alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Arturo LANDA-ROMERO, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 09-71884.

United States Court of Appeals, Ninth Circuit.

Submitted April 5, 2011.*

Filed April 27, 2011.

Arturo Landa-Romero, Santa Ana, CA, pro se.

*656OIL, Tracey McDonald, U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Before B. FLETCHER, CLIFTON, and BEA, Circuit Judges.

*

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

MEMORANDUM **

Arturo Landa-Romero, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to reissue its previous decision dismissing his appeal. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to reopen. *Hernandez-Velasquez v. Holder,*611 F.3d 1073, 1077 (9th Cir.2010). We grant the petition for review.

The BIA abused its discretion in denying Landa-Romero’s motion to reissue where it failed to address Landa-Romero’s evidence that he did not receive the BIA’s August 21, 2008, order dismissing his appeal. *See id.*(BIA must consider the “weight and consequences” of petitioner’s evidence of non-receipt).

PETITION FOR REVIEW GRANTED; REMANDED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
(8 Misc. Rep. 309.)

#### McBRATNEY v. HEYDECKER.

(Common Pleas of New York City and County, General Term.

May 17, 1894.)

Principal and Agent—Personal Liability op Agent on Contract.

A promise by the agent of a lessor to pay the lessee a certain sum if he would surrender the premises, and move out, before the expiration of his lease, is enforceable against the agent, personally.

Appeal from first district court.

Action by Robert McBratney against William C. Heydecker for breach of contract. There was a judgment in favor of plaintiff, and ■defendant appeals. Affirmed.

Argued before BOOKSTAVER, BISCHOFF, and PRIOR, JJ.

Welch & Daniels, for appellant.

Henry B. Kinghorn, for respondent.

*731PER CURIAM.

This action was brought for a breach of contract. The evidence seems to be uncontradicted that the contract to pay the sum of $30 was made directly between the plaintiff and the son •of the lessee, who was also her agent. He had a right to make a personal contract of the nature under consideration, and would be bound by its terms, if it was performed. There may be some question as to whether or not, at- one time, the respondent intended to fulfill; but the fact appears without contradiction that he did thereafter, and within the time limited by the contract, fulfill all its terms. Hence, there could be no rescission of it, as argued by the appellant; and he became entitled to the money which was promised by appellant; and therefore the judgment should be affirmed, with costs.
EXHIBIT 23.1


                     CONSENT OF INDEPENDENT ACCOUNTANTS



We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (No. 333-56430) of Alamosa Holdings, Inc. of our
report dated February 19, 2001, except for Note 17 as to which the date is
March 9, 2001 relating to the consolidated financial statements of Alamosa
Holdings, Inc., which appears in this Form 10-K. We also consent to the
incorporation by reference of our report dated February 19, 2001 relating
to the financial statement schedule, which appears in this Form 10-K.


/s/ PricewaterhouseCoopers LLP
PricewaterhouseCoopers LLP

Dallas, Texas
March 28, 2001
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS

NO. 04-1001

STANLEY J. PALCZEWSKI, APPELLANT,

V.

R. JAMES NICHOLSON,

SECRETARY OF VETERANS AFFAIRS, APPELLEE.

Before KASOLD, HAGEL, and MOORMAN, Judges

O R D E R

It is ORDERED that this Court’s opinion entered on April 24, 2007, is hereby amended as

follows:

On the first page of the opinion delete the section listing counsel for the appellee and replace

it with:

Ella Krainsky, with whom Tim S. McClain, General Counsel; Paul J. Hutter, Acting General

Counsel; R. Randall Campbell, Assistant General Counsel; Brian B. Ripple, Deputy Assistant

General Counsel, and Caren H. Kang and Christopher Wallace, all of Washington, D.C., were on

the brief, for the appellee.

DATED: July 11, 2007 FOR THE COURT:

NORMAN Y. HERRING

Clerk of the Court

Copies to:

David T. Landers, Esq.

VA General Counsel (027)
I 

111TH CONGRESS 

2D SESSION H. R. 6005 

To amend titles XVIII and XIX of the Social Security Act to provide for 

the temporary treatment of certain electronic health records as certified 

EHR technology for purposes of health information technology payment 

incentives under the Medicare and Medicaid Programs. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 30, 2010 

Mr. BURGESS (for himself, Mr. STEARNS, and Mrs. BLACKBURN) introduced 

the following bill; which was referred to the Committee on Energy and 

Commerce, and in addition to the Committee on Ways and Means, for 

a period to be subsequently determined by the Speaker, in each case for 

consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend titles XVIII and XIX of the Social Security Act 

to provide for the temporary treatment of certain electronic health records as certified EHR technology for 

purposes of health information technology payment incentives under the Medicare and Medicaid Programs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ensuring Equality for 

5 Early EHR Adoption Act of 2010’’. 

mstockstill on DSKH9S0YB1PROD with BILLS

2 

•HR 6005 IH

1 SEC. 2. TEMPORARY TREATMENT OF CERTAIN EHR TECH2 NOLOGY UNDER THE MEDICARE AND MED3 ICAID EHR INCENTIVE PAYMENT PROGRAMS. 

4 (a) MEDICARE PROGRAM.—Section 1848(o)(4) of the 

5 Social Security Act (42 U.S.C. 1395w–4(o)(4)) is amend6 ed by adding at the end the following: ‘‘For payment years 

7 2011 and 2012, such term includes an electronic health 

8 record that is not certified pursuant to such section 

9 3001(c)(5) and that enables the demonstration of mean10 ingful EHR use for an EHR reporting period for the pay11 ment year involved.’’. 

12 (b) MEDICAID PROGRAM.—Section 1903(t)(3)(A) of 

13 such Act (42 U.S.C. 1396b(t)(3)(A)) is amended by add14 ing at the end the following: ‘‘For payment years 2011 

15 and 2012, such term includes an electronic health record 

16 that is not certified pursuant to such section 3001(c)(5) 

17 and that enables a Medicaid provider to demonstrate 

18 meaningful use for purposes of this subsection.’’. 

Æ 

mstockstill on DSKH9S0YB1PROD with BILLS
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                          16,376
<SECURITIES>                                         0
<RECEIVABLES>                                  193,622
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,382,410
<PP&E>                                      13,210,402
<DEPRECIATION>                               (712,977)
<TOTAL-ASSETS>                              14,089,833
<CURRENT-LIABILITIES>                          524,568
<BONDS>                                      5,962,784
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                    613,923
<COMMON>                                             0
<OTHER-SE>                                   6,988,558
<TOTAL-LIABILITY-AND-EQUITY>                14,089,833
<SALES>                                              0
<TOTAL-REVENUES>                               468,875
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               263,708
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             100,532
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  (611)
<CHANGES>                                            0
<NET-INCOME>                                   104,024
<EPS-BASIC>                                       0.37
<EPS-DILUTED>                                     0.37



</TABLE>
Exhibit 31.2

                                  CERTIFICATION


I, Timothy B. Murphy, certify that:

1.   I have reviewed this report on Form 10-Q of Investors Capital Holdings,
     Ltd.;

2.   Based on my knowledge, this annual 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 annual report;

3.   Based on my knowledge, the financial statements, and other financial
     information included in this annual report, fairly present in all material
     respects the financial condition, results of operations and cash flows of
     the registrant as of, and for, the periods presented in this report;

4.   The registrant'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) for the registrant 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
         registrant, including its consolidated subsidiaries, is made known to
         us by others within those entities, particularly during the period in
         which this annual report is being prepared; and

     b)  Evaluated the effectiveness of the registrant'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.


Date: November 14, 2005

 /s/ Timothy B. Murphy
Timothy B. Murphy, Executive Vice President,
Treasurer, Chief Financial Officer and Director
(principal financial officer)
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

747 

CA 12-02171 

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND LINDLEY, JJ. 

 

ROBERT J. GROMAN, PLAINTIFF-RESPONDENT, 

V ORDER

STANLEY A. GROMAN, DEFENDANT-APPELLANT, 

ET AL., DEFENDANT.

 

AMDURSKY, PELKY, FENNELL & WALLEN, P.C., OSWEGO (COURTNEY S. RADICK OF

COUNSEL), FOR DEFENDANT-APPELLANT. 

COSTELLO, COONEY & FEARON, PLLC, SYRACUSE (ROBERT W. CONNOLLY OF

COUNSEL), FOR PLAINTIFF-RESPONDENT. 

 

Appeal from an order of the Supreme Court, Oswego County (Norman

W. Seiter, Jr., J.), entered January 25, 2012. The order directed the

property receiver to accept offers for certain real property. 

It is hereby ORDERED that the order so appealed from is

unanimously affirmed without costs.

Entered: June 14, 2013 Frances E. Cafarell

Clerk of the Court
```

Exhibit 10.13

                                 NUTRA
                                      PHARMA
                                           CORP.

                 1829 Corporate Drive, Boynton Beach, FL 33426
                    Office (954) 509-0911  Fax (866) 744-3655

February 14, 2005

Dr. Tan Khandaker
387 Park Avenue South
Third floor
New York, NY 10016

Dear Dr. Khandaker:

Please allow this letter to serve as a mutual Agreement between Nutra Pharma
Corporation, a public California Corporation (OTCBB: NPHC) and yourself - Dr.
Tan Khandaker, an individual.

This is to certify that Dr. Tan Khandaker will be working on a full-time basis
as a consultant to the company in the areas of Business Development, Mergers &
Acquisitions, Partnering and Licensing for the FY2005.

Based on results and the FY2005 performance the retainer can be renegotiated
before expiration.

In consideration of your services as a Consultant to Nutra Pharma, the Company
will advance a monthly retainer of $10,000. This equates to $110,000 for FY2005.
You warrant that you are working in a full-time capacity for the Company and
that you will keep the Company informed of your actions. The Company warrants
that they will use your services as needed, verifying your availability for each
project.

This letter represents the entire Agreement. Any claims arising from a failure
to comply with the terms of this Agreement must be settled through mutual
Arbitration under the laws of the State of Florida.

Sincerely,

/s/ Rik J Deitsch
Rik J Deitsch
Chief Executive Officer

Accepted

Tan Khandaler, MD
```
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Reserve System

# Agency Holding the Meeting:

 Board of Governors of the Federal Reserve System. 

# Time and Date:

 11:00 a.m., Monday, April 24, 2000. 

# Place:

 Marriner S. Eccles Federal Reserve Board Building, 20th and C Streets, NW, Washington, DC 20551. 

# Status:

 Closed. 

# Matters to be Considered:

 

1. Personnel actions (appointments, promotions, assignments, reassignments, and salary actions) involving individual Federal Reserve System employees. 

2. Any items carried forward from a previously announced meeting. 

# Contact Person for More Information:

 Lynn S. Fox, Assistant to the Board; 202-452-3204. 

# Supplementary Information:

 You may call 202-452-3206 beginning at approximately 5 p.m. two business days before the meeting for a recorded announcement of bank and bank holding company applications scheduled for the meeting; or you may contact the Board's Web site at http://www.federalreserve.gov for an electronic announcement that not only lists applications, but also indicates procedural and other information about the meeting. 

Dated: April 14, 2000. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. 00-9882 Filed 4-14-00; 5:00 pm] 

BILLING CODE 6210-01-P
EXHIBIT 23

                    CONSENT OF MADSEN & ASSOCIATES, CPAS INC.


To the Board of Directors
Intraop Medical Corporation and Subsidiary
(Formerly Digitalpreviews.com, Inc. and Subsidiary)
(A Development Stage Company)
Salt Lake City, Utah

We consent to the use of our Report of Independent Registered Public Accounting
Firm dated March 8, 2005, covering Intraop Medical Corporation and Subsidiary (A
Development Stage Company) (formerly Digitalpreviews.com, Inc.) as of December
31, 2004, and the related consolidated statements of operations, stockholders'
equity and cash flows for the years ended December 31, 2004 and 2003, and for
the period from inception on November 15, 1999 through December 31, 2004 to be
included in Form 10-KSB to be filed with the Securities and Exchange Commission
on or about March 8, 2005.




/s/ Madsen and Associates CPA's, Inc.

Madsen & Associates CPA's, Inc.
March 8, 2005
Salt Lake City, Utah



                                       22
I 

111TH CONGRESS 

2D SESSION H. R. 6176 

To amend section 340B of the Public Health Service Act to allow certain 

covered entities to resell or transfer a covered outpatient drug to an 

individual with HIV/AIDS in connection with medication regimen adherence services being provided to the individual by a licensed health care 

professional of the entity. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 22, 2010 

Mr. DEUTCH introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend section 340B of the Public Health Service Act 

to allow certain covered entities to resell or transfer 

a covered outpatient drug to an individual with HIV/ 

AIDS in connection with medication regimen adherence 

services being provided to the individual by a licensed 

health care professional of the entity. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


emcdonald on DSK2BSOYB1PROD with BILLS
2 

•HR 6176 IH

1 SECTION 1. LIMITATION ON PRICES OF DRUGS PURCHASED 

2 BY CERTAIN COVERED ENTITIES FOR RESALE 

3 OR TRANSFER TO INDIVIDUALS WITH HIV/ 

4 AIDS RECEIVING MEDICATION REGIMEN AD5 HERENCE SERVICES. 

6 Subparagraph (B) of section 340B(a)(5) of the Pub7 lic Health Service Act (42 U.S.C. 256b(a)(5)) is amended 

8 by adding at the end the following: ‘‘Notwithstanding the 

9 preceding sentence, a covered entity described in para10 graph (4)(J) may resell or transfer the drug to an indi11 vidual with HIV/AIDS (as defined in section 2689) in con12 nection with medication regimen adherence services being 

13 provided to the individual by a licensed health care profes14 sional in such professional’s capacity as an employee, con15 tractor, or volunteer of the entity.’’. 

Æ 


emcdonald on DSK2BSOYB1PROD with BILLS
EXHIBIT
23.1








Richardson
      & Company
            550
      Howe Avenue, Suite 210Sacramento,
      California 95825Telephone:
      (916) 564-8727FAX:
      (916) 564-8728








CONSENT
OF RICHARDSON & COMPANY





We consent to the incorporation by
reference in the Registration Statement (Form S-8) (SEC File Number 333-62294)
pertaining to the Sonoma Valley Bancorp’s 1996 Stock Option Plan as amended in
April 1999, the Registration Statement (Form S-8) (SEC File Number 333-88610)
pertaining to the Sonoma Valley Bancorp’s 2002 Equity Incentive Plan, and the
Registration Statement (Form S-8) (SEC File Number 333-145313) pertaining to the
Sonoma Valley Bancorp’s 2007 Equity Incentive Plan of our report dated March 4,
2008, with respect to the consolidated financial statements of Sonoma Valley
Bancorp and Subsidiary included in its Annual Report (Form 10-K) for the year
ended December 31, 2007, filed with the Securities and Exchange
Commission.





/s/ Richarson &
Company


Richardson & Company





Sacramento,
California


March 20,
2008
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6096 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6096

To rescind certain amounts appropriated to the Bureau of the Census, to 
       reduce the Federal budget deficit, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            August 10, 2010

Mr. Edwards of Texas introduced the following bill; which was referred 
to the Committee on Appropriations, and in addition to the Committee on 
 Natural Resources, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To rescind certain amounts appropriated to the Bureau of the Census, to 
       reduce the Federal budget deficit, 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 ``Reduce Our Deficits Act''.

SEC. 2. RESCISSION.

    From the unobligated balances made available for ``Department of 
Commerce--Bureau of the Census--Periodic Censuses and Programs'', 
$1,600,000,000 is rescinded.

SEC. 3. USE OF CERTAIN AMOUNTS TO REDUCE THE FEDERAL BUDGET DEFICIT AND 
              NATIONAL DEBT.

    Notwithstanding any other provision of law, any amounts received by 
the Federal Government as rentals or royalties shall be deposited into 
the general fund of the Treasury and used for Federal budget deficit 
reduction or, if there is no Federal budget deficit, for reducing the 
national debt in such a manner as the Secretary of the Treasury 
considers appropriate.
                                 <all>
```
Exhibit 23.1
 CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
   1)
    
    Registration Statement (Form S-3 No. 333-83852) of Oil States International, Inc.2)
    
    Registration Statement (Form S-3 No. 333-126485) of Oil States International, Inc.3)
    
    Registration Statements (Form S-8 No. 333-57960, Form S-8 No. 333-97041, and Form
S-8 No. 333-152694) pertaining to the 2001 Equity Participation Plan of Oil
States International, Inc.4)
    
    Registration Statement (Form S-8 No. 333-63050), pertaining to the Deferred
Compensation Plan of Oil States International, Inc. and5)
    
    Registration Statement (Form S-8 No. 333-134312), pertaining to the increase in
authorized shares for the Companys Equity Participation Plan;
  /s/Ernst & Young, LLPERNST & YOUNG, LLP
UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS 

MISC. NO. 02-21 

IN RE: RECALL OF RETIRED JUDGE

O R D E R

 Pursuant to 38 U.S.C. § 7257(b)(1), eligible retired Judges of the Court may be recalled 

by the Chief Judge when further service is needed by the Court. Retired Judge William A. 

Moorman, having complied with 38 U.S.C. § 7257, is designated a recall-eligible retired Judge. The 

Chief Judge of the Court has determined that, if recalled, Judge Moorman would provide substantial 

service necessary to meet the needs of the Court. 

 Upon consideration of the foregoing, it is 

 ORDERED that, effective January 4, 2021, through December 31, 2021, recall-eligible retired 

Judge Moorman is recalled from retired status in accordance with 38 U.S.C. § 7257(b)(1). Judge 

Moorman shall have and exercise all the judicial powers and duties of the office of a Judge in active 

service and shall otherwise perform substantial service for the Court as requested by the Chief Judge. 

It is further 

 ORDERED that Judge Moorman shall serve in recalled status in calendar year 2021 to review 

and decide appeals, motions, and other filings with the Court and to perform other substantial service 

at the request of the Chief Judge and he shall so serve throughout the calendar year for up to 90 days 

or its equivalent. With his consent, Judge Moorman's service may be extended beyond 90 days. 

 

DATED: January 4, 2021 BY THE COURT: 

MARGARET BARTLEY 

 Chief Judge
#### HARMON, Respondent, v. NEW YORK CENT. & H. R. R. CO., Appellant.

(Supreme Court, General Term, Fifth Department.

January 18, 1894.)

Action by L. D. Harmon, administrator, etc., against the New York Central & Hudson River Railroad Company.

No opinion. Judgment and order appealed from affirmed.