alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Don M. HOGAN; Linda M. Hogan, Plaintiffs-Appellants, v. NW TRUST SERVICES, INC.; et al., Defendants-Appellees.

Nos. 10-35534, 10-35536.

United States Court of Appeals, Ninth Circuit.

*491Submitted June 15, 2011.*

Filed July 1, 2011.

Don M. Hogan, Bend, OR, pro se.

John Michael Thomas, Routh Crabtree Olsen, PC, Lawrence A. Wagner, Stewart Sokol & Gray LLC, Peter D. Hawkes, Esquire, Thomas William Sondag, Esquire, Pilar Cortwright French, Esquire, Charles F. Hudson, Esquire, Lane Powell PC, John David Parsons, Parsons, Farnell *&*Grein, LLP, Portland, OR, Mark G. Rei-necke, Bryant Lovlein & Jarvis, Bend, OR, for Defendants-Appellees.

Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.

*

 The panel unanimously concludes these cases are suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

In these consolidated appeals, Don M. Hogan and Linda M. Hogan appeal pro se from the district court judgments dismissing their actions arising out of two foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. *King v. California,*784 F.2d 910, 912 (9th Cir.1986). We affirm.

The district court properly dismissed appellants’ Truth in Lending Act (“TILA”) claim seeking damages as time-barred because their actions were not filed within one year of the alleged violations. *See*15 U.S.C. § 1640(e) (an action for damages must be brought within one year of the alleged violation).

The district court properly dismissed appellants’ TILA claim seeking rescission because appellants did not allege the ability to tender the proceeds of the loan. *See Yamamoto v. Bank of N.Y.,*329 F.3d 1167, 1171 (9th Cir.2003) (“[I]n applying TILA, a trial judge has the discretion to condition rescission on tender by the borrower of the property he had received from the lender.” (citation, internal quotation marks and alteration omitted)).

The district court properly dismissed appellants’ Real Estate Settlement Procedures Act claim as time-barred because appellants brought it more than one year after the alleged violation. *See*12 U.S.C. § 2607 (prohibition against kickbacks and unearned fees); 12 U.S.C. § 2614 (proscribing a one-year statute of limitations for violations of § 2607).

Contrary to appellants’ contention, the district court did not abuse its discretion by concluding that equitable tolling did not apply to the federal causes of action because appellants did not allege facts suggesting that the alleged violations could not have been discovered by a reasonable plaintiff when they occurred. *See Leong v. Potter,*347 F.3d 1117, 1121 (9th Cir.2003) (decision to apply equitable tolling reviewed for an abuse of discretion).

Appellants’ remaining contentions are unpersuasive.

We do not consider arguments and allegations raised for the first time on appeal. *See Smith v. Marsh,*194 F.3d 1045, 1052 (9th Cir.1999).

Halligan & Associates’ motions to dismiss the appeals are denied as moot.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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Exhibit 32.1

SECTION 906 CERTIFICATION

The following statement is provided by the undersigned to accompany the foregoing Report on Form 10-K/A pursuant to 18 U.S.C. Section 1350 as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and shall not be deemed filed pursuant to any provision of the Securities Exchange Act of 1934 or any other securities law.

The undersigned certifies that the foregoing Report on Form 10-K/A fully complies with the requirements of Section 13(a) of the Securities Exchange
Act of 1934 (15 U.S.C. Section 78) and that the information contained in the Form 10-K/A fairly presents, in all material respects, the financial condition and results of operations of Broadway Financial Corporation as of and for the year ended
December 31, 2010.



|                     |  |     |  |                               
|-------------------- |  | --- |  | ------------------------------
|Date: April 19, 2011 |  | By: |  | /s/ Paul C. Hudson            
|                     |  |     |  | Paul C. Hudson                
|                     |  |     |  | Chief Executive Officer       
|                     |  |     |  | Broadway Financial Corporation
# Official Journal C 97/2021

| | ISSN 1977-091X |
| --- | --- |
| Official Journal
  of the European Union | C 97 |
| | |
| English edition | Information and Notices | Volume 6422 March 2021 |

ISSN 1977-091X

Official Journal

of the European Union

C 97

English edition

Information and Notices

Volume 6422 March 2021

---

| Contents | page |
| --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2021/C 97/01 | Common catalogue of varieties of agricultural plant species — Supplement 2021/3 (
  1
  ) | 1 |
| 2021/C 97/02 | Common catalogue of varieties of vegetable species — Supplement 2021/3 (
  1
  ) | 24 |

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2021/C 97/01

Common catalogue of varieties of agricultural plant species — Supplement 2021/3 (
  1
  )

1

1

2021/C 97/02

Common catalogue of varieties of vegetable species — Supplement 2021/3 (
  1
  )

1

24

---

| | |
| --- | --- |
| | (1)   Text with EEA relevance. |

---

(1)   Text with EEA relevance.

1

| EN | |
| --- | --- |

EN
#### Michael D. Parise, Respondent, v New York City Transit Authority, Appellant.

[941 NYS2d 868]

*840In an action to recover damages for personal injuries, the defendant appeals from a judgment of the Supreme Court, Kings County (Kramer, J.), dated July 29, 2010, which, upon a jury verdict in favor of the plaintiff, and upon the denial of its motion pursuant to CPLR 4404 (a) to set aside the verdict and for judgment as a matter of law, is in favor of the plaintiff and against it in the principal sum of $608,000.

Ordered that the judgment is reversed, on the law, with costs, the defendant’s motion pursuant to CPLR 4404 (a) to set aside the jury verdict and for judgment as a matter of law is granted, and the complaint is dismissed.

Viewing the evidence in the light most favorable to the plaintiffs, no rational jury could have found that the plaintiff sustained a serious injury under the “90/180-day” category of Insurance Law § 5102 (d) *(see Lanzarone v Goldman,*80 AD3d 667, 669 [2011]; *Nesci v Romanelli,*74 AD3d 765, 766 [2010]). In order to establish a serious injury under this prong of the statute, the plaintiff must establish that he or she “has been curtailed from performing his [or her] usual activities to a great extent” during 90 of the 180 days immediately following the subject accident *(Licari v Elliott,*57 NY2d 230, 236 [1982]; *see*Insurance Law § 5102 [d]). Here, the plaintiff failed to present evidence showing that the injuries that he suffered as a result of this accident curtailed him from performing his usual and customary activities to a great extent for the requisite period *(see Lanzarone v Goldman,*80 AD3d at 669; *Nesci v Romanelli,*74 AD3d at 766; *Hamilton v Rouse,*46 AD3d 514, 516-517 [2007]; *Rodriguez v Virga,*24 AD3d 650, 652 [2005]; *Mercado v Garbacz,*16 AD3d 631, 632 [2005]; *Berman v General Elec. Cap Auto,*300 AD2d 522 [2002]).

The parties’ remaining contentions are without merit or need not be reached in light of our determination. Mastro, A.P.J., Hall, Lott and Sgroi, JJ., concur.
Exhibit 23.1




                       CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference in the Registration
Statement on Form S-3 No. (No. 333-55769) and Form S-8 (Nos. 333-61239,
333-12159 and 333-12157) of Regent Assisted Living, Inc. of our report dated
March 30, 2001, except for Notes 12 and 13, as to which the date is July 10,
2001, relating to the financial statements, which appears in the Annual Report
to Shareholders, which is incorporated in this Annual Report on Form 10-K.




PricewaterhouseCoopers LLP

Portland, Oregon
March 30, 2001, except for Notes 12 and 13,
      as to which the date is July 10, 2001
Presidential Documents

40913 

Federal Register 

Vol. 86, No. 143 

Thursday, July 29, 2021 

Title 3— 

The President 

Memorandum of July 23, 2021 

Delegation of Authority Under Section 506(a)(2) of the Foreign Assistance Act of 1961 

Memorandum for the Secretary of State 

By the authority vested in me as President by the Constitution and the 

laws of the United States of America, including section 301 of title 3, 

United States Code, subject to fulfilling the requirements of section 652 

of the Foreign Assistance Act of 1961 (FAA), and in order to provide 

assistance for refugees, victims of conflict, and other persons at risk as 

a result of the situation in Afghanistan, including applicants for Special 

Immigrant Visas, I hereby delegate to the Secretary of State: 

(1) the authority under section 506(a)(2) of the FAA to direct the drawdown 

of up to $200,000,000 in articles and services from the inventory and resources of any agency of the United States Government and military education and training from the Department of Defense for the purposes and 

under the authorities of the Migration and Refugee Assistance Act of 1962; 

(2) the authority to make the determination under section 506(a)(2) of 

the FAA to direct such drawdown; and 

(3) the authority under section 652 of the FAA to make, before any 

such drawdown, the required notifications to the Congress. 

You are authorized and directed to publish this memorandum in the Federal 

Register. 

THE WHITE HOUSE, 

Washington, July 23, 2021 

[FR Doc. 2021–16379 

Filed 7–28–21; 11:15 am] 

Billing code 4710–10–P 


jbell on DSKJLSW7X2PROD with MEMO_FRBIDEN.EPS</GPH>
#### The People of the State of New York, Respondent, v James Emmick, Appellant.

— Judgment unanimously affirmed *(see, People v Pavao,*59 NY2d 282; *People v Edwards,*80 AD2d 993). (Appeal from judgment of Supreme Court, Monroe County, Boomer, J. — burglary, third degree.) Present — Callahan, J. P., Denman, O’Donnell, Pine and Schnepp, JJ.
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Jonathan J Halvorson
                     

                     Research Soil Scientist
                     


                        ProjectsTransdisciplinary Research that Improves the Productivity and Sustainability of Northern Great Plains Agroecosystems and the Well-Being of the Communities They Serve
                                       In-House Appropriated

                                                   (D)Accession Number: 445375Influence of Plant Secondary Metabolites on Abiotic CO2 Efflux from Soils
                                       Non-Assistance Cooperative Agreement

                                                   (S)Accession Number: 442332


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<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
HEALTHDYNE INFORMATION ENTERPRISES, INC. CONSOLIDATED STATEMENT OF OPERATIONS
FOR THE YEAR ENDED DECEMBER 31, 1996 AND THE HEALTHDYNE INFORMATION ENTERPRISES,
INC. CONSOLIDATED BALANCE SHEET AS OF DECEMBER 31, 1996 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH CONSOLIDATED FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                          10,743
<SECURITIES>                                         0
<RECEIVABLES>                                    5,425
<ALLOWANCES>                                       165
<INVENTORY>                                          0
<CURRENT-ASSETS>                                16,966
<PP&E>                                           1,677
<DEPRECIATION>                                     456
<TOTAL-ASSETS>                                  31,802
<CURRENT-LIABILITIES>                            4,581
<BONDS>                                          4,265
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           202
<OTHER-SE>                                      22,754
<TOTAL-LIABILITY-AND-EQUITY>                    31,802
<SALES>                                              0
<TOTAL-REVENUES>                                16,151
<CGS>                                                0
<TOTAL-COSTS>                                    5,672
<OTHER-EXPENSES>                                 8,993
<LOSS-PROVISION>                                    92
<INTEREST-EXPENSE>                                 303
<INCOME-PRETAX>                                  1,183
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                              1,183
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,183
<EPS-PRIMARY>                                     0.06
<EPS-DILUTED>                                     0.06
        

</TABLE>
IV

105TH CONGRESS

1ST SESSION H. RES. 97

Amending the Rules of the House of Representatives to require that the

expenses of special-order speeches be paid from the Members Representational Allowance of the Members making such speeches.

IN THE HOUSE OF REPRESENTATIVES

MARCH 13, 1997

Ms. RIVERS submitted the following resolution; which was referred to the

Committee on Rules

RESOLUTION

Amending the Rules of the House of Representatives to

require that the expenses of special-order speeches be

paid from the Members Representational Allowance of

the Members making such speeches.

1 Resolved, That (a) rule XIV of the Rules of the House

2 of Representatives is amended by adding at the end the

3 following new clause:

4 ‘‘10. Expenses of any special-order speech shall be

5 paid from the Members Representational Allowance of the

6 Member making such speech.’’.
2

•HRES 97 IH

1 (b) The amendment made by subsection (a) shall take

2 effect on the first day beginning after the date of adoption

3 of this resolution.

Æ
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