alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### CITY OF LAKE OZARK, MISSOURI; Wally Schrock; Robert Ashford; Michael Luby, Appellees, v. Robert SINGLETON; Justin Olsen, Appellants.

No. 07-1819.

United States Court of Appeals, Eighth Circuit.

Submitted: Jan. 18, 2008.

Filed: Sept. 15, 2008.

*522Michael P. O’Neill, Florissant, MO, for appellants.

Diana C. Carter, Brydon, Swearengen & England, P.C., Jefferson City, MO, for ap-pellees City of Lake Ozark, Schrock and Ashford.

Michael G. Berry, Michael G. Berry, L.L.C., Jefferson City, MO, for appellee Luby.

Before WOLLMAN, BRIGHT, and SMITH, Circuit Judges.

PER CURIAM.

Robert Singleton and Justin Olsen appeal from the district court’s1 adverse grant of summary judgment on their 42 U.S.C. § 1983 claim against the City of Lake Ozark, Missouri, Wally Schrock, Robert Ashford, and Michael Luby. Having reviewed the record *de 'aovo*and considered the arguments raised by the appellants, we conclude that the district court’s order contains no error of fact or law and thus should be affirmed.

Singleton and Olsen also appeal from the dismissal without prejudice of Rudy Rodriguez, whom they failed to serve within 120 days after filing the complaint. The district court put Singleton and Olsen on notice that the complaint was subject to dismissal and properly exercised its discretion when it *sua sponte*dismissed the complaint without prejudice under Federal Rule of Civil Procedure 4(m). *See Norsyn, Inc. v. Desai,*351 F.3d 825, 830-31 (8th Cir.2003)(holding that the district court did not abuse its discretion when it dismissed the case without prejudice because the plaintiff failed to properly serve the defendant within 120 days after filing the complaint).

Finally, we note that “[district courts have broad discretion to set filing deadlines and enforce local rules.” *Reasonovev v. St. Louis County, Mo.,*447 F.3d 569, 579 (8th Cir.2006). Singleton and Olsen moved for leave to amend their summary judgment response well after the completion of summary judgment briefing. The district court granted their motion, but as a sanction for the delay in seeking leave, it ordered Singleton and Olsen to pay any attorney’s fees incurred by the defendants in preparing an amended reply. Federal Rule of Civil Procedure 16(f)(2) authorizes the district court to impose such a sanction, and Singleton and Olsen will not now *523be heard to complain that the district court’s order somehow prejudiced them when they were granted leave to amend but chose not to do so.

The judgment is affirmed. *See*8th Cir. R. 47B.

1

. The Honorable Nanette K. Laughrey, United States District Judge for the Western District of Missouri.
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 accompanying Quarterly Report of Must Haves, Inc. (the Company) on Form 10-Q for the three months ended March 31,
2009, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Stella Gostfrand, as Principal Executive Officer and Principal Financial Officer of Must Haves, Inc., certify, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, 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 fully presents, in all material respects, the financial condition and results of operations of Must Haves, Inc.



|                   |  |                                                            
|------------------ |  | -----------------------------------------------------------
|Date: May 20, 2009 |  | /s/ Stella Gostfrand                                       
|                   |  | Principal Executive Officer and Principal Financial Officer



15
Exhibit
10.25

     

    Summary
of Mortgage Agreement

     

    [Unofficial
Translation]

     

    Parties:

     

    Industrial
Bank Co., Ltd., Tianjin Branch (“Industrial Bank”)

     

    Tianjin
Shengkai Industrial Technology Development Co., Ltd.(“Shengkai”)

     

    Date:

     

    December
10, 2009

     

    Material
Terms:

     

    In
conjunction with the LOC Agreement, Shengkai entered into a mortgage agreement
for a maximum of RMB 8,682,000 with the Industrial Bank to secure repayment of
the LOC Agreement on December 10, 2009.  The collateral covered by the
agreement is certain real property owned by Shengkai, valued at RMB17,540,000
and located at Wanggang Road, Shuanggang Economic Development Zone, Jinnan
District, Tianjin, PRC.  The mortgage agreement is valid from December
10, 2009 until all the principal, interest, and other expenses under the LOC
Agreement are paid in full.
EXHIBIT 32: Rule 13a-14(b) Certifications   The undersigned officers certify that this report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934, and that the information contained in the report fairly presents, in all material respects, the financial condition and results of operations of China Huaren Organic Products, Inc.  A signed original of this written statement required by Section 906 has been provided to China Huaren Organic Products, Inc. and will be retained by China Huaren Organic Products, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.   April 17, 2007 /s/ Fang Jinzhong Fang Jinzhong (Chief Executive Officer and Chief Financial Officer)
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1222 Engrossed in House (EH)]

H. Res. 1222

                In the House of Representatives, U. S.,

                                                        April 13, 2010.
Whereas the Nation's school, academic, public, and special libraries make a 
        difference in the lives of millions of people in the United States, 
        today, more than ever;
Whereas librarians are trained professionals, helping people of all ages and 
        backgrounds find and interpret the information they need to live, learn, 
        and work in a challenging economy;
Whereas libraries are part of the American Dream, places for opportunity, 
        education, self-help, and lifelong learning;
Whereas according to a December 2008 National Center for Education Statistics 
        (NCES) report, public library use increased to 1,400,000,000 visits 
        nationwide during fiscal year 2006, among all types of library users, 
        continuing a long term trend of increased library usage;
Whereas libraries play a vital role in supporting the quality of life in their 
        communities;
Whereas libraries help people of all ages discover a world of knowledge, both in 
        person and online, as well as provide personal service and assistance in 
        finding needed information;
Whereas libraries are a key player in the national discourse on intellectual 
        freedom and equity of access;
Whereas libraries are narrowing the ``digital divide'', by providing no-fee 
        public computer and Internet access to accommodate the growing need for 
        access to digital and online information, including e-government, 
        continuing education, and employment opportunities;
Whereas in 71 percent of communities, libraries have the only no-fee public 
        computers; and
Whereas libraries, librarians, library workers, and supporters across the United 
        States will celebrate National Library Week, April 11-17, 2010: Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (1) supports the goals and ideals of National Library Week;
            (2) encourages all residents to visit a library to take advantage of 
        the wonderful library resources available, and to thank their librarians 
        and library workers for making information accessible to all who walk 
        through the library's doors; and
            (3) supports librarians' efforts to ensure that all Americans can 
        continue to access 21st century library services in school, public, 
        academic, and special libraries.
            Attest:

                                                                          Clerk.
```
EXHIBIT
23.4





Consent
of Independent Petroleum Engineers and Geologists





We hereby consent to the use of the
name Netherland, Sewell & Associates, Inc., the reference to our reserve
estimate report for Aurora Oil & Gas Corporation (f/k/a Cadence Resources
Corporation) (the "Company") dated February 6, 2006, and the use of information
contained therein in the Form 10-K to be filed on or about March 13,
2009.




We also
consent to the incorporation by reference of the Form 10-K containing the
foregoing into the Form 3 Registration Statements filed by the Company on
December 21, 2007 (File Nos. 333-129695 and 333-130769) and any amendments to
these Form 3 Registration Statements.





Dallas,
Texas


March 10,
2009




NETHERLAND,
      SEWELL & ASSOCIATES, INC./s/ C.H. (Scott) Rees III,
    P.E.C.H.
      (Scott) Rees III, P.E.Chairman
      and Chief Executive
Officer
```

[Federal Register: April 21, 1997 (Volume 62, Number 76)]
[Notices]
[Page 19311]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap97-46]

-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: 2:00 p.m., Monday, May 19, 1997.

PLACE: 1155 21st St., N.W., Washington, D.C., 9th Fl. Conference Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Adjudicatory Matters.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 97-10348 Filed 4-17-97; 1:18 pm]
BILLING CODE 6351-01-M
```

----

**======== RETURN TO    INDEX ========**

----
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 accompanying Quarterly Report on Form 10-Q/A of iTrackr
Systems, Inc. for the fiscal quarter ending March 31, 2010, I, John Rizzo, Chief
Executive Officer of iTrackr Systems, Inc., hereby certify pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, to the best of my knowledge and belief, that:




1.           Such
Quarterly Report on Form 10-Q/A for the fiscal quarter ending March 31, 2010,
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 such Quarterly Report on Form 10-Q/A for the fiscal
quarter ending March 31, 2010, fairly presents, in all material respects, the
financial condition and results of operations of iTrackr Systems,
Inc.




Dated:
October 18, 2010




/s/John
      RizzoJohn
      Rizzo, Chief Executive Officer ofiTrackr
      Systems, Inc.
```

[Federal Register: July 20, 1999 (Volume 64, Number 138)]
[Notices]
[Page 38893]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jy99-48]

=======================================================================
-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meeting

AGENCY HOLDING THE MEETING: Commodity Futures Trading Commission.

TIME AND DATE: 2:00 p.m., Tuesday, July 20, 1999.

PLACE: 1155 21st St., N.W., Washington, D.C., 9th Floor Conference
Room.

STATUS: Closed.

MATTERS TO BE CONSIDERED: Rule Enforcement Review.

CONTACT PERSON FOR MORE INFORMATION: Jean A. Webb, 202-418-5100.
Catherine D. Dixon,
Assistant Secretary of the Commission.
[FR Doc. 99-18594 Filed 7-16-99; 2:40 pm]
BILLING CODE 6351-01-M
```

----

**======== RETURN TO INDEX    ========**

----
[Federal Register Volume 66, Number 110 (Thursday, June 7, 2001)]
[Notices]
[Page 30723]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14341]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP01-432-000]


Columbia Gas Transmission Corporation; Notice of Proposed Changes 
in FERC Gas Tariff

June 1, 2001.
    Take notice that on May 29, 2001, Columbia Gas Transmission 
Corporation (Columbia) filed to its FERC Gas Tariff, Second Revised 
Volume No. 1, the following revised tariff sheet bearing a proposed 
effective date of June 1, 2001:

First Revised First Revised Sheet No. 500B

    Columbia states that is submitting FTS Service Agreement Nos. 2000-
10-30-0026 and 2000-10-30-0031 which are agreements for firm 
transportation to be provided by Columbia to first Energy Trading 
Services Inc. (First Energy). As directed by the Commission's order in 
Columbia's Docket No. CP01-70, Columbia is re-filing the First Energy 
service agreements as non-conforming service agreements to be effective 
June 1, 2001. Columbia Gas Transmission Corp., 95 FERC para. 61,218, 
mimeo at p. 15 and p. 18. Columbia filed these service agreements on 
March 27, 2001 in Docket No. CP01-70. As stated in Columbia's Docket 
No. CP01-70, these firm service arrangements enable First Energy to 
generate electricity at its West Lorain Generating Station effective 
June 1.
    Columbia states that copies of its filing have been mailed to all 
firm customers, interruptible customers, and affected state 
commissions.
    Any person desiring to be heard or to protest said filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with sections 385.214 or 385.211 of the Commission's 
Rules and Regulations. All such motions or protests must be filed in 
accordance with section 154.210 of the Commission's Regulations. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceedings. Any person wishing to become a party must 
file a motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection in the Public 
Reference Room. The filing may be viewed on the web at http://www.ferc.fed.us/online/rims.htm (call 202-208-2222 for assistance). 
Comments, protests, and interventions may be filed electronically via 
the internet in lieu of paper. See, 18 CFR 385.2001(a)(1)(iii) and the 
instructions on the Commission's web site at http://www.ferc.fed.us/efi/doorbell.htm.

David P. Boergers,
Secretary.
[FR Doc. 01-14341 Filed 6-6-01; 8:45 am]
BILLING CODE 6717-01-M
* Pursuant to 5 TH C IR . R. 47.5, the court has determined

that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED April 21, 2004 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 03-50928 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus EDUARDO FELICIANO ORTIZ-GRAJEDA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. EP-03-CR-370-ALL-PRM

-------------------- Before JOLLY, JONES, and SMITH, Circuit Judges.
PER CURIAM: * Eduardo Feliciano Ortiz-Grajeda appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Ortiz-Grajeda argues that his prior removal hearing deprived him of due process and therefore that the removal may not be used to establish an element of the charge that he was in the United States unlawfully after removal. Ortiz-Grajeda also argues that his sentence violated due process because it exceeded theNo. 03-50928 -2- statutory maximum sentence for the offense charged in the indictment. He concedes that his arguments are foreclosed by Fifth Circuit precedent. Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998); United States v. Lopez-Ortiz , 313 F.3d 225 (5th Cir. 2002), cert. denied , 537 U.S. 1135 (2003). He raises these issues solely to preserve them for possible further review. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that an appellee’s brief not be required. The motion is GRANTED. The judgment of the district court is AFFIRMED.
AFFIRMED; MOTION GRANTED.
| DOCUMENT NUMBER: | 80 |
|------------------|----|

|  | H. Theberge, Office of          Information Resource Management, to D. Huseman, |
|--|----------------------------------------------------------------------------------|

|  | FutureCom, Office of          Information Resource Management Review of FutureCom |
|--|------------------------------------------------------------------------------------|

|  | Responses in Letter of          11/04/1998 |
|--|---------------------------------------------|

| DATE: |  | 1/7/99 | PAGES: |  | 5 | PDF SIZE: |  | 190 KB | PDF LINK: |
|-------|--|--------|--------|--|---|-----------|--|--------|-----------|

| **--------------------------------------------------------------------------------------------------** |
|--------------------------------------------------------------------------------------------------------|

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Exhibit 10.1



CERTIFICATION OF
PASQUALE PISTORIO, PRESIDENT AND CHIEF EXECUTIVE OFFICER OF STMICROELECTRONICS N.V. AND MAURIZIO GHIRGA, GROUP VICE PRESIDENT AND CHIEF FINANCIAL OFFICER OF STMICROELECTRONICS N.V., PURSUANT TO SECTION 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 STMicroelectronics N.V. (the Company) on Form 20-F for the period ending December 31, 2002, as filed with the Securities and Exchange Commission on the date hereof (the Report), the
undersigned hereby certify that to the best of our knowledge:



1. The Report fully complies with the requirements of Section 13(a) 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.



|Date: March 14, 2003 |  |        |  | /s/ PASQUALE PISTORIO                           
|-------------------- |  | ------ |  | ------------------------------------------------
|                     |  | Name:  |  | Pasquale Pistorio                               
|                     |  | Title: |  | President and Chief Executive Officer           
|                    
|Date: March 14, 2003 |  |        |  | /s/ MAURIZIO GHIRGA                             
|                     |  | Name:  |  | Maurizio Ghirga                                 
|                     |  | Title: |  | Group Vice President and Chief Financial Officer
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 1262 Engrossed in House (EH)]

H. Res. 1262

                In the House of Representatives, U. S.,

                                                        April 21, 2010.
Whereas the people of the State of Washington experienced a tragedy on April 2, 
        2010, when a fire occurred at the Tesoro refinery in Anacortes, 
        Washington;
Whereas a team of seven Tesoro employees was working in the refinery's naphtha 
        hydrotreater when the fire occurred;
Whereas three of these individuals died immediately in the fire, three more died 
        of their injuries, and one more remains in intensive care after 
        suffering severe burns;
Whereas the fire was quickly brought under control by Tesoro's fire control team 
        and local first responders;
Whereas Federal, State and local government agencies, including the Chemical 
        Safety Board, the United States Environmental Protection Agency, and the 
        Washington State Department of Labor and Industries, are conducting 
        investigations to determine the cause of the incident and to ensure that 
        the risk of similar incidents is minimized in the future;
Whereas the Tesoro refinery in Anacortes has temporarily shut down due to the 
        damage sustained; and
Whereas Tesoro and the Skagit Community Foundation have established the Tesoro 
        Anacortes Refinery Survivors Fund, and the United Steelworkers Local 12-
        591 has established the Tesoro Incident Family Fund to support the 
        victims of the fire and their families: Now, therefore, be it
    Resolved, That the House of Representatives--
            (1) expresses condolences to the families, friends, and loved ones 
        of the victims of the fire at the Tesoro refinery in Anacortes, 
        Washington;
            (2) honors Matthew C. Bowen, Darrin J. Hoines, Daniel J. Aldridge, 
        Kathryn Powell, Lew Janz, and Donna Van Dreumel who died as a result of 
        the fire;
            (3) offers best wishes to Matt Gumbel, who suffered severe burns and 
        is recovering at Harborview Medical Center in Seattle; and
            (4) expresses sympathies to the people of Anacortes, the entire 
        State of Washington, and the Nation who grieve for the victims.
            Attest:

                                                                          Clerk.
```
IN THE SUPREME COURT OF PENNSYLVANIA

EASTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

JEFFERY FULTON,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 364 EAL 2023

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 9th day of April, 2024, the Petition for Allowance of Appeal is 

DENIED.
#### UNITED STATES of America, Plaintiff-Appellee v. Jose Santo Perez PANIAGUA, also known as Edwardo Chavez, also known as Jose Santo Felepe Paniag Perez, also known as Eduardo Chavez, also known as Jose Santo Perez, also known as Jose Perez, Defendant-Appellant.

No. 09-20805

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 22, 2010.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Federal Public Defender’s Office, Houston, TX, for Defendant-Appellant.

Before REAVLEY, DENNIS, and CLEMENT, Circuit Judges.

PER CURIAM: *

Jose Santo Perez Paniagua (Perez Pan-iagua) pleaded guilty to illegally reentering the United States and was sentenced to a prison term of 33 months, at the bottom of the guidelines range, to be followed by three years of supervised release. He appeals his sentence, arguing that the district court improperly determined that his second state conviction for simple drug possession was an aggravated felony for purposes of U.S.S.G. § 2L1.2(b)(l)(C)’s eight-level offense-level enhancement.

In his opening brief, Perez Paniagua correctly conceded that this argument was foreclosed by our then-current precedent. Shortly after Perez Paniagua filed his brief, however, the Supreme Court decided *Carachuri-Rosendo v. Holder,*— U.S. -, 130 S.Ct. 2577, 177 L.Ed.2d 68 (2010), holding that a second state offense for simple drug possession is not an aggravated felony where that conviction “has not been enhanced based on the fact of a prior conviction.” *Carachuri-Rosendo,*130 S.Ct. at 2589. In its brief, the Government acknowledges that the record does not establish that Perez-Paniagua’s second simple drug-possession conviction was based on his prior simple possession offense. The Government thus concedes that the case should be remanded for re-sentencing.

Accordingly, Perez Paniagua’s sentence is VACATED and the case is REMANDED FOR RESENTENCING.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.