alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Gary ERVIN, Plaintiff-Appellant, v. FARMERS INSURANCE EXCHANGE; et al., Defendants-Appellees.

No. 06-15357.

United States Court of Appeals, Ninth Circuit.

Submitted Feb. 20, 2007.*

Filed Feb. 27, 2007.

*652Gary Ervin, Fair Oaks, CA, pro se.

David B. Owen, Esq., Nemecek & Cole, Sherman Oaks, CA, for Defendants-Appellees.

Before: BEEZER, FERNANDEZ, and McKEOWN, Circuit Judges.

*

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

MEMORANDUM **

Gary Ervin appeals pro se from the district court’s judgment dismissing his action alleging a violation of the Americans with Disabilities Act, 42 U.S.C. § 12101*et seq.*and various state law causes of action. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim, *Sosa v. DIRECTV, Inc.,*437 F.3d 923, 927 (9th Cir.2006), and we affirm.

The district court correctly dismissed Ervin’s action for failure to state a claim because defendants, Ervin’s automobile insurance provider and its attorneys, were not “placets] of public accommodation” within the meaning of Title III of the ADA, 42 U.S.C. § 12182(a), when they represented him in a state court tort action. *See Weyer v. Twentieth Century Fox Film Corp.,*198 F.3d 1104, 1114 (9th Cir.2000) (noting that “public accommodations” listed under 42 U.S.C. § 12181(7) are all “actual, physical places” and holding that an insurance company who administered an employer’s disability plan is not a “place of public accommodation”).

The district court did not abuse its discretion in denying Ervin’s post-judgment motions. *See McQuillion v. Duncan,*342 F.3d 1012, 1014 (9th Cir.2003) (reviewing denial of a motion to reconsider for abuse of discretion).

Ervin’s remaining contentions lack merit.

We deny Appellees’ motion to dismiss, filed on December 19, 2006.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
# C_2021245EN.01000301.xml

| 24.6.2021 | EN | Official Journal of the European Union | C 245/3 |
| --- | --- | --- | --- |

24.6.2021

EN

Official Journal of the European Union

C 245/3

---

Non-opposition to a notified concentration

(Case M.10279 — TFS/Mitsui/MAF Colombia)

(Text with EEA relevance)

(2021/C 245/03)

On 18 June 2021, the Commission decided not to oppose the above notified concentration and to declare it compatible with the internal market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004 (1). 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:

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

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/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 (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10279. EUR-Lex is the online access to European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/homepage.html?locale=en) under document number 32021M10279. EUR-Lex is the online access to European law.

---

(1)  OJ L 24, 29.1.2004, p. 1.

---
EXHIBIT 11.0


                               SAVILLE SYSTEMS PLC
                                FORM 10-Q REPORT
                FOR THE QUARTERLY PERIOD ENDED SEPTEMBER 30, 1996


                    Calculation of Shares Used in Determining
                            Net Income Per Share (1)

(in thousands, except per share data)
<TABLE>

                                                     Three months ended                Nine months ended
                                                  Sept. 30         Sept. 30        Sept. 30         Sept. 30
                                                    1996             1995            1996             1995

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

                                                 (unaudited)      (unaudited)       (unaudited)     (unaudited)


<S>                                               <C>              <C>               <C>            <C>
Net income                                               $3,311         $1,054           $7,915          $4,981

Weighted average number of Ordinary equivalent shares:

     Ordinary shares                                     17,771         15,004           17,646          15,004
     Non-qualified share options (2)                      1,277            793            1,229             793
                                                         19,048         15,797           18,875          15,797



Net Income per Share                                      $0.17          $0.07            $0.42           $0.32


</TABLE>


(1) This  Exhibit  should be read in  connection  with "Net Income per share" in
Note 2 of the notes to the consolidated interim financial statements.

(2) Pursuant to the  requirements  of the  Securities  and Exchange  Commission,
Ordinary  Shares and share  equivalents  issued  during the twelve  month period
prior to the  Company's  initial  public  offering  have  been  included  in the
calculation  (using the treasury  stock method and the initial  public  offering
price) as if they were outstanding for all periods presented.
#### REILY, Respondent, v. POERSCHKE et al., Appellants.

(City Court of New York, General Term.

December 12, 1896.)

Action by Michael Reily against Edward R. Poerschke and others. Fromme Bros., for appellants. F. Schaeffer, for respondent.

No opinion. Judgment affirmed, with costs. See 36 N. Y. Supp. 1111.
Listen

# Civil Rights and Protections in the Federal Response to Hurricanes Maria and Harvey

The U.S. Commission on Civil Rights will hold a virtual briefing on June 25, 2021 on the civil rights implications of the federal response and impact of Hurricanes María in Puerto Rico and Harvey in Texas.

The Commission’s investigation seeks to examine compliance efforts with the Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) and other civil rights obligations in the response to natural disasters. The investigation will focus on the challenges faced by FEMA in providing aid, the lessons learned and how the federal government is developing best practices to address compliance with civil rights commitments when it comes to natural disaster response.

At this public briefing, the Commissioners will hear from subject matter experts such as government officials, volunteer organizations, non-governmental advocates and academics. The Commission will accept written materials from the public for consideration as we prepare our report; submit to FEMAbriefing@usccr.gov no later than July 26, 2021.

Friday, June 25, 2021 - 12:00 PM

Notice and Agenda

Briefing Agenda

Briefing Press Release

Briefing Press Release in Spanish

Transcript

Panelist Materials

Public Comments

Civil Rights and Protections During the Federal Response to Hurricanes Harvey and María

Advisory Memo on Government Response to Hurricane Disasters in Texas

David Bibo, Acting Assoc. Administrator, Response & Recovery, FEMA

Tony Robinson, Region 6 Administrator, FEMA

Glenn Sklar, Principal Deputy Inspector General, DHS OIG

Stephen Begg, Deputy Inspector General, HUD OIG

Chris Currie, Director, Homeland Security & Justice, USGAO

Tevi Troy, Author, BPC Senior Fellow, & Former HHS Deputy Secretary

Jo Linda Johnson, Director, Office of Equal Rights, FEMA

Juan Cartagena, President & General Counsel, LatinoJustice PRLDEF

Andrés Gallegos, Chairman, National Council on Disability

Nicole Roy, Project Coordinator, Salvation Army

Charley Willison, Postdoctoral Fellow, Harvard Medical School

Puerto Rico

Texas

June 25, 2021

October 25, 2021

-  Event Calendar 
-  Public Briefings 
-  Commission Business Meetings 
-  Advisory Committees Meetings 
-  Archives
```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2252 Received in Senate (RDS)]

114th CONGRESS
  1st Session
                                H. R. 2252

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 18, 2015

                                Received

_______________________________________________________________________

                                 AN ACT

 
   To clarify the effective date of certain provisions of the Border 
      Patrol Agent Pay Reform Act of 2014, 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. CLARIFICATION OF EFFECTIVE DATE OF CERTAIN PROVISIONS OF THE 
              BORDER PATROL AGENT PAY REFORM ACT OF 2014.

    (a) In General.--Section 2 of the Border Patrol Agent Pay Reform 
Act of 2014 (Public Law 113-277) is amended by adding at the end the 
following:
    ``(i) Effective Date.--Subsections (b), (c), (d), and (g), and the 
amendments made by such subsections, shall take effect on the first day 
of the first pay period beginning on or after January 1, 2016, except 
that--
            ``(1) any provision in section 5550(b) of title 5, United 
        States Code, as added by subsection (b), relating to 
        administering elections and making advance assignments to a 
        regular tour of duty shall be applicable before such effective 
        date to the extent determined necessary by the Director of the 
        Office of Personnel Management; and
            ``(2) the Director may issue regulations as necessary prior 
        to such effective date.''.
    (b) Application.--The amendment made by subsection (a) shall be 
deemed to have been enacted on the date of enactment of the Border 
Patrol Agent Pay Reform Act of 2014 (Public Law 113-277).

            Passed the House of Representatives May 14, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.

                               By Robert F. Reeves,

                                                          Deputy Clerk.
```
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# C_2021277EN.01000301.xml

| 12.7.2021 | EN | Official Journal of the European Union | C 277/3 |
| --- | --- | --- | --- |

12.7.2021

EN

Official Journal of the European Union

C 277/3

---

Notice of the impending expiry of certain anti-dumping measures

(2021/C 277/03)

1.

As provided for in Article 11(2) of Regulation (EU) 2016/1036 of the European Parliament and of the Council of 8 June 2016 on protection against dumped imports from countries not members of the European Union (1), the Commission gives notice that, unless a review is initiated in accordance with the following procedure, the anti-dumping measures mentioned below will expire on the date mentioned in the table below.

2.   Procedure

Procedure

Union producers may submit a written request for a review. This request must contain sufficient evidence that the expiry of the measures would be likely to result in a continuation or recurrence of dumping and injury. Should the Commission decide to review the measures concerned, importers, exporters, representatives of the exporting country and Union producers will then be provided with the opportunity to amplify, rebut or comment on the matters set out in the review request.

3.   Time limit

Time limit

Union producers may submit a written request for a review on the above basis, to reach the European Commission, Directorate-General for Trade (Unit G-1), CHAR 4/39, 1049 Brussels, Belgium (2) at any time from the date of the publication of the present notice but no later than three months before the date mentioned in the table below.

2

| 4. | This notice is published in accordance with Article 11(2) of Regulation (EU) 2016/1036.









  Product | Country(ies) of origin or exportation | Measures | Reference | Date of expiry (3) |
| --- | --- | --- | --- | --- | --- |
| Certain hot-rolled flat products of iron, non-alloy or other alloy steel | The People’s Republic of China | Anti-dumping duty | Commission Implementing Regulation (EU) 2017/649 of 5 April 2017 imposing a definitive anti-dumping duty on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in the People’s Republic of China
  (OJ L 92, 6.4.2017, p. 68) | 7.4.2022 |

4.

This notice is published in accordance with Article 11(2) of Regulation (EU) 2016/1036.

Product

Country(ies) of origin or exportation

Measures

Reference

Date of expiry (3)

3

Certain hot-rolled flat products of iron, non-alloy or other alloy steel

The People’s Republic of China

Anti-dumping duty

Commission Implementing Regulation (EU) 2017/649 of 5 April 2017 imposing a definitive anti-dumping duty on imports of certain hot-rolled flat products of iron, non-alloy or other alloy steel originating in the People’s Republic of China

(OJ L 92, 6.4.2017, p. 68)

7.4.2022

---

(1)  OJ L 176, 30.6.2016, p. 21.

1

(2)  TRADE-Defence-Complaints@ec.europa.eu

2

(3)  The measure expires at midnight (00:00) of the day mentioned in this column.

3

---
* Pursuant to 5TH CIR. R. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-50720

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

RAUL ALMAGUER-REYES,

Defendant-Appellant.

* * * * * * * * * * * * * * * * * * * *

 

No. 98-50807

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

CARLOS ROCHA-AREVALOS, 

Defendant-Appellant.

- - - - - - - - - -

Appeals from the United States District Court

for the Western District of Texas

USDC No. DR-97-CR-488-1

USDC No. DR-98-CR-131-1

- - - - - - - - - -

June 16, 1999

Before EMILIO M. GARZA, BENAVIDES, and PARKER, Circuit Judges. 

PER CURIAM:*

The appellants pleaded guilty to illegally reentering the 
No. 98-50720

 c/w No. 98-50807

- 2 -

country after having been deported. They argue that the district

court erred when it increased their offense levels by 16 under

U.S. Sentencing Guidelines § 2L1.2(b)(1)(A) for their prior state

drug convictions. They contend that, because their state felony

drug convictions would be only misdemeanors under federal law,

their prior convictions were not “drug-trafficking crime[s]”

under 18 U.S.C. § 924(c)(2) and did not constitute “aggravated

felon[ies]” for purposes of § 2L1.2(b)(1)(A). Their argument is

foreclosed by United States v. Hinojosa-Lopez, 130 F.3d 691, 694

(5th Cir. 1997). The appellants’ sentences are AFFIRMED.
Exhibit
31.2 CertificationI, JoAnn Agee,
certify that: 1.                   
I have reviewed this Form 10-QSB of eLinear, Inc.; 2.                   
Based on my knowledge, this report does not contain any untrue statement of a
material fact or omit to state a material fact necessary to make the statements
made, in light of the circumstances under which such statements were made, not
misleading with respect to the period covered by this report; 3.                   
Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial
condition, results of operations and cash flows of the small business issuer as
of, and for, the periods presented in this report; 4.                   
The small business issuer's other certifying officer(s) and I are responsible
for establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over
financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f))
for the small business issuer and have: a.                   
Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the small business issuer, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared; b.                   
Designed such internal control over financial reporting, or caused such internal
control over financial reporting to be designed under our supervision, to
provide reasonable assurance regarding the reliability of financial reporting
and the preparation of financial statements for external purposes in accordance
with generally accepted accounting principles; and c.                   
Evaluated the effectiveness of the small business issuer's disclosure controls
and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation. 5.                   
The small business issuer's other certifying officer(s) and I have disclosed,
based on our most recent evaluation of internal control over financial
reporting, to the small business issuer's auditors and the audit committee of
the small business issuer's board of directors (or persons performing the
equivalent functions): a.                   
All significant deficiencies and material weaknesses in the design or operation
of internal control over financial reporting which are reasonably likely to
adversely affect the small business issuer's ability to record, process,
summarize and report financial information; and b.                   
Any fraud, whether or not material, that involves management or other employees
who have a significant role in the small business issuer's internal control over
financial reporting. Date: May 20, 2005  /s/  JoAnn
Agee________________________JoAnn Agee, Principal Accounting
Officer
#### TODD, Respondent, v. EIGHMIE, Appellant.

(Supreme Court, Appellate Division, First Department.

December 22, 1896.)

Action by Judson S. Todd against George D. Eighmie.

No opinion. Motion for resettlement granted. See 41 N. Y. Supp. 1013.