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

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

COBBLER NEVADA, LLC, 

 Plaintiff, 

 v. 

THOMAS GONZALES,

 Defendant. 

Case No. 3:15-cv-00866-SB

ORDER

BECKERMAN, Magistrate Judge. 

On January 4, 2017, the Court entered Judgment for Defendant and awarded attorney’s 

fees and costs in the amount of $17,474.60.(ECF No. 56.) On November 17, 2017, the Court 

GRANTED Plaintiff’s Unopposed Motion to Permit the Deposit of Funds for Supersedeas Bond 

or Surety and Stay Enforcement of Judgment. (ECF Nos. 60, 62.) On the same day, Plaintiff 

made a cash deposit with the Court of $18,347.91 (5% over judgment). (ECF No. 64.) Pursuant 

to Rule 62(d) of the Federal Rules of Civil Procedure, Plaintiff moves for approval of the surety 

deposited with the Court and an order staying enforcement of the Judgment pending the Ninth 

Circuit’s decision on appeal. 

Case 3:15-cv-00866-SB Document 65 Filed 12/19/17 Page 1 of 2
PAGE 2 – ORDER 

Rule 62(d) entitles an appellant “to obtain a stay by supersedeas bond” pending an 

appeal. See also Redwind v. W. Union, LLC, 3:14-cv-01699-AC, 2017 WL 1025184, at *6 (D. 

Or. Mar. 16, 2017) (“Litigants may obtain a stay of an order as a matter of right by obtaining a 

supersedeas bond.” (citing Fed. R. Civ. P. 62(d))). Although Rule 62(d) “provides that a 

supersedeas bond may be used to stay execution of a judgment pending appeal, the court has 

discretion to allow other forms of judgment guarantee.” Int’l Telemeter Corp. v. Hamlin Int’l 

Corp., 754 F.2d 1492, 1495 (9th Cir. 1985). 

Accordingly, the Court approves Plaintiff’s cash deposit with the Court in lieu of a 

supersedeas bond. Further, the record does not demonstrate that Defendant will suffer undue 

prejudice by a stay of the Judgment. As such, the Court GRANTS Plaintiff’s Application for 

Approval of Surety and Stay Enforcement of Judgment (ECF No. 63), pending the Ninth 

Circuit’s ruling on the merits of Plaintiff’s appeal.

IT IS SO ORDERED. 

DATED this 19th day of December, 2017. 

 

STACIE F. BECKERMAN 

United States Magistrate Judge 

Case 3:15-cv-00866-SB Document 65 Filed 12/19/17 Page 2 of 2
Exhibit 23.01





CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We hereby
consent to the incorporation by reference in the Registration Statements on Form
S-8 (No. 333-160994, No. 333-153151, No. 333-142199, No. 333-142202, No.
033-52387, No. 333-127223, No. 333-51418, No. 333-49392, No. 333-47194, No.
333-47665, No. 333-47667, No. 033-65932, No. 033-65930 and No. 033-28534) of
AllianceBernstein Holding L.P. of our report dated February 11, 2010 relating to
the financial statements and the effectiveness of internal control over
financial reporting, which appears in this Annual Report on Form
10-K.  We also consent to the incorporation by reference of our report
dated February 11, 2010 relating to the financial statement schedule, which
appears in this Form 10-K.














/s/ PricewaterhouseCoopers LLP


New York,
New York


February
11, 2010





CONSENT
OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM





We hereby
consent to the incorporation by reference in the Registration Statements on Form
S-3 (No. 333-64886) and Form S-8 (No. 333-47192) of AllianceBernstein L.P. of
our report dated February 11, 2010 relating to the financial statements and the
effectiveness of internal control over financial reporting, which appears in
this Annual Report on Form 10-K.  We also consent to the incorporation
by reference of our report dated February 11, 2010 relating to the financial
statement schedule, which appears in this Form 10-K.














/s/ PricewaterhouseCoopers LLP


New York,
New York


February
11, 2010
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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 Optical Cable Corporation (the Company) on Form 10-Q for the quarter ended April 30, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned
hereby certifies, 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 and
Exchange Act of 1934; and (2) the information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of the Company as of April 30, 2009, and for the period then ended.



|                    |  |  |  |                                                  
|------------------- |  |  |  | -------------------------------------------------
|Date: June 12, 2009 |  |  |  | /s/ Tracy G. Smith                               
|                    |  |  |  | Tracy G. Smith                                   
|                    |  |  |  | Senior Vice President and Chief Financial Officer
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GEORGINA MARTINEZ QUEZADA,

Petitioner,

v.

LORETTA E. LYNCH, Attorney General,

Respondent. No. 15

- 70874

Agency No. A095

- 773

- 678

MEMORANDUM *

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted July 26, 2016 **

Before: SCHROEDER, CANBY, and CALLAHAN, Circuit Judges.

Georgina Martinez Quezada, a native and citizen of Mexico, petitions pro se

for review of the Board of Immigration Appeals’ order dismissing her appeal from

an immigration judge’s decision denying relief . Our jurisdiction is governed by 8

U.S.C. § 1252. We dismiss in part and deny in part the petition for review.

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

AUG 2 2016

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 15

- 70874

We lack jurisdiction to review the agency’s discretionary denial of voluntary

departure

. See Gil v. Holder, 651 F.3d 1000, 1003 (9th Cir. 2011), overruled on

other grounds by Moncrieffe v. Holder, 133 S.Ct. 1678 (2013)

. Martinez

Quezada ’s contenti on that the agency did not con sider both positive and negative

factors in evaluating whether to grant voluntary departure lack s support in the

record and is not sufficiently colorable to invoke our jurisdiction. See Martinez

Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir. 2005) (absent a colorable legal or

constitutional claim, the court lacks jurisdiction to review discretionary

determination s (citation omitted)).

In light of the discretionary denial of voluntary departure , the agency did not

err in de clining to address Martinez Quezada ’ s statutor y eligibility for voluntary

departure

. See Simeonov v. Ashcroft, 371 F.3d 532, 538 (9th Cir. 2004).

PETITION FOR REVIEW DISMISSED in part; DENIED in part

.
(October 20, 1986)

#### The People of the State of New York, v Edgar De *342Grandmaison, Defendant.

Mahoney, P. J., Main, Mikoll, Yesawich, Jr., and Harvey, JJ., concur.
##### 



Exhibit 10.27
 FORM OF
 HEARUSA, INC.
STOCK UNIT AWARD AGREEMENT
(Time Vesting)   , 20___
 2007 Incentive Compensation Plan
 
    1. Grant of Stock Unit Awards.
 2. Incorporation of Plan
 3. Bookkeeping Account.




---



##### 



4. Terms and Conditions of Stock Unit Awards.
 (a)
    
    Vesting. ______ percent (___%) of the Stock Unit Awards granted to the Participant hereby
shall become vested as of [date], and the remaining ______ percent (___%) of the Stock Unit
Awards granted to the Participant hereby shall become vested as of [date].(b)
    
    Forfeiture Upon Termination of Service.Except as otherwise provided in (a) above, upon
cessation of the Participants employment with the Company for any reason before [date], the
number of shares of Stock Unit Awards subject to this Agreement that have not become vested
shall be forfeited, except as the Committee may otherwise determine in its sole discretion.
 5. Distribution of Common Stock.
 6. Source of Payment.
 7. Units Non-Transferable.
 8. Shareholder Rights
 9. Death Benefits.




---



##### 



10. Integration
 11. Governing Law
 12. Amendment.
 13. Participant Acknowledgment
 HEARUSA, Inc.By:Title:
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 188 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                 S. 188

To amend the Civil Rights Act of 1964 to make preferential treatment an 
         unlawful employment practice, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 22, 1997

   Mr. Helms introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL

 
To amend the Civil Rights Act of 1964 to make preferential treatment an 
         unlawful employment practice, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil Rights Restoration Act of 
1997''.

SEC. 2. PREFERENTIAL TREATMENT.

    (a) Unlawful Employment Practice.--Section 703(j) of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e-2(j)) is amended to read as 
follows:
    ``(j)(1) It shall be an unlawful employment practice for any entity 
that is an employer, employment agency, labor organization, or joint 
labor-management committee subject to this title to grant preferential 
treatment to any individual or group with respect to selection for, 
discharge from, compensation for, or the terms, conditions, or 
privileges of, employment or union membership, on the basis of the 
race, color, religion, sex, or national origin of such individual or 
group, for any purpose, except as provided in subsection (e) or 
paragraph (2).
    ``(2) It shall not be an unlawful employment practice for an entity 
described in paragraph (1) to recruit individuals of an 
underrepresented race, color, religion, sex, or national origin, to 
expand the applicant pool of the individuals seeking employment or 
union membership with the entity.''.
    (b) Construction.--Nothing in the amendment made by subsection (a) 
shall be construed to limit the authority of courts to remedy, under 
section 706(g) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(g)), 
intentional discrimination under title VII of such Act (42 U.S.C. 2000e 
et seq.).
                                 <all>
```
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