alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
-1- CASE NO. 3:17-CV-00753-WHA 

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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

EDDIE LINDSEY, 

 Plaintiff, 

 vs. 

UNITED AIR LINES, INC., 

 Defendant. 

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CASE NO. 3:17-CV-00753-WHA 

[PROPOSED] ORDER GRANTING 

PLAINTIFF EDDIE LINDSEY’S 

UNOPPOSED MOTION TO 

WITHDRAW ATTORNEY AND TO 

TERMINATE ELECTRONIC NOTICES 

Having considered Plaintiff Eddie Lindsey’s Unopposed Motion to Withdraw Attorney 

and to Terminate Electronic Notices, for good cause shown, the Court ORDERS that such Motion 

is GRANTED. 

It is therefore ORDERED that Mark C. Holden is hereby withdrawn as counsel of record 

for Plaintiff Eddie Lindsey, and terminated from CM/ECF notifications in connection with the 

above-captioned matter. 

Dated: , 2017 

 Hon. William Alsup 

 United States District Judge
EXHIBIT 32.2


Certification of Chief Financial Officer


Certification Pursuant to Section 906


of the Sarbanes-Oxley Act of 2002


(18 U.S.C. Section 1350)


In connection with the Annual Report of Kennedy-Wilson Holdings, Inc. (the “Company”) on Form 10-K for the period ended December 31, 2013 , as filed with the Securities and Exchange Commission on March 3, 2014, as amended by Amendment No. 1 to Form 10-K of the Company, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Justin Enbody, 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, to my knowledge:


1.c.1. the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and


1.c.2. the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.


In witness whereof, the undersigned has executed and delivered this certificate as of the date set forth opposite his signature below.





Date:March 31, 2014/s/ JUSTIN ENBODYJustin EnbodyChief Financial Officer


The foregoing certification is being furnished solely to accompany the Report pursuant to 18. U.S.C. Section 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing. A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities Exchange Commission or its staff upon request.
Linda A. BIRDETTE, petitioner, v. USCB CORPORATION, et al.

No. 12-9300.

Supreme Court of the United States

May 20, 2013.

Motion of petitioner for leave to proceed *in forma pauperis* denied, and petition for writ of certiorari to the United States *2396Court of Appeals for the Eleventh Circuit dismissed. See Rule 39.8.
#### Lesbia Elizabet Alvarez MARTINEZ, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

No. 02-71913.

United States Court of Appeals, Ninth Circuit.

Submitted April 12, 2004.*

Decided April 26, 2004.

*486Frank P. Sprouls, Law Office of Ricci and Sprouls, San Francisco, CA, for Petitioner.

Regional Counsel, Western Region Immigration & Naturalization Service, Laguna Niguel, CA, Ronald E. LeFevre, Chief Legal Officer, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, Linda S. Wernery, Esq., Mark C. Walters, Esq., Margaret Perry, Esq., U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.

Before: HALL, O’SCANNLAIN, and RYMER, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Lesbia Elizabet Alvarez Martinez, a native and citizen of Guatemala, petitions for review of the Board of Immigration Appeals’ order affirming without opinion an immigration judge’s denial of her application for withholding of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252, and we deny the petition.

Alvarez Martinez contends that the streamlining regulations violate due process and circumvent judicial review. This contention is foreclosed by *Falcon Carriche v. Ashcroft,*350 F.3d 845, 849-52 (9th Cir.2003).

Pursuant to *Desta v. Ashcroft,*No. 03-70477, petitioner’s motion for stay of removal included a timely request for stay of voluntary departure. Because the motion for stay of removal was continued based on the government’s filing of a notice of non-opposition, the voluntary departure period was also stayed, nunc pro tunc, to the filing of the motion for stay of removal and this stay will expire upon issuance of the mandate.

DENIED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
**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 Total Nutraceutical Solutions, Inc. (the “Company”) for the fiscal year ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), Marvin S. Hausman, M.D., Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that: 

(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and 

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

Dated:  October 19, 2010

By:  /s/ Marvin S. Hausman, M.D.

 

       Marvin S. Hausman, M.D.

 

       Chief Executive Officer 

               This certification accompanies each Report pursuant to § 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of §18 of the Securities Exchange Act of 1934, as amended. 

               A signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
Willie Edward BARNES, aka Big Will, petitioner, v. UNITED STATES.

No. 12-9388.

Supreme Court of the United States

April 22, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.

Justice KAGAN took no part in the consideration or decision of this petition.
Antonio GUTIERREZ, petitioner, v. Jeff PREMO, Superintendent, Oregon State Penitentiary, et al.

No. 12-8798.

Supreme Court of the United States

April 15, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
United States District Court

For the Northern District of California

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United States District Court

For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

MELISSA L. VIGIL, individually and on behalf

of all others similarly situated,

Plaintiff,

 v.

COLGATE-PALMOLIVE COMPANY,

Defendant.

 /

No. C 17-00929 JSW

ORDER GRANTING MOTION TO STAY

PROCEEDINGS IN FAVOR OF FIRSTFILED LITIGATION

Now before the Court is motion to dismiss or to stay proceedings in favor of first-filed

litigation filed by Defendant Colgate-Palmolive Company (“Defendant”). Pursuant to Civil Local

Rule 7-1(b), the Court finds that the motion which has been noticed for hearing on Friday, April 28,

2017 at 9:00 a.m., is appropriate for decision without oral argument. Accordingly, the hearing date

is hereby VACATED. 

The first-to-file rule is designed to promote judicial efficiency by avoiding any unnecessary

burden on the federal judiciary and by avoiding duplicative or conflicting judgments. Alltrade, Inc.

v. Uniweld Products, Inc., 946 F.2d 622, 625 (9th Cir. 1991). That rule embodies principles of

comity and permits a court to transfer, stay, or dismiss an action when a similar complaint has been

filed in another district court. Id. at 623. A court must examine three factors: (1) the chronology of

the two actions; (2) the similarity of the parties; and (3) the similarity of the issues. Id. at 625-26;

Pacesetter Systems, Inc. v. Medtronic, Inc., 678 F.2d 93, 95 (9th Cir. 1982). The first-to-file rule “is

not a rigid or inflexible rule to be mechanically applied, but rather is to be applied with a view to the 
United States District Court

For the Northern District of California

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2

dictates of sound judicial administration.” Pacesetter, 678 F.2d at 95.

In this matter, each of the factors weighs in favor of applying the first-to-file rule and staying

this action pending resolution of the first-filed matter, Jaqueline Dean v. Colgate-Palmolive

Company, No. 5:15-cv-00107-JGB-DTB (C.D. Cal.) (“Dean”). There is no dispute that this action

was later-filed, the cases involve similar parties, and that the issues in the actions are similar. 

Accordingly, in its discretion, the Court HEREBY GRANTS Defendant’s motion to stay pending

resolution of the first-filed action. The parties shall update the Court by joint submission within five

court days of resolution of the Dean matter, or every 120 days, whichever is sooner.

IT IS SO ORDERED.

Dated: April 20, 2017 

JEFFREY S. WHITE

UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF INDIANA 

SOUTH BEND DIVISION 

JOHN PAVLEKOVICH and TAMARA 

PAVLEKOVICH, 

Plaintiffs, 

v. 

NEW ENGLAND COMPOUNDING 

PHARMACY, INC. d/b/a NEW 

ENGLAND COMPOUNDING CENTER, 

BARRY AND LISA CADDEN, and 

GREGORY CONIGLIARO, 

Defendants. 

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CIVIL ACTION NO: 3:12-CV-819-RL-CAN 

NOTICE OF STAY BY REASON OF BANKRUPTCY

 The defendant, New England Compounding Pharmacy, Inc. d/b/a New England 

Compounding Center (“NECC”), hereby notifies the Court that NECC filed a voluntary petition 

under Chapter 11 of Title 11 of the United States Bankruptcy Code in the United States 

Bankruptcy Court for the District of Massachusetts (Eastern Division) No. 12-19882-HJB. 

Pursuant to 11 U.S.C. § 362(a), all actions against NECC are stayed. 

LEWIS WAGNER LLP 

By: /s/ Dina M. Cox 

DINA M. COX, #18590-49 

KAMEELAH SHAHEED-DIALLO, #28058-49 

ROBERT M. BAKER IV, #25471-49 

 Attorneys for Defendant, New England 

Compounding Pharmacy, Inc. 

 

case 3:12-cv-00819-RL-CAN document 8 filed 12/27/12 page 1 of 2
2 

CERTIFICATE OF SERVICE

 This is to certify that a copy of the foregoing has been filed with the Clerk of the Court 

on December 27, 2012 using the CM/ECF system which sent notification of this filing to the 

following: 

Douglas D. Small 

FOLEY & SMALL 

1002 E Jefferson Blvd 

South Bend IN 46617 

Counsel for Plaintiffs 

/s/ Dina M. Cox

 DINA M. COX 

LEWIS WAGNER, LLP 

501 Indiana Avenue, Suite 200 

Indianapolis, IN 46202 

Phone: (317) 237-0500 

FAX: (317) 630-2790 

dcox@lewiswagner.com Q:\NECC\21 - Pavlekovich\Federal Pleadings\Notice of Stay_Bankruptcy.docx

case 3:12-cv-00819-RL-CAN document 8 filed 12/27/12 page 2 of 2
Anthony G. HUNT, petitioner, v. MICHIGAN, et al.

No. 12-8758.

Supreme Court of the United States

April 22, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
Exhibit 23.15


Consent of Independent Auditors





The Board of Directors


Kennedy-Wilson Holdings, Inc.:





We consent to the use of our report dated March 28, 2014, with respect to the consolidated balance sheet of  KWVF Panther Holdco Limited as of December 31, 2013, and the related consolidated statements of operations, changes in shareholders' equity, and cash flows for the period then ended, incorporated by reference in the registration statements (No. 333-174742, No. 333-175002, No. 333-175559, and No. 333-184752) on Form S-3, the registration statements (No. 333-164928 and No. 333-182269) on Form S-8, the registration statement (No. 333-164926) on Form S-1 and the registration statement (No. 333-186690) on Form S-4 of Kennedy-Wilson Holdings, Inc. in reliance upon the report of KPMG, independent auditors, which report appears in amendment no. 1 to the December 31, 2013 annual report on Form 10-K of Kennedy-Wilson Holdings, Inc.








/s/ KPMG


Dublin, Ireland


March 31, 2014
Jason E. SKAGGS, petitioner, v. Michael SHEETS, Warden.

No. 12-8941.

Supreme Court of the United States

April 29, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 11291 Summary Calendar

UNITED STATES OF AMERICA,
Plaintiff–Appellee,

v. BRIAN TERRY, also known as B. T.,
Defendant–Appellant.

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:09 -CR- 293 -4

Before REAVLEY, OWEN, and ELROD, Circuit Judges. PER CURIAM: * Brian Terry, federal prisoner # 42458

- 177, appeals the district court’s denial of his 18 U.S.C. § 3582(c)(2) motion for a reduction of his sentence based on Amendment 782 to the United States Sentencing Guidelines, which lowered the base offense levels in the drug quantity table set forth in U.S.S.G. § 2D1.1(c). We review for abuse of discretion a district court’s decision whether to reduce a sentence under § 3582(c)(2). United States v. Henderson , 636 F.3d

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED December 15, 2016 Lyle W. Cayce Clerk Case: 15-11291 Document: 00513798745 Page: 1 Date Filed: 12/15/2016No. 15

- 11291

2 713, 717 (5th Cir. 2011). “A district court abuses its discretion if it bases its decision on an error of law or a clearly erroneous assessment of the evidence.”
Id. (quoting United States v. Smith , 417 F.3d 483, 486 -87 (5th Cir. 2005)). At his original sentencing, Terry’s offense level was calculate d based on
the career

- offender guideline in § 4B1.1 and not the drug amounts in § 2D1.1(c). Accordingly, his sentence was not based on a guideline that has
been amended , and the district court did not abuse its discretion in concluding
that he i s not eligible for a sentence reduction. See United States v. Banks , 770 F.3d 346, 349 (5th Cir. 2014) . He cannot use a § 3582(c)(2) motion to challenge the application of the career

- offender guideline provision at his original sentencing based on the Supreme Court’s decision in Johnson v. United States , 135 S. Ct. 2551 (2015 )

. See United States v. Hernandez , 645 F.3d 709, 712 (5th Cir. 2011) (“A modification proceeding is not the forum for a collateral attack on a sentence long since imposed . . . .”). AFFIRMED. Case: 15-11291 Document: 00513798745 Page: 2 Date Filed: 12/15/2016
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Condensed Consolidated Balance Sheet at September 30, 1998 (Unaudited) and
the Condensed Consolidated Statement of Operations for the Nine Months Ended
September 30, 1998 (Unaudited) and is qualified in its entirety by reference to
such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                             108
<SECURITIES>                                         0
<RECEIVABLES>                                    2,918<F1>
<ALLOWANCES>                                     (101)
<INVENTORY>                                      2,176
<CURRENT-ASSETS>                                 5,314
<PP&E>                                           5,361
<DEPRECIATION>                                 (2,876)
<TOTAL-ASSETS>                                  13,162
<CURRENT-LIABILITIES>                            8,306
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     21,840
<COMMON>                                            30
<OTHER-SE>                                    (19,680)
<TOTAL-LIABILITY-AND-EQUITY>                    13,162
<SALES>                                          4,411
<TOTAL-REVENUES>                                 4,411
<CGS>                                            3,126
<TOTAL-COSTS>                                   11,086
<OTHER-EXPENSES>                                   519
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 642
<INCOME-PRETAX>                                (7,195)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (7,195)
<DISCONTINUED>                                 (3,277)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0<F2>
<NET-INCOME>                                  (10,471)
<EPS-PRIMARY>                                   (4.47)
<EPS-DILUTED>                                   (4.47)
<FN>
<F1> PROVISION FOR DOUBTFUL ACCOUNTS AND INVENTORY PROVISION INCLUDED IN TOTAL
     COSTS.
<F2> NET LOSS APPLICABLE TO COMMON STOCK.
</FN>
        

</TABLE>
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION FOR EN BANC RECONSIDERATION

Appellate case name: Kendall Bell v. The State of Texas

Appellate case number: 01-15-00510-CR

Trial court case number: 1394740

Trial court: 263rd District Court of Harris County

Date motion filed: July 13, 2018

Party filing motion: The State of Texas

It is ordered that the motion for en banc reconsideration DENIED.

Judge’s signature: /s/Jennifer Caughey 

 Acting Individually Acting for the Court

Panel consists of: Chief Justice Radack, and Justices Jennings, Keyes, Higley, Bland, 

Massengale, Brown, Lloyd, and Caughey.

Date: November 27, 2018
[Federal Register Volume 60, Number 91 (Thursday, May 11, 1995)]
[Notices]
[Page 25262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11545]



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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Commissioner's Advisory Group: Public Meeting

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of Public Meeting of Commissioner's Advisory Group.

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

SUMMARY: Public meeting of the Commissioner's Advisory Group will be 
held in Washington, DC.

DATES: The meeting will be held on Wednesday, May 24, 1995.

FOR FURTHER INFORMATION CONTACT: Lorenza Wilds, PC:E:L, 1111 
Constitution Avenue, NW., room 7046 IR, Washington, DC 20224. Telephone 
number (202) 622-5026 (not a toll-free number).

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988), 
that a public meeting of the Commissioner's Advisory Group will be held 
on Wednesday, May 24, 1995, beginning at 10 a.m. in room 3313, main 
Internal Revenue Service building, 1111 Constitution Avenue, NW., 
Washington, DC 20224.
    The agenda will include the following topics:

CEP Audit Planning
Electronic Filing
Technology, Privacy and Security
Measuring Impact of Strategic Partnerships
White House Conference on Small Business and Issue Recommendations
Integrated Joint Training
Update on New CAG Focus Issues for 1995-96

    Note: Last minute changes to the agenda or order of topic 
discussion are possible and could prevent effective advance notice.

    The meeting will be in a room that accommodates approximately 50 
people, including members of the Commissioner's Advisory Group and 
IRS officials. Due to the limited conference space, notification of 
intent to attend the meeting must be made with Lorenza Wilds, no 
later than May 15, 1995. Ms. Wilds can be reached at (202) 622-5026 
(not toll-free).
    If you would like to have the Committee consider a written 
statement, please call or write: Ms. Lorenza Wilds, Office of Public 
Liaison PC:E:L, Internal Revenue Service, 1111 Constitution Avenue, 
NW. (Room 7046 IR), Washington, DC 20224.
Margaret Milner Richardson,
Commissioner of Internal Revenue.
[FR Doc. 95-11545 Filed 5-10-95; 8:45 am]
BILLING CODE 4830-01-U
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule  contains summary financial  information  extracted from Form 10-Q
for the quarter ended March 31, 1997 for May Drilling Partnership  1983-2 and is
qualified in its entirety by reference to such Form 10-Q.
</LEGEND>
<CIK>                         0000711309
<NAME>                        May Drilling Partnership 1983-2
<MULTIPLIER>                                   1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              Dec-31-1997
<PERIOD-END>                                   Mar-31-1997
<CASH>                                         270
<SECURITIES>                                   0
<RECEIVABLES>                                  195
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               465
<PP&E>                                         16,638
<DEPRECIATION>                                 16,092
<TOTAL-ASSETS>                                 1,011
<CURRENT-LIABILITIES>                          15
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     996
<TOTAL-LIABILITY-AND-EQUITY>                   1,011
<SALES>                                        224
<TOTAL-REVENUES>                               226
<CGS>                                          0
<TOTAL-COSTS>                                  67
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                159
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            159
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   159
<EPS-PRIMARY>                                  8.05
<EPS-DILUTED>                                  8.05
        


</TABLE>
Joseph BURTON, petitioner, v. UNITED STATES.

No. 12-9189.

Supreme Court of the United States

April 15, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.
Richard B. GOODIN, Sr., petitioner, v. FIDELITY NATIONAL TITLE INSURANCE COMPANY.

No. 12-1301.

Supreme Court of the United States

June 10, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.