alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT 

FILED

NOV 27 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

MICHAEL T. BROOKS,

 Plaintiff - Appellant,

 v.

AGATE RESOURCES, INC., DBA 

Agate Healthcare (Oregon ABN 

695284-96), DBA Apropo Benefits 

Management, LLC, DBA Employers 

Health Alliance, LLC, DBA Health 

Policy Research Northwest, DBA Lane 

Home Medical, LLC, DBA Lane 

Individual Practice Association, Inc., 

DBA Trillium Advantage, DBA 

Trillium Community Health Plan, DBA 

Trillium Community Health Plan, Inc., 

DBA Trillium Community Health Plan, 

LLC, DBA Trillium Coordinate Care 

Organization, Inc., DBA Trillium 

Medicare, DBA Trillium Sprout,

 Defendant - Appellee.

No. 19-35547

D.C. No. 6:15-cv-00983-MK

U.S. District Court for Oregon, 

Eugene

MANDATE

The judgment of this Court, entered November 05, 2020, takes effect this 

date. 

This constitutes the formal mandate of this Court issued pursuant to Rule 

41(a) of the Federal Rules of Appellate Procedure. 

Case: 19-35547, 11/27/2020, ID: 11907507, DktEntry: 77, Page 1 of 2

EXHIBIT 4 

Page 1 of 2

Case 6:14-cv-01424-MC Document 92-4 Filed 12/22/20 Page 1 of 2
FOR THE COURT:

MOLLY C. DWYER

CLERK OF COURT

By: Jessica Flores 

Deputy Clerk

Ninth Circuit Rule 27-7

Case: 19-35547, 11/27/2020, ID: 11907507, DktEntry: 77, Page 2 of 2

EXHIBIT 4 

Page 2 of 2

Case 6:14-cv-01424-MC Document 92-4 Filed 12/22/20 Page 2 of 2
<TABLE> <S> <C>


<ARTICLE>                     5
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     (Replace this text with the legend)
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<NAME>                        Enex Income & Retirement Fund - Series 2, LP
       
<S>                             <C>
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<FISCAL-YEAR-END>                              dec-31-1995
<PERIOD-START>                                 jan-01-1995
<PERIOD-END>                                   dec-31-1995
<CASH>                                         889
<SECURITIES>                                   0
<RECEIVABLES>                                  16375
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               17264
<PP&E>                                         1209403
<DEPRECIATION>                                 831067
<TOTAL-ASSETS>                                 395600
<CURRENT-LIABILITIES>                          15085
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                                     370091
<TOTAL-LIABILITY-AND-EQUITY>                   395600
<SALES>                                        76650
<TOTAL-REVENUES>                               15286
<CGS>                                          4968
<TOTAL-COSTS>                                  42987
<OTHER-EXPENSES>                               34831
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                0
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            0
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   14118
<EPS-PRIMARY>                                  0
<EPS-DILUTED>                                  0
        


</TABLE>
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#### The People of the State of New York, Respondent, v Douglas Rice, Appellant.

— Appeal by the defendant from an amended sentence of the Supreme Court, Richmond County (Felig, J.), imposed September 4, 1985, the sentence being an indeterminate term of lié to 4 years’ imprisonment, upon an *612adjudication, after a hearing, that the defendant was in violation of probation.

Ordered that the amended sentence is reversed, on the law, and the matter is remitted to the Supreme Court, Richmond County, for resentencing in accordance herewith.

Following a hearing which resulted in a finding that the defendant had violated the conditions of probation which had previously been imposed upon his conviction of attempted criminal sale of a controlled substance in the fifth degree, upon his plea of guilty, the court sentenced the defendant to an indeterminate term of lVá to 4 years’ imprisonment. However, because this amended sentence was imposed in the absence of an updated presentence report, it must be vacated, and the matter remitted to the Supreme Court, Richmond County, for resentencing, upon the submission of an updated report *(see, People v Jackson,*106 AD2d 93). Mollen, P. J., Lazer, Thompson and Eiber, JJ., concur.
Case: 1:03-cv-05733 Document #: 7  Filed: 10/09/03 Page 1 of 2 PageID #:86

Case: 1:03-cv-05733 Document #: 7  Filed: 10/09/03 Page 2 of 2 PageID #:87
#### Berta de Jesus AMAYA-DIAZ; Nubia Lissette Amaya-Diaz, Petitioners, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 10-71640.

United States Court of Appeals, Ninth Circuit.

Submitted July 12, 2011.*

Filed July 19, 2011.

Jenny Tsai, Green & Tsai, Attorneys at Law, San Francisco, CA, for Petitioners.

Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, DOJ — U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Hillel Ryder Smith, Richard Zanfardino, Trial, DOJ— U.S. Department of Justice, Washington, DC, 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).

*149MEMORANDUM **

Berta de Jesus Amaya-Diaz and Nubia Lissette Amaya-Diaz, natives and citizens of El Salvador, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). Our jurisdiction is governed by 8 U.S.C. § 1252. We review for substantial evidence factual findings, *INS v. Elias-Zacarias,*502 U.S. 478, 481 & n. 1, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992), and we deny in part and dismiss in part the petition for review.

Substantial evidence supports the BIA’s finding that petitioners failed to demonstrate that the gang members harmed them and tried to recruit them on account of a political opinion. *See Barrios v. Holder,*581 F.3d 849, 855-56 (9th Cir.2009); *Ramos-Lopez v. Holder,*563 F.3d 855, 862 (9th Cir.2009). We lack jurisdiction to consider petitioners’ contention that they are members of a particular social group of young women who refuse to live under the threat of sexual violence or young girls who are vehemently opposed to gang recruitment, extortion, and female sexual coercion because they did not raise these distinct social group claims to the IJ or BIA. *See Barron v. Ashcroft,*358 F.3d 674, 678 (9th Cir.2004). Petitioners do not challenge in their opening brief the BIA’s conclusion that young women who have been abandoned and receive monthly income are not a particular social group. *See Martinez-Serrano v. INS,*94 F.3d 1256, 1259-60 (9th Cir.1996). Accordingly, petitioners’ asylum and withholding of removal claims fail. *See Ochoa v. Gonzales,*406 F.3d 1166, 1172 (9th Cir.2005).

Finally, substantial evidence also supports the BIA’s denial of CAT relief because petitioners failed to establish that it is more likely than not they will be tortured by or with the acquiescence of the government of El Salvador. *See Silaya v. Mukasey,*524 F.3d 1066, 1073 (9th Cir.2008).

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.
1 – JUDGMENT

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

THE LANCE AND LINDA NEIBAUER

JOINT TRUST, by and through LANCE

NEIBAUER, as trustee,

Plaintiff, Case No. 6:14-cv-01192-MC

v. JUDGMENT

MICHAEL J. KURGAN, an individual,

Defendant.

_____________________________

MCSHANE, Judge:

Based on the record, summary judgment for plaintiff. Plaintiff’s motion for summary 

judgment, ECF No. 22, is GRANTED. Kurgan’s motion for summary judgment, ECF No. 23, is 

DENIED. The Trust is awarded $13,896.39 on its breach of contract claim and $46,730.36 on its 

intentional interference with contract claim. The Trust is also entitled to costs and prejudgment 

and post-judgment interest.

IT IS SO ORDERED.

DATED this 16th day of December, 2014.

 

___ /s/Michael McShane ______

 Michael McShane

United States District Judge

Case 6:14-cv-01192-MC Document 46 Filed 12/16/14 Page 1 of 1
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# C_2005329EN.01000201.xml

| 24.12.2005 | EN | Official Journal of the European Union | C 329/2 |
| --- | --- | --- | --- |

24.12.2005

EN

Official Journal of the European Union

C 329/2

---

Authorisation for State aid pursuant to Articles 87 and 88 of the EC Treaty

Cases where the Commission raises no objections

(2005/C 329/02)

(Text with EEA relevance)

Date of adoption:

Member State: Lithuania

Aid No: N 44/2005

Title: Excise tax reduction on biofuels

Objective (sector): Environmental protection. Tax advantage in favour of biofuel producers

Legal basis:

| — | Lietuvos Respublikos akcizų įstatymas (Žin., 2001, Nr. 98-3482; 2004, Nr. 26-802); |
| --- | --- |

—

Lietuvos Respublikos akcizų įstatymas (Žin., 2001, Nr. 98-3482; 2004, Nr. 26-802);

| — | Lietuvos Respublikos biokuro, biodegalų ir bioalyvų įstatymas (Žin., 2000, 64-1940; 2004, Nr. 28-870); |
| --- | --- |

—

Lietuvos Respublikos biokuro, biodegalų ir bioalyvų įstatymas (Žin., 2000, 64-1940; 2004, Nr. 28-870);

Budget: EUR 72 000 000 (LTL 250 000 000) in the period 2006-2010

Duration: 5 years

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

Date of adoption of the decision:

Member State: Austria

Aid No: N 263/2005

Title: Broadband for Kärnten

Objective: To support the provision of basic and advanced broadband services, at conditions similar to urban areas, in certain areas of Kärnten which are currently not served and where there are no plans for coverage in the near future

Legal basis: The measure is based on the tender documentation for a broadband service concession by the Land of Kärnten and linked to the general development policy of the government of Kärnten as well as to the Austrian national broadband strategy

Budget: The maximum amount of public funds is EUR [...] (1)

1

Aid intensity: only known after signature of procurement contract

Duration of project: 3 years subject to a possible extension of 1 year

Other information: The selected provider(s) will be mandated to provide non-discriminatory wholesale access to third party operators

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://europa.eu.int/comm/secretariat_general/sgb/state_aids/

---

(1)  Business secret.

1

---
<PAGE>
                                                                    EXHIBIT 99.1



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

I, Robert J. Skandalaris, 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 the Quarterly Report of Noble International, Ltd. on Form
10-Q for the quarterly period ended September 30, 2002 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and that information contained in such Form 10-Q fairly presents in all material
respects the financial condition and results of operations of Noble
International, Ltd.


                             By: /s/ Robert J. Skandalaris
                                ------------------------------------------------
                             Name: Robert J. Skandalaris
                             Title: Chief Executive Officer (Principal Executive
                                    Officer) of Noble International, Ltd.
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11 TH COURT OF APPEALS

EASTLAND

, TEXAS

JUDGMENT

Isaac Delbosque

, * From the 70 th District Court

o f Ector County,

Trial Court No

. A

- 20

- 1032

- CR

Vs. No. 11

- 21

- 00 2 83

- CR * August 4

, 20 2 2

The State of Texas

, * Per Curiam Memorandum Opinio n

(P anel consists of: Bailey , C.J.,

Trotter, J., and Williams, J. )

This court has inspected the record in this cause and concludes that there is no

error in the judgment below. Therefore, in accordance with this court ’ s opi nion,

the judgment of the trial court is in all things affirmed.
##### 



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
  (1)
    
    The Form 10-Q fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. 78m or 78o(d)); and(2)
    
    The information contained in the Form 10-Q fairly presents, in all material respects,
the financial condition and results of operations of the Company.
  /s/ Joseph L. LovejoySenior Vice PresidentActing Chief Financial Officer
105TH CONGRESS

2D SESSION S. 1718

AN ACT

To amend the Weir Farm National Historic Site Establishment Act of 1990 to authorize the acquisition of additional acreage for the historic site to permit the development of visitor and administrative facilities and to authorize the appropriation of additional amounts for the

acquisition of real and personal property.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

S 1718 ES

1 SECTION 1. WEIR FARM NATIONAL HISTORIC SITE, CON2 NECTICUT.

3 (a) ACQUISITION OF LAND FOR VISITOR AND ADMIN4 ISTRATIVE FACILITIES.—Section 4 of the Weir Farm Na5 tional Historic Site Establishment Act of 1990 (16 U.S.C.

6 461 note; Public Law 101–485; 104 Stat. 1171) is amend7 ed by adding at the end the following:

8 ‘‘(d) ACQUISITION OF LAND FOR VISITOR AND AD9 MINISTRATIVE FACILITIES; LIMITATIONS.—

10 ‘‘(1) ACQUISITION.—

11 ‘‘(A) IN GENERAL.—To preserve and

12 maintain the historic setting and character of

13 the historic site, the Secretary may acquire not

14 more than 15 additional acres for the develop15 ment of visitor and administrative facilities for

16 the historic site.

17 ‘‘(B) PROXIMITY.—The property acquired

18 under this subsection shall be contiguous to or

19 in close proximity to the property described in

20 subsection (b).

21 ‘‘(C) MANAGEMENT.—The acquired prop22 erty shall be included within the boundary of

23 the historic site and shall be managed and

24 maintained as part of the historic site.

25 ‘‘(2) DEVELOPMENT.—The Secretary shall keep

26 development of the property acquired under para-
3

S 1718 ES

1 graph (1) to a minimum so that the character of the

2 acquired property will be similar to the natural and

3 undeveloped landscape of the property described in

4 subsection (b).

5 ‘‘(3) AGREEMENTS.—Prior to and as a pre6 requisite to any development of visitor and adminis7 trative facilities on the property acquired under

8 paragraph (1), the Secretary shall enter into 1 or

9 more agreements with the appropriate zoning au10 thority of the town of Ridgefield, Connecticut, and

11 the town of Wilton, Connecticut, for the purposes

12 of—

13 ‘‘(A) developing the parking, visitor, and

14 administrative facilities for the historic site; and

15 ‘‘(B) managing bus traffic to the historic

16 site and limiting parking for large tour buses to

17 an offsite location.’’.

18 (b) INCREASE IN MAXIMUM ACQUISITION AUTHOR19 ITY.—Section 7 of the Weir Farm National Historic Site

20 Act of 1990 (16 U.S.C. 461 note; Public Law 101–485;
4

S 1718 ES

1 104 Stat. 1173) is amended by striking ‘‘$1,500,000’’ and

2 inserting ‘‘$4,000,000’’.

Passed the Senate October 2, 1998.

Attest:

Secretary.
105TH CONGRESS

2D SESSION S. 1718

AN ACT

To amend the Weir Farm National Historic Site

of real and personal property.priation of additional amounts for the acquisitionministrative facilities and to authorize the approsite to permit the development of visitor and adquisition of additional acreage for the historicEstablishment Act of 1990 to authorize the ac-
**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 annual report of Synergx Systems Inc. (the "Company") on
      Form 10-KSB for the period ending September 30, 2007 as filed with the
      Securities and Exchange Commission on the date hereof (the "Report"), I, Daniel
      S. Tamkin, Chief Executive Officer of the Company, and I, John A. Poserina,
      Chief Financial Officer of the Company certify, pursuant to 18 U.S.C. § 1350, as
      adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, to my knowledge,
      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 results of operations of the Company.








/s/Daniel S. Tamkin
 Daniel S. Tamkin


Chief
      Executive Officer


Synergx
      Systems Inc.


December
      26, 2007









/s/John A. Poserina
 John A. Poserina


Chief
      Financial Officer


Synergx
      Systems Inc.


December
      26, 2007