alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
VICTORIA MISHUSTINA, Petitioner,
v. ERIC H. HOLDER, Jr., Attorney General, Respondent. No. 05-70513 Agency No. A077-427-431
MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals Submitted August 16, 2010 ** Pasadena, California Before: PREGERSON, NOONAN and PAEZ, Circuit Judges. Victoria Mishustina petitions for review of a final decision of the Board of Immigration Appeals denying her motion to reopen a proceeding in which she was denied asylum and withholding of rem oval under the Immigration and Nationality 

# FILED
AUG 18 2010 MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 Act, 8 U.S.C. §§ 1158, 1231(b)(3), and de nying her motion for reinstatement of voluntary departure, pursuant to 8 U.S.C. § 1229c. A motion to reopen must ordinarily befiled within ninety days after the final decision of the BIA. 8 C.F.R. § 1003.2(c)(2). Mishustina’s was not. Mishustina seeks to avail herself of th e exception to the timing requirement for cases in which there are “changed circ umstances arising in the country of nationality or in the country to which deportation has been ordered, if such evidence is material and was not availabl e and could not have been discovered or presented at the previous hearing.” Id . § 1003.2(c)(3)(ii). But to show changed circumstances, Mishustina points only to Russian laws that had already been enacted at the time of her hearing. Th ese laws could have been discovered or presented at Mishustina’s original hearing. Her motion to reopen was untimely. The BIA reviewed Mishustina’s motion to reopen under its established standard for untimely motions to reopen. In re Beckford , 22 I. & N. Dec. 1216 (BIA 2000). The BIA did not abuse its discretion by failing to reopen based upon the limited evidence that Mishustina presented. See He v. Gonzales , 501 F.3d 1128, 1133 (9th Cir. 2007). Mishustina’s petition for review also suggests that the BIA abused its discretion in refusing to reinstate her volunt ary departure. We lack jurisdiction to3 review the BIA’s decision to grant or deny a request for voluntary departure. Garcia v. Ashcroft , 368 F.3d 1157, 1159 (9th Cir. 2004) (order). The petition for review is DENIED.
[Federal Register Volume 66, Number 100 (Wednesday, May 23, 2001)]
[Notices]
[Page 28532]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12918]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of Allergy and Infectious Diseases; Notice of 
Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. Appendix 2), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Allergy and Infectious 
Diseases Special Emphasis Panel.
    Date: June 15, 2001.
    Time: 8 am to 2 pm.
    Agenda: To review and evaluate grant applications.
    Place: Holiday Inn Bethesda, 8120 Wisconsin Ave., Bethesda, MD 
20814.
    Contact Person: Gary S. Madonna, Scientific Review 
Administrator, Scientific Review Program, Division of Extramural 
Activities, NIAID, NIH, Room 2217, 6700-B Rockledge Drive, MSC 7610, 
Bethesda, MD 20892-7610, 301-496-2550.

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, 
Allergy, Immunology, and Transplantation Research; 93.856, 
Microbiology and Infectious Diseases Research, National Institutes 
of Health, HHS)

    Dated: May 15, 2001.
LaVerne Y. Stringfield,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. 01-12918 Filed 5-22-01; 8:45 am]
BILLING CODE 4140-01-M
**Exhibit 99.2**

 

 

**Report of IndependentAuditors**

 

To the Board of Directorsof AmeriCredit Corp.

 

 

Re:                   Sale and Servicing Agreement related to AmeriCreditAutomobile Receivables Trust 2001-C as of and for the year ended December 31,2002

 

 

We have examined management’sassertion about AmeriCredit Corp. and its subsidiaries’ (the “Company”)compliance with the minimum servicing standards identified in the MortgageBankers Association of America’s *Uniform Single Attestation Program for MortgageBankers*, to the extent such procedures are applicable, as of and forthe year ended December 31, 2002 included in the accompanying managementassertion (Exhibit I).  Management isresponsible for the Company’s compliance with those minimum servicingstandards.  Our responsibility is toexpress an opinion on management’s assertion about the Company’s compliancebased on our examination.

 

Our examination was made inaccordance with attestation standards established by the American Institute ofCertified Public Accountants and, accordingly, included examining, on a testbasis, evidence about the Company’s compliance with the minimum servicingstandards and performing such other procedures as we considered necessary inthe circumstances.  We believe that ourexamination provides a reasonable basis for our opinion.  Our examination does not provide a legaldetermination of the Company’s compliance with the minimum servicing standards.

 

In our opinion, management’sassertion that the Company has complied with the aforementioned minimumservicing standards as of and for the year ended December 31, 2002 is fairlystated, in all material respects.

 

 

Pricewaterhouse Coopers LLP

March 30, 2004

 

----

 

Exhibit I

 

Management’s Assertion Concerning Compliancewith USAP Minimum Servicing Standards

 

 

March 30, 2004

 

Re:                   Sale and Servicing Agreement related to AmeriCreditAutomobile Receivables Trust 2001-C as of and for the year ended December 31,2002

 

As of and for the year endedDecember 31, 2002, AmeriCredit Corp. and its subsidiaries have complied in allmaterial respects with the minimum servicing standards set forth in theMortgage Bankers Association of America’s *UniformSingle Attestation Program for Mortgage Bankers*(“USAP”), to theextent such procedures are applicable.

 

 
|  /s/  Clifton H. Morris |   |
|------------------------------|--------|
| Clifton H.  Morris           |
| Chief  Executive Officer     |
|                         |
|                         |
|  /s/  Daniel E. Berce   |   |
| Daniel E.  Berce             |
| President                    |
|                         |
|  /s/  Preston A. Miller |   |
| Preston A.  Miller           |
| Chief  Financial Officer     |
|                              |        |  |

 

----
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 Election Commission

# Cancellation of Previously Announced Meeting:

*Tuesday, June 5, 2001, 10 a.m.;*                         Meeting closed to the public.                    

# Date & Time:

*Thursday, June 7, 2001 to follow the open meeting*

# Place:

999 E Street, N.W., Washington, DC

# Status:

This meeting will be closed to the public.

# Items To Be Discussed:

 

Compliance matters pursuant to 2 U.S.C. § 437g.

Audits conducted pursuant to 2 U.S.C. § 437g, § 438(b), and Title 26, U.S.C.

Matters concerning participation in civil actions or proceedings or arbitration.

Internal personnel rules and procedures or matters affecting a particular employee.

# Date & Time:

*Thursday, June 7, 2001 at 10 a.m.*

# Place:

 999 E Street, NW., Washington, DC (ninth floor).

# Status:

 This meeting will be open to the public.

# Items To Be Discussed:

 

Correction and Approval of Minutes.

Draft Advisory Opinion 2001-07: The Nuclear Management Company Political Action Committee by George Aandahl.

Administrative Matters.

# Person to contact for information:

Mr. Ron Harris. Press Officer, Telephone: (202) 694-1220.

Mary W. Dove,

Secretary of the Commission.

[FR Doc. 01-13891  Filed 5-30-01; 10:30 am]

BILLING CODE 6715-01-M
22-015

October 6, 2022

VIA CFTC PORTAL

Commodity Futures Trading Commission

Attention: Chris Kirkpatrick, Secretary

Three Lafayette Centre

1155 21st Street, NW

Washington, DC 20581

Re: CFTC Regulation 40.6(a) Certification: Notification of Delisting Two (2) Nodal 

Exchange Energy Futures Contracts

Dear Mr. Kirkpatrick:

Nodal Exchange, LLC (“Nodal Exchange” or “Exchange”) is notifying the Commodity Futures 

Trading Commission (“CFTC” or “Commission”) that it is delisting two power futures 

contracts in PJM. Accordingly, the Exchange is self-certifying amendments to Appendix A 

(Contract Specifications) and Appendix C (Reporting Levels, Position Accountability Levels 

and Position Limits) of the Nodal Exchange Rulebook pursuant to Commission Regulation 

40.6(a). The amendments to Appendices A and C are attached hereto, indicating the 

specific contracts being delisted by the Exchange. 

The Exchange is delisting two dormant PJM contracts on October 6, 2022. There is no open 

interest on these contracts.

PJM CHALKPT20 KVCHLKG1 Monthly Day Ahead On-Peak Energy + Congestion

PJM CHALKPT20 KVCHLKG1 Monthly Day Ahead Off-Peak Energy + Congestion 

Exchange management has assessed the amendments to Appendices A and C, and their 

compliance with applicable provisions of the Commodity Exchange Act (“Act”), including 

the Commissions Regulations and the Core Principles. Nodal Exchange has identified that 

the delisting of the dormant contacts indicated by amendments to Appendices A and C may 

affect the following Core Principles as follows:

Core Principle 6 – Emergency Authority: There is no open interest in these contracts, and 

therefore there will be no market disruption related to their delisting.
Page 2 of 2

22-015

Core Principle 7 – Availability of General Information: The Exchange is posting on its website 

(www.nodalexchange.com) the delisting of the contracts, including the contract 

specifications for the delisted contracts. Upon delisting, the terms and conditions of these 

contracts will no longer be available on the Nodal Exchange Rulebook Appendix A – Contract 

Specifications.

Pursuant to Section 5c(c) of the Act and the Commission’s Regulation 40.6, the Exchange 

certifies that the delisting of these contracts complies with the Act and the Commission’s 

Regulations thereunder. There have not been any opposing views expressed regarding these 

amendments.

Nodal Exchange certifies that this submission has been concurrently posted on the Nodal 

Exchange website at www.nodalexchange.com.

If you have any question or need additional information regarding this submission, please 

contact me at 703-962-9853 or markotic@nodalexchange.com. 

Sincerely,

/s/ Max Markotic

Senior Director Compliance

Attachments:

Nodal Exchange Rulebook Appendix A Delisted Contracts

Redline of Nodal Exchange Rulebook Appendix C
##### 



Exhibit 99.3

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 EnCana Corporation (the Company)
on Form 40-F for the year ended December 31, 2003, as filed with the Securities
and Exchange Commission on the date hereof (the Report), I, Gwyn Morgan,
President & 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:



|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.

| |     |                                                                   
| | --- | ------------------------------------------------------------------
| | By: | /s/ Gwyn Morgan

Gwyn Morgan
President and Chief Executive Officer

March 5, 2004
AEGIS SEF | 2829 Technology Forest Boulevard, Suite 260 | The Woodlands, Texas 77381

Chapter 1076

Natural Gas Fixed Swap - EP Permian - Platts Inside FERC

DESCRIPTION

A monthly cash settled swap based upon the monthly price published by Platts Inside FERC for 

the location specified in Floating Price A.

FLOATING PRICE A

The Floating Price for each contract month will be equal to the Platts Inside FERC EP Permian

published price for the corresponding contract month.

CONTRACT UNIT AND VALUE

The contract unit shall be MMBtus (million British thermal units). Each contract shall be valued 

as the contract quantity in MMBtus multiplied by the settlement price.

LISTING CYCLE

Up to 120 consecutive monthly contract periods

PRICES AND FLUCTUATIONS

Prices shall be quoted in U.S. dollars and cents per MMBtu. The minimum price fluctuation shall 

be $0.001 per MMBtu. The minimum price increment will be $0.0001. There shall be no 

maximum price fluctuation.

TERMINATION OF TRADING

Posting of transactions shall cease on the last business day prior to the contract month.

FINAL SETTLEMENT

Delivery under the contract shall be by cash settlement. Final settlement, following termination 

of posting for a contract month, will be based on the Floating Price. The final settlement price 

will be the Floating Price calculated for each contract month.
#### In the Matter of Kese Industries et al., Respondents, v Roslyn Torah Foundation et al., Appellants, et al., Respondents.

Submitted March 15, 2010;

decided April 29, 2010

Motion to vacate this Court’s February 16, 2010 preclusion order granted.
Exhibit 31.1
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
  1.
    
    I have reviewed this quarterly report on Form 10-Q of RSC Holdings
III, LLC and RSC Equipment Rental, 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 registrant as of, and for, the periods presented in this
report;4.
    
    The registrants other certifying officer 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)
    
    [Not Applicable]c)
    
    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; andd)
    
    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 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;
andb)
    
    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/ Erik OlssonErik OlssonPresident and
Chief Executive Officer
(Principal Executive Officer)
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-1079

TEMESGEN TESHOME ABDISSA,

Plaintiff - Appellant,

v.

MERCK CORPORATE,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at 

Raleigh. Terrence W. Boyle, District Judge. (5:15-cv-00393-BO)

Submitted: May 18, 2017 Decided: May 24, 2017

Before AGEE, DIAZ, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Temesgen Teshome Abdissa, Appellant Pro Se. Jason Vincent Federmack, Ted N. 

Kazaglis, JACKSON LEWIS PC, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Temesgen Teshome Abdissa appeals the district court’s order and judgment 

dismissing his employment discrimination complaint. We have reviewed the record and 

find no reversible error. Accordingly, we affirm for the reasons stated by the district court. 

Abdissa v. Merck Corporate, No. 5:15-cv-00393-BO (E.D.N.C. Jan. 6, 2017). We dispense 

with oral argument because the facts and legal contentions are adequately presented in the 

materials before this court and argument would not aid the decisional process.

AFFIRMED
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

BRUCE EDWARD HENDERSON,

Appellant,

v.

THE STATE OF TEXAS,

Appellee. §

§

§

§

§

§ No. 08

- 15

- 00297

- CR

Appeal from

372nd District Court

of Tarrant County, Texas

(TC # 1389910D )

J U D G M E N T

The Court has considered this cause on the record and concludes there was no error in the

judgment. We therefore affirm the judgment of the court below. This decision shall be certified

below for observance.

IT IS SO ORDERED THIS 21ST DAY OF DECEMBER , 2016

.

ANN CRAWFORD McCLURE, Chief Justice

Before McClure, C.J., Rodri guez, and Hughes, JJ.
111TH CONGRESS 

1ST SESSION H. R. 912 

AN ACT 

To amend the Family and Medical Leave Act of 1993 to 

clarify the eligibility requirements with respect to airline 

flight crews. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 912 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Airline Flight Crew 

3 Technical Corrections Act’’. 

4 SEC. 2. LEAVE REQUIREMENT FOR AIRLINE FLIGHT 

5 CREWS. 

6 (a) INCLUSION OF AIRLINE FLIGHT CREWS.—Sec7 tion 101(2) of the Family and Medical Leave Act of 1993 

8 (29 U.S.C. 2611(2)) is amended by adding at the end the 

9 following: 

10 ‘‘(D) AIRLINE FLIGHT CREWS.— 

11 ‘‘(i) DETERMINATION.— For purposes 

12 of determining whether an employee who is 

13 a flight attendant or flight crewmember 

14 (as such terms are defined in regulations 

15 of the Federal Aviation Administration) 

16 meets the hours of service requirement 

17 specified in subparagraph (A)(ii), the em18 ployee will be considered to be eligible if— 

19 ‘‘(I) the employee has worked or 

20 been paid for 60 percent of the appli21 cable monthly guarantee, or the equiv22 alent annualized over the preceding 

23 12-month period; and 

24 ‘‘(II) the employee has worked or 

25 been paid for a minimum of 504 
3 

•HR 912 EH

1 hours during the preceding 12-month 

2 period. 

3 ‘‘(ii) DEFINITION.—As used in this 

4 subparagraph, the term ‘applicable month5 ly guarantee’ means— 

6 ‘‘(I) for employees described in 

7 clause (i) other than employees on re8 serve status, the minimum number of 

9 hours for which an employer has 

10 agreed to schedule such employees for 

11 any given month; and 

12 ‘‘(II) for employees described in 

13 clause (i) who are on reserve status, 

14 the number of hours for which an em15 ployer has agreed to pay such employ16 ees on reserve status for any given 

17 month, 

18 as established in the collective bargaining 

19 agreement, or if none exists in the employ20 er’s policies. Each employer of an employee 

21 described in clause (i) shall maintain on 

22 file with the Secretary (in accordance with 

23 regulations the Secretary may prescribe) 

24 the applicable monthly guarantee with re-
4 

•HR 912 EH

1 spect to each category of employee to 

2 which such guarantee applies.’’. 

3 (b) CALCULATION OF LEAVE FOR AIRLINE FLIGHT

4 CREWS.—Section 102(a) of the Family and Medical Leave 

5 Act of 1993 (29 U.S.C. 2612(a)) is amended by adding 

6 at the end the following: 

7 ‘‘(5) CALCULATION OF LEAVE FOR AIRLINE

8 FLIGHT CREWS.—The Secretary may provide, by 

9 regulation, a method for calculating the leave de10 scribed in paragraph (1) with respect to employees 

11 described in section 101(2)(D).’’. 

Passed the House of Representatives February 9, 

2009. 

Attest: 

Clerk. 

111TH CONGRESS 

1ST SESSION H. R. 912 

AN ACT 

To amend the Family and Medical Leave Act of 

respect to airline flight crews. 1993 to clarify the eligibility requirements with