alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### KULEANA, LLC, a Washington limited liability company; Harold E. Johnson, a single man, Plaintiffs-Appellants, v. DIVERSIFIED WOOD RECYCLING, INC., a Washington corporation, Defendant-Appellee.

No. 09-35811.

United States Court of Appeals, Ninth Circuit.

Submitted June 8, 2010.*

Filed June 10, 2010.

Laurel H. Skiddoway, Randall & Dans-kin PS, Spokane, WA, for Plaintiffs-Appellants.

Maris Baltins, Esquire, Baltins & Mu-, rock, Spokane, WA, for Defendant-Appel-lee.

Before: CANBY, CALLAHAN and IKUTA, Circuit Judges.

*

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

*602MEMORANDUM **

The district court did not err in dismissing Kuleana’s complaint for failure to state a claim. Kuleana failed to show that Diversified’s use of the court system to foreclose a lien constituted state action. *See Bell Atl. Corp. v. Twombly,*550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). The complaint did not allege that the state statute or the state court procedures were unconstitutional or violated Kuleana’s rights. *See Edmonson v. Leesville Concrete Co., Inc.,*500 U.S. 614, 620-21, 111 S.Ct. 2077, 114 L.Ed.2d 660 (1991); *Tulsa Prof'l Collection Sers. v. Pope,*485 U.S. 478, 491, 108 S.Ct. 1340, 99 L.Ed.2d 565 (1988). Nor are Diversified’s actions fairly attributable to the state, because there was no joint action between Diversified and the state court. *See Collins v. Womancare,*878 F.2d 1145, 1154 (9th Cir.1989). The complaint did not allege conspiracy or concerted action. *See Howerton v. Gabica,*708 F.2d 380, 383 (9th Cir.1983). The allegation that a private party misused state procedures outlined in a state statute is not enough to establish state action, “even though the procedures themselves required the involvement of the county clerk” or other state official. *Id.*at 384 n. 9. And, “merely resorting to the courts and being on the winning side of a lawsuit does not make a party a co-conspirator or a joint actor with the judge.” *Dennis v. Sparks,*449 U.S. 24, 28, 101 S.Ct. 183, 66 L.Ed.2d 185 (1980).

Because Kuleana failed to establish state action, the complaint failed to allege a violation of the Fourteenth Amendment and also failed to satisfy the under-color-of-law requirement of § 1983. *See Collins,*878 F.2d at 1148.

Diversified’s request for attorneys’ fees is denied because Kuleana’s claims are not “vexatious, frivolous, or brought to harass or embarrass the defendant.” *Hensley v. Eckerhart,*461 U.S. 424, 429 n. 2, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Exhibit 32(a)

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO SECTION 906 OF THE

SARBANES-OXLEY ACT OF 2002

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and in connection with the Quarterly Report on Form 10-Q of Zep Inc. (the
Corporation) for the quarter ended February 28, 2010, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, the Chairman, President, and Chief Executive Officer of the
Corporation, certifies 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 Corporation.



|                                                               
|---------------------------------------------------------------
|/s/ John K. Morgan                                             
|John K. Morgan Chairman,
President, and Chief Executive Officer

April 7, 2010

A signed original of this written statement required by Section 906 has been provided to Zep Inc. and will be retained by Zep Inc. and furnished to the Securities and Exchange Commission or its staff
upon request.
EXHIBIT 32.2

CERTIFICATION
OF PRINCIPAL FINANCIAL OFFICER PURSUANT TO 18U.S.C. SECTION 1350

In connection
with the Quarterly Report of 11 Good Energy, Inc. (the Company) on Form 10-Q
for the period ending March 31, 2011 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Daniel T. Lapp, Principal
Financial Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as
adopted pursuant to ss.906 of the Sarbanes-Oxley Act, 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 result of operations of the Company.

| |                             
| | ----------------------------
| | /S/ DANIEL
 T. LAPP         
| |                             
| | DANIEL T.
 LAPP             
| | PRINCIPAL
 FINANCIAL OFFICER
| | May 19, 2011                

---
# C_2010147EN.01001401.xml

| 5.6.2010 | EN | Official Journal of the European Union | C 147/14 |
| --- | --- | --- | --- |

5.6.2010

EN

Official Journal of the European Union

C 147/14

---

Authorisation for State aid pursuant to Articles 107 and 108 TFEU

Cases where the Commission raises no objections

(Text with EEA relevance)

2010/C 147/02

| Date of adoption of the decision | 21.4.2010 |
| --- | --- |
| Reference number of State Aid | N 284/09 |
| Member State | The Netherlands |
| Region | — |
| Title (and/or name of the beneficiary) | Fonds voor scholpromotie (Plaice promotion fund) |
| Legal basis | Verordening financiering scholpromotie 2008; Instellingsbesluit Productschap Vis; Wet op de bedrijfsorganisatie; Verordening tot instelling van een fonds voor promotie 2007 |
| Type of measure | Aid scheme |
| Objective | Aid for collective promotion activities |
| Form of aid | Individual grants and reimbursement of costs |
| Budget | Ca. EUR 200 000 per year |
| Intensity | Max. 100 % |
| Duration (period) | Unlimited |
| Economic sectors | Fisheries sector |
| Name and address of the granting authority | Productschap Vis |
| Postbus 72 |
| 2280 AB Rijswijk |
| NEDERLAND |

Date of adoption of the decision

21.4.2010

Reference number of State Aid

N 284/09

Member State

The Netherlands

Region

—

Title (and/or name of the beneficiary)

Fonds voor scholpromotie (Plaice promotion fund)

Legal basis

Verordening financiering scholpromotie 2008; Instellingsbesluit Productschap Vis; Wet op de bedrijfsorganisatie; Verordening tot instelling van een fonds voor promotie 2007

Type of measure

Aid scheme

Objective

Aid for collective promotion activities

Form of aid

Individual grants and reimbursement of costs

Budget

Ca. EUR 200 000 per year

Intensity

Max. 100 %

Duration (period)

Unlimited

Economic sectors

Fisheries sector

Name and address of the granting authority

Productschap Vis

Postbus 72

2280 AB Rijswijk

NEDERLAND

Other information

Annual report

Scheme will be re-notified at the latest two months before 3 August 2014

The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:

http://ec.europa.eu/community_law/state_aids/state_aids_texts_en.htm

---
#### In the Matter of Anthony Azrak, Appellant, v Cathlene Azrak, Respondent.

[876 NYS2d 439]—

*938In a child support proceeding pursuant to Family Court Act article 4, the father appeals from an order of the Family Court, Westchester County (Klein, J.), entered April 4, 2008, which denied his objections to so much of an order of the same court (Cabanillas-Thompson, S.M.), entered October 2, 2007, as, after a hearing, directed him to pay child support in the semimonthly sum of $3,889.

Ordered that the order entered April 4, 2008, is affirmed, with costs.

In determining a parent’s support obligation under the Child Support Standards Act (Family Ct Act § 413; Domestic Relations Law § 240), the court is required to begin its calculation with the parent’s gross income “as should have been or should be reported in the most recent federal income tax return” (Family Ct Act § 413 [1] [b] [5] [i]). The court is also permitted to consider current income figures for the tax year not yet completed *(see Matter of Moran v Grillo,*44 AD3d 859, 860 [2007]; *Matter of Culhane v Holt,*28 AD3d 251 [2006]; *Matter of Kellogg v Kellogg,*300 AD2d 996 [2002]). However, “[a] parent’s child support obligation is determined by his or her ability to support the child, and not necessarily by the parent’s current economic situation” *(Matter of Maharaj-Ellis v Laroche,*54 AD3d 677, 677 [2008]; *see Fruchter v Fruchter,*29 AD3d 942, 943 [2006]). Thus, the Family Court may impute income to a parent based, inter alia, upon his or her employment history and demonstrated earning capacity *(see Matter of Maharaj-Ellis v Laroche,*54 AD3d 677 [2008]; *Matter of Solis v Marmolejos,*50 AD3d 691, 692 [2008]; *Bittner v Bittner,*296 AD2d 516, 517 [2002]).

Contrary to the father’s contention, the Family Court providently exercised its discretion in calculating his child support obligation upon an imputed income of $327,970 per year. It is undisputed that the father’s gross income in the tax year preceding the hearing was $321,970, and that his past earnings over a 10-year period averaged $328,831 per year. Although the father testified that his earnings had decreased because he had been discharged from the company he worked for in 2005 and part of 2006, the Family Court’s decision to base his support obligation on an imputed income higher than his 2007 salary was supported by evidence of his past employment history and demonstrated earning capacity (see *Matter of Maharaj-Ellis v Laroche,*54 AD3d 677 [2008]; *Matter of Solis v Marmolejos,*50 *939AD3d 691, 692 [2008]; *Fruchter v Fruchter,*29 AD3d 942, 943 [2006]; *Bittner v Bittner,*296 AD2d 516, 517 [2002]). Spolzino, J.P., Santucci, Angiolillo and Eng, JJ., concur.
(March 19, 2009)

#### The People of the State of New York, Respondent, v Lamar Ellis, Appellant.

[874 NYS2d 642]—

Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered April 17, 2006, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the fifth degree.

Defendant pleaded guilty to criminal sale of a controlled substance in the fifth degree and was sentenced, in accordance with a plea agreement, as a second felony offender to a three-year prison term. The basis for sentencing defendant as a second *1198felony offender was a February 1993 conviction of reckless endangerment in the first degree, which he admitted. On appeal, defendant claims that he was illegally sentenced as a second felony offender because neither the predicate felony statement filed by the People nor the sentencing minutes reflects the date he committed his prior felony or served his four-year period of incarceration.

Defendant correctly states that the second felony offender statement recites that defendant was previously convicted of reckless endangerment in the first degree in February 1993 without referencing the commission date of the prior offense or defendant’s ensuing period of incarceration. At sentencing, however, defense counsel readily acknowledged that he reviewed the presentence report, which clearly reflects that defendant was convicted of reckless endangerment in 1993 for a crime committed in September 1992 and that he was incarcerated between June 1993 and May 1997. Notably, defense counsel denied that the presentence report contained any errors or omissions.

Defense counsel further acknowledged at sentencing that he had received, and reviewed with defendant, the second felony offender statement and that defendant admitted this prior offense. No objection was raised to any omission in the statement, namely, its failure to state the commission date or defendant’s incarceration. Furthermore, at sentencing, County Court addressed defendant himself, specifically inquiring if he was convicted of reckless endangerment in February 1993 and if he was “a predicate offender for purposes of sentencing.” Defendant answered each inquiry in the affirmative.

In our view, the second felony offender statement, coupled with the undisputed facts set forth in the presentence report and all answers to County Court’s inquires by both defense counsel and defendant, establish that defendant had been convicted of a felony offense within the relevant statutory period as tolled by an intervening period of incarceration *(see People v McDowell,*56 AD3d 955 [2008]; *see also*CPL 400.21 [2]; Penal Law § 70.06 [1] [b] [iv], [v]). In other words, there being no actual dispute that defendant indeed served nearly four years in prison between June 1993 and May 1997 and that this period of incarceration adequately tolled the statutory period *(compare People v Hilts,*25 AD3d 1019 [2006]), defendant’s sentence will not be disturbed.

Mercure, J.P., Lahtinen, Kane, Stein and McCarthy, JJ., concur. Ordered that the judgment is affirmed.
IV 

111TH CONGRESS 

2D SESSION H. RES. 1060 

Congratulating Frank Buckles, America’s last surviving WWI veteran, on 

his 109th birthday on February 1, 2010. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2010 

Mr. POE of Texas (for himself, Mr. FALEOMAVAEGA, and Mr. BARRETT of 

South Carolina) submitted the following resolution; which was referred to 

the Committee on Veterans’ Affairs 

RESOLUTION 

Congratulating Frank Buckles, America’s last surviving WWI 

veteran, on his 109th birthday on February 1, 2010. 

Whereas Frank Buckles was born on a family farm in Harrison County, Missouri, in 1901; 

Whereas after several rejections, Buckles eluded a recruiter 

about his young age and enlisted in the Army when he 

was 16 years old; 

Whereas Buckles deployed with his fellow doughboys to the 

tune of America’s best-known WWI song, ‘‘Over There’’, 

on the Carpathia, the ship that rescued the only survivors 

of the Titanic; 

Whereas Buckles served as a motorcycle driver for dignitaries, an ambulance driver, and a prison guard while 

serving for the American Expeditionary Forces; 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•HRES 1060 IH 

Whereas Buckles returned to the United States in 1920 as 

a corporal; 

Whereas, while working as an assistant purser of the Western 

World steamship for the American President Lines, 

Buckles was captured by the Japanese as a civilian and 

became a prisoner of war during World War II; 

Whereas for 39 months Buckles survived on meager rations 

consisting of beans, rice, and worm-filled mush until his 

rescue by the 11th Airborne Division of the Army on 

February 23, 1945, the same day he was scheduled to be 

executed; 

Whereas after fighting in two world wars, Buckles settled in 

West Virginia as a farmer where his family ancestry 

dates back to the 1700s and where he worked the farm 

until the age of 102; 

Whereas Buckles dedicated his life so that other WWI veterans will be remembered; and 

Whereas his story embodies the self-sacrifice and patriotism 

that is at the very core of what it means to be an American: Now, therefore, be it 

1 Resolved, That the House of Representatives con2 gratulates Frank Buckles, America’s last surviving WWI 

3 veteran, on his 109th birthday on February 1, 2010. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS
EXHIBIT 32.1
 
 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
 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 Madison Ave. Media, Inc. (the "Company") on Form 10-Q for the period ending February 28, 2011 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, JAMES LINDSEY, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to ss. 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 result of operations of the Company.
 
 IN WITNESS WHEREOF, the undersigned has executed this certification as of the 14th day of April, 2011.
 
 
 /s/ JAMES LINDSEY
 Chief Executive Officer
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 101 Introduced in House (IH)]

111th CONGRESS
  1st Session
H. RES. 101

 Expressing the sense of the House of Representatives that the United 
 States Postal Service should discontinue the practice of contracting 
                      out mail delivery services.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2009

Mr. Sires (for himself, Ms. Schwartz, Mr. Moore of Kansas, Mr. Crowley, 
      Mr. Chandler, Ms. Pingree of Maine, Mr. Holt, Mr. Brady of 
  Pennsylvania, Mrs. Maloney, Mr. McGovern, Ms. Sutton, Ms. Moore of 
  Wisconsin, Mr. Wilson of Ohio, Mr. Burton of Indiana, Mr. Grijalva, 
  Mrs. Capps, Mr. Patrick J. Murphy of Pennsylvania, Ms. Woolsey, Mr. 
  Sherman, Mr. Driehaus, Mr. Courtney, Mr. Hall of New York, and Mr. 
 Carney) submitted the following resolution; which was referred to the 
              Committee on Oversight and Government Reform

_______________________________________________________________________

                               RESOLUTION

 
 Expressing the sense of the House of Representatives that the United 
 States Postal Service should discontinue the practice of contracting 
                      out mail delivery services.

Whereas letter carriers of the United States Postal Service provide mail 
        delivery service to over 144,000,000 homes and businesses across the 
        Nation;
Whereas the contracting out of mail delivery services is being increasingly 
        promoted by the Postal Service as a key business strategy for its core 
        function;
Whereas by contracting out letter carrier positions, the Postal Service is 
        bypassing the hiring process that ensures that only qualified people 
        handle America's mail;
Whereas the contracting out of mail delivery services limits the ability of the 
        Postal Service to prevent, investigate, and prosecute mail theft, mail 
        fraud, and other illegal uses of the mail; and
Whereas the protection of our mail delivery services is a vital component of our 
        national security: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives that 
the United States Postal Service should discontinue the practice of 
contracting out mail delivery services.
                                 <all>
```
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1027 Engrossed in House (EH)]

H. Res. 1027

                In the House of Representatives, U. S.,

                                                        March 19, 2010.
Whereas Captain Don Walsh, USN (ret.), Ph.D., and Jacques Piccard piloted the 
        United States Navy's Trieste bathyscaphe to reach the deepest point in 
        the world's oceans and remain the only two humans to ever achieve this 
        historic feat;
Whereas Captain Walsh is the recipient of two Presidential Legion of Merit 
        Awards and numerous honors and continues to explore the world;
Whereas Jacques Piccard is a hero in his home country of Switzerland;
Whereas Jacques Piccard passed away in November 2008, but the Piccard Family 
        contribution and influence to marine science and exploration continues 
        today;
Whereas the Mariana Trench has been designated as the Mariana Trench Marine 
        National Monument and remains one of the world's most ecological and 
        environmental treasures; and
Whereas only five percent of the ocean floor has been explored, but the need to 
        continue to research the world's oceans and educate the next generation 
        of explorers remains important to the United States in order to continue 
        to unlock the secrets of the earth's oceans and ecosystems: Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (1) recognizes the 50th anniversary of the dive to the Challenger 
        Deep in the Mariana Trench and its valuable and historic scientific 
        contributions;
            (2) recognizes the lifetime achievements of Capt. Don Walsh and 
        Jacques Piccard and their contributions to the furtherance of ocean 
        science, ocean engineering, human exploration, and a better 
        understanding of the planet;
            (3) recognizes the Mariana Trench as one of the world's great ocean 
        classrooms and the need to continue to explore its depths that can lead 
        to great scientific discoveries; and
            (4) recognizes the commitment of the United States to continue to 
        educate the future leaders in ocean science and human exploration.
            Attest:

                                                                          Clerk.
```
UNITED STATESSECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549



---

FORM 8-K

---



CURRENT REPORT



Pursuant to Section 13 or 15(d) of the

Securities Exchange Act of 1934



January 19, 2007

Date of Report



---

AVAX TECHNOLOGIES, INC.

(Exact name of Registrant as specified in its charter)





Delaware
        000-29222
        13-3575874(State or other jurisdiction
of incorporation)
        (Commission File Number)
        (IRS Employer
Identification Number)




2000 Hamilton Street

Suite 204

Philadelphia, PA  19130

(Address of principal executive offices, including zip code)



(215) 241-9760

(Registrants telephone number, including area code)



---

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below):



oWritten communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425).



oSoliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12).



oPre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)).



oPre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)).





---

Item 8.01
        Other Events.




AVAX Technologies, Inc. (the Company) regrettably announces the death of Dr. Andres Crespo, the Chief Executive Officer of AVAX subsidiary Genopoeitic SAS based in Lyon, France. Dr. Crespo was also an investor in and served as an integral part of the Company.



Dr. Crespo and his dedication, desire and commitment will be missed greatly by the Board of Directors of the Company, all the Companys employees, and especially by the team that he built at Genopoeitic. Dr. Crespo represented for the Company the true spirit of loyalty and hard work that was the foundation for a small company, such as AVAX, to achieve success. Dr. Crespo undertook every responsibility with integrity, foresight and consummate professionalism, and his leadership over the course of his involvement in the Company was exemplary to all.



Prior to his duties at Genopoeitic Dr. Crespo was in charge of biopharmaceutical production for Rhône-Poulenc and later Rhône-Poulencs Gencell division, where he was responsible for organizing the coordination of the various Rhône-Poulenc laboratories specializing in gene therapy. Dr. Crespo was also in charge of the GMP production of gene therapy vectors while at Rhône-Poulenc. Dr. Crespo received his M.Sc. and Ph.D. in Pharmaceutical Sciences from the University of Toulouse.



-1-

---

SIGNATURES



Pursuant to the requirements of the Securities Exchange Act of 1934, the Registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.





AVAX TECHNOLOGIES, INC.Date:  January 19, 2007.
        
        By:
        /s/ Richard P. RaineyName:
        Richard P. RaineyTitle:
        President








-2-

---