alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Wajeer SINGH, Petitioner, v. Alberto R. GONZALES, Attorney General, Respondent.

No. 05-71270.

United States Court of Appeals, Ninth Circuit.

Submitted March 12, 2007 *.

Filed April 6, 2007.

Jeremy R. Forst, Esq., Los Angeles, CA, for Petitioner.

Ronald E. LeFevre, Chief Counsel, Office of the District Counsel, Department of Homeland Security, Edward A. Olsen, Esq., USSF-Office of the U.S. Attorney, San Francisco, CA, for Respondent.

Before: KOZINSKI, LEAYY and BYBEE, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM**

The IJ found petitioner not credible because, among other things, petitioner testified inconsistently with respect to the sequence of key events in his persecution story. The record does not compel a contrary conclusion, and we have repeatedly upheld an IJ’s adverse credibility finding based on inconsistencies in the details of a petitioner’s persecution story. See, *e.g., Chebchoub v. INS,*257 F.3d 1038, 1043 (9th Cir.2001) (inconsistent number of times petitioner was arrested); *Singh-Kaur v. INS,*183 F.3d 1147, 1151 (9th Cir.1999) (“different versions of how the *680names of the police officers came to the attention of the superintendent of police”).

The IJ granted voluntary departure for a 60-day period, and the BIA changed the voluntary departure period to 30 days. But, “because the BIA issued a streamlined order, it was required to affirm the entirety of the IJ’s decision, including the length of the voluntary departure period.” *Padilla-Padilla v. Gonzales,*463 F.3d 972, 981 (9th Cir.2006). We therefore remand to the agency for further proceedings regarding voluntary departure.

DENIED in part, GRANTED in part and REMANDED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
#### Golda Leichter, Respondent, et al., Plaintiff, v Gladys Cohen, Appellant, et al., Defendants.

*711While the court has "wide discretion to decide whether information sought is 'material and necessary’ to the * * * defense of an action * * * that discretion is not unlimited” *(Allen v Crowell-Collier Pub. Co.,*21 NY2d 403, 406). By bringing this action and affirmatively placing her physical and mental condition in issue, the plaintiff Golda Leichter (hereinafter the plaintiff) waived the doctor-patient privilege *(see, Koump v Smith,*25 NY2d 287, 295; *Prink v Rockefeller Center,*48 NY2d 309; CPLR 3121 [a]). Accordingly, the defendant Gladys Cohen (hereinafter the defendant) was entitled to the records of specified hospitals and doctors "relating to” the plaintiff’s mental and physical condition *(see,*CPLR 3121 [a]). The plaintiff claimed that she suffered psychological injuries arising from an automobile accident on December 27, 1981, and that several months later she underwent a radical mastectomy. From her deposition, it appears that the plaintiff developed some psychological problems from that operation. After the accident, the plaintiff also suffered heart palpitations and was treated by Doctors Cohen and Silver.

Although the plaintiff may not be claiming that her heart condition and mastectomy are related to the accident, nevertheless, taking into consideration the temporal proximity of these incidents, there may be a causal interrelationship with the psychological injuries alleged. The defendant would have the right to discover the extent of the physical and psychological injuries which resulted from the automobile accident, as distinguished from the plaintiff’s other postaccident medical conditions. Accordingly, the medical records sought by the defendant relate to the plaintiff’s mental and physical condition and the defendant was entitled to their disclosure. Thompson, J. P., Niehoff, Rubin and Spatt, JJ., concur.
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     Financial Data Schedule for the Third Quarter 1997
</LEGEND>
<CIK>                                          0001000779
<NAME>                         Consolidated Delivery & Logistics, Inc.
<MULTIPLIER>                                   1,000
<CURRENCY>                                     $1.00
       
<S>                                            <C>
<PERIOD-TYPE>                                  9-MOS
<FISCAL-YEAR-END>                              Dec-31-1997
<PERIOD-START>                                 Jan-01-1997
<PERIOD-END>                                   Sep-30-1997
<EXCHANGE-RATE>                                     $1.00
<CASH>                                           1,270
<SECURITIES>                                         0
<RECEIVABLES>                                   23,709
<ALLOWANCES>                                    (1,361)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                28,426
<PP&E>                                          13,122
<DEPRECIATION>                                  (7,173)
<TOTAL-ASSETS>                                  38,375
<CURRENT-LIABILITIES>                           24,941
<BONDS>                                          2,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             7
<OTHER-SE>                                       8,505
<TOTAL-LIABILITY-AND-EQUITY>                    38,375
<SALES>                                              0
<TOTAL-REVENUES>                               126,368
<CGS>                                                0
<TOTAL-COSTS>                                   96,758
<OTHER-EXPENSES>                                19,943
<LOSS-PROVISION>                                   862
<INTEREST-EXPENSE>                                 836
<INCOME-PRETAX>                                  1,390
<INCOME-TAX>                                       556
<INCOME-CONTINUING>                                834
<DISCONTINUED>                                    (452)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       382
<EPS-PRIMARY>                                         .06
<EPS-DILUTED>                                         .06
        



</TABLE>
August 9, 2016

JUDGMENT

The Fourteenth Court of Appeals

ALBERT JAMES BROADNAX, Appellant

NO. 14-15-00599-CR V.

THE STATE OF TEXAS, Appellee

________________________________

This cause was heard on the transcript of the record of the court below. 

Having considered the record, this Court holds that there was no error in the 

judgment. The Court orders the judgment AFFIRMED.

We further order appellant pay all costs expended in the appeal.

We further order this decision certified below for observance.
# L_2010196DE.01002701.xml

| 28.7.2010 | DE | Amtsblatt der Europäischen Union | L 196/27 |
| --- | --- | --- | --- |

28.7.2010

DE

Amtsblatt der Europäischen Union

L 196/27

---

Berichtigung der Verordnung (EG) Nr. 966/2009 der Kommission vom 15. Oktober 2009 zur Änderung der Verordnung (EG) Nr. 657/2008 mit Durchführungsvorschriften zur Verordnung (EG) Nr. 1234/2007 des Rates hinsichtlich der Gewährung einer Gemeinschaftsbeihilfe für die Abgabe von Milch und bestimmten Milcherzeugnissen an Schüler in Schulen

(
  Amtsblatt der Europäischen Union L 271 vom 16. Oktober 2009
  )

Amtsblatt der Europäischen Union L 271 vom 16. Oktober 2009

Seite 11, Anhang, Kategorie II:

anstatt:

„Fermentierte Milcherzeugnisse, auch aromatisiert, mit Früchten (4), mit einem Gewichtsanteil von mindestens 75 % Milch der Kategorie I Buchstabe a und einem Zusatz von höchstens 7 % Zucker (5) und/oder Honig.“

muss es heißen:

„Fermentierte und nicht fermentierte Milcherzeugnisse, auch aromatisiert, mit Früchten (4), mit einem Gewichtsanteil von mindestens 75 % Milch der Kategorie I Buchstabe a und einem Zusatz von höchstens 7 % Zucker (5) und/oder Honig.“

---
Order entered December 29, 2015

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-15-01006-CV

IN RE THE GUARDIANSHIP OF SYDNEY AYN LAROE, 

AN INCAPACITATED PERSON

On Appeal from the Probate Court No. 1

Dallas County, Texas

Trial Court Cause No. PR-09-3185-1

ORDER

We GRANT appellant’s December 21, 2015 unopposed second motion for an extension 

of time to file a brief. Appellant shall file a brief by JANUARY 4, 2016.

/s/ ELIZABETH LANG-MIERS 

JUSTICE
# C_2009038EN.01000901.xml

| 17.2.2009 | EN | Official Journal of the European Union | C 38/9 |
| --- | --- | --- | --- |

17.2.2009

EN

Official Journal of the European Union

C 38/9

---

Non-opposition to a notified concentration

(Case COMP/M.5228 — Rabobank/BGZ)

(Text with EEA relevance)

(2009/C 38/06)

On 11 February 2009, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

from the Europa competition website (http://ec.europa.eu/comm/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website under document number 32009M5228. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu). |
| --- | --- |

—

in electronic form on the EUR-Lex website under document number 32009M5228. EUR-Lex is the on-line access to European law (http://eur-lex.europa.eu).

---
<PAGE>



Exhibit 99.1

                                CERTIFICATION (1)


Pursuant to Section 906 of the Public Company Accounting Reform and Investor
Protection Act of 2002 (18 U.S.C. ss. 1350, as adopted), Robert Portman, Chief
Executive Officer and President of PacificHealth Laboratories, Inc. (the
"Company"), and Stephen P. Kuchen, Chief Financial Officer of the Company, each
hereby certifies that, to the best of his knowledge:

     1. The Company's Quarterly Report on Form 10-QSB for the period ended March
31, 2003, and to which this Certification is attached as Exhibit 99.1 (the
"Periodic Report") fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and

     2. The information contained in the Periodic Report fairly presents, in all
material respects, the financial condition of the Company at the end of the
period covered by the Periodic Report and results of operations of the Company
for the period covered by the Periodic Report.


DATE: May 15, 2003

      By:  ROBERT PORTMAN
         ---------------------------------------
         Robert Portman, Chief Executive Officer
         (Principal Executive Officer)



DATE: May 15, 2003

       By:  STEPHEN P. KUCHEN
         ------------------------------------------
         Stephen P. Kuchen, Chief Financial Officer
          (Principal Financial and Accounting Officer)

__________________________________________________________________________

(1) THIS CERTIFICATION ACCOMPANIES THIS REPORT PURSUANT TO SS. 906 OF THE
SARBANES-OXLEY ACT OF 2002 AND SHALL NOT BE DEEMED "FILED" BY THE COMPANY FOR
PURPOSES OF SECTION 18 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED.










                                       14
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

THEO BURDETTE, 

Plaintiff, 

v. 

CAROLYN W. COLVIN, et al., 

Defendants. 

Aiken, Chief Judge: 

Case No. 6:15-cv-0840-TC 

ORDER 

Magistrate Judge Coffin issued his Findings and Recommendation 

in the above-captioned action on October 7, 2015. Magistrate Judge 

Coffin recommends that plaintiff's complaint be dismissed for lack 

of jurisdiction. The matter is now before me. See 28 U.S. C. § 

636 (b) (1) (B) and Fed. R. Civ. P. 72 (b). 

When either party objects to any portion of a magistrate 

judge's Findings and Recommendation, the district court must make 

a de novo determination of that portion of the magistrate judge's 

report. See 28 U.S.C. § 636(b) (1); McDonnell Douglas Corp. v. 

-1- ORDER 

Case 6:15-cv-00840-TC Document 28 Filed 12/19/15 Page 1 of 2
Commodore Business Machines, Inc., 656 F.2d 1309, 1313 (9th Cir. 

1981) . Plaintiff filed objections, and I have given de novo review 

of the Findings and Recommendation. However, I find no error. 

THEREFORE, IT IS HEREBY ORDERED that Magistrate Judge Coffin's 

Findings and Recommendation (doc. 21) filed October 7, 2015 is 

ADOPTED. Defendants' Motion to Dismiss (doc. 12) is GRANTED, and 

this case is DISMISSED. 

IT IS SO ORDERED. 

Dated this ~y of December, 2015. ---

United District Judge 

-2- ORDER 

Case 6:15-cv-00840-TC Document 28 Filed 12/19/15 Page 2 of 2
Exhibit 4.1(a)
ARTICLES OF INCORPORATION
OF
CALAVO GROWERS, INC.
ARTICLE I
The name of this corporation is Calavo Growers, Inc. (the “Corporation”).
ARTICLE II
The purpose of the Corporation is to engage in any lawful act or activity for which a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code.
ARTICLE III
The name and address in the State of California of the Corporation’s initial agent for service of process is: Egidio Carbone; 2530 Red Hill Avenue; Santa Ana, California 92705-5542.
ARTICLE IV
The Corporation is authorized to issue only one class of stock, which shall be designated common stock with a par value of $0.001 per share. The total number of shares that the Corporation is authorized to issue is One Hundred Million (100,000,000).
ARTICLE V
		(a)	The liability of the directors of the Corporation for monetary damages shall be eliminated to the fullest extent permissible under California law.

		(b)	The Corporation is authorized to provide indemnification of its agents (as such term is defined in Section 317 of the California Corporations Code), whether by bylaw, agreement, vote of shareholders or disinterested directors, or otherwise, to the fullest extent permissible under California law.

		(c)	Any amendment of this Article V shall not adversely affect any right or protection of an agent of the Corporation existing at the time of such amendment.


ARTICLE VI
Each of the following actions shall require the approval of at least seventy-five percent (75%) of the authorized number of directors that is set forth or established in accordance with the Corporation’s Bylaws:
		(a)	The issuance by the Corporation of any shares of stock or of any options, warrants or other rights to acquire shares of stock;

		(b)	The amendment of these Articles of Incorporation, provided, however, that any approval of the Corporation’s shareholders that is required by applicable law shall also be obtained in order for such amendment to be effective; or


​

1



		(c)	The adoption, amendment or repeal by the Corporation’s Board of Directors of any Bylaws, provided, however, that the Corporation’s shareholders shall also be entitled to adopt, amend or repeal Bylaws by the affirmative vote or written consent of a majority of the outstanding shares entitled to vote.


	​
	​
	/s/ MARC L. BROWN

	Dated: January 4, 2001
	​
	Marc L. Brown,

	​
	​
	Incorporator



​

2
**EXHIBIT 32.1**

 

**CERTIFICATION PURSUANT TO**

**SECTION 906 OF THESARBANES-OXLEY ACT OF 2002**

 

In connection with the filing ofthe Quarterly Report on Form 10-Q for the quarter ended June 30, 2004 (the“Report”) by META Group, Inc. (the “Company”), each of the undersigned herebycertifies that:

 

1.The Report fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as amended; and

 

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

 

 
|                   | /s/ Herbert L. VanHook                 |   |
|------------------------|----------------------------------------|--------|
|                   | Herbert L. VanHook                     |
|                   | President and Chief Operating  Officer |
|                   |                                   |
|                   | /s/ John W. Riley                      |   |
|                   | John W. Riley                          |
|                   | Vice President and                     |
|                   | Chief Financial Officer                |
|                   |                                   |
| Dated: August 13, 2004 |                                   |
|                        |                                        |        |  |

 

 

1

----
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE
     AUDITED FINANCIAL STATEMENTS CONTAINED IN THE COMPANY'S ANNUAL REPORT FILED
     ON FORM 10-KSB FOR THE FISCAL YEAR ENDED DECEMBER 31, 1996 AND IS QUALIFIED
     IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-START>                                 JAN-01-1996
<PERIOD-END>                                   DEC-31-1996
<CASH>                                            4,268,963
<SECURITIES>                                              0
<RECEIVABLES>                                             0
<ALLOWANCES>                                              0
<INVENTORY>                                               0
<CURRENT-ASSETS>                                  4,364,796
<PP&E>                                               11,620
<DEPRECIATION>                                       (2,044)
<TOTAL-ASSETS>                                    4,470,133
<CURRENT-LIABILITIES>                               117,759
<BONDS>                                                   0
<PREFERRED-MANDATORY>                                     0
<PREFERRED>                                               0
<COMMON>                                              9,567
<OTHER-SE>                                        4,342,807
<TOTAL-LIABILITY-AND-EQUITY>                      4,470,133
<SALES>                                                   0
<TOTAL-REVENUES>                                          0
<CGS>                                                     0
<TOTAL-COSTS>                                     1,040,233
<OTHER-EXPENSES>                                          0
<LOSS-PROVISION>                                          0
<INTEREST-EXPENSE>                                   62,520
<INCOME-PRETAX>                                  (1,052,684)
<INCOME-TAX>                                              0
<INCOME-CONTINUING>                                       0
<DISCONTINUED>                                            0
<EXTRAORDINARY>                                     250,000
<CHANGES>                                                 0
<NET-INCOME>                                     (1,302,684)
<EPS-PRIMARY>                                         (.16)
<EPS-DILUTED>                                         (.16)



</TABLE>
[Federal Register Volume 86, Number 165 (Monday, August 30, 2021)]
[Notices]
[Page 48422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18619]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 14797-001]


California Department of Water Resources; Notice of Waiver Period 
for Water Quality Certification Application

    On August 19, 2021, California Department of Water Resources 
submitted to the Federal Energy Regulatory Commission (Commission) a 
copy of their application for a Clean Water Act section 401(a)(1) water 
quality certification filed with the California State Water Resources 
Control Board (California Water Board), in conjunction with the above 
captioned project. Pursuant to 40 CFR 121.6, we hereby notify the 
California Water Board of the following:
    Date of Receipt of the Certification Request: August 19, 2021.
    Reasonable Period of Time to Act on the Certification Request: One 
year.
    Date Waiver Occurs for Failure to Act: August 19, 2022.
    If the California Water Board fails or refuses to act on the water 
quality certification request by the above waiver date, then the 
agency's certifying authority is deemed waived pursuant to section 
401(a)(1) of the Clean Water Act, 33 U.S.C. 1341(a)(1).

    Dated: August 24, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-18619 Filed 8-27-21; 8:45 am]
BILLING CODE 6717-01-P
#### QI LIN CHEN, Petitioner, v. Alberto GONZALES, Respondent.

No. 06-1506-ag.

United States Court of Appeals, Second Circuit.

July 16, 2007.

Robert J. Adinolfi, Louis *&*Adinolfi, New York, NY, for Petitioner.

Madelyn E. Johnson, Assistant United States Attorney, for Jeffrey A. Taylor, United States Attorney for the District of Columbia, Washington, DC, for Respondent.

PRESENT: Hon. DENNIS JACOBS, Chief Judge, Hon. RALPH K. WINTER, and Hon. REENA RAGGI, Circuit Judges.

*SUMMARY ORDER*

On May 15, 2007, this Court entered an order denying the government’s motion to remand and directing the government to submit further briefing. Due to a filing error, the May 15 order did not reflect the views of the panel, which had voted to remand to the BIA based on the government’s motion to remand and the government’s representation that petitioner’s counsel consented to such a remand. *See*Resp’t Mot. to Remand, 06-1506-ag, Mar. 6, 2007.

Accordingly, it is hereby ordered that this Court’s May 15, 2007 order is vacated, and that the case is remanded to the BIA on the consent of the parties.
EXHIBIT 99.1

                            CERTIFICATION PURSUANT TO
                               18 U.S.C. ss. 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


     In connection with the Quarterly Report of Mariculture  Systems,  Inc. (the
"Company") on Form  [10-Q/10-QSB]  for the period ending  September 30, 2002, as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"), I, David Meilahn, Chief Executive Officer (or the equivalent thereof)
of the Company,  certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge
and belief:

     (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 result of  operations of the
Company.


                        /s/  David Meilahn
                      ------------------------------------------
                      David Meilahn
                      Chief Executive Officer, (or the equivalent thereof)
                      November 14, 2002