alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

PRISCILLA A. MINTER,

Claimant-Appellant

v.

ROBERT A. MCDONALD, SECRETARY OF 

VETERANS AFFAIRS,

Respondent-Appellee

______________________ 

2015-7057

______________________ 

Appeal from the United States Court of Appeals for 

Veterans Claims in No. 14-647, Chief Judge Bruce E. 

Kasold.

______________________ 

JUDGMENT

______________________ 

KENNETH M. CARPENTER, Law Offices of Carpenter 

Chartered, Topeka, KS, argued for claimant-appellant.

JANA MOSES, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, 

DC, argued for respondent-appellee. Also represented by 

BENJAMIN C. MIZER, ROBERT E. KIRSCHMAN, JR., MARTIN 

F. HOCKEY, JR.; TRACEY PARKER WARREN, Y. KEN LEE,

MEGHAN ALPHONSO, BRANDON A. JONAS, Office of General 
 

Counsel, United States Department of Veterans Affairs, 

Washington, DC.

______________________ 

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED: 

 PER CURIAM (MOORE, TARANTO, and STOLL, Circuit 

Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

February 8, 2016 /s/ Daniel E. O’Toole

 Date Daniel E. O’Toole 

 Clerk of Court
[Federal Register Volume 74, Number 38 (Friday, February 27, 2009)]
[Notices]
[Pages 8931-8932]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-4167]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER09-689-000]


Florida MSW3 LLC; Supplemental Notice That Initial Market-Based 
Rate Filing Includes Request for Blanket Section 204 Authorization

February 20, 2009.
    This is a supplemental notice in the above-referenced proceeding of 
Florida MSW3 LLC's application for market-based rate authority, with an 
accompanying rate tariff, noting that such application includes a 
request for blanket authorization, under 18 CFR part 34, of future 
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the 
Federal Energy Regulatory Commission, 888 First Street, NE., 
Washington, DC, 20426, in accordance with Rules 211 and 214 of the 
Commission's Rules of Practice and Procedure (18 CFR 385.211 and 
385.214). Anyone filing a motion to intervene or protest must serve a 
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with 
regard to the applicant's request for blanket authorization, under 18 
CFR part 34, of future issuances of securities and assumptions of 
liability, is March 12, 2009.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet 
access who will eFile a document and/or be listed as a contact for an 
intervenor must create and validate an eRegistration account using the 
eRegistration link. Select the eFiling link to log on and submit the 
intervention or protests.
    Persons unable to file electronically should submit an original and 
14 copies of the intervention or protest to the Federal Energy 
Regulatory Commission, 888 First St., NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in 
the Commission's eLibrary system by clicking on the appropriate link in 
the above list. They are also available for review in the Commission's 
Public Reference Room in Washington, DC. There is an eSubscription link 
on the Web site that enables subscribers to receive e-mail notification 
when a document is added to a subscribed docket(s). For assistance with 
any FERC

[[Page 8932]]

Online service, please e-mail <a href="/cdn-cgi/l/email-protection#b0f6f5e2f3ffdedcd9ded5e3c5c0c0dfc2c4f0d6d5c2d39ed7dfc6"><span class="__cf_email__" data-cfemail="0b4d4e594844656762656e587e7b7b64797f4b6d6e7968256c647d">[email protected]</span></a> or call (866) 
208-3676 (toll free). For TTY, call (202) 502-8659.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-4167 Filed 2-26-09; 8:45 am]
BILLING CODE 6717-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
# C_2018356EN.01015001.xml

| 4.10.2018 | EN | Official Journal of the European Union | C 356/150 |
| --- | --- | --- | --- |

4.10.2018

EN

Official Journal of the European Union

C 356/150

---

P8_TA(2017)0433

Nomination of a member of the Court of Auditors — Baudilio Tomé Muguruza

European Parliament decision of 15 November 2017 on the nomination of Baudilio Tomé Muguruza as a Member of the Court of Auditors (C8-0331/2017 — 2017/0815(NLE))

(Consultation)

(2018/C 356/28)

The European Parliament,

| — | having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0331/2017), |
| --- | --- |

—

having regard to Article 286(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C8-0331/2017),

| — | having regard to Rule 121 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 121 of its Rules of Procedure,

| — | having regard to the report of the Committee on Budgetary Control (A8-0342/2017), |
| --- | --- |

—

having regard to the report of the Committee on Budgetary Control (A8-0342/2017),

| A. | whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union; |
| --- | --- |

A.

whereas Parliament’s Committee on Budgetary Control proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 286(1) of the Treaty on the Functioning of the European Union;

| B. | whereas at its meeting of 26 October 2017 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors; |
| --- | --- |

B.

whereas at its meeting of 26 October 2017 the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors;

| 1. | Delivers a favourable opinion on the Council’s nomination of Baudilio Tomé Muguruza as a Member of the Court of Auditors; |
| --- | --- |

1.

| 2. | Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States. |
| --- | --- |

2.

---
# C_2016157EN.01000101.xml

| 3.5.2016 | EN | Official Journal of the European Union | C 157/1 |
| --- | --- | --- | --- |

3.5.2016

EN

Official Journal of the European Union

C 157/1

---

Notice for the attention of persons subject to the restrictive measures provided for in Council Decision 2013/255/CFSP and Council Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria

(2016/C 157/01)

The following information is brought to the attention of Mr Emad Abdul-Ghani Sabouni, Mr Hussein Mahmoud Farzat, Mr Adnan Hassan Mahmoud, Mr Mahammad al-Jleilati, Mr Joseph Suwaid, persons appearing in Annex I to Council Decision 2013/255/CFSP (1) and in Annex II to Council Regulation (EU) No 36/2012 (2) concerning restrictive measures in view of the situation in Syria.

1

2

The Council intends to maintain the restrictive measures against the abovementioned persons with a new statement of reasons. Those persons are hereby informed that they may submit a request to the Council to obtain the intended statement of reasons before 6 May 2016, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| DG C 1C |
| Rue de la Loi/Wetstraat 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |
| Email: sanctions@consilium.europa.eu |

Council of the European Union

General Secretariat

DG C 1C

Rue de la Loi/Wetstraat 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

Email: sanctions@consilium.europa.eu

---

(1)  OJ L 147, 1.6.2013, p. 14.

1

(2)  OJ L 16, 19.1.2012, p. 1.

2

---
Exhibit 32.2

Certification
  by the Chief Financial Officer Pursuant to 18 U. S. C. Section 1350, as AdoptedPursuant to Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant to 18 U. S. C.
  Section 1350, I, Barbara Duncan, hereby certify that, to the best of my knowledge,
  the Quarterly Report on Form 10-Q of DOV Pharmaceutical, Inc. for the quarter
  ended June 30, 2004 (the Report) fully complies with the requirements
  of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, and
  that the information contained in the Report fairly presents, in all material
  respects, the financial condition and results of operations of DOV Pharmaceutical,
  Inc.

A signed original of this
  written statement required by Section 906 has been provided to DOV and will
  be retained by DOV and furnished to the Securities and Exchange Commission or
  its staff upon request.

|/s/
      Barbara Duncan     
|-----------------------------
|                             
|Barbara
      Duncan         
|Chief
      Financial Officer
|August
      9, 2004         

This certification accompanies
  this Report on Form 10-Q pursuant to Section 906 of the Sarbanes-Oxley Act of
  2002 and shall not, except to the extent required by such Act, be deemed filed
  by the Company for purposes of Section 18 of the Securities Exchange Act of
  1934, as amended (the Exchange Act). Such certification will not
  be deemed to be incorporated by reference into any filing under the Securities
  Act of 1933, as amended, or the Exchange Act, except to the extent that the
  Company specifically incorporates it by reference.



---
No. 09-8485.

#### Michael Joseph Derrow, Petitioner v. United States.

559 U.S. 958, 130 S. Ct. 1555,

176 L. Ed. 2d 144,

2010 U.S. LEXIS 1371.

February 22, 2010.

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

Same case below, 349 Fed. Appx. 962.
# C_2018298EN.01028501.xml

| 23.8.2018 | EN | Official Journal of the European Union | C 298/285 |
| --- | --- | --- | --- |

23.8.2018

EN

Official Journal of the European Union

C 298/285

---

P8_TA(2017)0106

Application of the provisions of the Schengen acquis relating to the Schengen Information System in Croatia *

European Parliament legislative resolution of 5 April 2017 on the proposal for a Council decision on the application of the provisions of the Schengen acquis in the area of the Schengen Information System in the Republic of Croatia (COM(2017)0017 — C8-0026/2017 — 2017/0011(NLE))

(Consultation)

(2018/C 298/27)

The European Parliament,

| — | having regard to the Commission proposal to the Council (COM(2017)0017), |
| --- | --- |

—

having regard to the Commission proposal to the Council (COM(2017)0017),

| — | having regard to Article 4(2) of the Act of Accession of 9 December 2011 (1), pursuant to which the Council consulted Parliament (C8-0026/2017), |
| --- | --- |

—

having regard to Article 4(2) of the Act of Accession of 9 December 2011 (1), pursuant to which the Council consulted Parliament (C8-0026/2017),

| — | having regard to Rule 78c of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 78c of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0073/2017), |
| --- | --- |

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0073/2017),

| 1. | Approves the Commission proposal; |
| --- | --- |

1.

| 2. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

2.

| 3. | Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament; |
| --- | --- |

3.

| 4. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

4.

---

(1)  OJ L 112, 24.2.2012, p. 21.

---
No. 11-7176.

#### Raymond Gather, Petitioner v. Oklahoma Army National Guard, et al.

565 U.S. 1125, 132 S. Ct. 1031,

181 L. Ed. 2d 760,

2012 U.S. LEXIS 59.

January 9, 2012.

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.
EXHIBIT 10.29


PROMISSORY
NOTE





$16,573,350.89
                
                October
      8, 2009





Mission West Properties,
L.P., Mission West Properties, L.P. I, Mission West Properties, L.P. II, and
Mission West Properties, L.P. III (collectively referred to herein as
“Mission”)





promises
to pay to The
Berg
Group





the
principal sum of Sixteen Million Five Hundred Seventy Three Thousand Three
Hundred Fifty Dollars and 89 Cents ($16,573,350.89),





plus
interest at the rate of 30 day LIBOR plus 1.75 percent per annum (compounded on
the basis of a 366-day year) beginning on the 8th day of October,
2009.





Should
interest not so be paid, it shall thereafter bear like interest as the
principal, but such unpaid interest so compounded shall not exceed an amount
equal to simple interest on the unpaid principal at the maximum rate permitted
by law. Should default be made in the payment of any installment of interest
when due, the whole sum of principal and interest shall become immediately due
and payable at the option of the holder of this note.  Should suit be
commenced or an attorney employed to enforce the payment of this note, we agree
to pay such additional sum as the court may adjudge as reasonable attorney’s
fees in said suit. Principal and interest are payable in lawful money of the
United States.





Principal
and interest are payable in lawful money of the United States no later than
December 31, 2009.  Notwithstanding the above, Mission shall use its
best efforts to repay the loan as soon as possible using all available sources
of cash, including but not limited to cash generated from operations and cash
available from any other financing sources.





Signed By:
                            
                            /s/ Raymond V. Marino
                            
                            10/8/09Raymond V. Marino, Pres. & COO
                            
                            DateMission West Properties, Inc.Its General PartnerAcknowledged:
                            s/ Carl E. Berg
                            
                            10/8/09Carl E. Berg
                            
                            Date
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

MATTHEW DAVID LOPEZ, )

)

Appellant, )

)

v. ) Case No. 2D18-4883

)

STATE OF FLORIDA, )

)

Appellee. )

___________________________________)

Opinion filed August 21, 2019.

Appeal pursuant to Fla. R. App. P.

9.141(b)(2) from the Circuit Court 

for Pasco County; Susan G. Barthle, 

Judge.

Matthew David Lopez, pro se.

PER CURIAM.

Affirmed. See Johnson v. State, 60 So. 3d 1045 (Fla. 2011); State v. 

Mancino, 705 So. 2d 1379 (Fla. 1998); Hughes v. State, 22 So. 3d 132 (Fla. 2d DCA 

2009); Vonador v. State, 915 So. 2d 1231 (Fla. 2d DCA 2005); Pitts v. State, 832 So. 2d 

260 (Fla. 2d DCA 2002); Brown v. State, 827 So. 2d 1054 (Fla. 2d DCA 2002); Labadie 

v. State, 840 So. 2d 332 (Fla. 5th DCA 2003).

MORRIS, SLEET, and ATKINSON, JJ., Concur.
No. 11-7788.

#### Richard Valenzuela, Petitioner v. United States.

565 U.S. 1170, 132 S. Ct. 1123,

181 L. Ed. 2d 1001,

2012 U.S. LEXIS 638.

January 17, 2012.

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

Same case below, 657 F.3d 811.
No. 09-761.

#### Sylvester J. Hoffart, Petitioner v. Bob Herman, et al.

559 U.S. 972, 130 S. Ct. 1699,

176 L. Ed. 2d 183,

2010 U.S. LEXIS 2182.

March 1, 2010.

Petition for writ of cer-tiorari to the United States Court of Appeals for the Fifth Circuit denied.

Same case below, 328 Fed. Appx. 972.
EXHIBIT 22

                            MEDICAL INNOVATIONS, INC.

                              LIST OF SUBSIDIARIES

The Great Eastern Nursing Corp. - incorporated in Texas(1)
Nurses PRN of Virginia, Inc. - incorporated in Texas(1)
Medical Innovations (Texas), Inc. - incorporated in Texas(1)
Medical Innovations, Inc. of New Jersey - incorporated in Delaware(1)
Medical Innovations of Virginia, Inc. - incorporated in Texas(1)
Physician's Visiting Nurse Service, Inc. - incorporated in Texas(2)
Nursing Innovations, Inc. - incorporated in Texas(1)
Desert Corporation - incorporated in Nevada(3)
Home Health Associates, Inc. - incorporated in Nevada(4)
Home Care Management Corporation - incorporated in Nevada(5)
PRN Home Health Care, Inc. - incorporated in Nevada(6)
Southern Nevada Hospice, Inc. - incorporated in Nevada(7)
Nevada Home Care Partners, Inc. - incorporated in Nevada(8)

(1)Does business as "Medical Innovations"
(2)Does business as "Physician's Visiting Nurse Service"
(3)Does business as "PRN Extended Care"
(4)Does business as "Home Health Associates"
(5)Does business as "Home Care Management"
(6)Does business as "PRN Extended Care"
(7)Does business as "PRN Home Hospice"
(8)Does business as "Charleston Home Health Care"
18 January 2013 *********************************

NSN: 8960-01-613-1427 (BPG) *MONOGRAPH NO: MCW/LRP 44*

*********************************

Item: Beverage powder, Carbohydrate, Grape, Fortified with ascorbic acid, vitamin D, and 

fiber, and enhanced with maltodextrin (Flavor 2, Formulation c)

Document: PCR-B-055, Beverage Powder, Carbohydrate, Packaged in a Flexible Pouch, Shelf 

Stable

Approximate Caloric Value Per Serving: 180 Component Classification: Secondary

Estimated Shelf Life: 36 months at 80°F

Item Characteristics

Appearance: Powdered product: Uniformly blended, free flowing, homogenous, dry mixture.

Rehydrated product: Clear to slightly cloudy, sediment-free, purple color liquid.

Odor: Powdered product: Typical of flavor specified.

Rehydrated product: Sweet grape

Flavor: Powdered product: Typical of flavor specified.

Rehydrated product: Sweet grape.

Texture: Powdered product: Free of hard lumps.

Possible Deteriorative Changes 

Appearance: Powdered product: Lumpy or caked, not free flowing. 

Rehydrated product: Darkened color, settling or undissolved material.

Odor: Perfume, not grape, oxidized vitamins.

Flavor: Perfume, lack of grape flavor, lack of sweetness, extreme bitterness or sourness, 

oxidized and or excessively strong vitamin flavor.

Texture: Settling or undissolved material when rehydrated, produces an astringent mouth feel.

Unique Examination/Test Procedures

Initial exam shall be done in the dry state. For final exam, prepare beverage in accordance with package 

directions. Check package seal integrity for poor seals due to improper sealing or product in seal area.

Special Notes

Product may contain lumps which are of no concern provided they break or fall apart under light finger 

pressure. Dark brown specs may become larger as more moisture is absorbed into the product.
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT AR AM DIPLOSHYAN, Pe titione r, v. LORETTA E. LYNC H, Attorne y Ge ne ra l, R

e sponde n t . No. 13-72824 Age n c y No. A099-968-427 M EM O R ANDUM *

On Pe tition for Re vie w of a n Orde r of the B oa rd of Im m igration Appe a ls Argue d and Subm itte d June 7, 2016 Pa sa de n a , C a l ifornia B e fore : FER

NANDEZ, R

AW LINSON, a

nd B E A, C i rc uit Judge s. Aram Diploshy an pe titions for re vie w of the de c ision of the B oa rd of Im m i gration Appe a l s (B IA) dism issing his a ppe a l of the de n ia l of his a pplic ation for a s y lum , withholding of re m ova l, a nd re lie f unde r the C onve ntion Against Torture (C AT). Diploshy an a sse rts tha t the B IA e rre d whe n it he ld tha t he fa ile d to 

# FIL ED JUN 23 2016 M OLLY C. DW Y ER, CLERK U . S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3. 1e sta

blish pa st pe rse c ution, a we ll-founde d fe ar of future pe rse c ution, a nd a like lihood of torture

if he re t urne d to Arm e nia . 1. Substa ntia l e v ide nc e supports the B IA’ s de te rm ination tha

t Diploshy an fa ile d to e sta

blish pa st pe rse c ution. W e have de sc ribe d pe rse c ution a s “ an e xtre m e c onc e pt tha

t doe s not inc lude e v e ry

sort of tre atm e nt our soc ie ty re ga rds a s offe nsive .” Halim v . Holde r , 590 F.3d 971, 975 (9th C ir. 2009) (c ita tion omitte d). Vie we d se pa

ra te ly or c um ulative ly , Diploshy an’ s re p o rte d inc ide nts do not c om pe l a finding of pa st pe rse c ution. Se e id. at 975-76 (de ny ing a

n a sy lum c la im unde r sim ila r c irc um s ta

nc e s ). Furthe r, a s the B IA note d, the fa c t tha t Diploshy an re turne d to Arm e nia

a fte r thre e of the four e ve nts unde rly i ng his c la im s ha d oc c urre d se ve re ly

unde rm ine s his c la im

tha t he fe a rs future pe rse c ution. Se e Tamang v . Holde r , 598 F.3d 1083, 1094 (9th C i r. 2010). Diploshyan’ s fa ilure to e sta blish e l igibility

for a s y lum ne c e ssa

rily pre c lude s “ withholding of rem ova l, whic h im pose s a he a v ie r burde n of proof.” Ze haty e v . Gonzale s , 453 F.3d 1182, 1190 (9th C ir. 2006). 2. Substa ntia l e v ide nc e a lso supports the de nia l of C AT re lie f. Diploshy an fa ile d to produc e any

e vide nc e illustra

t ing a c le a r proba bility of a n individualiz e d 2risk of tortureif he re turns to Arm e nia . Se e W ak k ary v . Holde r , 558 F.3d 1049, 1068 (9th C ir. 2009).
PE T IT IO N DE NIE D.

3
No. 09-6338.

#### Percy Dillon, Petitioner v. United States.

559 U.S. 969, 130 S. Ct. 1730,

176 L. Ed. 2d 178,

2010 U.S. LEXIS 2157.

March 1, 2010.

Motion of petitioner for leave to file Volume II of the joint appendix under seal granted.