alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Page 1 - DEFENDANTS’ RESPONSE TO PLAINTIFFS’ MOTION TO CLARIFY 

AND/OR RECONSIDER 

93543342.1 0052941-00001 

Karen L. O’Connor, OSB No. 953710 

karen.oconnor@stoel.com 

John B. Dudrey, OSB No. 083085 

john.dudrey@stoel.com 

STOEL RIVES LLP

760 SW Ninth Avenue, Suite 3000 

Portland, OR 97205-2584 

Telephone: (503) 224-3380 

Facsimile: (503) 220-2480 

Attorneys for Defendants 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

NANCY ALLISON and HOLLY 

BURNEY, both in their individual capacities 

and, in addition, as a collective action on 

behalf of others similarly situated, 

Plaintiffs, 

v. 

SCOTT DOLICH and ANNA 

JOSEPHSON, individuals, and PARK 

KITCHEN LLC and THE BENT BRICK, 

LLC, Oregon limited liability companies, 

Defendants. 

Case No.: 3:14-cv-01005-AC 

DEFENDANTS’ RESPONSE TO 

PLAINTIFFS’ MOTION TO CLARIFY 

AND/OR RECONSIDER 

The Court should deny Plaintiffs’ Motion To Clarify and/or Reconsider. The Court 

properly and fully addressed the arguments contained in Plaintiffs’ Motion to Compel 

Documents and Deposition Testimony from Defendants and Subpoenaed Party Anthony 

Case 3:14-cv-01005-AC Document 212 Filed 07/24/17 Page 1 of 2
Page 2 - DEFENDANTS’ RESPONSE TO PLAINTIFFS’ MOTION TO CLARIFY 

AND/OR RECONSIDER 

Motschenbacher [Dkt. No. 165] in its Opinion and Order entered on July 7, 2017. [Dkt. No. 

207]. 

DATED: July 24, 2017. STOEL RIVES LLP 

s/ John B. Dudrey 

Karen L. O’Connor, OSB No. 953710 

John B. Dudrey, OSB No. 083085 

Attorneys for Defendants 

Case 3:14-cv-01005-AC Document 212 Filed 07/24/17 Page 2 of 2
<PAGE>
                                                                    EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (Nos. 333-4452 ,333-58393 and 333-61362), in the
Registration Statement on Form S-4 (No. 333-42310) and in the Registration
Statement on Form S-3 (No. 333-82750) of EGL, Inc. of our report dated March 21,
2003 relating to the financial statements which appears in this Form 10-K.


PricewaterhouseCoopers LLP

Houston, Texas
March 25, 2003


                                       59
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

ERIN SMITH, 3:14-CV-00707-ST

Plaintiff, ORDER

v.

JAMES BRADFORD SMITH and 

SMITH & GREEN COMPANY,

 Defendants.

BROWN, Judge.

Magistrate Judge Janice M. Stewart issued Findings and

Recommendation (#34) on September 16, 2014, in which she

recommends this Court grant in part and deny in part Defendant

Brad Smith’s Motion (#22) to Compel Arbitration and Dismiss

Complaint. The matter is now before this Court pursuant to 28

U.S.C. § 636(b)(1)(B) and Federal Rule of Civil Procedure 72(b).

1 - ORDER

Case 3:14-cv-00707-ST Document 41 Filed 10/27/14 Page 1 of 2
Because no objections to the Magistrate Judge's Findings and

Recommendation were timely filed, this Court is relieved of its

obligation to review the record de novo. See Dawson v. Marshall,

561 F.3d 930, 932 (9th Cir. 2009). See also United States v.

Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003)(en banc). 

Having reviewed the legal principles de novo, the Court does not

find any error. 

CONCLUSION 

The Court ADOPTS Magistrate Judge Stewart’s Findings and

Recommendation (#34). Accordingly, the Court GRANTS in part and

DENIES in part Defendant's Motion (#22) to Compel Arbitration and

Dismiss Complaint by requiring Plaintiff to resolve her claims

against Defendant Smith through arbitration pursuant to

Section 10.10 of the Operating Agreement. 

The Court also stays this action on condition that Defendant

Smith files proof he has commenced arbitration no later than

December 1, 2014.

IT IS SO ORDERED.

DATED this 27th day of October, 2014.

/s/ Anna J. Brown

 

ANNA J. BROWN

United States District Judge

2 - ORDER

Case 3:14-cv-00707-ST Document 41 Filed 10/27/14 Page 2 of 2
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II

105TH CONGRESS

1ST SESSION S. 1321

To amend the Federal Water Pollution Control Act to permit grants for

the national estuary program to be used for the development and implementation of a comprehensive conservation and management plan, to

reauthorize appropriations to carry out the program, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 28, 1997

Mr. TORRICELLI (for himself, Mr. GRAHAM, Mr. MACK, Mr. SARBANES, and

Mr. LAUTENBERG) introduced the following bill; which was read twice

and referred to the Committee on Environment and Public Works

A BILL

To amend the Federal Water Pollution Control Act to permit

grants for the national estuary program to be used for

the development and implementation of a comprehensive

conservation and management plan, to reauthorize appropriations to carry out the program, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. NATIONAL ESTUARY PROGRAM.

4 (a) GRANTS.—Section 320(g) of the Federal Water

5 Pollution Control Act (33 U.S.C. 1330(g)) is amended by
2

•S 1321 IS

1 striking paragraphs (2) and (3) and inserting the follow2 ing:

3 ‘‘(2) PURPOSES.—Grants under this subsection

4 shall be made to pay for assisting activities nec5 essary for the development and implementation of a

6 comprehensive conservation and management plan

7 under this section.

8 ‘‘(3) FEDERAL SHARE.—The Federal share of a

9 grant to any person (including a State, interstate, or

10 regional agency or entity) under this subsection for

11 a fiscal year—

12 ‘‘(A) shall not exceed—

13 ‘‘(i) 75 percent of the annual aggre14 gate costs of the development of a com15 prehensive conservation and management

16 plan; and

17 ‘‘(ii) 50 percent of the annual aggre18 gate costs of the implementation of the

19 plan; and

20 ‘‘(B) shall be made on condition that the

21 non-Federal share of the costs are provided

22 from non-Federal sources.’’.

23 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

24 320(i) of the Federal Water Pollution Control Act (33

25 U.S.C. 1330(i)) is amended by striking ‘‘$12,000,000 per
3

•S 1321 IS

1 fiscal year for each of fiscal years 1987, 1988, 1989,

2 1990, and 1991’’ and inserting ‘‘$50,000,000 for each of

3 fiscal years 1999 through 2004’’.

4 (c) EFFECTIVE DATE.—The amendments made by

5 this section take effect on October 1, 1998.
##### 



Exhibit 32

CERTIFICATION

Accompanying Form 10-Q Report
of First Industrial, L.P.
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
(Chapter 63, Title 18 U.S.C. §1350(a) and (b))


Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (Chapter 63,
Title 18 U.S.C. §1350(a) and (b)), each of the undersigned hereby certifies, to
his knowledge, that the Quarterly Report on Form 10-Q for the period ended
September 30, 2003 of First Industrial, L.P. (the Company) fully
complies with the requirements of Section 13(a) or Section 15(d) of the
Securities Exchange Act of 1934 and that the information contained in such
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.

|                         |  |                                    
|------------------------ |  | -----------------------------------
|Dated: November 12, 2003 |  | /s/ Michael W. Brennan             
|                         |  |                                    
|                         |  | Michael W. Brennan                 
|                         |  | Chief Executive Officer            
|                         |  | (Principal Executive Officer)      
|                         |  | First Industrial Realty Trust, Inc.
|                         |  |                                    
|Dated: November 12, 2003 |  | /s/ Michael J. Havala              
|                         |  |                                    
|                         |  | Michael J. Havala                  
|                         |  | Chief Financial Officer            
|                         |  | (Principal Financial Officer)      
|                         |  | First Industrial Realty Trust, Inc.

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. The
information contained in this written statement shall not be deemed filed for
purposes of Section 18 of the Securities Exchange Act of 1934, nor shall it be
deemed incorporated by reference in any filing under the Securities Act of 1933
or the Securities Exchange Act of 1934, except as shall be expressly set forth
by specific reference to such filing.
Order filed February 1 5 , 201 2

.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 12

- 00142

- CV

____________ IN RE CYPRESS TEXAS LLOYDS , Relator

ORIGINAL PROCEEDING WRIT OF MANDAMUS 268th District Court Fort Bend County, Texas Trial Court Cause No. 10

- DCV

- 177586



### O R D E R

On February 14, 2012 , relator, Cypress Texas Lloyds , filed a petition for writ of
mandamus. See T EX

. G OV ' T C ODE A NN

. § 22.221. Relator asks this c ourt to order The
Honorable Brady G. Elliott , Judge of the 268th District Court, Fort Bend County, Texas, to

vacate his order dated January 20, 201 2 , entered in trial court cause number
10

- DCV

- 177586 , styled Kenneth Hamilton and Brenda Hamilton v. Cypress Texas Lloyds, Crawford & Co., Burt Breedlove, and James McMennamy . Relator claims the trial court abused its discretion in compelling discovery of certain e

- mails. Relator also filed a2

motion to stay the trial court's order of January 20, 2012. Real parties in interest Kenneth Hamilton and Brenda Hamilton filed a response to the motion to stay.
It appears from the facts stated in the petition that relator’s request for relief requires further consideration and that relator will be prejudiced unless immediate temporary relief is granted. See T EX

. R. A PP

. P

. 52. 8(b), 52.10.

We therefore ORDER that the January 20, 2012 order o f the court below be stayed
in tr ial court cause number 10

- DCV

- 177586, styled Kenneth Hamilton and Brenda Hamilton v. Cypress Texas Lloyds, Crawford & Co., Burt Breedlove, and James McMennamy . The order is stayed until final decision by this court of relator’ s petition for
writ of mandam us, o r until further orders of this c ourt.
A response to the petition for writ of mandamus is requested within twenty days of
the date of this order.

PER CURIAM

Panel consists of Justices Frost, Brown, and Christopher. Do Not Publish.
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EXHIBIT23.2


CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We consent to the incorporation by reference in Registration Statements on Form S-3 (Nos. 333-75275, 333-125671, 333-132803, 333-140107, 333-155530 and 333-169599) and Form S-8 (Nos. 333-34079, 333-63470, 333-116072 and 333-152008) of Columbia Laboratories, Inc. of our reports dated March 25, 2008 relating to our audit of the consolidated financial statements and the financial statement schedule as of and for the year ended December 31, 2007 which appear in this Annual Report on Form 10-K/A, Amendment No. 2 of Columbia Laboratories, Inc. for the year ended December 31, 2009. Our report dated March 25, 2008 included an explanatory paragraph that effective January 1, 2007, Columbia Laboratories, Inc. adopted Financial Accounting Standards Board Interpretation No. 48, “Accounting for Uncertainty in Income Taxes - an Interpretation of FASB Statement No. 109”.








/s/ McGladrey & Pullen, LLP





McGLADREY & PULLEN, LLP


New York, New York
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 15

- 60545 Summary Calendar

MISIKIR GETACHEW TESFAYE , Petitioner

v. LORETTA LYNCH, U. S. ATTORNEY GENERAL , Respondent

Petition for Review of an Order of the Board of Immigration Appeals BIA No. A205 679 429

Before KING, DENNIS, and COSTA, Circuit Judges. PER CURIAM: * Misikir Getachew Tesfaye , a native and citizen of Ethiopia, petitions for review of the decision of the Board of Immigration Appeals (BIA) dismissing his appeal from the denial of his application for asylum, withholding of removal, and protection under the Convention A gainst Torture (CAT)

. With respect to his asyl um and withholding

- of

- removal claims, Tesfaye challenges the immigration judge’s finding that his testimony was not credible, but he

* 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 January 3, 2017

Lyle W. Cayce Clerk Case: 15-60545 Document: 00513819607 Page: 1 Date Filed: 01/03/2017N o. 15

- 60545

2 fails to show that it is plain from the totality of the circumstances that “no reasonable fact

- finder could make such an ad verse credibility ruling.” Wang
v. Holder , 569 F.3d 531, 538 (5th Cir. 2009) (internal quotation marks and citation omitted). While he also challenges the finding that he did not establish his eligibility for asylum or withholding of removal, Tesfaye fai ls to show that “any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B); see Chen v. Gonzales , 470 F.3d 1131, 1134 (5th Cir. 2006). In addition, Tesfaye also challenges the adverse credibility
determination i n the context of his CAT claim. Again, h e has not show n that “any reasonable adjudicator would be compelled t o conclude to the contrary.” § 1252(b)(4)(B). A lthough Tesfaye challenges the denial of CAT protection on the ground that the ruling erroneously rests on an adverse credibility
determination from the asylum context , the adverse credibility assessment
here goes directly to the issue whether Tesfaye is likely to be tortured in Ethiopia

. See Efe v. Ashcroft , 293 F.3d 899, 9 07

- 08 (5th Cir. 2002)

. Tesfaye ’s challenge to the denial of CAT protection fails because he does not show that any reasonable adjudicator would be compelled to find that it is more likely
than not that he would be tortured if removed to Ethiopia. See § 1252(b)(4)(B);

see Zhang v. Gonzales , 432 F.3d 339, 344

- 45 (5th Cir. 2005). PETITION DENIED. Case: 15-60545 Document: 00513819607 Page: 2 Date Filed: 01/03/2017
#### The People of the State of New York, Respondent, v Michael C. Miller, Appellant.

Appeal by defendant from a judgment of the County Court, Nassau County (Baker, J.), rendered January 6, 1983, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Contrary to defendant’s contention, a proper foundation was established for the admission into evidence of the guns, ski masks and related items *(see, People v McGee,*49 NY2d 48, 50-60, *cert denied sub nom. Waters v New York,*446 US 942; *People v Mirenda,*23 NY2d 439). Further, the testimony of the accomplice was amply corroborated by defendant’s admissions to a nonaccomplice witness.

We have examined defendant’s remaining contentions and find them to be without merit. Lazer, J. P., Bracken, Niehoff and Kooper, JJ., concur.
TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED MAY 3, 2019

NO. 03-17-00546-CV

Jeffrey Benjamin Mason, Appellant

v.

Keri Cotterman Mason, Appellee

APPEAL FROM THE 353RD DISTRICT COURT OF TRAVIS COUNTY

BEFORE CHIEF JUSTICE ROSE, JUSTICES GOODWIN AND KELLY

AFFIRMED -- OPINION BY JUSTICE KELLY

This is an appeal from the judgment signed by the trial court on August 16, 2017. Having 

reviewed the record and the parties’ arguments, the Court holds that there was no reversible error 

in the judgment. Therefore, the Court affirms the trial court’s judgment. Appellant shall pay all 

costs relating to this appeal, both in this Court and the court below.
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George S May Intl, et al v. Xcentric Ventures, et al Doc. 5

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