alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 – OPINION AND ORDER 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PENDLETON DIVISION 

UNITED STATES OF AMERICA, 

 No. 2:15-cv-00344-SU 

 Plaintiff, 

 OPINION AND ORDER 

v. 

THE ESTATE OF NANCY M. HANEY; 

LARRY HANEY; CAM CREDITS, INC.; 

and THE UNKNONW HEIRS, DEVISEES, 

SUCCESSORS IN INTEREST AND 

CLAIMANTS TO THE ESTATE OF NANCY 

M. HANEY, DECEASED, 

 Defendants. 

MOSMAN, J., 

On June 7, 2016, Magistrate Judge Sullivan issued her Findings and Recommendation 

(F&R) [26], recommending the Plaintiff’s Motion for Default Judgment of Foreclosure should be 

GRANTED. No objections to the Findings and Recommendation were filed. 

DISCUSSION 

The magistrate judge makes only recommendations to the court, to which any party may 

file written objections. The court is not bound by the recommendations of the magistrate judge, 

but retains responsibility for making the final determination. The court is generally required to 

make a de novo determination regarding those portions of the report or specified findings or 

recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court 

Case 2:15-cv-00344-SU Document 29 Filed 06/29/16 Page 1 of 2
2 – OPINION AND ORDER 

is not required to review, de novo or under any other standard, the factual or legal conclusions of 

the magistrate judge as to those portions of the F&R to which no objections are addressed. See 

Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 

(9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R 

depends on whether or not objections have been filed, in either case, I am free to accept, reject, 

or modify any part of the F&R. 28 U.S.C. § 636(b)(1)(C). 

Upon review, I agree with Judge Sullivan’s recommendation and I ADOPT the F&R [26] 

as my own opinion. 

IT IS SO ORDERED. 

DATED this 29 day of June, 2016. 

_/s/ Michael W. Mosman___ 

 MICHAEL W. MOSMAN 

Chief United States District Judge 

Case 2:15-cv-00344-SU Document 29 Filed 06/29/16 Page 2 of 2
# C o u rt o f

A p p ea ls

o f t h e S t a te o f

G eo rg ia

ATLANTA,_

_ _ __ _ _ __ _ __ _ _ _ _ _ __ _ Th e Co u rt

o f Ap p ea l s h er eb y p a s s es t h e f

o ll owi n g o r der :

A1 9 A0 65 0 . W I LLI E MAYS v . THE STATE.

In 2 0 1 5 , W i l l i e M ay s pl ead ed g u i l t y t o t h eft b y t ak i n g

. H e lat er fi l ed a m o t i o n
t o wi t h draw h i s g u i l t y p l ea. 1 In an o rd er en t ered o n J u n e 1 8 , 2 0 1 8 , t h e t ri al co u rt d en ied t h at m o t i o n

. On J u l y 2 5 , 2 0 1 8 , M ay s fi l ed a n o t ice o f ap p eal

. 2 W e l ack ju ri s d i ct i o n b ecau se t h e n o t i ce o f ap p eal was n o t t i m el y fi l ed

. A n o t i ce o f ap p eal m

u s t b e fi l ed w i t hi n 3 0 d ay s of en t ry o f t h e o rd er s o u g h t to b e ap p eal ed . OCGA § 5 -6 -3 8 (a). Th e p ro p er an d t i m el y fi l i n g o f a n o t ice o f ap p eal i s an ab s o l u t e req u i rem en t t o co n fer ju ri s d i ct i o n o n t h i s Co u rt

. Ro wl a n d v. S t a t e , 2 6 4 Ga. 87 2 , 8 72 (1 ) (4 52 SE2 d 7 5 6 ) (1 99 5 ). M ay s’ s no t i c e o f a p p e a l i s u n t i m el y , as i t

was fi l ed 3 7 d ay s aft er en try o f t h e o rd er h e s eek s t o ap p eal

.

1 In ad di t i o n , M a ys f

i l e d a m o ti o n t o s et as i d e a v o i d ju d g m en t , an
ex t rao rd i n ary m o t i o n fo r n ew t ri al , an d a m o t i o n fo r an ou t -o f-t i m e ap p eal

. Th e t ri al

co u rt d en i ed t h e fi rs t t wo m o t i o n s a n d d i s m i s s ed t h e t h i rd , an d M ay s fi l ed s ep arat e ap p eal s fro m al l t h ree ru l i n gs

. W e d i s m i s s ed hi s ap p eal s fro m t h e o rd er d en y i n g t h e
m o ti o n t o s et as i d e a vo i d j u d gm en t (s ee Cas e No

. A1 8 A1 7 1 5 , d eci d ed J u ne 7 , 2 0 1 8 )

an d t h e o r d e r d en y i n g t h e ex t rao rd i n ary m ot i o n fo r n ew t ri al (s ee Cas e No

. A1 8 A1 71 6 , d eci d ed J u n e 7, 2 0 1 8 ). M ay s ’ s ap p eal fro m t h e o r d e r di s m i s s i n g h i s
m o ti o n fo r o u t -o f-t i m e ap peal i s p en d i n g

. See Cas e No . A1 9 A0 6 4 9.

2 M ay s al s o fi l ed an ap p l i cat i o n fo r d i s cret i o n a r y ap peal

. See Cas e No

. A1 9 D0 19 2

. December 10, 2018Acco rd i ng l y , t h i s ap p eal i s h ereb y DISM ISSED fo r l ack o f ju ri s d i ct i o n

.

C o u r t o f A p p e a l s o f t h e S t a t e o

f G e o r g ia C le r k ’ s O f f i c e , A t la n t a ,

_

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I c e r ti fy t h a t t h e a b o v e i s a t r u e e x t r a c t f r o m
t h e m i n u t e s o

f t h e C o u r t o

f A p p e a l s o f G e o r g i a

. W i tn e s s m y s i g n a t u r e a n d th e s e a l o

f s a i d c o u r t h e r e t o a f f i x e d t h e d a y a n d y e a r l a s t a b o v e w r i t t e n

.

, C l e r k

. 12/10/2018
---

CERTIFICATION OF 
  CHIEF FINANCIAL OFFICERPURSUANT TO 
  18 U.S.C. SECTION 1350, 
  AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Ryan S. McCleery, Chief Financial Officer of Terrace Ventures Inc. (the Company), hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my
knowledge:

| | (i)  | the Annual Report on Form 10-KSB of the Company, for
        the fiscal year ended April 30, 2005, and to which this certification
        is attached as Exhibit 32.2 (the Report) fully complies with
        the requirements of Section 13(a) or 15(d) of the Securities Exchange
        Act of 1934, as amended; and
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                                                                                             
| |      |                                                                                                                                                                                                                                                                                                                             
| | (ii) | the information contained in the Report fairly presents,
        in all material respects, the financial condition and results of operations
        of the Company.                                                                                                                                                        

| | By:    | /s/ Ryan S. McCleery   
| | ------ | -----------------------
| |        |                        
| | Name:  | RYAN S. McCLEERY       
| |        |                        
| | Title: | Chief Financial Officer
| |        |                        
| | Date:  | July 29, 2005          

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Registrant and will be retained by the Registrant and furnished to the Securities and Exchange Commission or its staff
upon request.

This certification accompanies the Form 10-KSB to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the Registrant under the Securities Act of 1933 or
the Securities Exchange Act of 1934 (whether made before or after the date of the Form 10-KSB), irrespective of any general incorporation language contained in such filing.

---
Summary of Loan Agreement
Entered into by and between Shenzhen BAK Battery Co., Ltd. (the “Company”) and
Shenzhen Eastern Branch, Agricultural Bank of China (the “Creditor”) dated
September 17, 2008

    


    Main
contents

    
      	
              Ø

            	
              Contract
      number: NO.81101200800001445;

            


    

    
      	
              Ø

            	
              Loan
      principal: RMB 44 million;

            


    

    
      	
              Ø

            	
              Loan
      term: from the date loan is provided to December 31,
  2008;

            


    

    
      	
              Ø

            	
              Floating
      interest rate: annually 6.21%, adjusted every 3
  months;

            


    

    
      	
               
      

            	
              n

            	
              Penalty
      interest rate for delayed repayment: 6.21% plus 50%
  *6.21%;

            


    

    
      	
               
      

            	
              n

            	
              Penalty
      interest rate for embezzlement of loan proceeds: 6.21%
  *1;

            


    

    
      	
              Ø

            	
              Purpose
      of the loan is to provide working capital for purchasing raw
      materials;

            


    

    
      	
              Ø

            	
              Advanced
      repayment of loan needs to be approved by the
  Creditor;

            


    

    
      	
              Ø

            	
              Breach
      of contract penalties: correct the breach of contract; suspension of loan
      un-provided, demand prepayment of loan principal and interest before
      maturity; imposition of punitive interest incurred due to delay in
      repayment; imposition of punitive interest for embezzlement of loan;
      imposition of plural interest for unpaid interest; withdraw from any
      accounts of the Company the loan principal and interest; compensation for
      the Creditor’s expenses incurred due to the Company’s breach of contract
      such as lawyer’s fee, etc.

            


    

    
      	
              Ø

            	
              Guaranty
      contract of the loan agreement: Guaranty Contract of Maximum Amount (No.
      81905200800000212);

            


    

    
      	
              Ø

            	
              Supplemental:
      The Company undertakes to pledge the Land Use Right
      Certificate(“Certificate”) of BAK Industrial Park to the Creditor as soon
      as obtaining the Certificate;

            


    

    


    Headlines
of the articles omitted:

    Ø       Loan
arrangement

    Ø       Interest
clearing of the loan

    Ø       Payment
of the loan

    Ø       Interest
penalty of loan

    Ø       Rights
and obligation of the Company

    Ø       Rights
and obligations of the Creditor

    Ø       Breach
of contract responsibility

    Ø       Validity

    Ø       Text
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**EXHIBIT 32.1****CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**In connection with the accompanying Quarterly Report of Animas Corporation on Form 10-Q for theperiod ended September 30, 2005, as filed with the Securities and Exchange Commission on the datehereof (the “Report”), the undersigned Chief Executive Officer and Chief Financial Officer ofAnimas Corporation each hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002 that, to their respective knowledge: (1) the Reportfully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934, as amended, and (2) the information contained in the Report fairly presents, in all materialrespects, the financial condition and results of operations of Animas Corporation.   */s/ Katherine D. Crothall*   Katherine D. Crothall
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1 – ORDER

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

JERRY L. FEND,

Plaintiff, Civ. No. 6:14-cv-00821-TC

v. ORDER

COMMISSIONER, SOCIAL SECURITY

ADMINISTRATION,

Defendant.

_____________________________

MCSHANE, Judge:

Magistrate Judge Thomas M. Coffin filed a Findings and Recommendation, ECF No. 19, 

and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72. 

Although plaintiff did not file objections, I reviewed the legal principles de novo. United States 

v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1998). I find no error and conclude the report is 

correct. Magistrate Judge Coffin’s Findings and Recommendation, ECF No. 19, is adopted. This 

action is dismissed for failure to prosecute.

IT IS SO ORDERED.

DATED this 25th day of September, 2015.

_______/s/ Michael J. McShane ________

Michael McShane

United States District Judge

Case 6:14-cv-00821-TC Document 22 Filed 09/25/15 Page 1 of 1
#### Ryall *v.*Pearson Brothers.

*Detinue.*

(Decided April 21, 1910.

52 South. 333.)

1. *Trial; Pleading; Directing Verdict.*— The court is without power to direct.a verdict for the defendant where its pleas are not supported by the evidence as to all their material averments.

*104Appear from Marengo Circuit Court.

Heard before Hon. John T. Lackland.

Detinue by J. S. Ryall against Pearson Brothers. The court directed a verdict for the defendant, and tlie plaintiff appeals.

Reversed and remanded.

I. I. Canterbury, for appellant.

Counsel discusses the action of the court in giving the affirmative charge for the defendant, but cites no authority in support thereof.

J. M. Miller and jdeGraffenried & Evins, for appellee.

No brief reached the. Reporter.

MAYFIELD, J.

This was an action of detinue, brought by plaintiff against defendants. To the complaint the defendants pleaded the general issue and several special pleas, among which was plea No. 3, which was in words and figures as follows: “That the property alleged in said complaint to have been converted or taken by the defendants was, prior to the date of said alleged conversion or taking, impounded by one J. S. Trigg, who was, or claimed to he, a pound keeper in Spring Hill precinct, in Marengo county, Alabama; that said Trigg sold said property for alleged pound fees, and at said sale one T. M. Walston became the purchaser, and the same was delivered to him; that after said sale the plaintiff tendered to said Walston the amount paid by him at said sale for said property;: that thereafter these defendants, knowing of said tender so made by said plaintiff to said Walston, and relying thereon as an admission by said plaintiff that said sale was valid and regular in all respects, and that said Walston was lawfully in possession of said property, with title thereto, and long after said tender was made,. *105and while said Walston was in possession of said property, claiming the same as his own, to the knowledge of plaintiff, bought said property from said Walston. And defendants aver that said plaintiff is estopped, by reason of said facts above set out, from denying that said Walston was lawfully in possession of said property, with title thereto, and from denying that the title and possession of these defendants, obtained by them from said Walston, as above set out, is unlawful or invalid or unauthorized.”

The court, at the request of defendants, gave the general affirmative charge in their favor as to this plea, which resulted in verdict and judgment for defendants. We are unable to find in this record proof sufficient to support all the material averments of this plea, and consequently hold that the trial court erred in the giving of this charge. Nor can we say that it was error without injury. The judgment is reversed, and the cause is remanded.

Reversed and remanded.

Dowdell, C. J., and Simpson and McClellan, JJ., concur.
Exhibit 10.52D
 AMENDMENT NO. 4 TO NOTE PURCHASE AGREEMENT
(Series 2008-A)
 Amendment Issuer BTMU
 RECITALS
 Agreement
   SECTION 1. Certain Defined Terms
 SECTION 2. Amendment to Agreement




---



##### 



Unexpired Series True-Up provided
  Unexpired Series True-Up Reduction
  Creation of New Series
 Amendments
 2




---



##### 



Other Series More Favorable Documentation provided
 SECTION 3. Consent
 SECTION 4. Effect of Amendment
 SECTION 5. Effectiveness
   SECTION 6. Counterparts
 SECTION 7. Governing Law
 3




---



##### 



SECTION 8. Section Headings
 [Signatures Follow]
 4




---



##### 



IN WITNESS WHEREOF
 COFINA FUNDING, LLC,
as the IssuerBy:
    /s/ James M. GrafingName:
    James M. GrafingTitle:
    Chief Financial Officer [Signatures Continue on the Following Page]
 Amendment
No. 4 to Series 2008-A NPA
 S-1




---



##### 



VICTORY RECEIVABLES CORPORATION,
as the Conduit PurchaserBy:
    /s/ Frank B. BilottaName:
    Frank B. BilottaTitle:
    PresidentTHE BANK OF TOKYO-MITSUBISHI UFJ, LTD., NEW YORK
BRANCH,
as the Funding AgentBy:
    /s/ Aditya ReddyName:
    Aditya ReddyTitle:
    Senior Vice PresidentTHE BANK OF TOKYO-MITSUBISHI UFJ, LTD., NEW YORK
BRANCH,
as a Committed PurchaserBy:
    /s/ Victor PierzchalskiName:
    Victor PierzchalskiTitle:
    Authorized Signatory
Purchaser Percentage: 100% Amendment
No. 4 to Series 2008-A NPA
 S-2
##### 



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 CHS Inc.
(the Company) on Form 10-K/A-3 for the fiscal
year ended August 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the Report),
I, John Schmitz, Executive Vice President and 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:



| |                                                                                                                                                                
| | ---------------------------------------------------------------------------------------------------------------------------------------------------------------
| | (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 result of operations of the Company.



| |                                                         
| | --------------------------------------------------------
| | /s/ JOHN SCHMITZ                                        
| |                                                         
| | John Schmitz                                            
| | Executive Vice President and Chief Financial
    Officer

March 2, 2004
UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

SAMUEL NERVEZA, JR., 

Plaintiff, 

v. 

COMMISSIONER, SOCIAL SECURITY 

ADMINISTRATION, 

Defendant. 

JUDGMENT 

Civil No.3:14-cv-02045-CL 

Pursuant to the ORDER signed on April 6, 2016, this action is reversed and remanded for 

further proceedings consistent with that ORDER. 

/C/-.-

Dated this .fitll day of April 2016. 

Ann Aiken 

United States District Judge 

JUDGMENT 

Case 3:14-cv-02045-CL Document 26 Filed 04/12/16 Page 1 of 1