alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT
UNITED STATES OF AM ER IC A,

Pla i ntiff-Appe lle e , v. GUSTAVO M ENDOZA-ZAZUETA,

De fe nda nt-Appe l la

nt. No. 16-50157

D.C . No. 3:15-c r-02133-LAB M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the Southe rn Distric t of C a lifornia Larry A. B urns, Distric t Judge , Pre siding Subm itte d July 11, 2017 ** B e fore : C ANB Y, KOZINSKI, a nd HAW KINS, C i rc uit Judge s. Gusta vo M e ndoz a -Za z ue ta

a ppe a ls from

the distric t c ourt’ s judgm e nt a nd c ha lle nge s the 72-m onth se nte n c e im pose d following his guilty -ple a c onvic tion for im porta tion of m e tha

m phe tam ine , in viola

t ion of 21 U.S.C
. §§ 952 a nd 960. W e have jurisdic tion unde r 28 U.S.C . § 1291, a nd we a ffirm
. 

# FIL ED JUL 17 2017 M OLLY C. DW Y ER, CLERK U
. S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by Ninth C irc uit R

ule 36-3.

* * The pa

ne l una nim ously c onc lude s this c a se is suita ble for de c ision without oral a

rgum e nt. Se e Fe d. R . App. P. 34(a)(2).M e ndoz a -Za z ue t a c onte nds tha

t the distric t c ourt e rre d in de ny ing his re que s t for a

m inor role a djustm e nt unde r U.S.S.G. § 3B 1.2. He argue s tha t the c ourt fa ile d to c om

pa re the de gre e of his involvem e nt in the c rim ina l e nte rprise to that of a l l of the othe r partic ipa nts, inc luding the“ highe r-ups” in the e nte rprise . He a lso c onte nds tha

t the c ourt e rre d by

re ly ing on a

uthority from this c ourt tha

t ha s a lle ge dly be e n supe rse de d by

the 2015 a

m e ndm e nt to theGuide l ine . W e re v ie w the d istric t c o urt’ s inte rpre tation of theGuide line s de novo. S e e Unite d State

s v . Quinte ro-Le

y v a , 823 F.3d 519, 522 (9th C ir. 2016). The re c ord be lie s M e ndoz a -Za z ue ta ’ s c o nte ntion tha t the distric t c ourt m isa p plie d the m inor role Guide line . The c ourt c o nduc te d the re q uisite c om pa rative ana ly sis, c onside ring the tota lity of the c irc um sta

n c e s a nd the e num e rate d fa c tors be fore c onc luding tha t M e ndoz a -Za z ue ta

wa s not

“ substa n tia lly le ss c u lpa

b le tha n the ave ra ge pa

rtic ipa nt.” U.S.S.G. § 3B 1 .2 c m t. n.3(A), (C ); Quinte ro-Le

y v a , 823 F.3d a

t 523. M ore ove r, the c ourt did not re fuse to c o nside r the “ highe r-ups” in the e nte rprise , but ra t he r c onc lude d tha

t the y we re not “ ave ra ge ” pa

rtic ipa nts to whom

M e ndoz a -Za z u e ta should bec om pa re d. Fina lly , M e ndoz a -Za zu e ta ha s not shown tha

t the distric t c ourt a

pplie d this c ourt’ s pre c e de nt in a

ny wa y tha t c onflic ts with the

2015 a m e ndm e nt to theGuide line
. AFFIRM E D.

1 6
- 5 0 1 5 7 2
EXHIBIT 4.3
-----------

                       Agreement To Disclose Upon Request

JLG Industries, Inc. (the "Company") hereby agrees that, with respect to any
agreement relating to long-term debt of the Company that has not been filed as
an exhibit to the Company's reports filed pursuant to the Securities Exchange
Act of 1934 because such filing is not required pursuant to the provisions of
S-K Item 601 (b) (4) (iii) (A), the Company will furnish a copy of any such
agreement to the Securities and Exchange Commission upon request.

                                           JLG INDUSTRIES, INC.
                                           (Registrant)



                                           /s/ Charles H. Diller
                                           -------------------------------------
                                           Charles H. Diller, Jr. Executive Vice
                                           President and Chief Financial Officer
**Exhibit
      32.1**


**Clickable
      Enterprises, Inc.**


**Certification
      Pursuant To 18 U.S.C. Section 1350,**


**As
      Adopted Pursuant To Section 906 Of The Sarbanes-Oxley Act Of 2002**


In
        connection with the Quarterly Report of Clickable Enterprises, Inc. (the
        "Company") on Form 10-QSB for the period ended June 30, 2006 as filed with
        the
        Securities and Exchange Commission on the date hereof (the "Report"), I,
        Nicholas Cirillo, Jr., President of the Company, certify, pursuant to 18
        U.S.C.
        Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
        of
        2002, that:
 
 (1)
        The
        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 Report fairly presents, in all material respects,
        the financial condition and results of operations of the Company.
 
 This
        Certification accompanies the Report pursuant to Section 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.
 *Date:
                  August 30, 2007*
                
                */s/
                  Nicholas Cirillo, Jr.*
                *------------------------------*
                *Nicholas
                  Cirillo, Jr.*
                *President
                  (Principal Executive Officer)*
 A
        signed
        original of this written statement required by Section 906 has been provided
        to
        the Company and will be retained by the Company and furnished to the Securities
        and Exchange Commission or its staff upon request.
  22
Schulte Roth & Zabel LLP

919 Third Avenue

New York, New York 10022

(212) 756-2000 (telephone)

(212) 593-5955 (facsimile)

Counsel for Defendants

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK

----------------------------------------------------------- x

VICTORIA FULLER,

Plaintiff,

Civ. No.: 07 CIV 5728 (KMK)

ECF Case

- against -

INTERVIEW, INC.; BRANT

PUBLICATIONS, INC., as the owner of

Interview, Inc.; PETER BRANT, individually

and as the shareholder and owner of Brant

Publications, Inc.; SANDRA J. BRANT,

individually and as the shareholder and owner

of Brant Publications, Inc.; and DEBORAH

BLASUCCI, individually and as the

Executive Vice President and Chief Financial

Officer of Interview, Inc. and Brant

Publications, Inc.,

Defendants.

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

:

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

:

x

RULE 7.1 DISCLOSURE

STATEMENT OF INTERVIEW,

INC.

Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, the undersigned

counsel of record for Defendant Interview, Inc. ("Interview") certifies that:

(i) The parent company of Interview is Brant Publications, Inc.; and

(iii) No publicly held corporation owns 10% or more of Interview's stock.

Case 1:07-cv-05728-RJS-DCF Document 3 Filed 07/11/2007 Page 1 of 2
2

Dated: July 11, 2007 SCHULTE ROTH & ZABEL LLP

By:__/s/ Mark E. Brossman___

Mark E. Brossman

Scott A. Gold

Jill L. Goldberg

919 Third Avenue

New York, New York 10022

(212) 756-2000

Counsel for Defendants

Case 1:07-cv-05728-RJS-DCF Document 3 Filed 07/11/2007 Page 2 of 2
#### Naomi Reiss, Appellant-Respondent, v Jerome Reiss, Respondent-Appellant.

In an action for a divorce and ancillary relief, the plaintiff wife appeals from so much of an order of the Supreme Court, Nassau County (Diamond, J.), dated December 5, 1988, as limited her award of temporary maintenance to the sum of $1,000 per week, denied that branch of her motion which was to restrain the defendant’s law firm from disposing of marital assets pendente lite and granted that branch of the defendant’s cross motion which was to direct the plaintiff to pay the carrying charges on the marital residence. The defendant husband cross-appeals from so much of the same order as granted that branch of the plaintiff’s motion which was to disqualify his counsel and denied that branch of his cross motion which was to restrain the plaintiff from disposing of marital assets pendente lite.

Ordered that the order is modified by deleting the provision granting that branch of the defendant’s cross motion which was to direct the plaintiff wife to pay all carrying charges on the marital residence and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as appealed and cross-appealed from, with costs to the plaintiff wife. The stay of enforcement of so much of the order as disqualified the defendant’s counsel, which was granted by this court on January 18, 1989, is hereby vacated.

Although we find no impropriety in the pendente lite maintenance award of $1,000 per week, the record indicates that the defendant husband has sufficient income and is in a better financial position to pay the carrying charges on the marital residence pending final resolution of the economic issues encompassed herein. Modification of the order appealed from is, therefore, warranted *(see, Stern v Stern,*106 AD2d 631; *Blasco v Blasco,*99 AD2d 747; *Kaltenbach v Kaltenbach,*88 AD2d 582). The remedy for any further alleged inequities in the pendente lite award is a speedy trial, at which time a *847more detailed examination of the facts and financial circumstances of the parties may be conducted *(see, Berger v Berger,*125 AD2d 285; *Chosed v Chosed,*116 AD2d 690; *Jorgensen v Jorgensen,*86 AD2d 861).

Additionally, we find that the plaintiff wife has sufficiently demonstrated that disqualification of the defendant’s counsel is necessary in view of the likelihood that partners in the law firm will be called to give testimony at trial concerning, *inter alia,*the defendant’s financial interest in the law firm and his alleged status as a guarantor of the law firm’s debts. Accordingly, disqualification of the law firm was appropriate *(see, S & S Hotel Ventures Ltd. Partnership v*777 *S. H. Corp.,*69 NY2d 437, 445-446). We note, moreover, that facts regarding the alleged dissolution of the law firm, alluded to by the defendant in his brief to support his contention that the disqualification issue has been rendered moot, are dehors the record and may not be considered on this appeal.

We have examined the parties’ remaining contentions and find them to be without merit. Mangano, J. P., Brown, Eiber and Sullivan, JJ., concur.
##### 



Exhibit 24 GRUBB & ELLIS COMPANY
POWER OF ATTORNEY ANNUAL REPORT ON FORM 10-K Each of the undersigned, being a director of Grubb & Ellis Company, a Delaware
corporation (the Company), hereby constitutes and appoints each of Brian D.
Parker and Donald D. Olinger, jointly and severally, his Attorney-in-Fact, with
full power of substitution, to execute for and on behalf of the undersigned and
file with the Securities and Exchange Commission, in his capacity as director
of the Company, the Companys Annual Report on Form 10-K for the fiscal year
ending June 30, 2004 and any and all amendments or supplements thereto, and any
and all instruments or documents filed as part of or in conjunction with such
Annual Report or amendments or supplements thereto, and hereby ratifies all
that said Attorneys-in-Fact or any of them may do or cause to be done by virtue
hereof. This instrument may be executed in a number of identical counterparts, each of
which shall be deemed an original for all purposes and all of which shall
constitute, collectively, one instrument. IN WITNESS WHEREOF, each of the undersigned has signed this Power of Attorney
on the 27th day of September 2004. /s/ R. David Anacker
    
    /s/ C. Michael KojaianR. David Anacker
    
    C. Michael Kojaian/s/ Anthony G. Antone
    
    /s/ Robert J. McLaughlinAnthony G. Antone
    
    Robert J. McLaughlin/s/ Rodger D. YoungRodger D. Young
Case 1:07-cv-04511-AKH Document 45 Filed 11/05/2007 Page 1 of 2
Case 1:07-cv-04511-AKH Document 45 Filed 11/05/2007 Page 2 of 2
Exhibit 12.1
  COMPUTATION
    OF RATIO OF EARNINGS TO FIXED CHARGES
 AND PREFERRED STOCK DIVIDENDS
      Year Ended December 31,(In thousands, except for ratios)

2010

2009

2008

2007

2006Fixed ChargesInterest and related amortization of borrowing costs

$
10,917


$
18,313


$
21,730


$
17,260


$
8,337Estimate of the interest portion of rental expense


7,061



7,165



6,965



1,374



970Preferred stock dividends


11,588



1,770











Fixed Charges

$
29,566


$
27,248


$
28,695


$
18,634


$
9,307Earnings(Loss) income from continuing operations before taxes

$
(70,871
)

$
(83,650
)

$
(295,477
)

$
40,262


$
13,571Less: Equity in losses (earnings) of unconsolidated entities


1,413



1,148



13,311



(2,029
)


(1,948
)Plus: Distributions from unconsolidated entities






185



50



75



Noncontrolling interest in subsidiaries with earnings and no
    fixed charges


(230
)


(129
)


(629
)


(839
)


(308
)Plus: Fixed charges


29,566



27,248



28,695



18,634



9,307Less: Preferred stock dividends


(11,588
)


(1,770
)










Earnings

$
(51,710
)

$
(56,968
)

$
(254,050
)

$
56,103


$
20,622Ratio of earnings to fixed charges(1)














3.0



2.2The amount of coverage deficiency

$
81,276


$
84,216


$
282,745







     (1)
    
    For purposes of calculating the ratio of earnings to fixed
    charges, earnings include net income before taxes, less
    noncontrolling interest in subsidiaries with earnings and no
    fixed charges, less equity in earnings of 50% or less owned
    subsidiaries, plus distributions from 50% or less owned
    subsidiaries, plus total fixed charges less preferred sock
    dividends. Fixed charges represent interest, borrowing costs and
    estimates of interest within rental expenses and preferred stock
    dividends. 166
Exhibit 99.1



Certification Pursuant to 18 U.S.C. Section 1350, As
Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



In connection with the Annual Report of ProQuest Company (the Company) on Form 10-K for the period ending December 28, 2002 hereof (the Report), the undersigned Chief Executive Officer of the Company
hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002 that based on his knowledge: 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 results of operations of the Company as of and for the periods covered in the Report.



|                                                    
|----------------------------------------------------
|/s/    ALAN
ALDWORTH                                
|Alan Aldworth, President and Chief Executive Officer



March 27, 2003
Case 1:07-cv-01546-AKH     Document 18      Filed 09/13/2007     Page 1 of 3

Case 1:07-cv-01546-AKH     Document 18      Filed 09/13/2007     Page 2 of 3

Case 1:07-cv-01546-AKH     Document 18      Filed 09/13/2007     Page 3 of 3
Case 1:07-cv-05338-AKH Document 26 Filed 09/03/2008 Page 1 of 2Case 1:07-cv-05338-AKH Document 26 Filed 09/03/2008 Page 2 of 2
**Exhibit 32.01**

 

**CERTIFICATION PURSUANT TO**

**18 U.S.C. SECTION** **1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Annual Report of Mobiclear Inc. (the “Company”) on Form 10-K for the year ended December 31, 2008, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Stephen P. Cutler, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 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/ Stephen P. Cutler

Stephen P. Cutler

April 14, 2009

 

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
```

                                                                    EXHIBIT 32.1

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

            In connection with the Quarterly Report of Enclaves Group, Inc. (the
"Company")  on Form 10-QSB for the period ending June 30, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"),  I, Daniel
H.  Hayes,  Chief  Executive  Officer and  President  of the  Company,  certify,
pursuant to 18 U.S.C.  Section 1350,  as adopted  pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

            (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 results of operations of the
Company.

Dated: September 21, 2005                  /s/ Daniel G. Hayes
                                   ---------------------------------------------
                                               Daniel G. Hayes
                                     Chief Executive Officer and President

A signed  original of this  certification  has been  provided to the Company and
will be retained by the Company and  furnished  to the  Securities  and Exchange
Commission or its staff upon request.
```
Exhibit 31.1

SECTION 302 CERTIFICATION

I, Pamela Fredette, Chairman, Chief Executive Officer and President of enherent Corp.,
certify that:

1. I have reviewed this report on Form 10-Q of enherent Corp.;

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 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 report is being prepared;

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; and

c) disclosed in this report any change in the registrants internal control over financial reporting that occurred during the registrants most
recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and

5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial
reporting, to the registrants auditors and the audit committee of registrant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 registrant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 registrants internal control over financial reporting.



|                                               
|-----------------------------------------------
|/s/ Pamela Fredette                            
|Pamela Fredette                                
|Chairman, Chief Executive Officer and President
|                                               
|November 9, 2007
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION

November 7, 2008 Revision

Cause number: 01-13-00759-CR

Style: Juan F. Trevino

v. The State of Texas

Date motion filed*: March 5, 2014

Type of motion: Extension of time to file Anders response

Party filing motion: Pro se

Document to be filed: Anders response

Is appeal accelerated? No

If motion to extend time:

Original due date: April 4, 2014

Number of previous extensions granted: 0 Current Due date: April 4, 2014

Date Requested: June 3, 2014

Ordered that motion is:

 Granted

If document is to be filed, document due: June 3, 2014

 Absent extraordinary circumstances, the Court will not grant additional motions to extend time

 Denied

 Dismissed (e.g., want of jurisdiction, moot)

 Other: _____________________________________ 

The Court grants appellant’s motion for extension of time to file his pro se Anders response and orders

appellant’s response to be filed no later than June 3, 2014.

Judge's signature: /s/ Laura C. Higley



Panel consists of ____________________________________________

Date: March 6, 2014
Case 1:07-cv-05710-RJH Document 47-2 Filed 07/20/2007 Page 1 of 1
Case 1:07-cv-04510-AKH Document 30 Filed 01/14/2008 Page 1 of 4
Case 1:07-cv-04510-AKH Document 30 Filed 01/14/2008 Page 2 of 4
Case 1:07-cv-04510-AKH Document 30 Filed 01/14/2008 Page 3 of 4
Case 1:07-cv-04510-AKH Document 30 Filed 01/14/2008 Page 4 of 4