alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This disposition is not appropriate for publication and is not precedent

except as provided by 9th Cir. R. 36-3.

 ** The panel unanimously finds this case suitable for decision without

oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

NALLIAH RAJAH,

 Plaintiff - Appellant,

 v.

COUNTY OF CLARK,

 Defendant - Appellee.

No. 08-17480

D.C. No. 2:04-cv-01153-BES-RJJ

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Brian E. Sandoval, District Judge, Presiding

Submitted December 11, 2009** 

San Francisco, California

Before: O’SCANNLAIN, RAWLINSON and BEA, Circuit Judges.

Nalliah Rajah (Rajah) appeals the district court’s grant of attorney’s fees to

County of Clark (Clark County).

FILED

DEC 15 2009

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2

Reviewing the attorney’s fees award for abuse of discretion, see McCown v.

City of Fontana, 565 F.3d 1097, 1101 (9th Cir. 2009), as amended, we conclude

that the district court applied the correct legal standard and the factual findings

support its conclusion that Rajah’s claims were without foundation.

In an earlier decision, this court affirmed the district court’s grant of

summary judgment in favor of Clark County on Rajah’s claims of race and agebased discrimination, retaliation, violation of 42 U.S.C. § 1983, and various state

law claims. See Rajah v. County of Clark, 313 Fed. Appx. 8 (9th Cir. 2008)

(unpublished memorandum disposition). Subsequently the district court, citing the

proper legal standard and reviewing the magistrate judge’s report and the parties’

filings, awarded attorney’s fees to the County. See Order, Rajah v. County of

Clark, No. 2:04-cv-01153-BES-RJJ (D. Nev. Oct. 1, 2008). No abuse of discretion

occurred. See Tutor-Saliba Corp. v. City of Hailey, 452 F.3d 1055, 1060 (9th Cir.

2006) (concluding that the district court did not abuse its discretion where it “was

aware of the proper legal standard” and carefully evaluated each claim to

determine “whether there was any colorable legal or factual basis for each claim”).

AFFIRMED.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                           8,945
<SECURITIES>                                         0
<RECEIVABLES>                                   58,452<F1>
<ALLOWANCES>                                    10,080
<INVENTORY>                                     57,507
<CURRENT-ASSETS>                               146,146
<PP&E>                                          69,940
<DEPRECIATION>                                   8,762
<TOTAL-ASSETS>                                 223,014
<CURRENT-LIABILITIES>                           65,796
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           182
<OTHER-SE>                                      90,686
<TOTAL-LIABILITY-AND-EQUITY>                   223,014
<SALES>                                        311,689
<TOTAL-REVENUES>                               311,689
<CGS>                                           98,109
<TOTAL-COSTS>                                  257,185
<OTHER-EXPENSES>                                 (845)
<LOSS-PROVISION>                                 2,189
<INTEREST-EXPENSE>                               3,482
<INCOME-PRETAX>                                 51,487
<INCOME-TAX>                                    16,476
<INCOME-CONTINUING>                             35,011
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    35,011
<EPS-BASIC>                                       2.03
<EPS-DILUTED>                                     1.88
<FN>
<F1>ALLOWANCES NETTED AGAINST TRADE RECEIVABLES INCLUDE BOTH BAD DEBT RESERVES AND
SALES RETURN RESERVES,
</FN>


</TABLE>
EXHIBIT 11

                              MODERN CONTROLS, INC.

                   COMPUTATION OF NET INCOME PER COMMON SHARE

<TABLE>
<CAPTION>
                                       Three Months Ended                 Six Months Ended
                                            June 30,                          June 30,
                                  ----------------------------      ----------------------------
                                      1998             1997             1998             1997
                                  -----------      -----------      -----------      -----------
<S>                                 <C>              <C>              <C>              <C>      
BASIC


Average shares outstanding          6,454,056        6,413,666        6,449,377        6,412,875
                                  ===========      ===========      ===========      ===========


Net income                        $   396,802      $   884,400      $   896,373      $ 1,844,657
                                  ===========      ===========      ===========      ===========


Basic per share amounts           $      0.06      $      0.14      $      0.14      $      0.29
                                  ===========      ===========      ===========      ===========



DILUTED


Average shares outstanding          6,454,056        6,413,666        6,449,377        6,412,875

Net effect of dilutive stock
options - based on the
treasury stock method                  51,872           53,160           63,914           46,662
                                  -----------      -----------      -----------      -----------

Total                               6,505,928        6,466,826        6,513,291        6,459,537
                                  ===========      ===========      ===========      ===========


Net income                        $   396,802      $   884,400      $   896,373      $ 1,844,657
                                  ===========      ===========      ===========      ===========


Diluted per share amounts         $      0.06      $      0.14      $      0.14      $      0.29
                                  ===========      ===========      ===========      ===========
</TABLE>


                                       10
Exhibit 32



CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



I, Gary Meyers, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of Synplicity, Inc. on Form 10-K for the year ended December 31, 2005 fully complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that information contained in such Annual Report fairly presents, in all material respects, the financial condition and results of operations of Synplicity, Inc. A signed original of this written statement required by
Section 906 has been provided to Synplicity, Inc., and will be retained by Synplicity, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

|                     |  |  |  |        |  |                                                                             
|-------------------- |  |  |  | ------ |  | ----------------------------------------------------------------------------
|                     |  |  | 
|Date: March 15, 2006 |  |  |  | By:    |  | /s/ Gary Meyers                                                             
|                     |  |  |  | Name:  |  | Gary Meyers                                                                 
|                     |  |  |  | Title: |  | Chief Executive Officer, President andDirector (Principal Executive Officer)



I, John J. Hanlon,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report of Synplicity, Inc. on Form 10-K for the year ended December 31, 2005 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Annual Report fairly presents, in all material respects, the financial condition and results of operations of Synplicity, Inc.
A signed original of this written statement required by Section 906 has been provided to Synplicity, Inc., and will be retained by Synplicity, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

|                     |  |  |  |        |  |                                                                                             
|-------------------- |  |  |  | ------ |  | --------------------------------------------------------------------------------------------
|                     |  |  | 
|Date: March 15, 2006 |  |  |  | By:    |  | /s/ John J. Hanlon                                                                          
|                     |  |  |  | Name:  |  | John J. Hanlon                                                                              
|                     |  |  |  | Title: |  | Senior Vice President and ChiefFinancial Officer (PrincipalFinancial and Accounting Officer)
No. 09-11306.

#### Jessie Johnson, Petitioner v. Barack H. Obama, President of the United States.

562 U.S. 873, 131 S. Ct. 175,

178 L. Ed. 2d 105,

2010 U.S. LEXIS 6743,

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the District of Columbia Circuit denied.
Exhibit 13.1

CERTIFICATION OF CEO AND CFO

PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the annual report of Anooraq Resources Corporation (the "Registrant") filed under cover of
Form 20-F for the period ended December 31, 2011, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Harold Motaung as President and Chief Executive Officer of the Registrant and De Wet Schutte as Chief
Financial Officer of the Registrant, each hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to the best of his 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 Registrant.



|                                                                                     
|-------------------------------------------------------------------------------------
|/s/ Harold Motaung                                                                   
|By: Harold Motaung Title: President and Chief Executive Officer Dated: March 30, 2012



|                                                                       
|-----------------------------------------------------------------------
|/s/ De Wet Schutte                                                     
|By: De Wet Schutte Title: Chief Financial Officer Dated: March 30, 2012

This certification accompanies the Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shall not, except
to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Registrant for purposes of §18 of the Securities Exchange Act of 1934, as amended.
No. 09-11401.

#### Everett Lowe, Petitioner v. Richard A. Devine, et al.

562 U.S. 878, 131 S. Ct. 192,

178 L. Ed. 2d 115,

2010 U.S. LEXIS 6652.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.

Same case below, 371 Fed. Appx. 667.
Exhibit 31.2I, William W. Phillips, certify that: 1. I have reviewed this quarterly report on Form 10-Q of Harrington West FinancialGroup, Inc.;  2. Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statements made,in light of the circumstances under which such statements were made, not misleadingwith respect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the registrant as of, andfor, the periods presented in this report;  4. The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined in ExchangeAct Rules 13a-15(e) and 15d-15(e) for the registrant and have: (a) Designed such disclosure controls andprocedures, or caused such disclosure controls and procedures to bedesigned under our supervision, to ensure that material informationrelating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly duringthe period in which this report is being prepared;  (b) Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report ourconclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based onsuch evaluation; and  (c) Disclosed in this report any change in theregistrant’s internal control over financial reporting that occurredduring the registrant’s most recent fiscal quarter that has materiallyaffected, or is reasonably likely to materially affect, theregistrant’s internal control over financial reporting; and 5. The registrant’s other certifying officers and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board of directors(or persons performing the equivalent function): (a) All significant deficiencies and materialweaknesses in the design or operation of internal control overfinancial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financialinformation; and  (b) Any fraud, whether or not material, thatinvolves management or other employees who have a significant role inthe registrant’s internal controls over financial reporting.Date: November 9, 2007                                                              /s/ WILLIAM W. PHILLIPS   William W. Phillips,   President, Chief Operating Officer
# DLA Installation Management Susquehanna Fire Department helps rescue child from drainpipe

/ Published March 15, 2022
NEW CUMBERLAND, Pa., 
Defense Logistics Agency Installation Management Susquehanna’s Fire Department rescued a 9-year-old child from a drainpipe in York County, Pennsylvania, March 4.

“DLA Susquehanna’s Rescue 69 swiftly responded to the incident, finding the child who had slipped and fallen into the pipe and was stuck 6 inches above her head,” said Amy Snyder, chief, Security & Emergency Services, DLA Installation Management Susquehanna.

Rescue 69, along with members of the York Advanced Technical Rescue, York Area United Fire and Rescue and Spring Garden Township worked for about an hour and were able to successfully remove the child from the pipe. She was then treated for minor injuries and transported by Emergency Management Services to the hospital.

Rescue 69 responded to the call by special request from the incident commander due to the department’s unique knowledge, skills and abilities for high risk, low frequency rescue incidents.

When Rescue 69 responds to these types of calls, they always send four highly trained special rescue personnel along with a specially trained rescue medic. These assets are invaluable for the installation and fully support DLA’s strategic plan through strong community partnerships with our local government partners.
#### The People of the State of New York, Respondent, v Ricardo Sanchez, Appellant.

[767 NYS2d 621]

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered May 10, 2000, convicting defendant, upon his plea of guilty, of assault in the first degree, and sentencing him, as a second felony offender, to a term of 11 Vs years, unanimously affirmed.

After conducting a thorough hearing, the court properly exercised its discretion in denying defendant’s motion to withdraw his guilty plea. The record of the plea allocution, along with the testimony adduced at the plea withdrawal hearing, establishes that the plea was knowing, intelligent and voluntary, and that defendant received effective assistance of counsel, including appropriate advice concerning the offered plea *(see People v Ford,*86 NY2d 397, 404 [1995]; *see also Strickland v Washington,*466 US 668 [1984]). The court’s description of the extent of defendant’s sentencing exposure in the event of a conviction after trial was not coercive *(see Britt v State of New York,*260 AD2d 6, 12-13 [1999], *lv denied*95 NY2d 753 [2000]; *People v Cornelio,*227 AD2d 248 [1996], *lv denied*88 NY2d 982 [1996]). We have considered and rejected defendant’s remaining arguments. Concur—Tom, J.P., Andrias, Saxe and Ellerin, JJ.
# DLA Energy receive quarterly command update

/ Published Nov. 8, 2021
FORT BELVOIR, Va., 
From across the globe, more than 615 Defense Logistics Agency Energy employees participated in a virtual All Hands held from the Fort Belvoir McNamara Headquarters Complex auditorium Nov. 2.

The workforce was updated on the DLA Energy 2021 Culture Action Plan, recent employee awards and recognition, and the COVID-19 vaccination documentation system.

The cornerstone of the quarterly meeting was DLA Energy Deputy Commander Dave Kless’ introduction to the DLA Energy 2021 Culture Action Plan (internal link). People and Culture is one of DLA’s Critical Capabilities from the DLA 2021-2026 Strategic Plan and the most important asset is our people, Kless told the audience.

“Our ability to attract, develop and retain a diverse, skilled workforce is vital to our continued success here in DLA Energy,” he said. “We must all work together to fortify this culture.” 

                DLA Energy receive quarterly command update                            The DLA Energy Culture Climate Survey results compared from 2018 to 2020. DLA Energy scored in the 4th quartile in all focus areas on the survey, but the goal for fiscal year 2022 is to sustain the high scores in our organization and provide areas for improvement moving forward. Graphic from DLA Energy Culture Climate Committee.            SHARE IMAGE:Download ImageImage DetailsPhoto By: Graphic from DLA Energy Culture Climate CommitteeVIRIN: 211102-D-D0441-500DLA Energy Culture Climate Committee Secretary Darren Dunham briefed the specific focus areas, intended actions and metrics of the Culture Action Plan. DLA Energy performed well and increased its Cultural Percentile Score by six points from 2018 to 2020.

“DLA Energy scored in the 4th quartile in all focus areas on the survey,” Dunham said. “The goal for fiscal year 2022 is to sustain the high scores in our organization and provide areas for improvement moving forward.” 

The DLA Energy Culture Climate Committee will work on improving customer focus initiatives and communication and relationships across DLA Energy over the next year. Fiscal year 2022 goals include improving Energy culture through subordinate training and mentorship and better understanding of DLA core values: Leadership, Professionalism and Technical Knowledge through Dedication to Duty, Integrity, Ethics, Honor, Courage and Loyalty.  already achieved

In addition to the Culture Action Plan, DLA Energy Commander Air Force Brig. Gen. Jimmy Canlas gave recognition to DLA Energy fiscal year 2021 4th Quarter award winners. He acknowledged the tremendous work Energy employees accomplished over the past few months in supporting the Haiti Earthquake, Operation Allies Refuge/Operation Allies Welcome, Hurricane Ida, contracting during product shortages and the LANDSTAT-9 Launch.  

The All Hands finished with discussion of safety considerations as the command enters the winter holiday season.

These quarterly events help keep employees informed and in touch with leadership. The next event is scheduled for February 28, 2022.
#### Cyril, Matter of, v New York City Dept. of Hous. Preserv. & Dev.

1st Dept: 140 AD3d 632

denied
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________ No. 95-60188 Summary Calendar

__________________ APOLO ROGELIO FLORES-CASTILLO, Petitioner,
versus IMMIGRATION AND NATURALIZATION SERVICE, Respondent.

- - - - - - - - - - Petition for Review of an Order of the Board of Immigration Appeals

A70-001-624
- - - - - - - - - - December 1, 1995 Before DAVIS, BARKSDALE and DeMOSS, Circuit Judges. PER CURIAM: * This is an appeal from the Board of Immigration Appeals' (BIA) order dismissing appellant's petition for asylum and withholding of deportation. He urges that he is entitled to asylum or, alternatively, the case should be remanded to the BIA so that he may present his petition with the assistance of counsel. He requests that the court consider additionalNo. 95-60188 -2- evidence which he did not submit during his deportation proceedings. This court's review is limited evidence included in the administrative record. Miranda-Lores v. INS , 17 F.3d 84, 85 (5th Cir. 1994). We have reviewed that record and the BIA's opinion and find no error. 8 U.S.C. § 1158(a); Jukic v. INS , 40 F.3d 747, 749 (5th Cir. 1994). The appellant has failed to demonstrate that remand is required in this case. 28 U.S.C. § 2347(c). If the appellant wishes to reopen his deportation proceeding, he should file with the BIA a motion to reopen the deportation proceedings for the submission of new evidence. Faddoul v. INS , 37 F.3d 185, 190 (5th Cir. 1994); Pritchett v. INS , 993 F.2d 80, 83 (5th Cir.), cert. denied , 114 S. Ct. 345 (1993). DENIED.