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 C ESAR ER NESTO SANC HEZR AM IREZ, Plaintiff - Appe lla nt, v. THE C ONSULATE GENER AL OF M EXIC O IN SAN FR

ANC ISC O, C ALIFOR

NIA, De fe nda

nt - Appe lle e . No. 13-16791 D.C . No. 4:12-c v-03485-PJH M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Northe rn Distric t of C a lifornia Phy llis J. Ha

m ilton, C hie f Judge , Pre siding Subm itte d

M ay 13, 2015 ** B e fore : LEAVY, C ALLAHAN, a nd M . SM ITH, C i rc uit Judge s. C e sa r Erne sto Sa

nc he z -R am ire z a

ppe a ls pro se from

the distric t c ourt’ s judgm e nt dismissing his ac tion a lle ging va rious c la i m s a

rising from

his 

# F IL ED MAY18 2015 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 e Fe d. R . App. P. 34(a)(2).e m

ploy m e nt with the

C onsula te Ge ne ra l of M e xic o in Sa n Fran c isc o. W e have jurisdic tion unde r 28 U.S.C . § 1291. W e re vie w de novo thedistric t c ourt’ s de te rm i nation of im

m unity unde r the Fore ign Sove re ign Im m unitie s Ac t of 1976. Embassy of the Arab Re public of Egy

p t v . Lashe e n , 603 F.3d 1166, 1170 (9th C ir. 2010). W e a ffirm . The distric t c ourt prope rly dism isse d this c a se for la c k of subje c t m atte r jurisdic tion be c a

use Sanc he z -R am ire z fa ile d to show tha t his e m ploy m e nt fe ll within thec om

m e rc ia l a c tivity

e xc e ption to im

m unity . Se e Te re nk

ian v . Re public of Iraq , 694 F.3d 1122, 1127, 1132 (9th Cir. 2012) (a pla intiff ha s the burde n of e sta blishing tha

t the fore i gn sta

te is not e ntitle d to im

m unity ; the c o m

m e rc ia l a c tivity e xc e ption a

p plie s only

whe re a fore ign sta

te “ e xe rc ise s those powe rs tha t c an a lso be e xe rc ise d by

priva te c itiz e ns, or whe n it a c ts in them anne r of a priva te pla y e r within them a

rke t, but not when it e xe rc i se s those powe rs pe c u lia r to sove re igns.” (c ita

t ion a nd inte rna l quota

t ion m arks om itte d)). W e do not c onside r m atte rs not spe c ific a lly an d distinc tly

ra i se d a nd a rgue d in the ope ning brie f, or a

rgum e nts a

n d a lle g ations ra ise d for the first tim e on a ppe a l. Se e Padge tt v . W

right , 587 F.3d 983, 985 n.2 (9th C ir. 2009) (pe r c uriam ). AFFIRM E D.

1 3 - 1 6 7 9 1 2
Jonathan Markeith WATTS, Appellant, v. STATE of Florida, Appellee.

No. 1D18-0569

District Court of Appeal of Florida, First District.

May 21, 2019 Rehearing Denied July 9, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
# L_2018245EN.01001601.xml

| 1.10.2018 | EN | Official Journal of the European Union | L 245/16 |
| --- | --- | --- | --- |

1.10.2018

EN

Official Journal of the European Union

L 245/16

---

COUNCIL DECISION (CFSP) 2018/1465

of 28 September 2018

amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 29 thereof,

Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,

Whereas:

| (1) | On 31 July 2015 the Council adopted Decision (CFSP) 2015/1333 (1). |
| --- | --- |

(1)

On 31 July 2015 the Council adopted Decision (CFSP) 2015/1333 (1).

| (2) | On 21 March 2018 the Council adopted Decision (CFSP) 2018/476 (2). |
| --- | --- |

(2)

On 21 March 2018 the Council adopted Decision (CFSP) 2018/476 (2).

| (3) | In view of the continuing instability and gravity of the situation in Libya, the Council has decided that the restrictive measures concerning three persons should be extended for a further period of six months. |
| --- | --- |

(3)

In view of the continuing instability and gravity of the situation in Libya, the Council has decided that the restrictive measures concerning three persons should be extended for a further period of six months.

| (4) | Decision (CFSP) 2015/1333 should therefore be amended accordingly, |
| --- | --- |

(4)

Decision (CFSP) 2015/1333 should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

In Article 17 of Decision (CFSP) 2015/1333, paragraphs 3 and 4 are replaced by the following:

‘3.   The measures referred to in Article 8(2) shall apply with regard to entries 14, 15 and 16 in Annex II until 2 April 2019.

4.   The measures referred to in Article 9(2) shall apply with regard to entries 19, 20 and 21 in Annex IV until 2 April 2019.’.

Article 2

This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

Done at Brussels, 28 September 2018.

For the Council

The President

M. SCHRAMBÖCK

---

(1)  Council Decision (CFSP) 2015/1333 of 31 July 2015 concerning restrictive measures in view of the situation in Libya, and repealing Decision 2011/137/CFSP (OJ L 206, 1.8.2015, p. 34).

1

(2)  Council Decision (CFSP) 2018/476 of 21 March 2018 amending Decision (CFSP) 2015/1333 concerning restrictive measures in view of the situation in Libya (OJ L 79, 22.3.2018, p. 30).

2

---
In the Matter of Disbarment of Theresa Marie ERICKSON.

No. D-2705.

Supreme Court of the United States

May 28, 2013.

Disbarment order entered.
Exhibit 35.2

SERVICER COMPLIANCE STATEMENT

Discover Financial
Services LLC

Discover Card Master Trust I

The undersigned, a duly authorized representative of Discover Financial Services LLC (DFS), pursuant to the Amended and Restated
Servicing Agreement dated January 1, 2007, as amended on or prior to the date hereof by and between DFS and Discover Bank (the Agreement) hereby certifies that:



|(a) | A review of the activities of DFS during the fiscal year ended November 30, 2009 and of its performance under the Agreement was made under my supervision.
|--- | ----------------------------------------------------------------------------------------------------------------------------------------------------------



|(b) | To the best of my knowledge, based on such review, DFS has fulfilled all of its obligations in all material respects under the Agreement throughout the fiscal year
ended November 30, 2009.
|--- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 2nd
day of February 2010.



By:

/s/ Carlos MinettiCarlos Minetti, Executive
Vice President, Cardmember Services and Consumer Banking
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                          76,922
<SECURITIES>                                         0
<RECEIVABLES>                                1,338,232
<ALLOWANCES>                                         0
<INVENTORY>                                    175,315
<CURRENT-ASSETS>                             2,696,297
<PP&E>                                         899,950
<DEPRECIATION>                               (348,871)
<TOTAL-ASSETS>                              13,330,959
<CURRENT-LIABILITIES>                        2,141,062
<BONDS>                                      9,963,693
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                  4,929,274
<COMMON>                                    17,301,755
<OTHER-SE>                                (21,004,825)
<TOTAL-LIABILITY-AND-EQUITY>                13,330,959
<SALES>                                              0
<TOTAL-REVENUES>                             4,147,217
<CGS>                                                0
<TOTAL-COSTS>                                1,446,834
<OTHER-EXPENSES>                               979,708
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             959,378
<INCOME-PRETAX>                                761,296
<INCOME-TAX>                                   258,840
<INCOME-CONTINUING>                            502,456
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   502,456
<EPS-BASIC>                                        .05
<EPS-DILUTED>                                      .04



</TABLE>
Exhibit
32.2
 
 
 Written
Statement 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
 
 
 The
undersigned, the Chief Financial Officer of The Wilber Corporation (the
"Company"), hereby certifies that to his knowledge on the date
hereof:
 
 (a)
              the
      Form 10-Q of the Company for the Quarterly Period Ended September 30,
      2009, filed on the date hereof with the Securities and Exchange Commission
      (the "Report"), fully complies with the requirements of Section 13(a) or
      15(d) of the Securities Exchange Act of 1934;
  and
 
 (b)
              information
      contained in the Report fairly presents, in all material respects, the
      financial condition and results of operations of the
    Company.
 
 
 /s/ Joseph E. SutarisJoseph
      E. SutarisExecutive
      Vice President, Chief Financial Officer,Treasurer,
      and SecretaryDate:  November 5,
      2009
 
 A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required
by Section 906, has been provided to The Wilber Corporation and will be retained
by The Wilber Corporation and furnished to the Securities and Exchange
Commission or its staff upon request.
Exhibit 10.12


 





 


December 29, 2008


 


Donald
R. Dancer


 


Dear
Don:


 


Reference
is made to the Severance Agreement, dated October 29, 2007,  entered into by and between you and
International Rectifier Corporation (the “Severance Agreement”).


 


The
purpose of this letter is to supplement the terms of the Severance Agreement to
include terms and conditions designed to make any payments pursuant to the
Severance Agreement compliant with Section 409A of the Internal Revenue
Code of 1986, as amended (including the Treasury Regulations and other
published guidance related thereto) (“Section 409A”).


 


Your
Severance Agreement is hereby modified as follows; capitalized terms used but
not defined herein shall have the meaning ascribed to them in the Severance
Agreement:


 


1.             Severance.  Subject to the conditions of payment
described in Section 10 relating to specified employees, any Cash
Severance payable pursuant to Section 2(b) of the Severance Agreement
shall be paid in a cash lump sum on the 60th day following
your “separation from service,” provided you have promptly executed and
delivered (and not revoked) a Release Agreement within 50 days of your
termination; provided, however, that if you fail to execute and
deliver such release, or you revoke such release, you shall not be paid any
Cash Severance pursuant to the Severance Agreement.  For this purpose, a “separation from service”
shall be defined within the meaning of Treasury Regulation Section 1.409A-1(h)(1),
without regard to the optional alternative definitions available thereunder.


 


Except
as modified hereby, your Severance Agreement remains unmodified.  Please indicate your agreement with the
foregoing by signing where indicated below.


 


Regards,


 


	
  INTERNATIONAL
  RECTIFIER CORPORATION

  	
   

  
	
   

  	
   

  
	
  By:

  	
   

  
	
  Its:
   Assistant Secretary

  	
   

  
	
   

  	
   

  
	
  Acknowledged
  and agreed:

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
   

  	
   

  
	
  Donald
  R. Dancer

  	
   

  
	
  Date:
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 on Form 10-K of Stream Global Services, Inc. (the Company) for the year ended
December 31, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, R. Scott Murray, Chairman, Chief Executive Officer and President of the Company, hereby certifies, pursuant to
Rule 13a-14(b) and 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



|(1) | The Annual 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 Annual Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|--- | -----------------------------------------------------------------------------------------------------------------------------------------------------------



|                      |  |  |  |                                                                                              
|--------------------- |  |  |  | ---------------------------------------------------------------------------------------------
|                      |  | 
|Dated: March 10, 2010 |  |  |  | /s/    R. Scott Murray                                                                       
|                      |  |  |  | R. Scott Murray Chairman, Chief Executive Officer and President (principal executive
officer)
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: August 2, 2005                       |   By:   | /s/ THOMAS J. MAY                       |
|                                                                                                                                                          |                        | Thomas J. May                                                                                                                                         |
|                                                                                                                                                          |                        |                                                                                                                                                  |   | Chairman, President and |
|                                                                                                                                                          |                        |                                                                                                                                                  |   | Chief Executive Officer |
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr.

, Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

, Justices

I, Larry S. Royster , Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

June 24, 2014

t0616 

# Order

Clerk June 24, 2014

148870

PEOPLE OF THE STATE OF MICHIGAN,

P laintiff

- Appellee,

v SC: 148870

COA: 317329

Wayne CC: 12

- 008413

- FJ

EMMANUEL JALEN BRIGGS,

Defendant

- Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the January 16, 2014

order of the Court of Appeals is considered, and it is DENIED, because we are not

persuaded that the question presented should be reviewed by this Court.
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 -1- Case No. 4:17-CV-00718-HSG

SMRH:482815128.1 ORDER RE STIPULATION TO CONTINUE CMC

SHEPPARD, MULLIN, RICHTER & HAMPTON LLP

THEONA ZHORDANIA, Cal. Bar No. 254428 

 E-mail: tzhordania@sheppardmullin.com 

333 South Hope Street, 43rd Floor 

Los Angeles, California 90071-1422 

Telephone: 213.620.1780 

Facsimile: 213.620.1398 

Attorneys for Defendants 

SMART LIVING COMPANY and 

EMERCHANTCLUB, LLC 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

OAKLAND DIVISION 

DONNA BURTON, individually and on 

behalf of all others similarly situated,, 

Plaintiffs, 

v. 

SMART LIVING COMPANY and 

EMERCHANTCLUB, LLC and DOES 1-

10,, 

Defendants. 

 Case No. 4:17-CV-00718-HSG 

Hon. Haywood S. Gilliam, Jr. 

CLASS ACTION 

ORDER RE STIPULATION TO 

CONTINUE CASE MANAGEMENT 

CONFERENCE

 
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SMR

Co

Ma

DA

RH:482815128.1 

PURSU

onference be

anagement 

ATED: Ma

UANT TO 

e continued

Statement b

ay 9, 2017 

STIPULAT

d to June 13

by June 6, 2

-2-

ORD

TION, IT IS

3, 2017 at 2

2017. 

 ____

Hon

UNI

- ORDER 

DER

S SO ORDE

:00 p.m. Th

_________

n. Haywood

ITED STA

C

RE STIPULA

ERED that 

he parties s

__________

d S. Gilliam

ATES DISTR

ase No. 4:17-C

ATION TO CON

the Case M

shall submit

__________

m, Jr. 

RICT JUDG

CV-00718-HSG

NTINUE CMC

Management

t their Case

____ 

GE 

G

C

t
Brian PRESTON, Appellant, v. STATE of Florida, Appellee.

No. 1D18-4520

District Court of Appeal of Florida, First District.

July 18, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
* Pursuant to 5 T H C IR

. R. 47.5, the Court has determined t hat

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

____________________
No. 98-20060 Summary Calendar

____________________
UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

FRANCISCO MENDOZA-MORA, also known as Francisco Mendoza, also known as Francisco Mora, also known as Santiago Romero,

Defendant-Appellant.

_________________________________________________________________

Appeal from the United States District Court, for the Southern District of Texas

(4:97-CR-218)

_________________________________________________________________ September 16, 1998

Before KING, BARKSDALE, and STEWART, Circuit Judges.

PER CURIAM: *

Francisco Mendoza-Mora (“Mendoza”), a previously deported

Mexican national, challenges his guilty-plea conviction for illegal

reentry i nto the United States, in violation of 8 U.S.C. § 1326.

He contends that the district court’s failure to comply with F E D

.

R. C RIM

. P. 11(d) (inquiry whether plea product of force or threats)

requires that his conviction be vacated.2

Violations of Rule 11 are reviewe d for harmless error. F E D

.

R. C RIM

. P. 11(h); U nited St ates v. Johnson , 1 F.3d 296, 301-03

( 5th Cir. 1993) (en banc). We do so even where, as here, no

objection was raised in the district court. See United States v.

Reyna
, 130 F.3d 104, 107 n. 2 (5th Cir. 1997), cert. denied

, 118 S.

Ct. 1328 (1998).

It is undispute d that the district court failed to inquire

whether Mendoza’s plea was the product of force or threats, as Rule

11(d) requires. However, J ohnson requires for reversal that a Rule

11 violation be “a material factor affecting [defendant]’s decision

to plead guilty”. 1 F.3d at 302 (internal quotation marks and

citat ion omitted). Mendoza does not state that his plea was the

product of threats or force or that he would have pled differently

had a proper Rule 11 colloquy taken place. Absent even such

minimal counter-a ssertion now, Mendoza’s statements at the plea

hearing that he wanted to plead guilty; that there existed no

“promise

... of any kind” inducing the plea; and that the

underlying facts of the indictment were true, compel the conclusion

that, had Rule 11(d) been followed, Mendoza would still have pled

guilty. Therefore, under J ohnson
, th e district court’s variance

from Rule 11 procedures is harmless error.

AFFIRMED
Exhibit 32.2





Written Statement 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





The undersigned, the Chief Financial Officer of The Wilber Corporation (the "Company"), hereby certifies that to his knowledge on the date hereof:





(a)
the Form 10-Q of the Company for the Quarterly Period Ended September 30, 2010, filed on the date hereof with the Securities and Exchange Commission (the "Report"), fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and





(b)
information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.





/s/ Joseph E. SutarisJoseph E. SutarisExecutive Vice President, Chief Financial Officer,Treasurer, and SecretaryDate:  November 9, 2010





A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to The Wilber Corporation and will be retained by The Wilber Corporation and furnished to the Securities and Exchange Commission or its staff upon request.