alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# United States Court of Appeals
For the First Circuit

No. 15-1491

IN RE: ARIAD PHARMACEUTICALS, INC. SECURITIES LITIGATION

JOSEPH BRADLEY; PENSION TRUST FUND FOR OPERATING ENGINEERS; CITY

OF FORT LAUDERDALE POLICE & FIRE RETIREMENT SYSTEM; AUTOMOTIVE INDUSTRIES PENSION TRUST FUND; WILLIAM A. GAUL, D.M.D.,

Plaintiffs, Appellants,

NABIL ELMACHTOUB, individually and on behalf of all others similarly situated; JAMES L. BURCH, individually and on behalf of all others similarly situated; GREATER PENNSYLVANIA CARPENTERS' PENSION FUND, individually and on behalf of all others similarly situated; JIMMY WANG, individually and on behalf of all others similarly situated,

Plaintiffs,

v.

ARIAD PHARMACEUTICALS, INC; HARVEY J. BERGER; FRANK G. HALUSKA; TIMOTHY P. CLACKSON; EDWARD M. FITZGERALD; JEFFERIES & COMPANY, INC.; WAYNE WILSON; JAY R. LAMARCHE; BMO CAPITAL MARKETS CORP.; ATHANASE LAVIDAS; COWEN AND COMPANY, LLC; RBC CAPITAL MARKETS,

LLC; JP MORGAN SECURITIES LLC; LEERINK SWANN LLC; NORBERT G. RIEDEL; MASSIMO RADAELLI; ROBERT M. WHELAN, JR.; UBS SECURITIES LLC,

Defendants, Appellees,

DAVID E. I. PYOTT; MIKE R. BOWLIN; JOHN T. CARDIS; WESLEY W. VONSCHACK; ROBERT A. INGRAM; WILLIAM J. LINK; MICHAEL A. MUSSALLEM; BARBARA J. MCNEIL,

Defendants.

**ERRATA SHEET**

The opinion of this Court, issued on November 28, 2016, is amended as follows:

On page 7, line 6, insert "a" after "state"
1 – OPINION AND ORDER 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PORTLAND DIVISION 

MICHAEL KLEIN,

No. 3:15-cv-01438-AC

Plaintiff, 

OPINION AND ORDER 

v.

COMMISSIONER, Social Security 

Administration,

 Defendant. 

MOSMAN, J., 

On November 10, 2016, Magistrate Judge John Acosta issued his Findings and 

Recommendation [20], recommending that the Commissioner’s decision should be AFFIRMED. 

Neither Defendant nor Plaintiff objected. 

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 

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 

Case 3:15-cv-01438-AC Document 22 Filed 12/14/16 Page 1 of 2
2 – OPINION AND ORDER 

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 Acosta’s recommendation and I ADOPT the F&R [20] 

as my own opinion. The Commissioner’s decision is AFFIRMED. 

IT IS SO ORDERED. 

DATED this 14th day of December, 2016. 

/s/ Michael W. Mosman_________

MICHAEL W. MOSMAN 

Chief United States District Judge 

Case 3:15-cv-01438-AC Document 22 Filed 12/14/16 Page 2 of 2
105TH CONGRESS

2D SESSION S. 1355

AMENDMENTS
In the House of Representatives, U. S.,

September 23, 1998.

Resolved, That the bill from the Senate (S. 1355) entitled ‘‘An Act to designate the United States courthouse located in New Haven, Connecticut, as the ‘‘Richard C. Lee

United States Courthouse’’, do pass with the following

AMENDMENTS:

Strike out all after the enacting clause and insert:

1 SECTION 1. DESIGNATION.

2 The United States courthouse located at 141 Church

3 Street in New Haven, Connecticut, shall be known and des4 ignated as the ‘‘Richard C. Lee United States Courthouse’’.

5 SEC. 2. REFERENCES.

6 Any reference in a law, map, regulation, document,

7 paper, or other record of the United States to the United

8 States courthouse referred to in section 1 shall be deemed

9 to be a reference to the ‘‘Richard C. Lee United States

10 Courthouse’’.
2

•S 1355 EAH

Amend the title so as to read: ‘‘An Act to designate

the United States courthouse located at 141 Church

Street in New Haven, Connecticut, as the ‘Richard C.

Lee United States Courthouse’.’’.

Attest:

Clerk.
EXHIBIT 21

 

ITRONICS INC. AND SUBSIDIARIES

SIGNIFICANT SUBSIDIARIES

 

 

 

                                         STATE OF          NAMES UNDER WHICH

NAME                                   INCORPORATION         THEY DO BUSINESS

Whitney & Whitney, Inc.                     Nevada                 Same

Itronics Metallurgical, Inc                Nevada                 Same

Itronics California, Inc.                  California             Same

Nevada Hydrometallurgical Project

(A Partnership)                            Nevada                 Same

American Hydromet 

(A Joint Venture)                          Nevada                 Same

82
Exhibit 32.1

Written
Statement of the Chief Executive Officer Pursuant to 18 U.S.C. Section 1350

Pursuant
to 18 U.S.C. Section 1350, the undersigned officer of Traffix, Inc. ("Registrant"), hereby certifies that the Registrant's Quarterly Report on
Form 10-Q for the nine months ended August 31, 2004 (the "Report") fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities
Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.

| | /s/JEFFREY L. SCHWARTZJEFFREY L. SCHWARTZ Chairman and Chief Executive Officer
| | ------------------------------------------------------------------------------

---



QuickLinks
Third Amendment to
                              Amended and Restated
                    Certificate of Limited Partnership of
                Geodyne Energy Income Limited Partnership II-G

     The undersigned,  desiring to amend its amended and restated  certificate
of limited  partnership  pursuant  to the  Oklahoma  Revised  Uniform  Limited
Partnership Act, as amended,  Okla.  Stat. tit. 54 (1993),  Section 301 et seq
(the "Act"), do hereby state:

1.    The name of the limited  partnership  is Geodyne  Energy Income  Limited
Partnership II-G.

2.    The dates of filing of the Certificate of Limited Partnership and all
amendments thereto are as follows:

      Name                                                    Date
      ----                                                    ----
   Agreement and Certificate of Limited Partnership           4/17/89
   Amended and Restated Certificate of Limited                3/10/89
      Partnership
   First Amendment to Amended and Restated
      Certificate of Limited Partnership                      2/25/93
   Second Amendment to Amended and Restated
      Certificate of Limited Partnership                      7/19/96

3. The Amended and Restated  Certificate of Limited  Partnership  dated March 9,
1989, and filed with the Oklahoma  Secretary of State on March 10, 1989,  stated
that the latest  date upon  which the  limited  partnership  is to  dissolve  is
December 31, 2001.  Pursuant to its terms,  the  Agreement  and  Certificate  of
Limited  Partnership  dated April 10,  1989 (the  "Partnership  Agreement")  was
amended on  November  14,  2001,  to state  that the latest  date upon which the
Partnership  is to dissolve  is December  31,  2003,  provided  that the General
Partner may extend the term of the Partnership for up to four additional periods
of two years each pursuant to the provisions of the Partnership Agreement.

      Therefore,  the Amended and Restated Certificate of Limited Partnership is
hereby  revised  to state that the latest  date on which the  Partnership  is to
dissolve  is  December  31,  2003,  subject  to  extension  as set  forth in the
Partnership's Partnership Agreement.

      Dated:  November 14, 2001.

                                          GEODYNE RESOURCES, INC.
                                          General Partner

                                          By:   /s/ Dennis R. Neill
                                                ---------------------------
                                                Dennis R. Neill
                                                President
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Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
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###### Judicial Conference of the United States

# AGENCY:

Judicial Conference of the United States.

# ACTION:

Advisory Committee on Civil Rules; revised notice of open meeting.

# SUMMARY:

                        The Advisory Committee on Civil Rules will hold a virtual meeting on October 5, 2021 rather than meeting in person. The meeting is open to the public. When a meeting is held virtually, members of the public may join by telephone or video conference to observe but not participate. An agenda and supporting materials will be posted at least 7 days in advance of the meeting at:                         *http://www.uscourts.gov/​rules-policies/​records-and-archives-rules-committees/​agenda-books.*                         The announcement for this meeting was previously published in the                         **Federal Register**                         on June 28, 2021.                    

# DATES:

October 5, 2021, 10 a.m. (Eastern).

# FOR FURTHER INFORMATION CONTACT:

                        Scott Myers, Esq., Acting Chief Counsel, Rules Committee Staff, Administrative Office of the U.S. Courts, Thurgood Marshall Federal Judiciary Building, One Columbus Circle NE, Suite 7-300, Washington, DC 20544, Phone (202) 502-1820,                         *RulesCommittee_Secretary@ao.uscourts.gov.*

(Authority: 28 U.S.C. 2073.)

Dated: August 26, 2021.

Shelly L. Cox,

Management Analyst, Rules Committee Staff.

[FR Doc. 2021-18758 Filed 8-30-21; 8:45 am]

BILLING CODE 2210-55-P
#### UNITED STATES of America, Plaintiff-Appellee, v. Jhantel Ruth CROCKER, Defendant-Appellant.

No. 06-50744

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

May 18, 2007.

Joseph H. Gay, Jr, Assistant U.S. Attorney, U.S. Attorney’s Office, Western District of Texas, San Antonio, TX, for Plaintiff-Appellee.

Samuel L. Martinez, Waco, TX, for Defendant-Appellant.

Before DeMOSS, STEWART and PRADO, Circuit Judges.

PER CURIAM: *

Jhantel Ruth Crocker pleaded guilty to possession of at least 50 grams of methamphetamine with intent to distribute, conspiracy to distribute at least 50 grams of methamphetamine, and distribution of methamphetamine. On appeal, she challenges as unreasonable the district court’s imposition of consecutive 60-month sentences for the first two counts. She does not challenge the concurrent 108-month sentence she received for the distribution count.

The district court stated that the two 60-month sentences “must” be consecutive and indicated a desire to impose a sentence in the middle of the advisory guidelines range of 108-135 months. The reasoning behind the court’s sentencing decision, however, is not clear. We are troubled by the district court’s language, which indicates that it felt constrained to impose consecutive 60-month sentences. If the court’s aim was to sentence Crock-er to 120 months, concurrent sentences of 120 months would have satisfied this goal. If, however, the district court felt it was unable to sentence Crocker to fewer than *494120 months for the possession-with-intent and conspiracy counts, we cannot understand why he should be so constrained. Crocker’s concurrent 108-month sentence for the distribution count was within the guidelines range.

Given the lack of clarity in the record, we REMAND to the district court for the limited purpose of explaining its sentencing decision in light of these concerns. This court retains jurisdiction of the appeal during the pendency of the limited remand. *See Wheeler v. City of Columbus,*686 F.2d 1144, 1154 (5th Cir.1982).

LIMITED REMAND.

*

 Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.
**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 Quarter Report of B-Teller, Inc., (the “Company”) on Form
      10-QSB for the quarter ended January 31, 2004 as filed with the Securities
      and
      Exchange Commission on the date hereof (the “Report”), I, Armando Russo,
      President and J. A. Claydon, Secretary, 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:





(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.





B-TELLER,
      INC.


By /s/
      Armando Russo


**President**


By
      /s/ J.
      A.
      Claydon


**Secretary**


June
      6,
      2006
#### In the Matter of Maurice Reeves, Appellant, v Erie County Department of Social Services, Respondent.

[945 NYS2d 913]

Appeal from an order of the Family Court, Erie County (Margaret O. Szczur, J.), entered June 8, 2011. The order dismissed the petitions with prejudice.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Petitioner appeals from an order dismissing his petitions seeking visitation with his stepsons on the ground that the evidence presented at the hearing was insufficient to determine whether visitation would be in the children’s best interests. We affirm, but for a different reason. Contrary to the determination of Family Court, we conclude that petitioner lacks standing to seek visitation with the subject children *(see Bank v White,*40 AD3d 790, 791 [2007], *lv dismissed*9 NY3d 1002 [2007]; *Matter of Boland v Boland,*186 AD2d 1065, 1065 [1992]). Present — Scudder, P.J., Centra, Fahey, Peradotto and Sconiers, JJ.
II

105TH CONGRESS

2D SESSION S. 1833

To suspend temporarily the duty on 1-(4-methoxy-6-methyl-triazin-2-yl)-3-

[2-(3,3,3-trifluoropropyl)-phenylsulfonyl]-urea.

IN THE SENATE OF THE UNITED STATES

MARCH 24, 1998

Mr. HELMS introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To suspend temporarily the duty on 1-(4-methoxy-6-methyltriazin-2-yl)-3-[2-(3,3,3-trifluoropropyl)-phenylsulfonyl]-urea.

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

3 SECTION 1. 1-(4-METHOXY-6-METHYL-TRIAZIN-2-YL)-3-[2-

4 (3,3,3-TRIFLUOROPROPYL)-

5 PHENYLSULFONYL]-UREA.

6 (a) IN GENERAL.—Subchapter II of chapter 99 of

7 the Harmonized Tariff Schedule of the United States is

8 amended by inserting in numerical sequence the following

9 new heading:
2

•S 1833 IS

‘‘ 9902.29.75 1-(4-methoxy-6-methyltriazin-2-yl)-3-[2-(3,3,3-

trifluoropropyl)-

phenylsulfonyl]-urea (CAS

No. 94125–34–5) (provided

for in subheading

2935.00.75) .......................... Free No change No change On or before

12/31/02 ’’.

1 (b) EFFECTIVE DATE.—The amendment made by

2 subsection (a) applies with respect to articles entered, or

3 withdrawn from warehouse for consumption, on or after

4 the 15th day after the date of enactment of this Act.

Æ
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