alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Tigran HOVHANNISYAN, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 10-70518.

United States Court of Appeals, Ninth Circuit.

Submitted July 12, 2011.*

Filed July 22, 2011.

Tigran Hovhannisyan, Myrtle Beach, SC, pro se.

Brendan Paul Hogan, Esquire, Joseph Anthony O’Connell, OIL, DOJ-U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.

*

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

MEMORANDUM **

Tigran Hovhannisyan, a native and citizen of Armenia, petitions pro se for review *933of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reopen proceedings based on ineffective assistance of counsel. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen, *Iturribarria v. INS,*321 F.3d 889, 894 (9th Cir.2003), and we deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion in denying Hovhannisyan’s motion to reopen where the motion was filed seven months after the BIA’s final order of removal, *see*8 C.F.R. § 1003.2(c)(2) (motion to reopen must be filed within 90 days of a final administrative order), and Hovhannisyan did not establish grounds for equitable tolling of the filing deadline, *see Iturribarria,*321 F.3d at 897 (equitable tolling is available “when a petitioner is prevented from filing because of deception, fraud, or error”). In light of our holding, we need not reach the merits of Hovhannisyan’s ineffective assistance of counsel claim.

We lack jurisdiction to consider Hovhan-nisyan’s challenges to the agency’s underlying orders because this petition for review is not timely as to those orders. *See Singh v. INS,*315 F.3d 1186, 1188 (9th Cir.2003).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Exhibit 32.2

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 Quarterly Report of Thanksgiving Coffee Company, Inc. (the Company) on Form 10-Q for the quarter ended June 30, 2009 as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, the undersigned President of 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:



| | (i) | The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | ---------------------------------------------------------------------------------------------------------------------



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



/s/ Joan KatzeffPresidentAugust 14, 2009
#### The People of the State of New York, Respondent, *v.*Schihiok Jugigo, Appellant.

(Argued June 24, 1890;

decided October 7, 1890.)

Appeal from judgment ef the Court of Oyer and Terminer in the city and county of New York, entered upon a verdict *631rendered December 3, 1889, which convicted the defendant of the crime of murder in the first degree.

The following is the *mem.*of opinion:

“ The defendant was convicted of murder in the first degree in the Oyer and Terminer in the city of Hew York. He has appealed to this court.

“ The record does'not contain a single exception, and we are unable to perceive any reason for bringing the appeal, except to delay the execution of the judgment. The evidence established beyond any doubt the commission of the crime, and the charge of the judge was fair and properly instructed the jury upon the law needful for their guidance.

“ There can be no pretense for saying that the ends of justice require a new trial, and the judgment should be affirmed.”

*John R. Heinzelman*for appellant.

*McKenzie Semple*for respondent.

*Per Curiam*

*mem.*for affirmance.

All concur.

Judgment affirmed.
1 – ORDER

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

MARY WICKENKAMP, 

Plaintiff, No. 3:14-cv-01646-PK

v. 

 

AC3, INC.; MARILYN PRESTON ORDER

SUAREZ; FIRST AMERICAN TITLE

INSURANCE COMPANY; FIRST

AMERICAN TITLE COMPANY; OLD

REPUBLIC TITLE INSURANCE 

COMPANY; BRUCE HAMPTON; 

VENESE HAMPTON; SCOTT HAMPTON;

CHARLES WIKSTROM; RAHN

HOSTETTER; JONEL RICKER; JODI

RIGGS; BILL BUSHLEN; GENERAL

LAND OFFICE; CHARLENE WIKSTROM;

 Defendants.

HERNÁNDEZ, District Judge:

Magistrate Judge Papak issued a Findings and Recommendation [65] on September 28, 

2015, in which he recommends that this Court grant in part and deny in part Defendant First 

American Title Company’s motion [41] to dismiss and request for judicial notice, and 

Case 3:14-cv-01646-PK Document 85 Filed 11/16/15 Page 1 of 2
2 – ORDER

Defendants AC3, Inc.’s and Marilyn Suarez’s motion [44] to dismiss for failure to state a claim. 

The matter is now before me pursuant to 28 U.S.C. § 636(b)(1)(B) and Federal Rule of Civil 

Procedure 72(b).

When any party objects to any portion of the Magistrate Judge's Findings & 

Recommendation, the district court must make a de novo determination of that portion of the 

Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th 

Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).

I have carefully considered Plaintiff’s objections and conclude there is no basis to modify 

the Findings & Recommendation. I have also reviewed the pertinent portions of the record de 

novo and find no other errors in the Magistrate Judge's Findings & Recommendation. 

CONCLUSION 

The Court ADOPTS Magistrate Judge Papak’s Findings & Recommendation [65]. 

Therefore, for the reasons stated in the record, the Court grants in part and denies in part 

Defendant First American Title Company’s motion [41] to dismiss and request for judicial 

notice, and Defendants AC3, Inc.’s and Marilyn Suarez’s motion [44] to dismiss for failure to 

state a claim. All of plaintiff’s claims are dismissed without prejudice for lack of standing. 

Furthermore, Plaintiff is not granted leave to amend because the defect in her standing to pursue 

her claims is not subject to cure by amendment.

IT IS SO ORDERED.

DATED this ____________ day of ______________________________ , 2015.

________________________________________________ 

MARCO A. HERNÁNDEZ

United States District Judge

Case 3:14-cv-01646-PK Document 85 Filed 11/16/15 Page 2 of 2
<PAGE>   1
                                                                  EXHIBIT 10.109

                      EXTENSION LETTER FOR PROMISSORY NOTES
                          DATED AS OF DECEMBER 31, 1998


         This Extension Letter hereby amends those certain Promissory Notes
listed below by and between American Artists Film Corporation (therein called
"Obligor") and Steven D. Brown, (therein called "Holder") and extends the due
dates of said Promissory Notes for a period of 365 days with all principal and
any accrued but unpaid interest due on or before December 31, 1999.

<TABLE>
<CAPTION>
         Date of Promissory Note    Amount of Promissory Note
         -----------------------    -------------------------
<S>      <C>                        <C>
(1)      As of July 31, 1997              $  6,423.00
(2)      August 8, 1995                   $  9,691.00
(3)      April 17, 1995                   $ 27,500.00
(4)      August 16, 1994                  $  5,101.00
(5)      March 31, 1994                   $  2,613.17
(6)      December 31, 1993                $ 18,514.86
</TABLE>


         IN WITNESS WHEREOF, the undersigned has caused this Extension Letter to
be duly executed under the seal on the date and year first above written.

                                        "OBLIGOR"



                                        By:   /s/ ROBERT MARTINEZ
                                          --------------------------------------
                                          American Artists Film Corporation
                                          1245 Fowler St., N.W.
                                          Atlanta, Georgia 30318

"HOLDER"




   /s/ STEVEN D. BROWN         
------------------------------
Steven D. Brown
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##### 



CERTIFICATION
    PURSUANT TO SECTION 302 OF THE
    SARBANES-OXLEY ACT OF 2002
  Exhibit 31.1
    Form 10-K
  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, not
    misleading with respect to the period covered by this report;3.
    Based on my knowledge, the financial statements, and other
    financial information included in this report, fairly present in
    all material respects the financial condition, results of
    operations and cash flows of the registrant as of, and for, the
    periods presented in this report;4.
    The registrants other certifying officer(s) and I are
    responsible for establishing and maintaining disclosure controls
    and procedures (as defined in Exchange Act
    Rules 13a-15(e)
    and
    15d-15(e))
    for the registrant and have:  a.
    designed such disclosure controls and procedures, or caused such
    disclosure controls and procedures to be designed under our
    supervision, to ensure that material information relating to the
    registrant, including its consolidated subsidiaries, is made
    known to us by others within those entities, particularly during
    the period in which this report is being prepared;b.
    evaluated the effectiveness of the registrants disclosure
    controls and procedures and presented in this report our
    conclusions about the effectiveness of the disclosure controls
    and procedures, as of the end of the period covered by this
    report based on such evaluation; andc.
    disclosed in this report any change in the registrants
    internal control over financial reporting that occurred during
    the registrants most recent fiscal quarter (the
    registrants fourth fiscal quarter in the case of an annual
    report) that has materially affected, or is reasonably likely to
    materially affect, the registrants internal control over
    financial reporting; and  5.
    The registrants other certifying officers and I have
    disclosed, based on our most recent evaluation of internal
    controls over financial reporting, to the registrants
    auditors and the audit committee of the registrants board
    of directors (or persons performing the equivalent functions):  a.
    all significant deficiencies and material weaknesses in the
    design or operation of internal controls over financial
    reporting which are reasonably likely to adversely affect the
    registrants ability to record, process, summarize and
    report financial information; andb.
    any fraud, whether or not material, that involves management or
    other employees who have a significant role in the
    registrants internal control over financial reporting.
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#### Honeywell International Inc., Appellant, v Northshore Power Systems, LLC, Defendant, and Oaktree Capital Management, L.P., Respondent.

[946 NYS2d 474]

—An appeal having been taken to this Court by the above-named appellant from an order of the Supreme Court, New York County (Bernard J. Fried, J.), entered on or about July 26, 2011, and said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereon, it is unanimously ordered that the order so appealed from be and the same is hereby affirmed for the reasons stated by Fried, J., with costs and disbursements. Concur — Sweeny, J.P., Catterson, Acosta, Freedman and Román, JJ. [Prior Case History: 32 Misc 3d 1223(A), 2011 NY Slip Op 51398(U).]
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# C_2005278EN.01001401.xml

| 11.11.2005 | EN | Official Journal of the European Union | C 278/14 |
| --- | --- | --- | --- |

11.11.2005

EN

Official Journal of the European Union

C 278/14

---

Acceptance of the guidelines for the examination of State aid to fisheries and aquaculture (1)

1

(2005/C 278/05)

In accordance with Article 26(1) of Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 93 of the EC Treaty (2) the Commission announces the following:

2

Pursuant to point 5.2 of the guidelines for the examination of State aid to fisheries and aquaculture (‘the Guidelines’), Member States were asked to confirm in writing that they accept these proposals for appropriate measures no later than 15 November 2004.

Failure to do so by any Member State would be taken by the Commission to signify acceptance of the proposals, unless that Member State had notified the Commission in writing of their explicit disagreement.

In letters dated 15 November 2004, 20 January 2005 and 14 June 2005, the Finnish authorities indicated that they did not agree to amend two aid schemes in order to bring them in line with the Guidelines. These schemes relate to fishing insurances and transport of fish. They were notified to the Commission by letter of 27 April 1995 on the basis of Article 144(a) of the Treaty of Accession of the Republic of Finland to the European Union, and subsequently were deemed to be ‘existing’ aid within the meaning of Article 93(1) of the EC Treaty.

The Commission has not received any letters to this effect from other Member States.

The Commission must therefore assume that all Member States except Finland for the abovementioned schemes have accepted the proposals and that all their current aid schemes were brought in line with the Guidelines by 1 January 2005.

---

(1)  OJ C 229, 14.9.2004, p. 5.

1

(2)  OJ L 83, 27.3.1999, p. 1.

2

---
Fourth Court of Appeals

San Antonio, Texas

February 2, 2018

No. 04-17-00609-CV

Marta ARREDONDO,

Appellants

v.

TECHSERV CONSULTING and Training, Ltd., T&D Solutions, LLC, and AEP Texas Central 

Company,

Appellees

From the 79th Judicial District Court, Brooks County, Texas

Trial Court No. 15-08-16922-CV

Honorable Richard C. Terrell, Judge Presiding

O R D E R

Appellee Techserv’s Second Motion for Extension of Time to file brief is GRANTED. 

The appellees’ brief is due on February 20, 2018. 

_________________________________

Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 2nd day of February, 2018.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

DANIEL VAN BOMMEL and TRACI VAN BOMMEL
, Appellant s ,

v.

PEOPLE ’ S TRUST INSURANCE COMPANY OF FLORIDA
, Appellee

.

No. 4D 19

- 794

[ January 16, 2020 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Cymonie S. Rowe , Judge; L.T. Case No. 2017

- CA

- 012196

.

Mark A. Nation of The Nation Law Firm, LLP, Longwood, for appellant s

.

Mark D. Tinker of Cole, Scott & Kissane, P.A. , Tampa, and Brett Frankel and Jonathan Sabghir of People ’ s Trust Insurance Company, Deerfield Beach, for appellee.

P ER C URIAM

.

Affirmed

.

G ROSS

, D AMOORGIAN and K LINGENSMITH , JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.