alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Perla A. HERNANDEZ, Plaintiff-Appellant, v. WELLS FARGO HOME MORTGAGE, INC.; et al., Defendants-Appellees.

No. 16-15901

United States Court of Appeals, Ninth Circuit.

Submitted February 13, 2018 *

Filed February 27, 2018

Perla A. Hernandez, Pro Se

Kelly Harrison Dove, Esquire, Attorney, Karl O. Riley, Esquire, Snell & Wilmer, LLP, Las Vegas, NV, Jeffrey L. Willis, Esquire, Attorney, Snell & Wilmer L.L.P., Tucson, AZ, for Defendant-Appellee Wells Fargo Home Mortgage, Inc.

*712Kelly Harrison Dove, Esquire, Attorney, Snell & Wilmer, LLP, Las Vegas, NV, for Defendant-Appellee America’s Servicing Company

Richard J. Reynolds, Esquire, Attorney, Burke Williams & Sorensen LLP, Santa Ana, CA, for Defendant-Appellee MTC Financial, Inc.

Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.

*

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

MEMORANDUM **

Perla A. Hernandez appeals pro se from the district court’s order dismissing her action alleging violations of the Fair Debt Collection Practices Act (“FDCPA”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s dismissal under Federal Rule of Civil Procedure 12(b)(6). *Cervantes v. Countrywide Home Loans, Inc.,*656 F.3d 1034, 1040 (9th Cir. 2011). We affirm.

The district court properly dismissed Hernandez’s FDCPA claim against MTC Financial Inc. because the alleged communication was not an attempt to collect a debt as defined by the FDCPA. *See Ho v. ReconTrust Co., N.A.,*858 F.3d 568, 572 (9th Cir. 2017) (“[AJctions taken to facilitate a non-judicial foreclosure ... are not attempts, to collect ‘debt’ as that term is defined by the FDCPA.”); *Dowers v. Nationstar Mortg., LLC,*852 F.3d 964, 970 (9th Cir. 2017) (explaining that “while the FDCPA regulates security interest enforcement activity, it does so *only*through Section 1692f(6),” and that “[a]s for the remaining FDCPA provisions, ‘debt collection’ refers only to the collection of a money debt”).

The district court properly dismissed Hernandez’s. FDCPA claim against Wells Fargo Home Mortgage, Inc. (‘Wells Fargo”) because Hernandez failed to allege facts sufficient to show that Wells Fargo was a debt collector under the FDCPA. *See*15 U.S.C. § 1692a(6)(F)(iii) (excluding from the definition of debt collector “any person collecting ... a debt which was not in default at the time it was obtained by such person”).

We do not consider matters not properly raised before the district court, or matters not specifically and distinctly raised and argued in the opening brief. *See Padgett v. Wright,*587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
#### City of Salina v. Cooper

112,320

04/21/2016

Denied.

Unpublished
#### Hunt v. State

112,743

06/21/2016

Denied.

Unpublished
EX-10.25





 Exhibit 10.25 

ADDENDUM “B” 
 THIS ADDENDUM
“B” IS MADE THIS 25 th DAY OF JANUARY, 2018, AND IS ADDED TO AND PART OF THE STANDARD SUBLEASE MULTI-TENANT LEASE DATED JULY 12, 2017, BY AND BETWEEN INFORTREND CORPORATION, A CALIFORNIA CORPORATION (“SUBLESSOR”) AND
QUANERGY SYSTEMS, INC., A DELAWARE CORPORATION (“SUBLESSEE”) FOR THE PROPERTY LOCATED AT 433 LAKESIDE DRIVE, SUNNYVALE, CALIFORNIA (HEREINAFTER REFERRED TO AS THE “SUBLEASE”). 

WHEREAS, Sublessee executed the foregoing Sublease with the Sublessor; and 

WHEREAS, Sublessor has agreed to lease additional space (“Expansion Space”) in the building to be part of the “Premises” of the
Sublease to Sublessee so that Sublessee will have new lobby and Sublessor will move signage and door on front corner; and 
 NOW, THEREFORE, in
consideration of the mutual covenants contained herein, the parties do hereby agree as follows: 
  

	1.	 Expansion Space: Approximately 13,000 square feet. 



 

	2.	 Term: Commencing June 1, 2018 and expiring August 31,
2022. 


  

	3.	 Early Possession Date: Commencing March 1, 2018. 



 

	4.	 Base Rent: $21,450.00 per month, payable on the first day of each month commencing
June 1, 2018 for the Expansion Space. 


  

	5.	 Security Deposit: $ 21,450 . 



 

	6.	 Tenant Improvements: Sublessor shall provide Sublessee for the Expansion Space with a Tenant Improvement
Allowance of Seventy Thousand Dollars ($70,000.00). Sublessee shall accept the Expansion Space in its As-Is Condition, and will perform any Tenant Improvement work it deems necessary.



  

	7.	 Monthly Base Rent Adjustments: The monthly Base Rent shall be adjusted as follows:



  

					
	Months	  	Monthly Base Rent	 
	 June 1, 2018—August 31, 2018
	  	$	21,450.00	 
	 September 1, 2018—August 31, 2019
	  	$	22,094.00	 
	 September 1, 2019—August 31, 2020
	  	$	22,757.00	 
	 September 1, 2020—August 31, 2021
	  	$	23,440.00	 
	 September 1, 2021—August 31, 2022
	  	$	24,143.00	 














	8.	 Quanergy will have new Lobby and Infortrend will move signage and door on the front corner.



  

	9.	 Except as otherwise set forth herein, all of the terms, covenants and conditions of the afore-referenced
Sublease shall remain unchanged. 


 READ AND AGREED TO: 

 

 SUBLESSOR: 

Infortrend Corporation, LLC 
  

			
		
	By:      	 	 /s/



			
		
	TITLE:	 	 President



			
		
	DATE:	 	 1-26-2018


 

 SUBLESSEE: 

Quanergy Systems, Inc. 
  

			
		
	By:      	 	 /s/ Louay Eldada



			
		
	TITLE:	 	 Chief executive Officer



			
		
	DATE:	 	 January 26, 2018
<TABLE>
<CAPTION>


                                                                                                Exhibit No. 11
                                    HARDING LAWSON ASSOCIATES GROUP, INC.

                                      Computation of Per Share Earnings
                                    (In thousands, except per share data)
                                                 (Unaudited)


                                                             Three Months Ended                Nine Months Ended
                                                                February 28,                     February 28,
                                                          1999            1998             1999           1998     
-------------------------------------------------------------------------------------------------------------------

<S>                                                    <C>            <C>               <C>              <C>  
     Average basic shares outstanding                  4,815          4,986             4,844            5,016
     Net effect of dilutive stock options
         based on the treasury stock
         method.                                          15            156                46               81     
-------------------------------------------------------------------------------------------------------------------

     Average diluted shares outstanding                4,830          5,142             4,890            5,097     
===================================================================================================================

     Net income                                       $  414         $  254            $1,566           $2,065     
===================================================================================================================

     Basic and diluted earnings per
         common share                                 $ 0.09         $ 0.05           $  0.32          $  0.41     
===================================================================================================================
</TABLE>
No. 12-5815.

#### Taylor *v.*Tennessee.

Ct. Crim. App. Tenn. Certiorari denied.
EXHIBIT 32(b)


                                Exhibit 32(b)
                               CERTIFICATION OF
                           CHIEF FINANCIAL OFFICER
                         PURSUANT TO 18 U.S.C. S 1350

  I, Scott  K.  Billings,  Chief  Financial  Officer  of  Hallmark  Financial
 Services, Inc. (the "Company"), hereby certify that the accompanying  report
 on Form 10-QSB for the  fiscal quarter ended September  30, 2003, and  filed
 with the  Securities  and  Exchange  Commission  on  the  date  hereof  (the
 "Report"), fully  complies with  the requirements  of Section 13(a)  of  the
 Securities Exchange Act  of 1934,  as amended.  I further  certify that  the
 information contained  in  the  Report  fairly  presents,  in  all  material
 respects, the financial condition and results of operations of the Company.



 Dated:  November 14, 2003      /s/ Scott K. Billings
                                ---------------------
                                Scott K. Billings, Chief Financial Officer
# m94_63a
<PAGE>   1
                                                                    Exhibit 24.1

                              ROBBINS & MYERS, INC.
                              ---------------------

                            LIMITED POWER OF ATTORNEY
                            -------------------------

           WHEREAS, Robbins & Myers, Inc. (the "Company") intends to file with
the Securities and Exchange Commission its Annual Report on Form 10-K for the
year ended August 31, 1998:

           NOW, THEREFORE, each of the undersigned in his capacity as a director
of the Company hereby appoints Daniel W. Duval his true and lawful
attorney-in-fact and agent, with full power of substitution and resubstitution,
to execute in his name, place and stead, the Company's Annual Report on Form
10-K for the year ended August 31, 1998, (including any amendment to such
report) and any and all other instruments necessary or incidental in connection
therewith, and to file the same with the Securities and Exchange Commission.
Said attorney shall have full power and authority to do and perform in the name
and on behalf of the undersigned, in the aforesaid capacity, every act
whatsoever necessary or desirable to be done, as fully to all intents and
purposes as the undersigned might or could do in person. The undersigned hereby
ratifies and approves the act of said attorney.

           IN WITNESS WHEREOF, the undersigned has executed this instrument this
24th day of November, 1998.

                                    /s/ Maynard H. Murch, IV
                                    --------------------------------------------
                                    Maynard H. Murch, IV


                                    /s/ Robert J. Kegerreis
                                    --------------------------------------------
                                    Robert J. Kegerreis


                                    /s/ Thomas P. Loftis
                                    --------------------------------------------
                                    Thomas P. Loftis


                                    /s/ William D. Manning, Jr
                                    --------------------------------------------
                                    William D. Manning, Jr.


                                    /s/ Jerome F. Tatar
                                    --------------------------------------------
                                    Jerome F. Tatar


                                    /s/John N. Taylor, Jr.
                                    --------------------------------------------
                                    John N. Taylor, Jr.


                                       63
[Federal Register Volume 62, Number 60 (Friday, March 28, 1997)]
[Notices]
[Page 14885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7896]


=======================================================================
-----------------------------------------------------------------------

COMMISSION ON CIVIL RIGHTS


Agenda and Notice of Public Meeting of the Nevada Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights, that a meeting of 
the Nevada Advisory Committee to the Commission will convene at 10:00 
a.m. and adjourn at 12:00 p.m. on April 18, 1997, at the Office of 
Margo Piscevich, 350 South Center Street, Suite 300, Reno, Nevada 
89509. The purpose of the meeting is to discuss civil rights issues.
    Persons desiring additional information, or planning a presentation 
to the Committee, should contact Committee Chairperson Margo Piscevich, 
702-329-0958, or Philip Montez, Director of the Western Regional 
Office, 213-894-3437 (TDD 213-894-3435). Hearing-impaired persons who 
will attend the meeting and require the services of a sign language 
interpreter should contact the Regional Office at least five (5) 
working days before the scheduled date of the meeting.
    The meeting will be conducted pursuant to the provisions of the 
rules and regulations of the Commission.

    Dated at Washington, DC, March 20, 1997.
Carol-Lee Hurley,
Chief, Regional Programs Coordination Unit.
[FR Doc. 97-7896 Filed 3-27-97; 8:45 am]
BILLING CODE 6335-01-P
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1264 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
H. RES. 1264

  Recognizing that the land that is now known as the United States of 
America was originally inhabited by Indigenous peoples known as Native 
            Americans, Native Hawaiians, and Alaska Natives.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           December 15, 2020

 Ms. Norton submitted the following resolution; which was referred to 
                   the Committee on Natural Resources

_______________________________________________________________________

                               RESOLUTION

 
  Recognizing that the land that is now known as the United States of 
America was originally inhabited by Indigenous peoples known as Native 
            Americans, Native Hawaiians, and Alaska Natives.

Whereas a land acknowledgment is a formal statement that recognizes and respects 
        Indigenous peoples as the original and traditional stewards of a given 
        geographic area and the enduring relationship that exists between 
        Indigenous peoples and their ancestral lands;
Whereas a formal statement of a land acknowledgment is a proper method to 
        recognize the traditions of Indigenous peoples and ancestral land;
Whereas a land acknowledgment is a practice that honors and respects 
        contemporary Indigenous peoples' connection to their ancestral lands;
Whereas a land acknowledgment is an expression of gratitude and appreciation to 
        Tribes who first resided in this country;
Whereas a land acknowledgment serves as a reminder and a reflection on the 
        impacts of colonialism, past and present;
Whereas a land acknowledgment recognizes Indigenous peoples' voices that have 
        been devalued in past contexts;
Whereas a land acknowledgment is a way to show both gratitude and appreciation 
        for those who were first on the land and encourages a broadening of 
        awareness of Indigenous peoples; and
Whereas it is encouraged that formal land acknowledgments be performed at 
        introductions of public and ceremonial events: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) honors the legacy of Indigenous peoples who inhabited 
        the land before the establishment of the United States of 
        America and continue to live in relationship with their 
        ancestral homelands today, and recognizes their significance 
        and ongoing contributions to the United States; and
            (2) calls on State and local governments to encourage 
        formal land acknowledgments, whether verbal or written, before 
        public or ceremonial events.
                                 <all>
```
[Federal Register Volume 62, Number 60 (Friday, March 28, 1997)]
[Notices]
[Pages 14906-14907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-7958]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY
[ER-FRL-5478-7]


Environmental Impact Statements and Regulations; Availability of 
EPA Comments

    Availability of EPA comments prepared March 10, 1997, through March 
14, 1997, pursuant to the Environmental Review Process (ERP), under 
Section 309 of the Clean Air Act and Section 102(2)(c) of the National 
Environmental Policy Act as amended. Requests for copies of EPA 
comments can be directed to the Office of Federal Activities at (202) 
564-7167.
    An explanation of the ratings assigned to draft environmental 
impact statements (EISs) was published in FR dated April 5, 1996 (61 FR 
15251).

Draft EISs

    ERP No. D-COE-L28007-OR Rating EO2, Joe Ney and Upper Pony Creek 
Reservoirs Expansion Project, Municipal Water Supply, COE Section 10 
and 404 Permit Issuance, Coos County, OR.
    Summary: EPA expressed environmental concerns over the elimination 
of water conservation as an alternative to be considered in the EIS, as 
well as the minimal information provided regarding the water reuse and 
reclamation alternative. EPA also expressed concerns over potential 
impacts to high-quality wetland habitats.
    ERP No. D-TVA-E39038-TN Rating EC2, Columbia Dam Component of the 
Duck River Project, Implementation, Use of Lands Acquired, Possible COE 
Section 404 Permit, Maury County, TN.
    Summary: EPA had environmental concerns with the potential 
environmental impacts associated with the development alternatives.

Final EISs

    ERP No. F-NOA-K90028-HI, Hawaiian Islands Humpback Whales and Their 
Habitat National Marine Sanctuary Management Plan, Implementation, 
Honolulu, Kauai and Maui Counties, HI.
    Summary: Review of the Final EIS was not deemed necessary. No 
formal comment letter was sent to the preparing agency.


[[Page 14907]]


    Dated: March 25, 1997.
William D. Dickerson,
Director, Office of Federal Activities.
[FR Doc. 97-7958 Filed 3-27-97; 8:45 am]
BILLING CODE 6560-50-U
[Federal Register Volume 62, Number 52 (Tuesday, March 18, 1997)]
[Notices]
[Page 12866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6713]


=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION


Issuer Delisting; Notice of Application To Withdraw From Listing 
and Registration; (Medeva PLC, American Depositary Shares, Each One 
Representing Four Ordinary Shares, Par Value 10 Pence Sterling Per 
Share) File No. 1-10817

March 12, 1997.
    Medeva PLC (``Company'') has filed an application with the 
Securities and Exchange Commission (``Commission''), pursuant to 
Section 12(d) of the Securities Exchange Act of 1934 (``Act'') and Rule 
12d2-2(d) promulgated thereunder, to withdraw the above specified 
security (``Security'') from listing and registration on the American 
Stock Exchange, Inc. (``Amex'' or ``Exchange'').
    The reasons alleged in the application for withdrawing the Security 
from listing and registration include the following:
    According to the Company, it has complied with Rule 18 of the Amex 
by filing with such Exchange a certified copy of preambles and 
resolutions adopted by the Company's Board of Directors authorizing the 
withdrawal of its Security from listing on the Amex and by setting 
fourth in detail to such Exchange the reasons for such proposed 
withdrawal, and the facts in support thereof. The Company has listed 
for trading the Security on the New York Stock Exchange, Inc. 
(``NYSE'') effective March 4, 1997. Trading in the Security on the NYSE 
commenced at the opening of business on March 5, 1997. In making the 
decision to withdraw the Security from listing on the Amex, the Company 
considered that the direct and indirect costs and expenses and the 
division of the market do not justify maintaining the dual listing of 
the Security on the Amex and the NYSE. The Amex has informed the 
Company that it has no objection to the withdrawal of the Security from 
listing on the Exchange.
    Any interested person may, on or before April 2, 1997, submit by 
letter to the Secretary of the Securities and Exchange Commission, 450 
Fifth Street, NW., Washington, DC 20549, facts bearing upon whether the 
application has been made in accordance with the rules of the exchanges 
and what terms, if any, should be imposed by the Commission for the 
protection of investors. The Commission, based on the information 
submitted to it, will issue an order granting the application after the 
date mentioned above, unless the Commission determines to order a 
hearing on the matter.

    For the Commission, by the Division of Market Regulation, 
pursuant to delegated authority.
Jonathan G. Katz,
Secretary.
[FR Doc. 97-6713 Filed 3-17-97; 8:45 am]
BILLING CODE 8010-01-M
IB 

Union Calendar No. 500 

116TH CONGRESS 

2D SESSION H. R. 970 

[Report No. 116–608] 

To direct the Secretary of the Interior to develop a plan for the removal 

of the monument to Robert E. Lee at the Antietam National Battlefield, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2019 

Mr. BROWN of Maryland (for himself, Mr. TRONE, and Mr. RASKIN) introduced the following bill; which was referred to the Committee on Natural 

Resources 

DECEMBER 2, 2020 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 5, 2019] 


rfrederick on DSKBCBPHB2PROD with BILLS
2 

•HR 970 RH

A BILL 

To direct the Secretary of the Interior to develop a plan 

for the removal of the monument to Robert E. Lee 

at the Antietam National Battlefield, and for other purposes. 


rfrederick on DSKBCBPHB2PROD with BILLS
3 

•HR 970 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Robert E. Lee Statue 

5 Removal Act’’. 

6 SEC. 2. REMOVAL AND DISPOSAL OF MONUMENT. 

7 Not later than 180 days after the date of the enactment 

8 of this Act, the Secretary of the Interior, acting through the 

9 Director of the National Park Service, shall remove and ap10 propriately dispose of the Monument to General Robert E. 

11 Lee at the Antietam National Battlefield. 


rfrederick on DSKBCBPHB2PROD with BILLS
Union Calendar No. 500 

116TH CONGRESS 

2D SESSION H. R. 970 

[Report No. 116–608] 

A BILL 

To direct the Secretary of the Interior to develop 

and for other purposes. ert E. Lee at the Antietam National Battlefield, a plan for the removal of the monument to RobDECEMBER 2, 2020 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


rfrederick on DSKBCBPHB2PROD with BILLS
#### *In re*Care & Treatment of Merryfield

112,972

12/14/2015

Denied.

Unpublished