alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Valerie TOWNES, Appellant, v. THE MAY DEPARTMENT STORES, Appellee.

No. 03-3607.

United States Court of Appeals, Eighth Circuit.

Submitted: April 26, 2004.

Decided: April 29, 2004.

Valerie Townes, St. Louis, MO, pro se.

Betty Thorne Tierney, Catherine E. Si-son, St. Louis, MO, for Defendant-Appellee.

Before BYE, MCMILLIAN, and RILEY, Circuit Judges.

PER CURIAM.

Valerie Townes appeals from the district court’s order1 dismissing without prejudice her race-based discrimination action against May Department Stores (May) for her failure to comply with discovery orders. We affirm.

*426We conclude the district court did not abuse its discretion in dismissing Townes’s complaint. *See*Fed.R.Civ.P. 37(b)(2)(C) (if party fails to obey order entered under Fed.R.Civ.P. 26(f), court may make such order in regard to such failure as is just, including dismissal of action); *Farnsworth v. City of Kansas City, Mo.,*863 F.2d 33, 34 (8th Cir.1988) (per curiam) (standard of review), *cert, denied,*493 U.S. 820, 110 S.Ct. 77,107 L.Ed.2d 43 (1989). The court ordered Townes to respond to May’s written discovery requests and to appear for deposition, but Townes did neither; she thus effectively prevented May from developing its case — or even learning more about Townes’s claims beyond the facts stated in her complaint. *See Keefer v. Provident Life & Accident Ins. Co.,*238 F.3d 937, 940 (8th Cir.2000); *Lorin Corp. v. Goto & Go.,*700 F.2d 1202, 1208 (8th Cir.1983). Although Townes complains that legal papers were mailed to appointed counsel rather than to her directly, she does not assert that she was unaware of either court-imposed deadlines or the date of her deposition; furthermore, Townes was specifically warned that failure to comply with the court’s discovery order could result in dismissal of her action, *cf. Aziz v. Wright,*34 F.3d 587, 589 (8th Cir. 1994) (finding willful violation of discovery-related court order where plaintiff was warned dismissal would be consequence of continued noncompliance), *cert. denied,*513 U.S. 1090, 115 S.Ct. 752, 130 L.Ed.2d 652 (1995), and her action was dismissed without prejudice, *cf. Edgington v. Mo. Dep’t of Corr.,*52 F.3d 777, 780 (8th Cir.1995) (fact that dismissal of pro se complaint for noncompliance with pretrial orders was without prejudice mitigates against finding that court abused its discretion).

We also conclude the district court did not abuse its discretion by appointing counsel solely for discovery. *See id.*(standard of review); *Wiggins v. Sargent,*753 F.2d 663, 668 (8th Cir.1985) (indigent litigant enjoys neither statutory nor constitutional right to have counsel appointed in civil case).

Accordingly, we affirm.

1

. The Honorable Henry E. Autrey, United States District Judge for the Eastern District of Missouri.
[Federal Register Volume 60, Number 81 (Thursday, April 27, 1995)]
[Notices]
[Page 20669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10434]



========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 60, No. 81 / Thursday, April 27, 1995 / 
Notices
[[Page 20669]]

ADMINISTRATIVE CONFERENCE OF THE UNITED STATES


Committee on Rulemaking

ACTION: Notice of public meeting.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act (Pub. L. 92-
463), notice is hereby given of a meeting of the Committee on 
Rulemaking of the Administrative Conference of the United States.

DATES: Tuesday, May 2, 1995, at 2:00 p.m.

LOCATION: Office of the Chairman, Administrative Conference, 2120 L 
Street, N.W., Suite 500, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Nancy Miller, Office of the Chairman, 
Administrative Conference of the United States, 2120 L Street, N.W., 
Suite 500, Washington, DC 20037. Telephone: (202) 254-7020.

SUPPLEMENTARY INFORMATION: The Committee on Rulemaking will continue 
its discussion of a proposed recommendation on the review of existing 
agency rules.
    Attendance at the meetings is open to the interested public, but 
limited to the space available. Persons wishing to attend should notify 
the Office of the Chairman at least one day in advance. The chairman of 
the committee, if he deems it appropriate, may permit members of the 
public to present oral statements at the meeting. Any member of the 
public may file a written statement with the committee before, during, 
or after the meeting. Minutes of the meeting will be available on 
request.

    Dated: April 24, 1995.
Jeffrey S. Lubbers,
Research Director.
[FR Doc. 95-10434 Filed 4-26-95; 8:45 am]
BILLING CODE 6110-01-P
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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

DAMIAN GALLEGOS ROSALES,

Plaintiff,

v.

NANCY A. BERRYHILL,

Defendant.

Case No. 17-cv-00823-SK 

ORDER TO SHOW CAUSE WHY THE 

CASE SHOULD NOT BE DISMISSED 

FOR FAILURE TO PROSECUTE

On February 17, 2017, Plaintiff filed a complaint appealing the denial of social security

benefits. Pursuant to the parties’ stipulation, which the Court granted, Plaintiff’s motion for 

summary judgment was due to be filed by August 9, 2017. (Dkt. 18.) To date, Plaintiff has not

filed a motion for summary judgment. Accordingly, Plaintiff is HEREBY ORDERED TO SHOW 

CAUSE why this case should not be dismissed for failure to prosecute. Plaintiff shall file a 

written response to this Order to Show Cause by no later than September 18, 2017. If Plaintiff 

intends to file a motion for summary judgment, he must show good cause for his failure to comply 

with the Order in this case. Plaintiff is admonished that if he fails to file a response to this Order 

to Show Cause by September 18, 2017, the Court will dismiss this case without prejudice without 

further notice to Plaintiff.

IT IS SO ORDERED.

Dated: September 6, 2017

______________________________________

SALLIE KIM

United States Magistrate Judge
***S/MReal Estate Fund VII, Ltd.***
EXHIBIT 31.2
**SECTION 302 CERTIFICATION**
I, Sandy Robison, certify that:
 1. I have reviewed this quarterly report on Form 10-Q of S/M RealEstate Fund VII, Ltd.;  2. Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessaryto make the statements made, in light of the circumstances under whichsuch statements were made, not misleading with respect to the periodcovered by this report;  3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present in allmaterial respects the financial condition, results of operations andcash flows of the registrant as of, and for, the periods presented inthis report;  4. The registrant’s other certifying officer(s) and I are responsiblefor establishing and maintaining disclosure controls and procedures (asdefined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for theregistrant and have:
 a) Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designedunder our supervision, to ensure that material informationrelating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report isbeing prepared;  b) Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this reportour conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered bythis report based on such evaluation; and  c) Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred duringthe registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that hasmaterially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financialreporting; and
 5. The registrant’s other certifying officer(s) and I have disclosed,based on our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions):
 a) All significant deficiencies and material weaknesses inthe design or operation of internal control over financialreporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and reportfinancial information; and  b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in theregistrant’s internal control over financial reporting.     Date: May 10, 2004   /s/ Sandy Robison   Name: Sandy Robison Title: Chief Financial Officer, Vice President, Secretary and
III 

117TH CONGRESS 

2D SESSION S. RES. 726 

To authorize testimony and representation in United States v. Herrera. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2022 

Mr. SCHUMER (for himself and Mr. MCCONNELL) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

To authorize testimony and representation in United States 

v. Herrera. 

Whereas, in the case of United States v. Herrera, Cr. No. 21- 

619, pending in the United States District Court for the 

District of Columbia, the prosecution has requested the 

production of testimony from Jeffrey Kent, Director of 

the Press Photographers’ Gallery, and from Nate Russell 

and Diego Torres, custodians of records in the Senate 

Recording Studio; 

Whereas, pursuant to sections 703(a) and 704(a)(2) of the 

Ethics in Government Act of 1978, 2 U.S.C. §§ 288b(a) 

and 288c(a)(2), the Senate may direct its counsel to represent current or former officers and employees of the 

Senate with respect to any subpoena, order, or request 

for evidence relating to their official responsibilities; 


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2 

•SRES 726 ATS 

Whereas, by the privileges of the Senate of the United States 

and Rule XI of the Standing Rules of the Senate, no evidence under the control or in the possession of the Senate may, by the judicial or administrative process, be 

taken from such control or possession but by permission 

of the Senate; and 

Whereas, when it appears that evidence under the control or 

in the possession of the Senate may promote the administration of justice, the Senate will take such action as will 

promote the ends of justice consistent with the privileges 

of the Senate; Now, therefore, be it 

1 Resolved, That Jeffrey Kent, Director of the Press 

2 Photographers’ Gallery, and Nate Russell and Diego 

3 Torres, custodians of records in the Senate Recording Stu4 dio, are authorized to provide relevant testimony in the 

5 case of United States v. Herrera, except concerning mat6 ters for which a privilege should be asserted. 

7 SEC. 2. The Senate Legal Counsel is authorized to 

8 represent Messrs. Kent, Russell, and Torres, and any cur9 rent or former officer or employee of their offices, in con10 nection with the production of evidence authorized in sec11 tion one of this resolution. 

Æ 


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exhibit10_1.htm


    


     

    AMENDMENT
NO. 1 TO THE

     

    DIRECTOR
COMPENSATION PROGRAM UNDER THE

     

    INTERMEC,
INC. 2008 OMNIBUS INCENTIVE PLAN

     

    The
Director Compensation Program under the Intermec, Inc. 2008 Omnibus Incentive
Plan (the "Program")
is hereby amended by adding the following addendum:

     

    Notwithstanding
any other provision in the Program to the contrary, all retainer and meeting
fees payable pursuant to the Program for services performed during the
twelve-month period ending December 31, 2009 shall be reduced by ten
percent.

     

    In all
other respects, the Program is hereby ratified and confirmed.  The
effective date of this amendment is January 1, 2009.
[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Notices]
[Page 21510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10671]



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


DEPARTMENT OF ENERGY
[Docket No. RP95-246-000]


Mississippi Valley Gas Company Complainant v. Southern Natural 
Gas Company Respondent; Notice of Complaint

April 26, 1995.
    Take notice that on April 24, 1995, Mississippi Valley Gas Company 
(Mississippi Valley) filed a complaint against Southern Natural Gas 
Company (Southern). Mississippi Valley states that it is one of the 
individual Southern customers the Commission concluded in its September 
and December 1993, RS92-10 Restructuring Orders to be entitled to 
mitigation of costs unduly shifted to them due to Southern's change to 
Straight Fixed Variable (SFV) rate design. Mississippi Valley further 
states that the relationship between winter and summer maximum daily 
quantity (MDQ) established in Southern's Restructuring proceeding 
determines the effective rate paid by Mississippi Valley, and thus the 
rate mitigation received by Mississippi Valley.
    In accordance with the terms of its firm transportation (FT) 
service agreement with Southern, Mississippi Valley asserts that it 
reduced its winter season MDQ from 42,500 to 20,000, effective November 
1, 1994, and timely requested Southern's recognition of the pro rata 
reduction of Mississippi Valley's summer season MDQ, thereby avoiding 
any change in the effective rate paid for FT service.
    Mississippi Valley complains that Southern has refused to permit 
the requested pro rata reduction of summer season MDQ. Mississippi 
Valley asks the Commission to confirm by order that Mississippi 
Valley's summer season MDQ is reduced on a monthly average level for 
billing purposes in the same proportion as its winter season MDQ is 
reduced, that is:

November 1994-March 1995: 42,500 to 20,000 Mcf/day. April-October 1994: 
16,234 to an average of 7,630 Mcf/day.

    Mississippi Valley states that it has served the foregoing document 
to the parties on the official service list compiled by the Secretary 
in this proceeding.
    Any person desiring to be heard or to protest said complaint should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 825 North Capitol Street, N.E., Washington, D.C. 
20426, in accordance with Rules 214 and 211 of the Commission's Rules 
of Practice and Procedure 18 CFR 385.214, 385.211. All such motions or 
protests should be filed on or before May 17, 1995. Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a motion to 
intervene. Copies of this filing are on file with the Commission and 
are available for public inspection. Answers to this complaint shall be 
due on or before May 17, 1995.
Lois D. Cashell,
Secretary.

[FR Doc. 95-10671 Filed 5-1-95; 8:45 am]
BILLING CODE 6717-01-M
* Pursuant to 5TH CIR. R. 47.5, the court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

United States Court of Appeals

Fifth Circuit

FILED

April 4, 2007

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 06-51493

Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

HILARIO GALVAN-CHAVIRA,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas 

USDC No. 3:06-CR-1119-ALL

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

Before JONES, Chief Judge, and HIGGINBOTHAM and CLEMENT, Circuit

Judges. 

PER CURIAM:*

Appealing the Judgment in a Criminal Case, Hilario GalvanChavira raises arguments that are foreclosed by Almendarez-Torres

v. United States, 523 U.S. 224, 235 (1998), which held that

8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate

criminal offense. The Government’s motion for summary affirmance

is GRANTED, and the judgment of the district court is AFFIRMED.
[Federal Register Volume 60, Number 84 (Tuesday, May 2, 1995)]
[Notices]
[Page 21511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-10674]



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


DEPARTMENT OF ENERGY
[Docket No. RP95-161-000]


Northern Natural Gas Co.; Notice of Technical Conference

April 26, 1995.
    In the Commission's order issued March 15, 1995, the Commission 
held that the filing in the above captioned proceeding raises issues 
that should be addressed in a technical conference.
    Take notice that the technical conference will be held on 
Wednesday, May 10, 1995, at 1:00 p.m., in a room to be designated at 
the offices of the Federal Energy Regulatory Commission, 810 First 
Street, N.E., Washington D.C. 20426. All interested parties and Staff 
are permitted to attend.
Lois D. Cashell,
Secretary.
[FR Doc. 95-10674 Filed 5-1-95; 8:45 am]
BILLING CODE 6717-01-M
III 

117TH CONGRESS 

2D SESSION S. RES. 654 

Designating June 2022 as ‘‘Great Outdoors Month’’. 

IN THE SENATE OF THE UNITED STATES 

MAY 26, 2022 

Mr. DAINES (for himself, Mr. PETERS, Mrs. SHAHEEN, Mr. KING, Mr. 

ROUNDS, Mr. MARSHALL, Mr. WYDEN, Ms. ROSEN, Mrs. CAPITO, Mr. 

PADILLA, Mr. BOOKER, and Ms. KLOBUCHAR) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

Designating June 2022 as ‘‘Great Outdoors Month’’. 

Whereas hundreds of millions of individuals in the United 

States participate in outdoor recreation annually; 

Whereas Congress enacted the Outdoor Recreation Jobs and 

Economic Impact Act of 2016 (Public Law 114–249; 130 

Stat. 999) to assess and analyze the outdoor recreation 

economy of the United States and the effects attributable 

to the outdoor recreation economy on the overall economy 

of the United States; 

Whereas the Outdoor Recreation Satellite Account, updated 

in November 2021 by the Bureau of Economic Analysis 

of the Department of Commerce, shows that outdoor 

recreation generated more than $374,300,000,000 in ecoVerDate Sep 11 2014 21:42 May 26, 2022 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR654.ATS SR654

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2 

•SRES 654 ATS 

nomic output in 2020, comprising approximately 1.8 percent of the current-dollar gross domestic product; 

Whereas the Outdoor Recreation Satellite Account shows 

that, in 2020, the outdoor recreation sector provided 

4,300,000 jobs across the United States; 

Whereas the Great American Outdoors Act (Public Law 116– 

152; 134 Stat. 682) provides approximately 

$2,000,000,000 per year to help eliminate the maintenance backlog on public lands and waters and fully funds 

the Land and Water Conservation Fund; 

Whereas regular outdoor recreation is associated with economic growth, positive health outcomes, and better quality of life; 

Whereas outdoor recreation activities at the Federal, State, 

and local levels have seen a recent surge in participation; 

Whereas many outdoor recreation businesses are small businesses that were heavily impacted by the COVID–19 pandemic; 

Whereas outdoor recreation businesses are cornerstones of 

rural communities and outdoor recreation is part of the 

national heritage of the United States; 

Whereas it is imperative that the United States ensure that 

access to outdoor recreation is inclusive, equitable, and 

available to all its people for generations to come; and 

Whereas June 2022 is an appropriate month to designate as 

‘‘Great Outdoors Month’’ to provide an opportunity to 

celebrate the importance of the great outdoors: Now, 

therefore, be it 

1 Resolved, That the Senate— 


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•SRES 654 ATS 

1 (1) designates June 2022 as ‘‘Great Outdoors 

2 Month’’; and 

3 (2) encourages all individuals in the United 

4 States to responsibly participate in recreation activi5 ties in the great outdoors during June 2022 and 

6 year-round. 

Æ 


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Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED
PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Jonathan I. Schwartz, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Sun Microsystems, Inc. on Form 10-Q
for the period ended December 31, 2006 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-Q fairly presents in all
material respects the financial condition and results of operations of Sun Microsystems, Inc.



|                       |  |     |  |                                 
|---------------------- |  | --- |  | --------------------------------
|Date: February 9, 2007 |  | By: |  | /s/  JONATHAN I. SCHWARTZ       
|                       |  |     |  | Name: Jonathan I. Schwartz      
|                       |  |     |  | Title:   Chief Executive Officer