alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### UNITED STATES of America v. John J. RIGAS; Timothy J. Rigas, Appellants.

No. 08-3218.

United States Court of Appeals, Third Circuit.

Jan. 13, 2010.

George J. Rocktashel, Esq., Office of United States Attorney, Williamsport, PA, for United States of America.

Matthew P. Faranda-Diedrich, Esq., Lawrence G. McMichael, Esq., Patrick M. Northen, Esq., Dilworth Paxson, Philadelphia, PA, Joseph U. Metz, Esq., Dilworth Paxson, Harrisburg, PA, for Appellants.

Present: SCIRICA, Chief Judge, McKEE, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, HARDIMAN, and ROTH, Circuit Judges.

ORDER

ANTHONY J. SCIRICA, Chief Judge.

Upon consideration of the petition for rehearing filed by Appellee the United States of America and the answer filed by Appellants John J. Rigas and Timothy Rigas, it is hereby ORDERED that the petition for rehearing en banc is granted on the sole issue of whether the two clauses in 18 U.S.C. § 371 — the “offense” clause and the “defraud” clause — constitute separate offenses under the Double Jeopardy Clause of the United States Constitution.

The Clerk of this Court shall list the appeal for rehearing en banc on Wednesday, February 17, 2010, at 10:00 a.m. Additional briefing in this matter is not required. The parties are directed to file an additional 25 copies of the briefs which were previously filed with the Clerk within 14 days from the date of this order.
Glen Canyon Dam Technical Work Group 

Agenda Item Information 

March 16-17, 2009

Bureau of Reclamation FY 08 Carryover and FY 09 Underfunding Reallocation

The FY 09 budget recommended by AMWG contained an estimated consumer price index increase 

of 3%. The actual CPI was 4.9%. Therefore the budget was underfunded with respect to funds actually 

available. The amount of underfunding of the budget was $87,804. In addition, there was carryover of 

$55,175, the majority of which came from unexpended Long-term Experimental Plan compliance funding. 

The LTEP effort was funded equally out of Bureau of Reclamation appropriated funds and power revenues. 

When the carryover funds and the underfunded amount were combined, they totaled $142,979. 

Reclamation’s proposal for reallocation of funds is shown in the accompanying table. The $55,175 in 

carryover funds are proposed to be used for a non-native fish control contingency fund. In addition, $48,483 

of the FY 09 underfunding is proposed to be added to this fund, making a total of $103,658 available for this 

fund. The purpose of this fund is to supplement the ongoing mainstem non-native control effort, if it 

becomes necessary to add greater effort to achieve the desired level of control, or, if not needed for that 

effort, to be available through carryover to be used for unforeseen increases of either coldwater or 

warmwater non-native fish in the future. 

Other proposed changes to Reclamation’s FY 09 budget include the addition of $10,000 to AMWG 

and TWG related personnel costs, and a $5,000 addition to Contract Administration, all in excess of the CPI 

differential. These three line items were overexpended in 2008 by a total of $47,885. The total increase of 

$25,000 is a 9.2% increase in those line items. 

Bureau of Reclamation FY 08 Carryover and FY 09 CPI Adjustments 

 

FY08 Carryover FY 09 CPI Underfunding Row Totals 

AMWG Expenses -$12,955 AMWG Expenses $5,237 -$7,718 

TWG Expenses -$436 TWG Expenses $2,621 $2,185 

Other $66,853 Other $264,157 $331,010 

Programmatic Agreement $1,713 Programmatic Agreement -$184,211 -$182,498 

Available Funds for Reallocation 

Column Totals $55,175 $87,804 $142,979 

 

Proposed Reallocation of Funds 

FY08 Carryover FY 09 CPI Underfunding 

 

AMWG Expenses $15,237 $15,237 

 TWG Expenses $12,621 $12,621 

Other Other $10,374 $10,374 

 Non-native Fish Contingency $55,175 Non-native Fish Contingency $48,483 $103,658 

Programmatic Agreement $1,089 $1,089 

 

Column Totals $55,175 $87,804 $142,979
<TABLE> <S> <C>
                                                             
                                                                   
<ARTICLE>      5                                                     
<CIK>          0001000375
<NAME>         ESSEX HOSPITALITY ASSOCIATES IV L.P.
<MULTIPLIER>   1,000
                                                                   
<S>                             <C>                                
<PERIOD-TYPE>                                          OTHER
<FISCAL-YEAR-END>                                DEC-31-1998
<PERIOD-END>                                     MAR-31-1998     
<CASH>                                                   415                                           
<SECURITIES>                                               0
<RECEIVABLES>                                              0
<ALLOWANCES>                                               0
<INVENTORY>                                                0
<CURRENT-ASSETS>                                           0
<FN>
<F1>                         UNCLASSIFIED BALANCE SHEET USED
</FN>
<PP&E>                                                 9,161
<DEPRECIATION>                                           272
<TOTAL-ASSETS>                                        11,193        
<CURRENT-LIABILITIES>                                  1,086  
<BONDS>                                                9,913
<COMMON>                                                   0
<PREFERRED-MANDATORY>                                      0
<PREFERRED>                                                0
<OTHER-SE>                                               193   
<FN>
<F2>                             EQUITY IS PARTNERS' CAPITAL
</FN>
<TOTAL-LIABILITY-AND-EQUITY>                          11,193
<SALES>                                                  496
<TOTAL-REVENUES>                                         532
<CGS>                                                      0
<TOTAL-COSTS>                                              0
<OTHER-EXPENSES>                                         513
<LOSS-PROVISION>                                           0 
<INTEREST-EXPENSE>                                       187
<INCOME-PRETAX>                                         (167) 
<INCOME-TAX>                                               0
<INCOME-CONTINUING>                                     (167) 
<DISCONTINUED>                                             0
<EXTRAORDINARY>                                            0
<CHANGES>                                                  0
<NET-INCOME>                                            (167) 
<EPS-PRIMARY>                                            (56)   
<EPS-DILUTED>                                            (56)
<FN>
<F3>                     ENTITY IS A PARTNERSHIP, EPS IS
                         LOSS PER LIMITED PARTNERSHIP UNIT
</FN>
                                                     
                                                     

</TABLE>
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

SEAN L. HARTFIELD, No. 3:16-cv-00068-ST

Plaintiff, 

v.

OREGON STATE BAR, and Unknown ORDER

Individuals (J. Does Nos. 1-10), 

Defendants. 

HERNANDEZ, District Judge:

Magistrate Judge Stewart issued a Findings & Recommendation (#5) on January 15,

2016, in which she recommends the Court dismiss this action with prejudice for lack of subject

matter jurisdiction. Plaintiff has timely filed objections to the Findings & Recommendation. 

The matter is now before me pursuant to 28 U.S.C. § 636(b)(1) 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

1 - ORDER

Case 3:16-cv-00068-ST Document 12 Filed 02/16/16 Page 1 of 2
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 Stewart's Findings & Recommendation [5], and

therefore, this action is dismissed with prejudice for lack of subject matter jurisdiction. 

IT IS SO ORDERED.

DATED this day of , 2016. 

 

MARCO A. HERNANDEZ

United States District Judge

2 - ORDER

Case 3:16-cv-00068-ST Document 12 Filed 02/16/16 Page 2 of 2
##### 



Exhibit 32.2
 Visual Networks, Inc.
 Written Statement of Chief Financial Officer
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
  (a)
    
    the Quarterly Report on Form 10-Q of the Company for the quarter ended June 30,
2005 filed on the date hereof with the Securities and Exchange Commission (the Report)
fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange
Act of 1934; and(b)
    
    information contained in the Report fairly presents, in all material respects, the
financial condition and results of operations of the Company.
Case 6:15-cv-02266-MC Document 24-1 Filed 06/21117 Page 1 of 1 

Kathryn T assi na-i, OSB # 80115 

Ma-k A. Manning, OSB # 00311 

HARDER, WELLS, BARON & MANNING, P.C. 

474 Willanette Street 

Eugene, OR 97 401 

(541) 686-1969 

kathrynt50@comcast.net 

Of Attorneys for the Plaintiff 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

JAMI EM. HOLLY, 

Plaintiff, 

vs. 

COMMISSIONER, 

Socia Socurity Administration, 

Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Case No. 6: 15-cv-02266-M C 

ORDER FOR PAYMENT OF A TIORNEY 

FEES PURSUANT TO EAJA 

Based upon the Stipulation of the parties, it is hereby ORDERED that attorney fees in the 

amount of $5,273.55 a-e hereby avva-ded to Plaintiff, pursuant to the Equal Acc:ess to Justice Act 

(EAJA), 28 U.S.C. § 2412. Payment of this avvard shal be pad via check mcde payable to 

Plaintiff and mailed to Plaintiff's attorneys at Harder, Wells, Baron & Manning, P.C., 474 

Willamette Street, Eugene, Oregon 97401. Pursuant to Ast.rue v. Ratliff, the avvard shall be rra:le 

payable to Plaintiff's attorney, Kathryn Tassina-i, if the commissioner confirms that Plaintiff 

OW€!3 no debt to the government through the federal treasury off set program. There are no costs 

or expenses to be paid herein. 

Dated this 1.2.. _day of June 2017. 

PRESENTED BY: ~ Kathryn Tassinari 

Ha-der, Wells, Ba-on & Manning, P.C. 

Of Attorneys for Plaintiff 

\. I '-·L .. 

U.S. District Judge'Maaistrate
**EXHIBIT 32(a)**

 

**Assisted Housing Fund  L.P. I**

**Certification of the President ofthe General Partner**

 

Pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, Robert K.Stump, the President of Murphey Favre Properties, Inc., General Partner of  Assisted Housing Fund L.P. I,  does hereby certify that this report on Form10-K fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934 and that the information contained in thisreport fairly presents, in all material respects, the financial condition andthe results of operations of the Investor Partnership.

 

 
| By:    | Murphey Favre Properties,  Inc. |   |
|--------|---------------------------------|--------|
|   | *General Partner*               |   |
|   |                            |   |
|   |                            |   |
| By:    | /s/ Robert K.  Stump       |   | Date: | March 30, 2004 |   |
|   | Robert K.  Stump           |   |
|   | *President*                     |   |
|        |                                 |        |  |  |  |

 

----
# L_2009202EN.01008201.xml

| 4.8.2009 | EN | Official Journal of the European Union | L 202/82 |
| --- | --- | --- | --- |

4.8.2009

EN

Official Journal of the European Union

L 202/82

---

POLITICAL AND SECURITY COMMITTEE DECISION EUJUST LEX/1/2009

of 3 July 2009

appointing the Head of Mission for the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX

(2009/596/CFSP)

THE POLITICAL AND SECURITY COMMITTEE,

Having regard to the Treaty on European Union, and in particular the third paragraph of Article 25 thereof,

Having regard to Council Joint Action 2009/475/CFSP of 11 June 2009 on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX (1), and in particular Article 9(2) thereof,

Whereas:

| (1) | On 11 June 2009, the Council adopted Joint Action 2009/475/CFSP on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX. That Joint Action expires on 30 June 2010. |
| --- | --- |

(1)

On 11 June 2009, the Council adopted Joint Action 2009/475/CFSP on the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX. That Joint Action expires on 30 June 2010.

| (2) | Article 9(2) of Joint Action 2009/475/CFSP authorises the Political and Security Committee to take decisions regarding the appointment of the Head of Mission. |
| --- | --- |

(2)

Article 9(2) of Joint Action 2009/475/CFSP authorises the Political and Security Committee to take decisions regarding the appointment of the Head of Mission.

| (3) | Mr Stephen WHITE should be appointed as Head of Mission of EUJUST LEX until 31 December 2009, |
| --- | --- |

(3)

Mr Stephen WHITE should be appointed as Head of Mission of EUJUST LEX until 31 December 2009,

HAS DECIDED AS FOLLOWS:

Article 1

Mr Stephen WHITE is hereby appointed as Head of Mission of the European Union Integrated Rule of Law Mission for Iraq, EUJUST LEX, with effect from 1 July 2009.

Article 2

This Decision shall take effect on the day of its adoption.

It shall apply until 31 December 2009.

Done at Brussels, 3 July 2009.

For the Political and Security Committee

The President

O. SKOOG

---

(1)  
  OJ L 156, 19.6.2009, p. 57.

1

---
#### IRWIN, Respondent, v. HAINES, appellant.

(City Court of New York, General Term.

October, 1895.)

Action by Richard T. Irwin against Marcia A. Haines.

D. M. Neuberger, for appellant.

J. B. Hands, for respondent.

CONLAN, J.

Appeal from an order opening a default. Order affirmed, with costs. See Smith v. Fogarty, 6 Civ. Proc. R. 366. FITZSIMONS, J., concurs.
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# L_2009109EN.01004001.xml

| 30.4.2009 | EN | Official Journal of the European Union | L 109/40 |
| --- | --- | --- | --- |

30.4.2009

EN

Official Journal of the European Union

L 109/40

---

COUNCIL DECISION

of 23 April 2009

appointing one German member of the Committee of the Regions

(2009/352/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,

Having regard to the proposal of the German Government,

Whereas:

| (1) | On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1). |
| --- | --- |

(1)

On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

| (2) | A member’s seat on the Committee of the Regions has become vacant following the expiry of the mandate of Mr Volker HOFF, |
| --- | --- |

(2)

A member’s seat on the Committee of the Regions has become vacant following the expiry of the mandate of Mr Volker HOFF,

HAS DECIDED AS FOLLOWS:

Article 1

The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:

Ms Nicola BEER, Staatssekretärin für Europa, Hessisches Ministerium der Justiz, für Integration und Europa.

Article 2

This Decision shall take effect on the day of its adoption.

Done at Luxembourg, 23 April 2009.

For the Council

The President

P. GANDALOVIČ

---

(1)  
  OJ L 56, 25.2.2006, p. 75.

1

---
Technical Work Group

February 13, 2001

Phoenix, Arizona

Presiding: Rick Johnson, Chairperson

Committee Members Present:

Cliff Barrett, UAMPS Pamela Hyde, Southwest Rivers

Robert Begay, Navajo Nation Matt Kaplinski, GCRG

Perri Benemelis, ADWR Robert King, UDWR

Kerry Christensen, Hualapai Tribe Phillip S. Lehr, Colo. River Comm./NV

Dave Cohen, Trout Unlimited Don Metz, USFWS

Wayne Cook, UCRC Bill Persons, AGFD

Jonathan Damp, Pueblo of Zuni Randall Peterson, USBR

William Davis, CREDA Nikolai Ramsey, GCT

Kurt Dongoske, The Hopi Tribe D. Randolph Seaholm, CWCB

Brenda Drye, So. Paiute Consortium John Shields, WY State Engineers Ofc.

Amy Heuslein, BIA

Nancy Hornewer, USGS

Committee Members Absent:

Christopher Harris, CRBC S. Clayton Palmer, WAPA

Norm Henderson, GLCA Robert Winfree, GRCA

Alternates Present:

Gary Burton S. Clayton Palmer, WAPA

Janet Balsom Robert Winfree, GRCA

Other Interested Persons Present:

Mary Barger, WAPA Linda Jalbert, GRCA

Paul Barrett, USFWS Dennis Kubly, USBR

Nancy Coulam, USBR Lisa Leap, GRCA

Denny Fenn, USGS Tom Lincoln, USBR-Denver

Andrew Gilmore, USBR Mary Orton, The Mary Orton Company

Barry Gold, USGS Jim Ruane, REMI

Susan Hueftle, GCMRC Bill Vernieu, GCMRC

Loretta Jackson, Hualapai Tribe
Technical Work Group

February 14, 2001

Phoenix, Arizona

Presiding: Rick Johnson, Chairperson

Committee Members Present:

Cliff Barrett, UAMPS Pamela Hyde, Southwest Rivers

Robert Begay, Navajo Nation Matt Kaplinski, GCRG

Perri Benemelis, ADWR Robert King, UDWR

Kerry Christensen, Hualapai Tribe Phillip S. Lehr, Colo. River Comm./NV

Dave Cohen, Trout Unlimited Don Metz, USFWS

Wayne Cook, UCRC Bill Persons, AGFD

Jonathan Damp, Pueblo of Zuni Randall Peterson, USBR

William Davis, CREDA Nikolai Ramsey, GCT

Kurt Dongoske, The Hopi Tribe D. Randolph Seaholm, CWCB

Brenda Drye, So. Paiute Consortium John Shields, WY State Engineers Ofc.

Amy Heuslein, BIA

Nancy Hornewer, USGS

Committee Members Absent:

Christopher Harris, CRBC S. Clayton Palmer, WAPA

Norm Henderson, GLCA Robert Winfree, GRCA

Alternates Present:

Gary Burton S. Clayton Palmer, WAPA

Janet Balsom Robert Winfree, GRCA

Other Interested Persons Present:

Mary Barger, WAPA Linda Jalbert, GRCA

Paul Barrett, USFWS Dennis Kubly, USBR

Nancy Coulam, USBR Lisa Leap, GRCA

Andrew Gilmore, USBR Tom Lincoln, USBR-Denver

Loretta Jackson, Hualapai Tribe Barbara Ralston, GCMRC
Kathryn Tassinari, OSB # 80115 

Brent Wells, OSB # 85403 

HARDER, WELLS, BARON & MANNING, P.C. 

474 Willamette Street 

Eugene, OR 97401 

( 541) 686-1969 

kathrynt50@comcast.net 

Of Attorneys for the Plaintiff 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

DIANA F. MENCHACA, ) 

Plaintiff, 

vs. 

COMMISSIONER, 

Social Security Administration , 

) 

) 

) 

) 

) 

) 

) 

) 

~~~~~ Defendant. ~~~~~~ ) 

Case No. 6:15-cv-01470-HZ 

ORDERFORPAYMENTOFATTORNEY 

FEES PURSUANT TO EAJA 

Based upon the Stipulation of the parties, it is hereby ORDERED that attorney fees in the 

amount of $4,874.51 are hereby awarded to Plaintiff, pursuant to the Equal Access to Justice Act 

(EAJA), 28 U.S .C. § 2412. Payment of this award shall be paid via check made payable to 

Plaintiff and mailed to Plaintiff's attorneys at Harder, Wells, Baron & Manning, P.C., 474 

Willamette Street, Eugene, Oregon 97401. Pursuant to Astrue v. Ratliff, the award shall be made 

payable to Plaintiff's attorney if the commissioner confirms that Plaintiff owes no debt to the 

government through the federal treasury offset program. There are no costs or expenses to be 

paid herein. 

Dated this 

PRESENTED BY: 

s/ Kathryn Tassinari 

d ?" day ofJanuary 2017. 

Harder, Wells, Baron & Manning, P.C. 

Of Attorneys for Plaintiff 

U.S. District Judge/Magistrate 

Case 6:15-cv-01470-HZ Document 22 Filed 01/25/17 Page 1 of 1