alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

AARON L. STRIBLING,

Plaintiff

- Appellant,

v.

BROCK, Psychologist, Salinas Valley State

Prison ; MAHAN, Psychologist, Salinas

Valley State Prison,

Defendants

- Appellees. No. 17

- 15698

D.C. No. 4:15

- cv

- 03336

- YGR

MEMORANDUM *

Appeal from the United States District Court

for the Northern District of California

Yvonne Gonzalez Rogers, District Judge, Presiding

Submitted November 15, 2017 **

Before: CANBY, TROTT, and GRABER, Circuit Judges.

California state prisoner Aaron L. Stribling appeals pro se from the district

court’s summary judgment in his 42 U.S.C. § 1983 action alleging deliberate

indifference to his serious medical needs. We hav e jurisdiction under 28 U.S.C.

* 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

NOV 20 2017

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 17

- 15698

§ 1291. We review de novo. Toguchi v. Chung , 391 F.3d 1051, 1056 (9th

Cir. 2004). We affirm.

The district court properly granted summary judgment on Stribling’s

deliberate indifference claim concerning his mental health tr eatment because

Stribling failed to raise a genuine dispute of material fact as to whether defendants

knew of and disregarded an excessive risk to his health. See id. at 1057

- 60 (prison

officials act with deliberate indifference only if they know of and d isregard an

excessive risk to an inmate’ s health ; a difference of opinion between a prisoner and

medical authorities regarding the appropriate course of treatment, negligence, or

medical malpractice do not amount to deliberate indifference).

We do not cons ider Stribling’s arguments concerning discovery issues in the

district court that were raised for the first time on appeal. See Padgett v. Wright

,

587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.
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26

Craig A. Crispin, OSB No. 82485

crispin@employmentlaw-nw.com

Shelley D. Russell, OSB No. 94068

shelley@employmentlaw-nw.com

CRISPIN EMPLOYMENT LAWYERS

1834 SW 58th Avenue, Suite 200

Portland, Oregon 97221

Telephone: 503-293-5770

Fax: 503-293-5766

Of Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

Portland Division

SUSAN DENISE MCPHEE, an individual,

Plaintiff,

v.

TÜV SÜD AMERICA, INC., a foreign

business corporation,

Defendant.

Case No. 3:15-cv-00421-ST

STIPULATION OF DISMISSAL

Pursuant to Fed.R.Civ.P. 41(a)(1)(A)(ii), as a result of the resolution of this matter, and

the stipulation of the parties hereto, by and through their respective attorneys, the above matter is

hereby dismissed, with prejudice and without costs to either party. 

 CRISPIN EMPLOYMENT LAWYERS

By: S/ Craig A. Crispin

 Craig A. Crispin, OSB No. 82485

 crispin@employmentlaw-nw.com

 Of Attorneys for Plaintiff

JACKSON LEWIS, PC

By:

 Mark A. Crabtree, OSB # 132027

 CrabtreeM@JacksonLewis.com

 Of Attorneys for Defendant

Page 1 – STIPULATION OF DISMISSAL CRISPIN EMPLOYMENT LAWYERS

1834 SW 58th Avenue, Suite 200

Portland, Oregon 97221-1455

Telephone: 503-293-5770

s/Mark A. Crabtree

Case 3:15-cv-00421-ST Document 18 Filed 12/16/15 Page 1 of 1
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<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             418,388
<INCOME-PRETAX>                              (852,596)
<INCOME-TAX>                                         0
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<CHANGES>                                            0
<NET-INCOME>                                 (852,596)
<EPS-PRIMARY>                                    (.59)
<EPS-DILUTED>                                    (.59)
        

</TABLE>
Document

              May 04, 2020


Multi Soft II, Inc.
4400 Biscayne Boulevard; 10th Floor
Miami, FL 33137


Re: Amendment No. 8 to Revolving Credit Promissory Note


Reference is made to the Revolving Credit Promissory Note (the “Revolver”) dated April 23, 2012 in consideration of the mutual agreements and covenants contained and other good and valuable consideration, the parties hereto agree to extend the Maturity Date of the Revolver to December 31, 2021 from December 31, 2020.


IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 8 to the Revolving Credit Promissory Note to be duly executed and attested, all as of the date first written above.


BORROWER:


MULTI SOFT II, INC., a Florida Corporation




By:   /s/ Robert M. Lundgren 
        Name: Robert M. Lundgren
         Director


LENDER:


VECTOR GROUP LTD., a Delaware Corporation




By:   /s/ Marc N. Bell  
        Name: Marc N. Bell
         Senior Vice President, General Counsel and Secretary
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Pursuant to Local Rule 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 Local Rule 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________

No. 95-20994 

Conference Calendar

__________________

JESUS HERNANDEZ,

 Plaintiff-Appellant,

versus

ROBERT LOSACK,

 Defendant-Appellee.

- - - - - - - - - -

Appeal from the United States District Court

for the Southern District of Texas

USDC No. CA-H-95-3358

- - - - - - - - - -

April 18, 1996

Before DUHÉ, DeMOSS, and DENNIS, Circuit Judges. 

PER CURIAM:*

This is an appeal from the district court's dismissal as

frivolous pursuant to 28 U.S.C. § 1915(d) of appellant's civil

rights complaint. He contends that he alleged more than mere

conclusional allegations in support of his retaliation claim and

that the district court thus erred by dismissing his complaint as

frivolous. We have reviewed the record and the district court's

order and find no reversible error. See Hernandez v. Losack, No.

CA-H-95-3358 (S.D. Tex. Nov. 13, 1995). Hernandez is WARNED that

the filing of frivolous appeals in the future will result in the

imposition of sanctions.
No. 95-20994

-2-

AFFIRMED; SANCTIONS WARNING ISSUED.
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<ARTICLE> 5
<CIK> 0000824481
<NAME> HICKORY HILLS, LTD.

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         180,308
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                       2,071,767
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               2,420,214
<CURRENT-LIABILITIES>                          110,122
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   4,396,277
<TOTAL-LIABILITY-AND-EQUITY>                 2,420,214
<SALES>                                        936,050
<TOTAL-REVENUES>                               283,851
<CGS>                                          587,687
<TOTAL-COSTS>                                  666,526
<OTHER-EXPENSES>                               461,590
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             350,228
<INCOME-PRETAX>                              (177,739)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          (177,739)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (177,739)
<EPS-PRIMARY>                                  (98.74)
<EPS-DILUTED>                                  (98.74)


</TABLE>
# C_2007063EN.01000701.xml

| 17.3.2007 | EN | Official Journal of the European Union | C 63/7 |
| --- | --- | --- | --- |

17.3.2007

EN

Official Journal of the European Union

C 63/7

---

Corrigendum to the publication of an application pursuant to Article 6(2) of Council Regulation (EC) No 510/2006 on the protection of geographical indications of origin for agricultural products and foodstuffs

(
  Official Journal of the European Union C 128 of 1 June 2006
  )

(
  Official Journal of the European Union C 128 of 1 June 2006

(2007/C 63/06)

On page 11, in the title and in point 4.1 ‘Name’:

for:

‘Exairetiko partheno elaiolado “Troizinia”’,

read:

‘Εξαιρετικό παρθένο ελαιόλαδο “Τροιζηνία ”(exeretiko partheno eleolado “Trizinia”)’.

On page 14, in point 4.8 ‘Labelling’:

for:

‘ΕΞΑΙΡΕΤΙΚΟ ΠΑΡΘΕΝΟ ΕΛΑΙΟΛΑΔΟ “ΤΡΟΙΖΗΝΙΑ”’,

read:

‘Εξαιρετικό παρθένο ελαιόλαδο “Τροιζηνία ”(exeretiko partheno eleolado “Trizinia”)’.

---
<PAGE>

                                                                      EXHIBIT 21

            SUBSIDIARIES OF EVEREST HEALTHCARE SERVICES CORPORATION



NAME OF SUBSIDIARY                                               JURISDICTION
------------------                                               ------------

Acute Extracorporeal Services, L.L.C.                              Delaware

Con-Med Supply Company, Inc.                                       Illinois

Continental Health Care, Ltd.                                      Illinois

Dialysis Services of Cincinnati, Inc.                              Ohio

Dialysis Specialists of Marietta, Ltd.                             Ohio

Dialysis Specialists of Northeast Ohio, Ltd.                       Ohio

Dialysis Specialists of Topeka, Inc.                               Kansas

Dialysis Specialists of Tulsa, Inc.                                Oklahoma

DuPage Dialysis Ltd.                                               Illinois

Everest Healthcare Indiana, Inc.                                   Indiana

Everest Healthcare Ohio, Inc.                                      Ohio

Everest Healthcare Texas Holding Corp.                             Delaware

Everest Healthcare Texas, L.P.                                     Delaware

Everest Management, Inc.                                           Delaware

Everest New York Holdings, Inc.                                    New York

Everest One IPA, Inc.                                              New York

Everest Two IPA, Inc.                                              New York

Everest Three IPA, Inc.                                            New York

Extracorporeal Alliance, L.L.C.                                    Delaware

Home Dialysis of America, Inc.                                     Arizona

Home Dialysis of Eastgate, Inc.                                    Ohio

Home Dialysis of Mt. Auburn, Inc.                                  Ohio

Mercy Dialysis Center, Inc.                                        Wisconsin

New York Dialysis Management, Inc.                                 New York

North Buckner Dialysis Center, Inc.                                Delaware

Northern New Jersey Dialysis, L.L.C.                               Delaware

Perfusion Resource Association, L.L.C.                             Delaware

Perfusion Support Services, L.L.C.                                 Delaware

Saint Margaret Mercy Dialysis Centers, L.L.C.                      Illinois

Terrell Dialysis Center, L.L.C.                                    Delaware

Tri-State Perfusion, L.L.C.                                        Delaware

WSKC Dialysis Services, Inc.                                       Illinois
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                            A **.gov** website belongs to an official government organization in the United States.
 **Secure .gov websites use HTTPS**
                            
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                            ) or **https://** means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.


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#### INTERSTATE STEAMBOAT CO. v. FIRST NAT. BANK OF SYRACUSE et al.

(Supreme Court, General Term, Second Department.

December 2, 1895.)

Action by the Interstate Steamboat Company against the First National Bank of Syracuse, Joseph A. Bradburn, and others.

No opinion. Order reversed, with 810 costs and disbursements. All concur.
Case: 1:03-cv-08766 Document #: 5 Filed: 03/03/04 Page 1 of 4 PageID #:34
Case: 1:03-cv-08766 Document #: 5 Filed: 03/03/04 Page 2 of 4 PageID #:35
Case: 1:03-cv-08766 Document #: 5 Filed: 03/03/04 Page 3 of 4 PageID #:36
Case: 1:03-cv-08766 Document #: 5 Filed: 03/03/04 Page 4 of 4 PageID #:37
<PAGE>


                                                                      EXHIBIT 23

                         Consent of Independent Auditors

We consent to the incorporation by reference in the Registration Statements on
Form S-8 No. 333-55154 pertaining to the ATS Medical, Inc. 2000 Stock Incentive
Plan, Form S-8 No. 333-49985 pertaining to the 1998 Employee Stock Purchase
Plan, Form S-8 No. 33-44940 and 333-49985 pertaining to the 1987 Stock Option
and Stock Award Plan of ATS Medical, Inc. (formerly Helix Biocore, Inc.), Form
S-3 No. 333-108150 pertaining to the registration of 4,400,000 shares of ATS
Medical, Inc., Form S-3 No. 333-43360 pertaining to the registration of
2,727,273 shares of ATS Medical, Inc. common stock, Form S-3 No. 333-39288
pertaining to the registration of 1,100,000 shares of ATS Medical, Inc. common
stock, Form S-3 No. 113-117331 pertaining to the registration of 3,687,183
shares of ATS Medical, Inc. common stock and Form S-8 No. 333-117332 pertaining
to the registration of 1,516,000 options of our report dated February 14, 2005,
with respect to the consolidated financial statements and schedule of ATS
Medical, Inc. included in the Annual Report (Form 10-K) for the year ended
December 31, 2004.


                                       /s/ Ernst & Young LLP

Minneapolis, Minnesota
March 11, 2005
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 96-6333
KEVIN D. THOMPSON, Plaintiff - Appellant, versus POWHATAN CORRECTIONAL CENTER, et al, Defendants - Appellees.
Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. James C. Cacheris, Chief District Judge. (CA-96-119) Submitted: June 20, 1996 Decided: July 1, 1996 Before HALL, WILKINS, and HAMILTON, Circuit Judges. Dismissed by unpublished per curiam opinion. Kevin D. Thompson, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Appellant appeals from the district court's order dismissing without prejudice his action entitled "Show Cause for a TemporaryRestraining Order." The district court's dismissal without prejudice is not appealable at this time, given the fact that Appellant could save his complaint through amendment. Domino Sugar Corp. v. Sugar Workers' Local Union 392 , 10 F.3d 1064 (4th Cir. 1993). This court may exercise jurisdiction only over final orders, 28 U.S.C. § 1291 (1988), and certain interlocutory and collateral orders, 28U.S.C. § 1292 (1992) (1988); Fed. R. Civ. P. 54(b); Cohen v. Beneficial Indus. Loan Corp. , 337 U.S. 541 (1949). The order here appealed is neither a final order nor an appealable interlocutory order. We dismiss the appeal as interlocutory. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
#### ELTING, Respondent, v. HOMER, Appellant.

(Supreme Court, General Term, Third Department.

December 3, 1895.)

Action by Richard Biting against Annie E. Homer.

No opinion. Order affirmed, with costs and disbursements.
#### In the Matter of Fidel R. Gallegos, Appellant, v Charles Scully, Respondent.

— In a proceeding pursuant to CPLR article 78 to review a determination of the respondent finding the petitioner guilty of violations of certain inmate behavior rules, the petitioner appeals from a judgment of the Supreme Court, Dutchess County (Donovan, J.), dated April 12, 1985, which dismissed the proceeding on the merits.

Ordered that the judgment is affirmed, without costs or disbursements.

There was substantial evidence in the record to support the determination. Further, the petitioner was accorded all of the procedural rights to which he was entitled. Mollen, P. J., Bracken, Lawrence and Hooper, JJ., concur.
<PAGE>
Exhibit 32.1

                                  CERTIFICATION

I, Michael D. Dale, Chief Executive Officer of ATS Medical, Inc., certify,
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section
1350, that:

The Annual Report on Form 10-K of the Company for the year ended December 31,
2005 (the "Report") fully complies with the requirements of Section 13(a) of the
Securities and Exchange Act of 1934 (15 U.S.C. 78m); and

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

Date: March 7, 2006


/s/ Michael D. Dale
------------------------------------
Name: Michael D. Dale
Title: Chief Executive Officer


                                        4