alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT WALTER

SHANE LANGSTON, Plaintiff - Appe lla nt, v. JOSEPH OR

R , Supe rior C ourt Judge , De fe nda

nt - Appe lle e . No. 12-17741 D.C . No. 2:11-c v-01625-JAM JFM M EM O R ANDUM * Appe a l from

the Unite d

Stat e s Distric t C ourt for the Ea ste rn Distric t of C a lifornia J ohn A. M e nde z , Distric t Judge , Pre siding Subm itte d

April 7, 2014 * * B e fore : TASHIM A , GR AB ER , a nd IKUTA, C irc uit Judge s. C a lifornia sta te prisone r W a lte r Shane La ngston a p pe a ls pro se from

the distric t c o urt’ s judgm e nt dismissing his 42 U.S.C . § 1983 a c tion a lle ging due proc e s s viola

tions a rising from

his sta te c o urt c rim i na l a c tion over whic h de fe nda nt Judge Orr pre side d. W e have jurisdic tion under 28 U.S.C . § 1291. W e re vie w de 

# FIL ED APR 14 2014 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. ** The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se eFe d. R . App. P. 34(a)(2).novo. K

nie v e l v . ESPN

, 393 F.3d 1068, 1072 (9th C i r. 2005). W e a ffirm . The distric t c ourt prope rly dismisse d La

n gston’ s c la im s for da

m a ge s a ga inst Judge Orr in his offic ia l c a pa c ity a s ba rre d by the Ele ve nth Am e ndm e nt. Se eFlint v . De nnison , 488 F.3d 816, 824-25 (9th C ir. 2007) (sta te offic ia ls sue d for da

m a ge s in the ir offic ia l c a

pa c itie s a re e ntitle d to Ele ve nth Am e ndm e nt im m unity). The distric t c ourt prope rly dismisse d La

n gston’ s c la im s a g a i nst JudgeOrr in his individua

l c a pa c ity on theba sis of judic ia l im m unity be c a use La n gston fa ile d to a l le ge fa c ts showing tha t JudgeOrr took nonjudic ia l a c tions aga inst him , or tha t Judge Orr’ s judic ia l a c tions we re ta ke n in c om

ple te a bse nc e of a l l jurisdic t ion. S e e Me e k v . C ounty of Riv e rside , 183 F.3d 962, 965 (9th C ir. 1999) (e xpla ining tha t

“ [a ] judgeis not de

prive d of im

m unity be c a use he ta ke s a c tions whic h a

re in e rror . . . or a re in e x c e ss of his a

uthority [,] ” an d se tting forth the two e xc e ptions to judic ia l im

m unity); Ashe lman v . Pope , 793 F.2d 1072, 1075-76, 78 (9th Ci r. 1986) (se tting forth the

fa c tors to c o nside r whe n de te rm ining whe the r a give n a c tion is judic ia l in na

t ure and c onc luding tha

t judic ia l im

m unity is a de fe nse so long a s “ the judge ’ s ultimate a c t s a

re judic ia l a c tions ta

ke n within the

c ourt’ s subje c t m atte r jurisdic tion” ).

1 2 - 1 7 7 4 1 2Langston’ s re lia nc e on Fe de ra l R

ule of C ivil Proc e d

ure 10 a nd Fe de ra l R

ule of C rim ina l Proc e dure 11 is unpersua sive . AFFIRM E D.

1 2 - 1 7 7 4 1 3
**EXHIBIT32**

CERTIFICATIONOF PRINCIPAL EXECUTIVE OFFICER AND PRINCIPAL FINANCIAL

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

Inconnection with the Report (as defined under the preceding Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of2002), I, Peter Lamoureux, President of Everest Asset Management, Inc. , the general partner of the Everest Fund, L.P. (the “Fund”),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 results of operationsof the Fund.

 

By:/s/ Peter Lamoureux

 

Name:Peter Lamoureux

Title:Director, President and Treasurer

Date:April 2, 2018
```

[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Notices]
[Page 25000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-10228]

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

DEPARTMENT OF STATE

[Public Notice: 9122]

In the Matter of the Designation of Hussein Atris, Also Known as 
Atris Hussein as a Specially Designated Global Terrorist Pursuant to 
Section 1(b) of Executive Order 13224, as Amended

    Acting under the authority of and in accordance with section 1(b) 
of Executive Order 13224 of September 23, 2001, as amended by Executive 
Order 13268 of July 2, 2002, and Executive Order 13284 of January 23, 
2003, I hereby determine that the individual known as Hussein Atris, 
also known as Atris Hussein, committed, or poses a significant risk of 
committing, acts of terrorism that threaten the security of U.S. 
nationals or the national security, foreign policy, or economy of the 
United States.
    Consistent with the determination in section 10 of Executive Order 
13224 that ``prior notice to persons determined to be subject to the 
Order who might have a constitutional presence in the United States 
would render ineffectual the blocking and other measures authorized in 
the Order because of the ability to transfer funds instantaneously,'' I 
determine that no prior notice needs to be provided to any person 
subject to this determination who might have a constitutional presence 
in the United States, because to do so would render ineffectual the 
measures authorized in the Order.
    This notice shall be published in the Federal Register.

    Dated: April 22, 2015.
John F. Kerry,
Secretary of State.
[FR Doc. 2015-10228 Filed 4-30-15; 8:45 am]
 BILLING CODE 4710-AD-P
```
ARMED SERVICES BOARD OF CONTRACT APPEALS 

Appeal of -- ) 

) 

Advanced Global Resources, LLC ) 

) 

Under Contract No. W9llRQ-18-0-0001 ) 

APPEARANCE FOR THE APPELLANT: 

APPEARANCES FOR THE GOVERNMENT: 

ASBCA No. 61909 

David Y. Yang, Esq. 

Dickstein Shapiro LLP 

Washington, DC 

Raymond M. Saunders, Esq. 

Army Chief Trial Attorney 

MAJ Wayne T. Branom III, JA 

Trial Attorney 

ORDER OF DISMISSAL 

The Board is in receipt of a letter by Advanced Global Resources, LLC (AGR or 

appellant), dated January 28, 2019, requesting that this appeal be dismissed without 

prejudice. Pending before the Board is the Army's motion to dismiss for lack of subject 

matter jurisdiction, arguing that AGR failed to submit a claim to the contracting officer 

for final decision, and alternatively, that AGR failed to certify the claim. Appellant 

asserts in its letter that it has now submitted a certified claim to the Army, and wishes to 

reserve its right to appeal any final decision by the Army on its certified claim. On 

January 31, 2019, the government expressed it does not object to appellant's request. For 

good cause shown, this appeal is dismissed without prejudice. 

Dated: February 8, 2019 

LIS B. YOUNG 

Administrative Judge 

Armed Services Board 

of Contract Appeals 
I certify that the foregoing is a true copy of the Order of Dismissal of the Armed 

Services Board of Contract Appeals in ASBCA No. 61909, Appeal of Advanced Global 

Resources, LLC, rendered in conformance with the Board's Charter. 

Dated: 

2 

JEFFREY D. GARDIN 

Recorder, Armed Services 

Board of Contract Appeals
English translation of Form of Powers of Attorney, dated September 1, 2010



 English Translation 

 
 Exhibit 4.41 

Form of Power of Attorney 

I,             , citizen of the People’s Republic of China (the “PRC”) with ID
No.              of                     , is the shareholder of Beijing Guanyou Gamespace
Digital Technology Co., Ltd. (“Guanyou Gamespace”) holding [60%][40%] equity interest of Guanyou Gamespace, hereby irrevocably appoint
                     with the following powers and rights during the term of this Power of Attorney: 

I hereby appoint              to exercise, on my behalf, all shareholder’s rights
corresponding to the [60%][40%] equity interests of Guanyou Gamespace in accordance with PRC laws and Guanyou Gamespace’s Articles of Association at the shareholders’ meetings of Guanyou Gamespace, including but not limited to the right to
call the shareholder’s meeting, accept the notice regarding the shareholder’s meeting and its agenda, participate in the shareholder’s meeting and exercise the voting right (including elect, designate or appoint the director, general
manager, financial controller or other senior management personnel, the matters of distribution of dividend), to sell or transfer any or all of equity interests of Guanyou Gamespace. 
 Such authorization and appointment are based upon the precondition that              is acting as an employee of Beijing Changyou Gamespace
Software Techonology Co, Ltd (“Gamespace”) and Gamespace agrees in written such authorization and appointment. Once              loses his title or position in Gamespace or
Gamespace notifies of the termination of such authorization and appointment, I shall withdraw such authorization and appointment to him immediately and designate/authorize the other individual nominated by Gamespace to exercise the full aforesaid
rights on behalf of myself at the shareholders’ meetings of Guanyou Gamespace. If I die, I agree to transfer the right and obligation pursuant to this Power of Attorney to the person designated by Gamespace. 

The initial term of this Power of Attorney is ten (10) years upon the execution date of this Power of Attorney during the duly existing term of
Guanyou Gamespace unless the early termination of Operation Agreement jointly executed by Gamespace and Guanyou Gamespace by any reason. If the term expires, upon the request by Gamespace, I will extend the term of this Power of Attorney. Within the
term of this Power of Attorney, this Power of Attorney shall not be revised or terminated without the consent of Gamespace. 
  

			
	  
	 	(Signature)
	
	                    ,
2010
fs1a6ex10i_hunt4travel.htm


 


Exhibit 10.1








 


Europa Capital Investments, LLC


100 Europa Drive, Suite 455


Chapel Hill, NC 27517


 


 


Hunt For Travel, Inc 


90122 Hoey


Chapel Hill, NC 27517


 


Dear Carolyn Hunt,


 


This letter will serve as our agreement to provide administrative and other miscellaneous services to Hunt For Travel, Inc. Our services will also from time to time include help with various transactions that the company may be considering.


 


Europa Capital Investments, LLC will bill Hunt For Travel, LLC $5,000 a month to cover the monthly retainer and incidental expenses that may occur. Europa Capital Investments, LLC will also submit bills directly associated with transactions directly to the company to be paid.


 


This agreement will remain in effect until one or the other party informs the other that the agreement is ending.


 


Sincerely,


 


/s/ Peter Reichard 


Peter Reichard 


Managing Director


 




	 	 	 	 	 
	
/s/ Carolyn Hunt

	 	 	
2/1/12010

	 
	
 

	 	 	
Date

	 
	President	 	 	 	 
	
Title
Safety Protocols and Checklists

The primary objective of these protocols are to ensure the safety of any individual, structure, or 

craft on the ground, or anywhere in National Air Space. All FAA rules and guidelines must be strictly 

adhered to, as well as all of the operational recommendations of the manufacturer. 

A.) Pre-Flight Scene Size up:

Date:_________________________________________________________________

Location:______________________________________________________________

Weather:______________________________________________________________

Proximity to Airport:_____________________________________________________

Airport Contacted □ Yes □ No Date:_____________ Time:______________

Contact Name:_________________________

Contact Telephone:_____________________

Nearest Congested Area:__________________________________________________

Approximate Takeoff Time

Approximate Landing Time

Estimated Elevation

Safety Concerns at location

Additional Comments

Pilot in Command:_____________________________________________________

Visual Observer:_______________________________________________________
B.) Checklists:

Pre-Flight Hardware Check:

Batteries Okay Problem

Securely inserted

Inspire 1 battery (Above 80%)

Ground Station battery

Remote Control battery

Inspire 1 Platform

All screws and bolts tight

Center of gravity-Correct

All wires- connected and secure

Landing gear-secure and tight

Propellers

Aligned and Balanced

Secured in correct position

No Frost or Ice

No Damage

Gimbal and Camera

Lens cap removed

Proper filter applied

Horizontal calibration

Complete Compass Calibration

Additional Comments

Pre- Flight Setup

Ground Station Okay Problem

Latest Firmware Installed

No Fly Zones Loaded

Maps loaded

Video and Data Links

Altitude verified (AGL)

Inspire 1 Platform

GPS lock (6 satellites or more)

GPS mode active

IMU calibration

Home point set

Location

At least 5 miles from airport

If less, was airport contacted?

Area inspected for hazards

Additional Comments
Post-Flight Checklist

Inspire 1 Platform Okay Problem

All screws and bolts tight

Center of gravity-Correct

All wires- connected and secure

Landing gear-secure and tight

Propellers

Aligned and Balanced

Disconnected

No Damage

Gimbal and Camera

Camera lens okay

Lens Cap reapplied

Gimbal/ camera disconnected

Additional Comments
**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 Quarterly Report of Optigenex Inc. (the "Company") on Form
      10-Q for the quarterly period ended June 30, 2008, as filed with the Securities
      and Exchange Commission on the date hereof (the "Report"), I, Daniel Zwiren,
      the
      Chief Executive Officer and 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 results of operations of the
                Company.





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





Date:
                August 4, 2008/s/
                DANIEL ZWIRENDaniel
                ZwirenChief
                Executive Officer and Chief Financial
                Officer
Exhibit 23


               CONSENT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS


Boundless Corporation

We hereby consent to the incorporation by reference in the registration
statements of Boundless Corporation on Form S-8 (File Nos. 33-95846, 33-81106,
33-86896 and 333-76597) of our report dated March 14, 2002 on our audits of the
consolidated financial statements and schedules of Boundless Corporation and
Subsidiaries, which report is included in this Annual Report on Form 10-K for
the year ended December 31, 2001. Our report contains an explanatory paragraph
regarding the Company's ability to continue as a going concern.


BDO Seidman, LLP


Melville, New York
March 27, 2002
Twentieth Meeting of the Parties (Doha, 16 – 20 November 

2008)

Decision XX/9: Application of the Montreal Protocol’s trade 

provisions to hydrochlorofluorocarbons

Recalling decision XV/3, which clarifies the definition of States not party to the Montreal Protocol for the

purposes of obligations of Parties to the Copenhagen and Beijing Amendments to the Montreal Protocol in 

respect of control measures on hydrochlorofluorocarbons,

Noting decision XIX/6, by which the Parties agreed to accelerate the phase-out of hydrochlorofluorocarbons,

including the establishment of the new freeze date of 1 January 2013 for Parties operating under paragraph 1 of 

Article 5,

Acknowledging that the accelerated phase-out of hydrochlorofluorocarbons as determined by decision XIX/6 

brings forward control measures for hydrochlorofluorocarbons for Parties operating under paragraph 1 of Article 

5 of the Protocol from 2016 to 2013,

1. To annul paragraph 1 (a) of decision XV/3, which reads 

the term “State not party to this Protocol” in Article 4, paragraph 9 does not apply to those States 

operating under Article 5, paragraph 1, of the Protocol until 1 January 2016 when, in accordance 

with the Copenhagen and Beijing Amendments, hydrochlorofluorocarbon production and

consumption control measures will be in effect for States that operate under Article 5, paragraph 

1, of the Protocol;

and replace it with: the term “State not party to this Protocol” in Article 4, paragraph 9, does not 

apply to those States operating under Article 5, paragraph 1, of the Protocol until 1 January 2013 

when, in accordance with the Copenhagen and Beijing Amendments, hydrochlorofluorocarbon

production and consumption control measures will be in effect for States that operate under 

Article 5, paragraph 1, of the Protocol;

 

Decision XX/9: Application of the Montreal Protocol’s trade provisions to hydrochloroflu... Page 1 of 1

http://ozone.unep.org/new_site/en/Treaties/treaties_decisions-hb.php?nav_id=220 12/18/2013
Presidential Documents

9753 

Federal Register 

Vol. 74, No. 43 

Friday, March 6, 2009 

Title 3— 

The President 

Memorandum of March 3, 2009 

The Endangered Species Act 

Memorandum for the Heads of Executive Departments and Agencies 

The Endangered Species Act (ESA), 16 U.S.C. 1531 et seq., reflects one 

of the Nation’s profound commitments. Pursuant to that Act, the Federal 

Government has long required a process of broad interagency consultation 

to ensure the application of scientific and technical expertise to decisions 

that may affect threatened or endangered species. Under that interagency 

process, executive departments and agencies (agencies) contemplating an 

action that may affect endangered or threatened species have long been 

required, except in certain limited circumstances, to consult with, and in 

some circumstances obtain the prior written concurrence of, the Fish and 

Wildlife Service (FWS) and/or the National Marine Fisheries Service 

(NMFS)—the expert agencies that have the primary responsibility to ensure 

that the ESA is implemented in accordance with the law. 

On December 16, 2008, the Departments of the Interior and Commerce 

issued a joint regulation that modified these longstanding requirements. 

See 73 Fed. Reg. 76272. This new regulation expands the circumstances 

in which an agency may determine not to consult with, or obtain the 

written concurrence of, the FWS or NMFS prior to undertaking an action 

that may affect threatened or endangered species. But under the new regulation, agencies may continue the previous practice of consulting with, and 

obtaining the written concurrence of, the FWS and NMFS as a matter of 

discretion. 

I hereby request the Secretaries of the Interior and Commerce to review 

the regulation issued on December 16, 2008, and to determine whether 

to undertake new rulemaking procedures with respect to consultative and 

concurrence processes that will promote the purposes of the ESA. 

Until such review is completed, I request the heads of all agencies to 

exercise their discretion, under the new regulation, to follow the prior longstanding consultation and concurrence practices involving the FWS and 

NMFS. 

This memorandum is not intended to, and does not, create any right or 

benefit, substantive or procedural, enforceable at law or in equity by any 

party against the United States, its departments, agencies, or entities, its 

officers, employees, or agents, or any other person. Agencies shall carry 

out the provisions of this memorandum to the extent permitted by law 

and consistent with statutory authorities. 


yshivers on PROD1PC62 with MISCELLANEOUS
9754 Federal Register / Vol. 74, No. 43 / Friday, March 6, 2009 / Presidential Documents 

The Secretary of the Interior is hereby authorized and directed to publish 

this memorandum in the Federal Register. 

THE WHITE HOUSE, 

Washington, March 3, 2009 

[FR Doc. E9–4880 

Filed 3–5–09; 8:45 am] 

Billing code 4310–10–P 


yshivers on PROD1PC62 with MISCELLANEOUSOB#1.EPS</GPH>
exv10w1









Exhibit 10.1




2011 Equity Incentive Plan



The 2011 Equity Incentive Plan provides for the issuance of equity incentive awards in the form of
(i) non-qualified stock options; and (ii) performance-based restricted stock units.




	 	 	 	 	 	 	 	 	 
	 	 	Performance-Based	 	 
	 	 	Restricted Stock Units	 	Non-Qualified Stock
	Executive Officer	 	(# shares)	 	Options (# shares)
	Douglas C. Bryant 

President and Chief Executive Officer
	 	 	28,639	 	 	 	85,918	 
	Robert J. Bujarski 

Senior Vice President, Business
Development and General Counsel
	 	 	10,000	 	 	 	30,000	 
	Scot M. McLeod 

Senior Vice President, Operations
	 	 	8,333	 	 	 	20,000	 
	John M. Radak 

Chief Financial Officer
	 	 	8,333	 	 	 	20,000	 
	David Scholl 

Senior Vice President, Commercial
Operations
	 	 	8,333	 	 	 	25,000	 
	Timothy T. Stenzel 

Chief Scientific Officer
	 	 	10,000	 	 	 	30,000	 
	John D. Tamerius


Senior Vice President, Clinical and
Regulatory Affairs
	 	 	8,333	 	 	 	25,000	 





The vesting period for the non-qualified stock options is four years with the first 50% of such
stock options vesting at the end of the second-year anniversary of the grant date and the remainder
vesting 25% annually thereafter. Vesting for the performance-based restricted stock units has a
three-year cliff and is tied to achievement of a performance metric of compounded annual growth
rate in earnings-per-share (EPS) in 2013 compared to a baseline EPS determined by the Compensation
Committee for 2010. In addition, in the event that the Company achieves certain elevated
performance metrics prior to the end of the three-year vesting period (defined by the Compensation
Committee with pre-determined elevated EPS targets in either 2011 or 2012), the performance-base
restricted stock units will be deemed to have met the performance requirements and will convert to
time-based vesting for the remainder of the three-year term.
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 Annual Report of Magnitude Information Systems,
Inc. (the "Company") on Form 10-KSB for the year ended December 31, 2005 (the
"Form 10-KSB"), I, Steven D. Rudnik, Chief Executive Officer of the Company, and
I, Joerg H. Klaube, Chief Financial Officer of the Company, certify, as of the
date hereof, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that to the best of our knowledge, that
the Company's Form 10-KSB fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 and that the information
contained in the Form 10-KSB, fairly presents, in all material respects, the
financial condition and results of operations of the Company.


Dated:  March 30, 2006        MAGNITUDE INFORMATION SYSTEMS, INC.



                                       By: /s/ Steven D. Rudnik
                                       ---------------------------------
                                           Steven D. Rudnik
                                           President and Chief Executive Officer



                                       By: /s/ Joerg H. Klaube
                                       ----------------------------------
                                           Joerg H. Klaube
                                           Chief   Financial Officer