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 concludes this case is 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NOT FOR PUBLICATION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

PAUL ERIAS STELLY, Sr.,

 Plaintiff - Appellant,

 v.

ELAINE TOOTELL, M.D.; et al.,

 Defendants - Appellees.

No. 11-16068

D.C. No. 4:08-cv-01997-CW

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Claudia A. Wilken, District Judge, Presiding

Submitted May 15, 2012** 

Before: CANBY, GRABER, and M. SMITH, Circuit Judges.

Former California state prisoner Paul Erias Stelly, Sr., appeals pro se from

the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging

deliberate indifference to his mental health and medical needs while he was

FILED

MAY 24 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-16068

incarcerated at San Quentin State Prison. We have jurisdiction under 28 U.S.C. 

§ 1291. We review de novo, Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir.

2004), and we affirm.

The district court properly granted summary judgment because Stelly failed

to raise a genuine dispute of material fact as to whether he was denied timely or

appropriate treatment for his depression, Hepatitis C, or temporal lobe epilepsy

seizure disorder. See id. at 1058 (prison officials are deliberately indifferent only if

they know of and consciously disregard an excessive risk of harm to inmate

health). Stelly’s disagreement with prison medical staff about his treatment did not

constitute deliberate indifference. See id.

Stelly’s remaining contentions are unpersuasive.

AFFIRMED.
<TABLE> <S> <C>

<ARTICLE>            5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
FINANCIAL STATEMENTS FOR NOONEY REALTY TRUST, INC. AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                  <C>
<PERIOD-TYPE>        9-MOS
<FISCAL-YEAR-END>                    DEC-31-1999
<PERIOD-START>                       JAN-01-1999
<PERIOD-END>                         SEP-30-1999
<CASH>                                   154,915
<SECURITIES>                                   0
<RECEIVABLES>                            263,664
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                         468,714
<PP&E>                                14,007,800
<DEPRECIATION>                         5,050,635
<TOTAL-ASSETS>                        14,366,184
<CURRENT-LIABILITIES>                  1,048,768
<BONDS>                                4,565,313
<COMMON>                                 866,624
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<OTHER-SE>                             8,695,931
<TOTAL-LIABILITY-AND-EQUITY>          14,366,184
<SALES>                                2,225,163
<TOTAL-REVENUES>                       2,264,943
<CGS>                                          0
<TOTAL-COSTS>                                  0
<OTHER-EXPENSES>                       2,526,347
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                       290,384
<INCOME-PRETAX>                        (551,788)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                           (551,788)
<EPS-BASIC>                              (.64)
<EPS-DILUTED>                              (.64)


</TABLE>
**Exhibit      32.1**

**Certification      of Chief Executive Officer**

**Under      Section 906 of the Sarbanes-Oxley Act of 2002**

|   | (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. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:                 August 12, 2008 | /s/                Gary J. Novinskie                                        |
|---------------------------------------------|-----------------------------------------------------------------------------|
|                                        | Gary                J. Novinskie                                            |
|                                        | Interim                Chief Executive Officer and                President |

----
[Federal Register Volume 74, Number 59 (Monday, March 30, 2009)]
[Notices]
[Page 14131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6987]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Disease, Disability, and Injury Prevention and Control Special 
Emphasis Panel (SEP): CDC Grants for Public Health Research 
Dissertation, Panel I, Funding Opportunity Announcement (FOA) PAR07-231

    In accordance with Section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the Centers for Disease Control and 
Prevention (CDC) announces the aforementioned meeting.

    Time and Date: 12:30 p.m.-4:30 p.m., May 13, 2009 (Closed).
    Place: Teleconference.
    Status: The meeting will be closed to the public in accordance 
with provisions set forth in Section 552b(c) (4) and (6), Title 5 
U.S.C., and the Determination of the Director, Management Analysis 
and Services Office, CDC, pursuant to Public Law 92-463.
    Matters To Be Discussed: The meeting will include the review, 
discussion, and evaluation of applications received in response to 
``CDC Grants for Public Health Research Dissertation, Panel I, FOA 
PAR07-231.''
    Contact Person for More Information: Maurine F. Goodman, M.A., 
M.P.H., Scientific Review Officer, Office of the Director, Office of 
the Chief Science Officer, CDC, 1600 Clifton Road, NE., Mailstop 
D72, Atlanta, GA 30333, Telephone: (404) 639-4640.
    The Director, Management Analysis and Services Office, has been 
delegated the authority to sign Federal Register notices pertaining 
to announcements of meetings and other committee management 
activities, for both CDC and the Agency for Toxic Substances and 
Disease Registry.

    Dated: March 23, 2009.
Elaine L. Baker,
Director, Management Analysis and Services Office, Centers for Disease 
Control and Prevention.
 [FR Doc. E9-6987 Filed 3-27-09; 8:45 am]
BILLING CODE 4163-18-P
LOGO

Exhibit 23.1

INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRMS CONSENT

We consent
to the incorporation by reference in the Registration Statements of SearchMedia Holdings Limited (the Company) on Form F-3 (Registration No. 333-176634) and Form S-8 (Registration No. 333-177025) of our report dated
May 15, 2012, which includes an explanatory paragraph as to the Companys ability to continue as a going concern, with respect to our audits of the consolidated financial statements of the Company as of December 31, 2010 and
December 31, 2011 and for the years then ended, which report is included in this Annual Report on Form 20-F of the Company for the year ended December 31, 2011. We also consent to the reference to our firm under the heading Statement
by Experts in the Registration Statement on Form F-3.

/s/ Marcum Bernstein & Pinchuk LLP

Marcum Bernstein & Pinchuk LLP

New
York, New York

May 15, 2012









LOGO
David James BALE, Appellant, v. U.S. BANK N.A.; Roberta Helen Bale; any and all unknown parties claiming by, through, under, and against the herein named individual defendant(s) who are not known to be dead or alive, whether said unknown parties may claim an interest as spouses, heirs devisees, grantees or other claimants; Maplewood Village at Live Oak Preserve Association, Inc.; Mortgage Electronic Registration Systems, Inc., as nominee for Countrywide Bank, FSB; Live Oak Preserve Association, Inc.; John Doe and Jane Doe as unknown tenants in possession, Appellees.

Case No. 2D16-5382

District Court of Appeal of Florida, Second District.

Opinion filed October 13, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Timothy L. MALDEN, Appellant, v. CHASE HOME FINANCE LLC, Appellee.

No. 1D17-3727

District Court of Appeal of Florida, First District.

January 11, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.
**EXHIBIT 32.2**

 

**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 Synthetech, Inc. (the "Company") on Form 10-Q for the quarter ended September 30, 2005 as filed with the Securities and Exchange Commission on the date hereof (the "Form 10-Q"), I, Gary Weber, 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 Form 10-Q fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and

 

2.          The information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.

 

 

/s/ Gary A. Weber

| Gary A. Weber |
|---------------|

Vice President, Finance, 

Chief Financial Officer

November 14, 2005
SUPREME COURT

OF NEVADA IN THE SUPREME COURT OF THE STATE OF NEVADA

IN THE MATTER OF RESIGNATION No. 69682 OF SARA J. VANCE, BAR NO. 5805. 

# FILED FEB 1 9 2016

ORDER GRANTING PETITION FOR RESIGNATION This is a joint petition by the State Bar of Nevada and attorney Sara J. Vance for her resignation from the Nevada bar.

SCR 98(5) provides that Nevada attorneys who are not actively practicing law in this state may resign from the state bar if certain conditions are met. The petition includes statements from state bar staff confirming that no disciplinary, fee dispute arbitration, or client security fund matters are pending against Vance; and that she is current on all membership fee payments and other financial commitments relating to her practice of law in this state. 

### See SCR 98(5)(a)(1)-(2).

Bar counsel has recommended that the resignation be approved, and the Board of Governors has approved the application for resignation. 

### See SCR 98(5)(a)(2). Vance acknowledges that her resignation is irrevocable and that the state bar retains continuing jurisdiction with respect to matters involving a past member's conduct prior to resignation. 

### See SCR 98(5)(c)-(d). Finally, Vance has submitted an affidavit of compliance with SCR 115. 

### See SCR 98(5)(e).

O) 1947A 

### e 

# ko - b5 3 

# eb

# a The petition satisfies the requirements of SCR 98(5). Accordingly, we approve attorney Sara J. Vance's 98(5)(a)(2). The petition is hereby granted.

It is so ORDERED. resignation. SCR

Parraguirre 

# d eu L62,4-t

i Hardesty

cr potA-c\ ais J. Douglas

J.

J. Gibbons 

# Pek.„ , J. Pickering

cc: Sara J. Vance C. Stanley Hunterton, Bar Counsel, State Bar of Nevada Kimberly K. Farmer, Executive Director, State Bar of Nevada Perry Thompson, Admissions Officer, U.S. Supreme Court

SUPREME COURT

OF NEVADA
(0) 1947A 

### e 2
#### Gregory A. SAMUELS EL, Plaintiff-Appellant, v. FAIRBANKS CAPITAL CORPORATION, Defendant-Appellee.

No. 03-4248.

United States Court of Appeals, Seventh Circuit.

*52Submitted May 14, 2004.*

Decided May 14, 2004.

Gregory A. Samuels El, Bourbonnais, IL, pro se.

Saskia N. Bryan, Levin & Ginsburg, Chicago, IL, for Defendant-Appellee.

Before POSNER, MANION, and DIANE P. WOOD, Circuit Judges.

*

 After an examination of the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. *See*Fed. R.App. P. 34(a)(2).

ORDER

Gregory A. Samuels El, a member of the Moorish Science Temple of America, alleges that its founder, Prophet Noble Drew Ali, conveyed to an “express trust” for the benefit of his followers all of the lands of North and South America, Africa, and the mythical island of Atlantis. This vast conveyance necessarily includes Samuels El’s foreclosed residence at 741 North River Drive in Kankakee, Illinois, and so based on his divine right to the land as a beneficiary of Ali’s trust, Samuels El, an Illinois citizen, brought suit under the diversity jurisdiction against Fairbanks Capital Corporation, a Utah corporation with its principal place of business in Utah, to quiet title after Fairbanks had sold the property at a foreclosure sale. Samuels El’s religious claim to title is patently frivolous, and as to any legitimate claim under state law he pleaded himself out of court by readily conceding that he defaulted on the mortgage for the property and that the foreclosure sale would have been valid save for Ali’s grant. *See Colon v. Option One Mortg. Corp.,*319 F.3d 912, 919-20 (7th Cir.2003) (recognizing that mortgagor can no longer cure default following foreclosure sale and statutory redemption period); *Miller v. Frederick’s Brewing Co.,*405 Ill. 591, 92 N.E.2d 108, 111 (1950) (upon mortgagor’s default, mortgagee may take possession of property as well as rents and profits to satisfy mortgage debt); *Walker v. Warner,*179 Ill. 16, 53 N.E. 594, 597 (1899) (legal title rests with mortgagee after mortgagor violates condition of agreement). Because Samuels El cannot establish under any set of facts that he is legally entitled to the property, we AFFIRM the district court’s dismissal for failure to state a claim.
Document

Exhibit 10.32

AMENDMENT NUMBER THREE


COLFAX CORPORATION NONQUALIFIED DEFERRED COMPENSATION PLAN


The Colfax Corporation Nonqualified Deferred Compensation Plan, effective January 1, 2016 and as subsequently amended (together, the “Plan”), is hereby further amended as follows, effective as of December 1, 2020:


1.   Section 15.17 is hereby deleted in its entirety and amended and restated as follows:


“Deduction Limitation on Benefit Payments. If the Committee reasonably anticipates that the Company’s deduction with respect to any distribution from this Plan would be limited or eliminated by application of Code Section 162(m), the Committee may, in its sole discretion, delay payment of any “grandfathered amounts” (as defined under the Tax Cuts and Jobs Act of 2017 and regulations thereunder) to the extent necessary to ensure that the distribution from this Plan is deductible and that any such delay is permitted by Treasury Regulations § 1.409A-2(b)(7)(i). Any amounts for which such distribution is delayed due to the Committee’s exercise of its discretion, pursuant to this Section 15.17, shall continue to be credited or debited with additional amounts in accordance with Section 3.6, and all such amounts shall be distributed to the Participant (or his or her Beneficiary in the event of the Participant’s death) at the earliest date the Committee reasonably anticipates that the deduction of the payment of the amount will not be limited or eliminated by application of Code Section 162(m).”


In all other respects the Plan, as amended herein, is hereby ratified and confirmed.


IN WITNESS WHEREOF, Colfax Corporation has caused this instrument to be signed by its duly authorized officer as of this 10th day of December 2020.


COLFAX CORPORATION






By:


Its:VP Total Rewards     
























1
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Deposit Insurance Corporation

Notice is hereby given that the Federal Deposit Insurance Corporation (FDIC or Receiver) as Receiver for Evergreen Bank, Seattle, Washington, intends to terminate its receivership for said institution. The FDIC was appointed Receiver of Evergreen Bank on January 22, 2010. The liquidation of the receivership assets has been completed. To the extent permitted by available funds and in accordance with law, the Receiver will be making a final dividend payment to proven creditors.

Based upon the foregoing, the Receiver has determined that the continued existence of the receivership will serve no useful purpose. Consequently, notice is given that the receivership shall be terminated, to be effective no sooner than thirty days after the date of this notice. If any person wishes to comment concerning the termination of the receivership, such comment must be made in writing and sent within thirty days of the date of this notice to: Federal Deposit Insurance Corporation, Division of Resolutions and Receiverships, Attention: Receivership Oversight Department 34.6, 1601 Bryan Street, Dallas, TX 75201.

No comments concerning the termination of this receivership will be considered which are not sent within this time frame.

Dated at Washington, DC, on January 10, 2018.

Federal Deposit Insurance Corporation.

Valerie J. Best,

Assistant Executive Secretary.

[FR Doc. 2018-00639 Filed 1-16-18; 8:45 am]

 BILLING CODE 6714-01-P
Jeanne Abou SHARAKA, Appellant, v. E & A, INC., Elias Anastasopoulos and Nickolas Ekonomides, Appellee.

Case No. 2D16-3708

District Court of Appeal of Florida, Second District.

Opinion filed October 6, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Lucie Mae THOMAS, Appellant, v. STATE of Florida, Appellee.

Case No. 5D17-2000

District Court of Appeal of Florida, Fifth District.

Decision filed February 2, 2018

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Date: May 12, 2010
    By:
    /s/ Greg A. Tunney*Greg A. TunneyTitle:
    President and Chief Executive Officer
(Principal Executive Officer)  Date: May 12, 2010
    By:
    /s/ José G. Ibarra*José G. IbarraTitle:
    Senior Vice President  Finance and Chief Financial
Officer
(Principal Financial Officer) 
 *
    
    These certifications are being furnished as required by Rule 13a-14(b) under the Securities
Exchange Act of 1934, as amended, (the Exchange Act), and Section 1350 of Chapter 63 of
Title 18 of the United States Code, and shall not be deemed filed for purposes of Section 18
of the Exchange Act or otherwise subject to the liability of that Section. These
certifications shall 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 R.G. Barry
Corporation specifically incorporates these certifications by reference.
Fred Lee CASON, II, Appellant, v. STATE OF FLORIDA DEPARTMENT OF REVENUE CHILD SUPPORT PROGRAM and Tylsha Tongail Garcia, Appellees.

No. 1D17-4996

District Court of Appeal of Florida, First District.

January 30, 2018 Rehearing Denied April 6, 2018

Fred Lee Cason, II, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Toni C. Bernstein, Senior Assistant Attorney General, Tallahassee, for Appellee State of Florida Department of Revenue Child Support Program. No appearance for Appellee Tylsha Tongail Garcia.

Per Curiam.

DISMISSED. *See**Raysor v. Raysor* , 706 So.2d 400, 401 (Fla. 1st DCA 1998).

Roberts, Rowe, and Winokur, JJ., concur.
Andre AARON, et al. v. EXXON MOBIL CORPORATION

No. 2018-CD-0009

Supreme Court of Louisiana.

March 9, 2018

**ON SUPERVISORY WRITS TO THE 19TH JUDICIAL DISTRICT COURT, PARISH OF EAST BATON ROUGE**

PER CURIAM.

Writ granted for the sole purpose of transferring the application to the court of appeal for briefing, argument and full opinion under its supervisory jurisdiction. La. Const. art. V, § 5 (A); La. Const. art. V, § 10 (A).

WEIMER, J., would grant and docket.

JOHNSON, Chief Justice, would deny.

GUIDRY, J., adds additional concurring reasons.

Review on remand should ensure strict compliance with this Court's earlier order in this case. *Aaron v. Exxon Mobil Corp.* , 16-1072 (La. 9/16/16), 201 So.3d 241.

Hughes, J., would deny.
<PAGE>

                                                                    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 Veramark Technologies, Inc., (the
Company) on Form 10-Q for the period ending June 30, 2004 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, David G.
Mazzella, Chief Executive 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 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/ David G. Mazzella
---------------------
David G. Mazzella
President, Chief Executive Officer
August 12, 2004

                                      23
Document

Exhibit 10.8

TRINITY INDUSTRIES, INC.
DIRECTOR COMPENSATION
Summary Sheet as of December 10, 2021


On December 10, 2021, the Board of Directors approved the following compensation for non-employee directors, effective in 2022:


•Board member annual retainer – $70,000 
•Annual equity compensation – $130,000, using a date of grant share price as the basis for awards, with a minimum vesting period of one year
•Independent Chairman of the Board – annual retainer of $125,000, to be paid in cash and/or equity, as selected by the Chair 
•Chairs of the Audit Committee and Human Resources Committee – annual retainer of $20,000
•Chairs of Corporate Governance and Risk Committee and Finance and Risk Committee  – annual retainer of $15,000
•Board meeting fee – $2,000 for each meeting attended 
•Committee members – $2,000 for each meeting attended
•Ad hoc or special assignment work performed for or at the request of the Chairman or Chief Executive Officer and President – $2,000 per day
Joshua L. ROGERS, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D17-1581

District Court of Appeal of Florida, Second District.

September 28, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Appeal is dismissed.
Z. L., Appellant/Petitioner(s), v. R. D., Appellee/Respondent(s).

CASE NO.: 2D16-4426

District Court of Appeal of Florida, Second District.

February 23, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.