alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TORRES CONSULTING AND LAW 

GROUP, LLC, 

Plaintiff-Appellant, 

 v. 

UNITED STATES DEPARTMENT OF 

VETERANS AFFAIRS, 

Defendant-Appellee.

No. 17-16075 

D.C. No. 2:15-cv-01905-SPL 

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

Steven Paul Logan, District Judge, Presiding

Argued and Submitted October 18, 2018

San Francisco, California

Before: M. SMITH and HURWITZ, Circuit Judges, and EATON,** Judge.

Torres Consulting and Law Group, LLC (“Torres”) appeals a summary 

judgment holding that a Freedom of Information Act request was on behalf of a 

commercial user and subject to the fees provided for such users under 5 U.S.C. 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** Richard K. Eaton, Judge of the United States Court of International 

Trade, sitting by designation.

FILED

NOV 5 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

§ 552(a)(4)(A)(ii)(I) and 38 C.F.R. § 1.561(c)(i). We have jurisdiction under 28 

U.S.C. § 1291 and affirm.

A “commercial use” requester is one who seeks the “information for a use or 

purpose that furthers . . . commercial, trade, or profit interests, [including] furthering 

those interests through litigation.” 38 C.F.R. § 1.561(b)(2). Torres requested 

information from the Department of Veteran Affairs (“VA”) on behalf of its client, 

the Colorado Building and Construction Trades Council (“CBCTC”), in order to 

determine whether government contractors were complying with the Davis-Bacon 

Act. The VA categorized Torres as a commercial use requester, because CBCTC 

sought to further the commercial interests of its member unions. The district court 

agreed, stating that, “As a representative of unions, CBCTC gains value and helps 

its member[s] by removing the competition that does not comply with DavisBacon.” 

We affirm. The proposed use of the requested information was to submit 

complaints to the Department of Labor for violations of federal wage law. The VA 

did not err in classifying that use as commercial under the governing regulation. 

Although Torres argues that the VA impermissibly based its determination on 

CBCTC’s identity, rather than the use to which it would put the requested 

information, the record indicates that the VA’s analysis was proper. It reasoned that 

CBCTC was not in a position to disseminate information for the public benefit, and 
3

although it did note CBCTC’s identity and stated mission in its analysis, 

consideration of a requester’s identity for the purpose of determining use is not 

prohibited. The VA concluded that “[CBCTC] is in business for the benefit of its 

Union members,” not “to inform the public.” Under the “commercial” definition of 

§ 1.561(b)(2), the district court correctly affirmed the VA’s finding that Torres was 

a commercial use requester, acting on behalf of a client who would use the 

information to materially benefit the unions it represented. 

AFFIRMED
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|View History:  Monthly  Annual Download Data (XLS File)                                         
|View History:  Monthly  Annual                                                                   
|View History:  Monthly  Annual                                                                   
|View History:                                                                                    
|                                                                                                 
|Price of Cove Point, MD Liquefied Natural Gas Exports to Jordan (Dollars per Thousand Cubic Feet)
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|Price of Cove Point, MD Liquefied Natural Gas Exports to Jordan (Dollars per Thousand Cubic Feet)
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|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2010's                                                                                                                            |        |        |        |        |        |        |        | --     | 6.74   | --    
|2020's                                                                                                                            | --     | --     | --     |        |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
EXHIBIT 35.1
                  SERVICER COMPLIANCE STATEMENT (ITEM 1123)
                        RESIDENTIAL FUNDING COMPANY, LLC
              RFMSI SERIES 2006-S1 TRUST (THE "ISSUING ENTITY")

The undersigned,  a duly authorized officer of Residential Funding Company, LLC,
as servicer  (the  "Servicer")  pursuant to the Series  Supplement,  dated as of
January 1, 2006,  and the  Standard  Terms of Pooling and  Servicing  Agreement,
dated as of January 1, 2006 (as  amended  from time to time,  the  "Agreement"),
among Residential Funding Mortgage  Securities I, Inc., as company,  Residential
Funding  Company,  LLC (formerly  Residential  Funding  Corporation),  as master
servicer,  and U.S. Bank National  Association,  as trustee, does hereby certify
that:

1. A review of the  Servicer's  activities  during  the  period  covered  by the
Issuing Entity's report on Form 10-K and of the Servicer's performance under the
Agreement  has been made under my  supervision.

2. To the best of my knowledge,
based on such review,  the Servicer has fulfilled all of its  obligations  under
the Agreement in all material respects throughout such period.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 26th
day of March 2007.

By:  /s/ Anthony N. Renzi
    Name:  Anthony N. Renzi
    Title:    Managing Director
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|View History:  Monthly  Annual Download Data (XLS File)       
|View History:  Monthly  Annual                                 
|View History:  Monthly  Annual                                 
|View History:                                                  
|                                                               
|Ohio Natural Gas Vehicle Fuel Consumption  (Million Cubic Feet)
|                                                               
|                                                               
|Ohio Natural Gas Vehicle Fuel Consumption  (Million Cubic Feet)
|                                                               

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|1980's                                                                                                                            |        |        |        |        |        |        |        |        | 0      | 0     
|1990's                                                                                                                            | 73     | 67     | 59     | 44     | 48     | 187    | 229    | 294    | 309    | 386   
|2000's                                                                                                                            | 424    | 529    | 539    | 659    | 740    | 444    | 403    | 308    | 261    | 130   
|2010's                                                                                                                            | 146    | 88     | 89     | 299    | 501    | 516    | 858    | 527    | 497    | 510   
|2020's                                                                                                                            | 1,141  | 1,105  | 2,521  | 2,062  |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
**EXHIBIT 99.1**

 

**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 MercantileBankshares Corporation (the “Company”) on Form 10-Q for the quarter ending March 31, 2003, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Edward J. Kelly, III, the Chief ExecutiveOfficer, certify, pursuant to and for purposes of 18 U.S.C. Section 1350, as adopted pursuant to 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 Actof 1934; and 

 

(2)  Theinformation contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|                                                                                   
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|View History:  Monthly  Annual Download Data (XLS File)                           
|View History:  Monthly  Annual                                                     
|View History:  Monthly  Annual                                                     
|View History:                                                                      
|                                                                                   
|Wisconsin Heat Content of Natural Gas Deliveries to Consumers  (BTU per Cubic Foot)
|                                                                                   
|                                                                                   
|Wisconsin Heat Content of Natural Gas Deliveries to Consumers  (BTU per Cubic Foot)
|                                                                                   

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2000's                                                                                                                            |        |        |        |        |        |        |        | 1,014  | 1,014  | 1,014 
|2010's                                                                                                                            | 1,010  | 1,014  | 1,019  | 1,026  | 1,035  | 1,042  | 1,039  | 1,035  | 1,041  | 1,042 
|2020's                                                                                                                            | 1,044  | 1,045  | 1,046  | 1,044  |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
Exhibit 99.1


                    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 Maui Land & Pineapple
Company, Inc. (the "Company") on Form 10-Q for the period ending
March 31, 2003 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), I, Paul J. Meyer,
Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. section 1350, as adopted pursuant to 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 result of
operations of the Company.



/S/ PAUL J. MEYER
Paul J. Meyer
Executive Vice President/Finance
(Chief Financial Officer)
May 7, 2003




A signed original of this written statement required by Section
906 has been provided to the Company and will be retained the
Company and furnished the Securities and Exchange Commission or
its staff upon request.
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|View History:  Monthly  Annual Download Data (XLS File)                  
|View History:  Monthly  Annual                                            
|View History:  Monthly  Annual                                            
|View History:                                                             
|                                                                          
|Freeport, TX Liquefied Natural Gas Exports to Croatia (Million Cubic Feet)
|                                                                          
|                                                                          
|Freeport, TX Liquefied Natural Gas Exports to Croatia (Million Cubic Feet)
|                                                                          

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2020's                                                                                                                            | 0      | 17,271 | 6,299  | 13,247 |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
## SERVED: OCTOBERl, 2012 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF

.SKYWEST AIRLINES FAA DOCKET NO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012-0904

NOTICE OF ASSIGNMENT OF PROCEEDING 

## z ... 2 p 

## 1: 30

This proceeding (heretofore designated as Case No. 2011NM060081) has been assigned to Administrative Law Judge Richard C. Goodwin. All future pleadings and other communications regarding this proceeding shall be served on the Judge, the FAAHearing Docket, and the other persons on the attached Service List.

Attachment

- Serviqe List Ronnie A. 

### Yoder ChiefAdministrative L

### SERVICE LIST ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention:
. Hearing Docket Clerk, AGC-430
. WilburWright Building-Suite2Wl000 1 

### ONE COPY Todd C. Emerson, 

### Respondent'sRepresentative Director

- Governmentand Legal Affairs SkyWest Airlines 444 South RiverRoad St. George, UT 84790 TEL: 435-634-3530**F~:** 435-634-3505 Jeffrey M. Harper, 

### Complainant's Counsel Attorney, Office ofthe Regional Counsel Northwest Mountain Region, ANM-7 Federal Aviation Administration 1601 Lind Avenue, S.W. Renton, W A 98057 TEL: ·425-227-2161**F~:** 425-227-1007 The Honorable Richard C. Goodwin,

### Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 · TEL: 202-366-2139 Attorney-Advisor 202-366-5121 Legal Assistant**F~:** 202-366-7536 FDMS Nos. FAA-2012-0904 (Civil Penalty Action)

1 Service was by U.S. Mail. For service inpt,rson orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2WIOOO, Washington, DC 20591; Attention: Healing Docket Clerk, AGC-430. 

### -2-
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 Annual Report of InnerWorkings, Inc.
(the Company) on Form 10-K for the period ending December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), we, Eric D. Belcher, Chief Executive Officer of the Company,
and Joseph M. Busky, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to our knowledge, 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.



|    |  |                                        
|--- |  | ---------------------------------------
|By: |  | /S/    ERIC D. BELCHER                 
|    |  | Eric D. Belcher Chief Executive Officer
|    | 
|By: |  | /S/    JOSEPH M. BUSKY                 
|    |  | Joseph M. Busky Chief Financial Officer

Date: March 4, 2009
#### Jacqueline A. Fogarty, Appellant, v Transmedia Network, Inc., et al., Respondents.

[768 NYS2d 332]

*270Order, Supreme Court, New York County (Leland DeGrasse, J.), entered on or about November 6, 2002, which denied plaintiff’s motion to vacate an order of the same court and Justice granting defendants’ motion for summary judgment on default, unanimously affirmed, without costs.

Plaintiffs motion for vacatur was properly denied by reason of her failure to demonstrate a meritorious cause of action *(see Guerre v Trustees of Columbia Univ.,*300 AD2d 29 [2002]). The complaint, alleging libel and slander, is premised upon statements made in an e-mail by a vice-president of plaintiffs then-employer, defendant Transmedia, to other Transmedia management personnel respecting an apparently suspicious business transaction in which plaintiff had been involved. Inasmuch as the challenged communication was qualifiedly privileged *(see Shapiro v Health Ins. Plan of Greater N.Y.,*7 NY2d 56 [1959]), the merit of plaintiffs claims was not demonstrable without a prima facie showing that the complained-of statements were maliciously motivated *(see id.; and see Cosme v Town of Islip,*63 NY2d 908 [1984]). No such showing was made. Contrary to plaintiff’s contention, the e-mail is not facially indicative of malice, and the record discloses no other ground supporting an inference of malice. The e-mail’s author, prior to sending the communication, far from acting with reckless disregard for the truth, evidently did take reasonable steps to investigate the assertedly improper transaction *(see Sweeney v Prisoners’ Legal Servs. of N.Y.,*84 NY2d 786 [1995]).

We have considered plaintiffs remaining arguments and find them unavailing. Concur—Nardelli, J.P., Saxe, Friedman, Marlow and Gonzalez, JJ.
## In t he Court of Appeals Sixth Appellate District of Texas at Texarkana

No. 06

- 24

- 00050

- CR

PETER MICHAEL LAREY , Appellant

V. THE STATE OF TEXAS , Appellee

On Appeal from the County Court at Law

Bowie County, Texas Trial Court No. 23M0742

- CCL

B efore Stevens , C.J., van Cleef and Rambin , JJ. Memorandum Opinion by Justice Rambin2 

### ME MORANDUM OPINION
P ursuant to a plea

- bargain agreement, Peter Michael Larey pled guilty to driving while intoxicated (DWI), and the trial court sentenced him to 14 6 days’ confinement in county jail.
The trial court also assessed (1) a $100.00 “Emergency Medical Se rvice Fine,” (2) a $100.00
“Texas Non

- Suspension Fine,” and (3) a $6,000.00 “DWI Traffic Fine,” see T EX
. T RANSP
. C ODE A NN
. § 709.001. The trial court cer tified this to be a plea

- bargain case but stated that it had given Larey permission to appeal. The judgment of conviction in this matter indicates that the trial court imposed sentence on February 9, 2024 ; however, the lower court did not sign its judgmen t of conviction until February 14, 2024 . Larey did not file a motion for new trial and filed his notice of appeal on March 14, 2024. The Texas Court of Criminal Appeals has expressly held that, without a timely filed notice of appeal, we cannot exercis e jurisdiction over an appeal. Olivo v. S tate , 918 S.W.2d 519, 522 (Tex. Crim. App. 1996); see Slaton v. State , 981 S.W.2d 208, 209 n.3 (Tex. Crim. App. 1998) (per curiam). When an appellant appeals from a judgment of conviction, the deadline for filing his notice of appeal runs from the date se ntence is imposed in open court, not the date the judgment was signed. Rodarte v. State , 860 S.W.2d 108 (Tex. Crim. App. 1993); O’Conner v.
State , 266 S.W.3d 575, 577

– 78 (Tex. App.

— Amarillo 2008, pet. ref’d). Thu s, Larey’s notice of appeal in this matter was due thirty days after February 9, 2024, or on or before March 11, 2024. Since Larey did not file his notice of appeal until March 14, 2024, it was untimely. On April 9, 2024, we notified appellant that his n otice of appeal appeared to be untimely,
h aving been filed more than thirty days after the date sentence was imposed, and we afforded3

him an opportunity to demonstrate a valid basis for retaining his appeal on the docket

. Larey did not respond to our Apri l 9 correspondence.
Because Larey has not timely perfected h is appeal, we dismiss the appeal for want of jurisdiction.

Jeff Rambin Justice Date Submitted: April 25, 2024 Date Decided: April 26, 2024 Do Not Publish