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.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JERALYN SMITH,

 Plaintiff - Appellant,

 v.

MASSACHUSETTS MUTUAL LIFE

INSURANCE COMPANY, a

Massachusetts corporation; THE

DENVER O-KEEFE AGENCY, a

business of unknown form,

 Defendants - Appellees,

 and

WILLIAM J. BROWN, an individual,

 Defendant.

No. 10-56001

D.C. No. 2:09-cv-06765-MMM

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Margaret M. Morrow, District Judge, Presiding

Argued and Submitted December 8, 2010

Pasadena, California

FILED

APR 14 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
-2-

Before: PREGERSON, CLIFTON, and M. SMITH, Circuit Judges.

Jeralyn Smith appeals the district court’s order compelling arbitration and

denying her motion for a preliminary injunction. As the facts and procedural

history are familiar to the parties, we do not recite them here except as necessary to

explain our disposition. 

We may affirm the denial of a preliminary injunction “on any ground

supported by the record.” Big Country Foods, Inc. v. Bd. of Educ., 868 F.2d 1085,

1088 (9th Cir. 1989). Because Smith failed to make a “clear showing” “that [s]he

is likely to suffer irreparable harm in the absence of preliminary relief,” Winter v.

Natural Res. Def. Council, Inc., 129 S. Ct. 365, 374, 376 (2008), the district court

properly denied her motion.

We lack jurisdiction over Smith’s appeal of the order compelling arbitration. 

See 9 U.S.C. § 16(b)(2). We decline to exercise our “narrow[]” pendent

jurisdiction over the arbitration order. Cunningham v. Gates, 229 F.3d 1271, 1284

(9th Cir. 2000). “Two issues are not ‘inextricably intertwined’ if we must apply

different legal standards to each,” id. at 1285, and our “review of the [arbitration]

decision” is not “necessary to ensure meaningful review of the” injunction

decision, Swint v. Chambers Cnty. Comm’n, 514 U.S. 35, 51 (1995). Accordingly,
-3-

the appeal of the district court’s order compelling arbitration is dismissed. Costs

are awarded to Defendants-Appellees.

AFFIRMED IN PART; DISMISSED IN PART.
Terry Allen REGISTER, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-3916

District Court of Appeal of Florida, Fifth District.

Opinion filed June 28, 2019

Marcella Ann Beeching, Ponte Vedra Beach, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Deborah Chance, Assistant Attorney General, Daytona Beach, for Appellee

PER CURIAM.

Following Appellant's open plea in which he admitted to violating his probation, the trial court revoked Appellant's probation and sentenced him to serve eight years in prison on his conviction for possession of methamphetamine with intent to sell. On December 17, 2018, at 7:51:34 p.m., Appellant simultaneously filed both a timely motion to withdraw his plea and a notice of appeal. The trial court entered an order dismissing the motion, determining that it lacked jurisdiction to rule on the motion. As the State properly concedes, this was error.

The disposition of this appeal is controlled by our decision in *Davis v. State* , 763 So. 2d 519 (Fla. 5th DCA 2000). In that case, as was done here, the notice of appeal and the defendant's motion to withdraw his plea were both filed at precisely the same moment. *Id.* at 521. We concluded that, under these "peculiar and particular circumstances," Florida Rule of Appellate Procedure 9.020(h) provided the trial court with jurisdiction to hear the motion to withdraw plea and that the appeal would be held in abeyance until the filing of a signed, written order disposing of the motion. *Id.*

Accordingly, we reverse and remand for the trial court to rule on Appellant's motion to withdraw his plea. This appeal will be held in abeyance pending the filing of the written order from the trial court disposing of the motion.

REVERSED and REMANDED.

EVANDER, C.J., LAMBERT and EDWARDS, JJ., concur.
Exhibit 31.1

 

Sarbanes - Oxley Section 302 Certification

 
| I, Thomas J. May, certify that: |
|---------------------------------|
|                            |
| 1.                    | I have reviewed this quarterly report on Form 10-Q of BEC Funding II, LLC (the Registrant) and other reports containing distribution information for the period covered by the Quarterly Report on Form 10-Q. |
| 2.                    | Based on my knowledge, this report does not contain any untrue statement of a material 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, notmisleading with respect to the period covered by this report; |
| 3.                    | Based on my knowledge, the financial information required to be provided to the trustee under the governing documents of the issuer is included in these reports; and |
| 4.                    | Based on my knowledge, Boston Edison Company, the Servicer, has complied with its servicing obligations and minimum servicing standards. |
|  

                   |   |

 
|                                                                                                                                                        |                        |                                                                                                                                                  |
|-------------------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------|
| Date: May 11, 2005                       |   By:   | /s/ THOMAS J. MAY                       |
|                                                                                                                                                        |                        | Thomas J. May                                                                                                                                         |
|                                                                                                                                                        |                        |                                                                                                                                                  |   | Chairman, President and |
|                                                                                                                                                        |                        |                                                                                                                                                  |   | Chief Executive Officer |
Charles Litton MORRIS, Petitioner, v. STATE of Florida, Respondent.

No. 1D18-658

District Court of Appeal of Florida, First District.

June 21, 2019

Charles Litton Morris, pro se, Petitioner.

Ashley Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Respondent.

Per Curiam.

DENIED .

Wetherell, Osterhaus, and Winokur, JJ., concur.
```

[Federal Register Volume 90, Number 20 (Friday, January 31, 2025)]
[Notices]
[Page 8694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02026]

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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[B-54-2024]

Foreign-Trade Zone (FTZ) 143; Authorization of Production 
Activity; Robert Bosch Semiconductor LLC; (Silicon Carbide Wafers); 
Roseville, California

    On September 30, 2024, Sacramento-Yolo Port District, grantee of 
FTZ 143, submitted a notification of proposed production activity to 
the FTZ Board on behalf of Robert Bosch Semiconductor LLC (Bosch), 
within FTZ 143, in Roseville, California.
    The notification was processed in accordance with the regulations 
of the FTZ Board (15 CFR part 400), including notice in the Federal 
Register inviting public comment (89 FR 83835-83836, October 18, 2024). 
On January 28, 2025, the applicant was notified of the FTZ Board's 
decision that no further review of the activity is warranted at this 
time. The production activity described in the notification was 
authorized, subject to the FTZ Act and the FTZ Board's regulations, 
including section 400.14.

    Dated: January 28, 2025.
Elizabeth Whiteman,
Executive Secretary.
[FR Doc. 2025-02026 Filed 1-30-25; 8:45 am]
BILLING CODE 3510-DS-P
```
# L_2017015EN.01003601.xml

| 19.1.2017 | EN | Official Journal of the European Union | L 15/36 |
| --- | --- | --- | --- |

19.1.2017

EN

Official Journal of the European Union

L 15/36

---

COMMISSION IMPLEMENTING REGULATION (EU) 2017/91

of 10 January 2017

entering a name in the register of protected designations of origin and protected geographical indications (Brillat-Savarin (PGI))

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (1), and in particular Article 52(2) thereof,

Whereas:

| (1) | Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, France's application to register the name ‘Brillat-Savarin’ was published in the Official Journal of the European Union (2). |
| --- | --- |

(1)

Pursuant to Article 50(2)(a) of Regulation (EU) No 1151/2012, France's application to register the name ‘Brillat-Savarin’ was published in the Official Journal of the European Union (2).

| (2) | As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Brillat-Savarin’ should therefore be entered in the register, |
| --- | --- |

(2)

As no statement of opposition under Article 51 of Regulation (EU) No 1151/2012 has been received by the Commission, the name ‘Brillat-Savarin’ should therefore be entered in the register,

HAS ADOPTED THIS REGULATION:

Article 1

The name ‘Brillat-Savarin’ (PGI) is hereby entered in the register.

The name specified in the first paragraph denotes a product in Class 1.3. Cheeses, as listed in Annex XI to Commission Implementing Regulation (EU) No 668/2014 (3).

Article 2

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 10 January 2017.

For the Commission,

On behalf of the President,

Phil HOGAN

Member of the Commission

---

(1)  
  OJ L 343, 14.12.2012, p. 1.

1

(2)  
  OJ C 330, 8.9.2016, p. 6.

2

(3)  Commission Implementing Regulation (EU) No 668/2014 of 13 June 2014 laying down rules for the application of Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ L 179, 19.6.2014, p. 36).

3

---
Case 2:05-cv-00275-J Document 4 Filed 12/01/05 Page 1 of 1 PageID 28
1

Case No. 17-CV-00220-LHK 

ORDER FOR SAMSUNG TO FILE REVISED REDACTED PUBLIC VERSIONS OF DOCUMENTS SOUGHT 

TO BE SEALED

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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

FEDERAL TRADE COMMISSION,

Plaintiff,

v.

QUALCOMM INCORPORATED,

Defendant.

Case No. 17-CV-00220-LHK 

ORDER FOR SAMSUNG TO FILE 

REVISED REDACTED PUBLIC 

VERSIONS OF DOCUMENTS 

SOUGHT TO BE SEALED

On Sunday, January 6, 2019, the Court granted in part and denied in part Samsung’s 

motion to seal portions of three exhibits containing agreements between Qualcomm and Samsung. 

ECF No. 1144. On Monday, January 7, 2019, the Court granted in part and denied in part 

Qualcomm’s motion to seal other portions of the same three exhibits. ECF No. 1174. By 

Tuesday, January 8, 2019, at 5:00 p.m., Samsung shall file revised redacted public versions of the 

exhibits consistent with the Court’s sealing rulings. 

IT IS SO ORDERED.

Dated: January 7, 2019

______________________________________

LUCY H. KOH

United States District Judge

Case 5:17-cv-00220-LHK Document 1176 Filed 01/07/19 Page 1 of 1
EXHIBIT 31.1



CERTIFICATION



I, Angeliki Frangou, certify that:



1. I have reviewed this quarterly report on Form 10-Q of International Shipping Enterprises, Inc.;



2. Based on my knowledge, this quarterly report does not contain any untrue statement of a material 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 misleading with respect to the period covered by this quarterly report;



3. Based on my knowledge, the condensed consolidated financial statements, and other financial information included in this quarterly
report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this quarterly report;



4. The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and we have:



a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material
information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this quarterly report is being prepared;



b) evaluated the effectiveness of the registrants disclosure controls and procedures
and presented in this quarterly report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and



c) disclosed in this report any change in the registrants internal control over
financial reporting that occurred during the registrants most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and



5. The registrants other certifying officer and I have disclosed, based on our most
recent evaluation of internal control over financial reporting, to the registrants registered public accounting firm and the audit committee of the registrants board of directors (or persons performing the equivalent functions):



a) all significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and



b) any fraud, whether or not material, that involves management or other employees who have a
significant role in the registrants internal control over financial reporting.



|                                     
|-------------------------------------
|Date: May 16, 2005                   
|                                     
|/s/ Angeliki Frangou                 
|Angeliki Frangou                     
|President and Chief Executive Officer
|(Principal Executive Officer)
<PAGE>   1
                                                                   EXHIBIT 24.6

Power of Attorney of J. Robert Fitzgerald



STATE OF GEORGIA

COUNTY OF FULTON


                               POWER OF ATTORNEY


KNOW ALL MEN BY THESE PRESENTS, that I, J. Robert Fitzgerald, Director of
EDUTREK INTERNATIONAL, INC., a Georgia corporation, do constitute and appoint
Steve Bostic and David J. Horn, jointly and severally, my true and lawful
attorneys-in-fact, each with full power of substitution and resubstitution, for
me in any and all capacities, to sign the Annual Report on Form 10-K for
EDUTREK INTERNATIONAL, INC. for the fiscal year ended December 31, 1999,
pursuant to the requirements of the Securities Exchange Act of 1934, and to
file such document with the Securities and Exchange Commission, together with
all exhibits thereto and other documents in connection therewith, and to sign
on my behalf and in my stead, in any and all capacities, any amendments to said
Annual Report, incorporating such changes as any of the said attorneys-in-fact
deems appropriate, hereby ratifying and confirming all that each of said
attorneys-in-fact, or his substitute or substitutes, may do or cause to be done
by virtue hereof.

        IN WITNESS WHEREOF, I have hereunto set my hand and seal this 6th day
of March 2000.



                                                   /s/   J. Robert Fitzgerald
                                                   --------------------------
                                                   J. Robert Fitzgerald




                                 ACKNOWLEDGMENT

BEFORE me this 6th day of March 2000, came J. Robert Fitzgerald, personally
known to me, who in my presence did sign and seal the above and foregoing Power
of Attorney and acknowledged the same as his true act and deed.


                                                   /s/  Cynthia Gardere
                                                   --------------------------
                                                   NOTARY PUBLIC


                                                   State of Georgia

                                                   My Commission Expires:

                                                   September 11, 2003
Exhibit 32.1





CERTIFICATION PURSUANT TO


18 U.S.C. SECTION 1350,


AS ADOPTED PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the Annual report of Osage Exploration and Development, Inc. (the “Company”) on Form 10-K for the period ending December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Kim Bradford, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. 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 and 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.





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





Date: March 17, 2011
By:
/s/  Kim BradfordKim BradfordChief Executive Officer
**Exhibit
      32.2**





**Certification
      of Chief Financial Officer 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 Avantair, Inc., a Delaware corporation
      (the “Company”), on Form 10-Q for the period ended September 30, 2008 as filed
      with the Securities and Exchange Commission on the date hereof (the “Report”),
      I, Richard A. Pytak Jr., Chief Financial Officer (principal 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, to my
      knowledge:





(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.




Date:
      November 13, 2008





/s/
                Richard A. Pytak Jr.Name:
            Richard
                A. Pytak Jr.Title:
            Chief
                Financial Officer
STIPULATION FOR DISMISSAL OF DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC.; 

[PROPOSED] ORDER -1-

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Scott J. Sagaria (SBN 217981)

SJSagaria@sagarialaw.com

Elliot W. Gale (SBN 263326)

EGale@sagarialaw.com

Joe Angelo (SBN 268542)

JAngelo@sagarialaw.com

SAGARIA LAW, P.C.

3017 Douglas Blvd., Ste 100

Roseville, CA 95661

Telephone: (408) 279-2288

Facsimile: (408) 297-2299

Attorneys for Plaintiff Tracey McGivney

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

TRACEY MCGIVNEY,

Plaintiff,

 v.

EXPERIAN INFORMATION SOLUTIONS, 

INC., ET AL.,

Defendants.

Case No.: 4:17-cv-00346-SBA

STIPULATION FOR DISMISSAL OF 

DEFENDANT EXPERIAN 

INFORMATION SOLUTIONS, INC.; 

[PROPOSED] ORDER

TO THE COURT, CLERK OF COURT, AND ALL PARTIES:

IT IS HEREBY STIPULATED by and between plaintiff Tracey McGivney and 

defendant Experian Information Solutions, Inc. that Experian Information Solutions, Inc. be 

dismissed from this action with prejudice pursuant to Federal Rules of Civil Procedure, Rule

41(a)(2), and that each party shall bear its own attorneys’ fees and costs.

//

//

//

//

//

Case 4:17-cv-00346-SBA Document 50 Filed 10/17/17 Page 1 of 2
STIPULATION FOR DISMISSAL OF DEFENDANT EXPERIAN INFORMATION SOLUTIONS, INC.; 

[PROPOSED] ORDER -2-

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DATED: October 16, 2017 Sagaria Law, P.C.

By: /s/ Elliot Gale

Elliot Gale

Attorney for Plaintiff Tracey McGivney

DATED: October 16, 2017 Jones Day

By: /s/ Benjamin Chung Lee

Benjamin Chung Lee

Attorney for Defendant Experian 

Information Solutions, Inc.

I, Elliot Gale, am the ECF user whose identification and password are being used to file this 

Stipulation. I hereby attest that Benjamin Chung Lee has concurred in this filing.

/s/ Elliot Gale

[PROPOSED] ORDER

Pursuant to the stipulation of the Parties, Experian Information Solutions, Inc. is 

dismissed with prejudice.

IT IS SO ORDERED.

DATED:

Hon. Saundra Brown Armstrong

UNITED STATES DISTRICT JUDGE

10/17/2017

Case 4:17-cv-00346-SBA Document 50 Filed 10/17/17 Page 2 of 2
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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

KEVIN DANIEL QUILLINAN,

Plaintiff,

v.

RUSSELL AINSWORTH, et al.,

Defendants.

Case No.4:17-cv-00077-KAW 

JUDGMENT

Re: Dkt. No. 102

On May 10, 2018, the Court granted Defendants' motions to dismiss pursuant to Federal 

Rule of Procedure 12(b)(6). Pursuant to Federal Rule of Civil Procedure 58, the Court hereby 

ENTERS judgment in favor of Defendants and against Plaintiff. The Clerk of Court shall close 

the file in this matter.

IT IS SO ORDERED.

Dated: May 11, 2018

______________________________________

KANDIS A. WESTMORE

United States Magistrate Judge