94,885
<SECURITIES>                                    31,227
<RECEIVABLES>                                  127,198
<ALLOWANCES>                                     2,965
<INVENTORY>                                     67,115
<CURRENT-ASSETS>                               333,477
<PP&E>                                         937,902
<DEPRECIATION>                                 334,184
<TOTAL-ASSETS>                                 966,688
<CURRENT-LIABILITIES>                          224,953
<BONDS>                                        166,096
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             5
<OTHER-SE>                                     488,270
<TOTAL-LIABILITY-AND-EQUITY>                   966,688
<SALES>                                        282,068
<TOTAL-REVENUES>                               282,068
<CGS>                                          219,688
<TOTAL-COSTS>                                  219,688
<OTHER-EXPENSES>                                26,061
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               3,434
<INCOME-PRETAX>                                 35,770
<INCOME-TAX>                                     8,428
<INCOME-CONTINUING>                             23,555
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    23,555
<EPS-PRIMARY>                                     0.48
<EPS-DILUTED>                                     0.48
        

</TABLE>
# C_2022359EN.01009702.xml

| 19.9.2022 | EN | Official Journal of the European Union | C 359/97 |
| --- | --- | --- | --- |

19.9.2022

EN

Official Journal of the European Union

C 359/97

---

Order of the General Court of 20 July 2022 — PQ v EEAS

(Case T-358/22) (1)

(2022/C 359/120)

Language of the case: French

The President of the Fourth Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 294, 1.8.2022.

---
CERTIFICATE OF AMENDMENT
                                       OF
                          CERTIFICATE OF INCORPORATION
                                       OF
                         GALAXY NUTRITIONAL FOODS, INC.


     Galaxy Nutritional Foods, Inc., a corporation  organized and existing under
and by virtue of the  General  Corporation  Law of the  State of  Delaware  (the
"Corporation"), DOES HEREBY CERTIFY:

     FIRST:  That the Board of Directors of said  Corporation  at a meeting duly
convened and held on February 11, 1999, adopted the following resolution:

     RESOLVED,  that the Board of Directors of this Corporation  hereby declares
     it  advisable  and in the best  interest  of the  Corporation  to  effect a
     reverse split of the  Corporation's  Common Stock issued and outstanding as
     of  February  12,  1999 such that each  share of Common  Stock  issued  and
     outstanding  as of February  12, 1999 be  reclassified  as and changed into
     one-seventh  of one share of Common Stock,  and that the  Corporation  take
     such actions and may be necessary,  desirable or appropriate to effect such
     reverse  stock  split,   including,   without   limitation,   amending  the
     Corporation's  Certificate  of  Incorporation.  Such  reclassification  and
     change  would not alter the  number of  authorized  shares of Common  Stock
     which would remain at 85,000,000 or the par value of the Common Stock which
     would remain at $.01 per share.

     SECOND:  That such  reclassification  and reverse split of the  outstanding
Common Stock as of February 12, 1999 was  authorized on February 11, 1999 by the
holders of a majority of the issued and  outstanding  stock  entitled to vote in
accordance with the provisions of Section 211 of the General  Corporation Law of
the State of Delaware.

     THIRD:  That the aforesaid  amendment  was duly adopted in accordance  with
Sections 211 and 242 of the General Corporation Law of the State of Delaware.

     IN WITNESS  WHEREOF,  the  Corporation  has caused this  Certificate  to be
signed by Angelo S. Morini, its President, this 11th day of December, 2002.

                                        GALAXY NUTRITIONAL FOODS, INC.


                                        By: /s/ Angelo S. Morini
                                            --------------------------
                                            Angelo S. Morini, President
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADDED BY

SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Provident Bankshares Corporation (the Company) on
Form 10-Q for the period ended September 30, 2006 as filed with the Securities and Exchange Commission (the Report), I, Gary N. Geisel, Chief Executive Officer and Chairman of the Board of the Company, certify, pursuant to 18 U.S.C.
§1350, as added by Section 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 Company as of and for the period covered
by the Report.
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Gary N. GeiselGary N. GeiselChief Executive Officer and Chairman of the Board


November 9, 2006
AAM-11-364-E July 11, 2011 Exemption No. 10307 Regulatory Docket No. FAA-2011-0692

Mr. Henry Roberson Air Carriage, LLC

P.O. Box 3099 Chico, CA 95927

Dear Mr. Roberson:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and gives you the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By submission dated June 22, 2011, you petitioned the Federal Aviation Administration (FAA) on behalf of Air Carriage, LLC (Air Carri age) for an exemption from part 120 of Title 14, Code of Federal Regulations (14 CFR), to allow Air Carriage, which is operating under separate parts of 14 CFR, to cover its safety-sensitive employees under one testing program.

The FAA has determined that good cause exists for not publishing a summary of the petition

in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to Air Carriage.

The FAA has issued a grant of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 9703 (copy enclosed), the FAA found that Solid Edge’s § 91.147 air tour operations were closely connected to its part 135 operations. The FAA also found that combining the petitioner’s two testing programs into one would be in the public interest and would maintain an equivalent level of safety to that provided by the current regulations. Thus, the FAA concluded it was unnecessary to burden the petitioner by requiring it to conduct two separate testing programs.

Having reviewed your reasons for requesting an exemption, I find that—

 they are similar in all material respects to relief previously requested in the enclosed Grant of Exemption No. 9703;2

 the reasons stated by the FAA for granting the enclosed Grant of Exemption No. 9703 also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. 40113 and 44701, which the FAA Administrator has delegated to me, I hereby grant Air Carriage, LLC an exemption from part 120 to the extent necessary to allow Air Carriage, which is operating under separate parts of the regulations, to cover its safety-sensitive employees under one testing program, subject to the

conditions and limitations described below.

Conditions and Limitations

1. Employees of Air Carriage are subject to the drug and alcohol regulations at all times while conducting operations under part 135 or part 91.

2. The drug and alcohol testing program must be implemented under the auspices of the Air Carriage part 135 operation, not under part 91.

This exemption terminates on July 31, 2013 unless sooner superseded or rescinded.

Sincerely,

/s/
James R. Fraser, M.D. Deputy Federal Air Surgeon

Enclosure
# C_2022138EN.01002401.xml

| 28.3.2022 | EN | Official Journal of the European Union | C 138/24 |
| --- | --- | --- | --- |

28.3.2022

EN

Official Journal of the European Union

C 138/24

---

Action brought on 19 January 2022 — Romedor Pharma v EUIPO — Perfect Care Distribution (Cerviron)

(Case T-37/22)

(2022/C 138/28)

Language in which the application was lodged: Romanian

Parties

Applicant: Romedor Pharma SRL (Focşani, Romania) (represented by: E. Dicu, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Perfect Care Distribution (Bucharest, Romania)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: other party to the proceedings before the Board of Appeal

Trade mark at issue: EU word mark CERVIRON — EU trade mark No 18 100 664

Procedure before EUIPO: proceedings for a declaration of invalidity

Contested decision: Decision of the Second Board of Appeal of EUIPO of 17 November 2021 in Case R 520/2021-2

Form of order sought

The applicant claims that the Court should:

| — | uphold the action as formulated and reasoned; |
| --- | --- |

—

uphold the action as formulated and reasoned;

| — | annul the contested decision and, consequently, uphold the application for a declaration of invalidity in respect of EU trade mark No 18 100 664. |
| --- | --- |

—

annul the contested decision and, consequently, uphold the application for a declaration of invalidity in respect of EU trade mark No 18 100 664.

Plea in law

| — | Infringement of Article 60(1)(c), in conjunction with Article 8(4), of Regulation (EU) No 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 60(1)(c), in conjunction with Article 8(4), of Regulation (EU) No 2017/1001 of the European Parliament and of the Council.

---