alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANTHONY COLEMAN, 

Plaintiff-Appellant, 

 v. 

THE BANK OF NEW YORK MELLON, 

FKA Bank of New York, as Trustee for 

American Home Mortgage Investment Trust 

2004-4 Mortgaged Backed Notes, Series 

2004-4; et al., 

Defendants-Appellees.

No. 18-16915 

D.C. No. 2:16-cv-01339-RFB-GWF 

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Richard F. Boulware II, District Judge, Presiding

Submitted March 3, 2020**

Before: MURGUIA, CHRISTEN, and BADE, Circuit Judges. 

Anthony Coleman appeals pro se from the district court’s summary 

judgment in his action alleging federal and state law claims arising out of 

* This disposition is not appropriate for publication and is not precedent 

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

MAR 13 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 18-16915 

foreclosure proceedings. We have jurisdiction under 28 U.S.C. § 1291. We 

review de novo. Gorman v. Wolpoff & Abramson, LLP, 584 F.3d 1147, 1153 (9th 

Cir. 2009). We affirm.

The district court properly granted summary judgment on Coleman’s state 

law claims because Coleman failed to raise a genuine dispute of material fact as to 

whether he has standing to challenge the assignments of the deed of trust or 

whether MERS’s involvement rendered the assignments improper. See Wood v. 

Germann, 331 P.3d 859, 862 (Nev. 2014) (under Nevada law, because “the 

homeowner is neither a party to nor an intended beneficiary of the [Pooling and 

Servicing Agreement], the homeowner lacks standing to contest the assignment’s 

validity”); Edelstein v. Bank of N.Y. Mellon, 286 P.3d 249, 260-61 (Nev. 2012) 

(explaining that MERS’s assignment of the deed of trust along with the promissory 

note demonstrates valid transfer of both instruments). 

Coleman abandoned his claims under the Truth In Lending Act and the Fair 

Debt Collection Practices Act by failing to provide any argument regarding these 

claims in his opposition to defendants’ motion for summary judgment. See Shakur 

v. Schriro, 514 F.3d 878, 892 (9th Cir. 2008) (claims not raised in opposition to 

summary judgment are deemed abandoned).

We do not consider matters not specifically and distinctly raised and argued 

in the opening brief, or arguments and allegations raised for the first time on
3 18-16915 

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Coleman’s motion to withdraw the motion to dismiss (Docket Entry No. 22) 

is granted. Accordingly, Coleman’s request for voluntary dismissal of the appeal 

(Docket Entry No. 20) is denied as moot. 

AFFIRMED.
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

M EMORANDUM O RDER

Appellate case name: In the Interest of S.A.W.

Appellate case number: 01

- 22

- 00320

- CV

Trial court case number: 2020

- 46728

Trial court: 507th District Court of Harris County

On September 8, 2022, the Court received the appearance of new counsel for appellant in

the above

- referenced appeal. Considering counsel’s recent appointment, the Court orders that

appellant’s brief is due on or before September 29, 2022

.

Because this Court must dispose of appeals from the termination of parental rights on an

expedited basis, motions to extend the briefing deadlines in this appeal are discouraged.

It is so ORDERED.

Judge’s signature: /s Sarah Beth Landau

 Acting individual ly  Acting for the Court

Date: September 9, 2022
EXHIBIT 32.1  CERTIFICATIONS PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)   Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned officers of Portlogic Systems Inc., a Nevada corporation (the "Company"), does hereby certify, to such officer's knowledge, that:  The quarterly report on Form 10-Q for the nine month period ended February 28, 2011 (the "Form 10-Q") of the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.   Date: April 19, 2011  /s/  Rafik Jallad ------------------------------------- By:  Rafik Jallad Chief Executive Officer   Date: April 19, 2011  /s/  Jueane Thiessen ------------------------------------- By:  Jueane Thiessen Principal Accounting Officer, and Treasurer
EXHIBIT 32.1


                           SECTION 1350 CERTIFICATION


     In connection with the Quarterly Report of Palmdale  Executive Homes, Corp.
(the  "Company") on Form 10-Q for the quarter ending June 30, 2008 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
Suzette M.  Major,  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, to 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.


Date: July 17, 2008



                                        By: /s/ SUZETTE M. MAJOR
                                            ________________________________
                                                Suzette M. Major
                                                President
No. 681.

#### Shaw *v.*Dreyfus et al.

C. A. 2d Cir.

*Morris J. Levy*for petitioner.

*John A. Wilson*for respondents.

Certiorari denied.
<PAGE>

                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

         We consent to the incorporation by reference in the Registration
         Statement on Form S-3 (No. 333-40665) and the Registration Statement on
         Form S-8 (No. 333-50571) which were previously filed by Vyrex
         Corporation (the "Company") of our report on our audits of the
         financial statements of the Company as of December 31, 1999 and for the
         year then ended and for the period from January 2, 1991 (inception)
         through December 31, 1999, dated March 22, 2000, which report appears
         elsewhere in this Annual Report on Form 10-KSB of the Company for the
         fiscal year ended December 31, 1999, and contained an explanatory
         paragraph raising substantial doubt as to the Company's ability to
         continue as a going-concern.


                                                                   J.H. COHN LLP


        San Diego, California
        March 29, 2000
U.S. COMMODITY FUTURES TRADING COMMISSION

Three Lafayette Centre

1155 21st Street, NW, Washington, DC 20581

www.cftc.gov

Office of 

Proceedings

____________________________________

WENDY BRYAN, DAVID BRYAN, *

CHRIS FRANZ, *

DONG SUNG HONG, CHRIS LYNCH, *

TIM MARZANEC, FRES OQUENDO, *

MATT OTTO, JOHN PANGERE, and *

ANGELO REYNOLDS, * CFTC Docket No. 12-R021

Complainants, *

*

CUNNINGHAM COMMODITIES LLC, *

and ROSENTHAL COLLINS GROUP LLC,*

Respondents. *

____________________________________*

ORDER OF DISMISSAL

The parties have amicably settled this matter, stipulated that all matters have been 

resolved, and requested that this matter be dismissed. Accordingly, this matter is hereby 

dismissed.

Dated August 1, 2013.

Philip V. McGuire

Philip V. McGuire

Judgment Officer
Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: STANLEY KROLL 

DOCKET NUMBER: 173 

DATE: AUGUST 17, 1970 

DOCUMENT TYPE: CEASE AND DESIST ORDER 

Docket No. 173 

Name: Stanley Kroll 

Effective On or about August 17, 1970. 

Respondent Stanley Kroll shall cease and desist from wilfully causing, 

aiding, counselling, commanding or inducing respondent Kroll, Dalon & Co., Inc., 

or any other futures commission merchant, to engage in any act or practice from 

which the said respondent corporation is directed to cease and desist by this 

order. 

This order shall become effective on the date of service of a copy thereof 

upon respondents. 

Done at Washington, D. C. 

AUG 12 1970 

[SEE SIGNATURE IN ORIGINAL] 

Thomas J. Flavin 

Judicial Officer 

LOAD-DATE: June 16, 2008 
Page 2 
Page 3
# CE2012188EN.01011301.xml

| 28.6.2012 | EN | Official Journal of the European Union | CE 188/113 |
| --- | --- | --- | --- |

28.6.2012

EN

Official Journal of the European Union

CE 188/113

---

Thursday 17 February 2011Free trade agreement between the EU and the Republic of Korea ***

P7_TA(2011)0063

European Parliament legislative resolution of 17 February 2011 on the draft Council decision on the conclusion of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (08505/2010 – C7-0320/2010 – 2010/0075(NLE))

2012/C 188 E/31

(Consent)

The European Parliament,

The European Parliament

| — | having regard to the draft Council decision (08505/2010), |
| --- | --- |

—

having regard to the draft Council decision (08505/2010),

| — | having regard to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (08530/2010), |
| --- | --- |

—

having regard to the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (08530/2010),

| — | having regard to the request for consent submitted by the Council in accordance with Articles 91, Article 100(2), Article167(3), Article 207 and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C7-0320/2010), |
| --- | --- |

—

having regard to the request for consent submitted by the Council in accordance with Articles 91, Article 100(2), Article167(3), Article 207 and Article 218(6), second subparagraph, point (a)(v), of the Treaty on the Functioning of the European Union (C7-0320/2010),

| — | having regard to Rules 81 and 90(8) of its Rules of Procedure, |
| --- | --- |

—

having regard to Rules 81 and 90(8) of its Rules of Procedure,

| — | having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Industry, Research and Energy (A7-0034/2011), |
| --- | --- |

—

having regard to the recommendation of the Committee on International Trade and the opinion of the Committee on Industry, Research and Energy (A7-0034/2011),

| 1. | Consents to conclusion of the agreement; |
| --- | --- |

1.

Consents to conclusion of the agreement;

| 2. | Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Korea. |
| --- | --- |

2.

Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Republic of Korea.

---
ActiveUS 161570234v.1


Cantor Futures Exchange, L.P.
Rule Amendment Submission 2017-5
September 29, 2017

I, The text of the rule changes to the Cantor Futures Exchange, L.P. Rulebook is attached.
Deletions are stricken through. This amendment has been approved by Cantor Futures Exchange,
L.P. Capitalized terms, unless otherwise defined herein shall possess the meaning(s) ascribed in
the Cantor Futures Exchange, L.P. Rulebook.

2. The proposed effective date is ten business days after receipt by the Commodity Futures
Trading Commission of this submission.

3 Attached, please find a certification that: (1) these rules comply with the Commodity
Exchange Act, and the Commission’s regulations thereunder; and (2) concurrent with this
submission, Cantor Futures Exchange, L.P. posted on its website: (i) a notice of pending
certification of the rule submissions with the Commission; and (ii) a copy of this submission.

4, A concise explanation and analysis of the operation, purpose, and effect of the amended
tule appears below.

5: There were no opposing views expressed regarding these amended rules.

CONCISE EXPLANATION AND ANALYSIS OF THE OPERATION, PURPOSE, AND
EFFECT OF THE CERTIFIED RULE AND ITS COMPLIANCE WITH APPLICABLE
PROVISIONS OF THE ACT, INCLUDING CORE PRINCIPLES AND THE COMMISSION’S
REGULATIONS THEREUNDER

Pursuant to Commission Rule 40.6(a)(7)(vi), the following is a concise explanation and analysis of
the operation, purpose, and effect of the amended rules.

On March 17, 2015, Cantor Futures Exchange, L.P. (“CX”) by submission 2015-3 certified to the
Commodity Futures Trading Commission (“Commission”) the listing of the “Silver Digital Flex
Swaps Contract.” Although CX intended to list the contract for trading shortly after the
certification became effective, the contract was never listed. Accordingly, in light of the current
absence of commercial demand for the contract, CX has determined to certify the removal of
Chapter IX-2100 (the terms and conditions of the Silver Digital Flex Swaps Contract) in its
entirety. Insofar as the contract has never been listed for trading (and there is no open interest)
delisting the contract raises no issues under the Core Principles for Designated Contract Markets
under section 5(d) of the Act.


CERTIFICATIONS PURSUANT TO SECTION Sc OF THE COMMODITY EXCHANGE ACT,
7 U.S.C. §7A-2 AND COMMODITY FUTURES TRADING COMMISSION RULE 40.6, 17
C.F.R. §40.6

Thereby certify that:

(1) the amended Rules above comply with the Commodity Exchange Act, and the
Commodity Futures Trading Commission’s regulations thereunder; and

(2) concurrent with this submission, Cantor Futures Exchange, L.P. posted on its
website: (a) a notice of pending certification of the above Rules with the
Commission; and (b) a copy of this submission.

pean Bachlrese

7 j) SS
& Gregor Buchberger

Title: Chief Regulatory Officer
Date: September 29, 2017



Attachment —Rule Amendment

(Deletions are struck through)

CANTOR FUTURES EXCHANGE, L.P.
CHAPTER IX
CONTRACTS
Exhibit
31.1





Section
302 Certification of Chief Executive Officer and Chief Financial
Officer





I, Ronald
A. Davis, certify that:





1.   I
have reviewed this quarterly report on Form 10-Q of Bella Viaggio,
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 officers and I; are responsible for establishing
and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-14 and 15d-14) for the registrant and have:





a)
            designed
      such disclosure controls and procedures 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
      as of a date within 90 days prior to the filing date of this report (the
      "Evaluation Date"); and





c)
            presented
      in this report our conclusions about the effectiveness of the disclosure
      controls and procedures based on our evaluation as of the Evaluation
      Date;





5.   The
registrant's other certifying officers and I have disclosed, based on our most
recent evaluation, 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 in the design or operation of internal
      controls which could adversely affect the registrant's ability to record,
      process, summarize and report financial data and have identified for the
      registrant's auditors any material weaknesses in internal controls;
      and





b)
            any
      fraud, whether or not material, that involves
      management     or other employees who have a
      significant role in the
      registrant's      internal
      controls.





6.   The
registrant's other certifying officers and I have indicated in this report
whether or not there were significant changes in  internal controls or
in other factors that could significantly affect internal controls subsequent to
the date of our most recent evaluation, including any corrective actions with
regard to significant efficiencies and material weaknesses.








Date: May
13, 2008








/s/
Ronald A. Davis


Ronald A.
Davis


Chief
Executive Officer and


Chief
Financial Officer








---
Page 1 

Commodity Futures Trading Commission 

CEA CASES 

NAME: CLAUD WILKES 

CITATION: 10 Agric. Dec. 329 

DOCKET NUMBER: 52 

DATE: MARCH 2, 1951 

DOCUMENT TYPE: STAY ORDER 

(No. 2718) 

In re CLAUD WILKES. CEA Doc. No. 52. Decided March 2, 1951. 

Stay Order -- Suspension of Effective Date of Prior Order

Effective date of the order of February 12, 1951, is stayed pending the 

outcome of respondent's appeal from the prior decision and order. 

Kelleher, Hurley & Kohlmeyer, New Orleans, Louisiana, for respondent. Mr. Benj. 

M. Holstein for Commodity Exchange Authority. 

Decision by Thomas J. Flavin, Judicial Officer

STAY ORDER

On March 2, 1951, respondent in this proceeding filed an appeal in the United 

States Court of Appeals for the Fifth Circuit from the decision and order 

entered on February 12, 1951, suspending the respondent's trading privileges for 

60 days commencing on March 14, 1951. In view of the filing of the appeal, the 

order of February 12, 1951, is stayed pending the outcome of the appeal. 

LOAD-DATE: June 8, 2008 
Page 2
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.                  

###### National Aeronautics and Space Administration

###### [Notice 01-072] 

# AGENCY:

National Aeronautics and Space Administration. 

# ACTION:

Notice of availability of inventions for licensing. 

# SUMMARY:

The inventions listed below are assigned to the National Aeronautics and Space Administration, have been filed in the United States Patent and Trademark Office, and are available for licensing. 

# DATES:

June 14, 2001. 

# FOR FURTHER INFORMATION CONTACT:

John Kusmiss, Patent Counsel, NASA Management Office-JPL, 4800 Oak Grove Drive, Mail Stop 180-801, Pasadena, CA 91109; telephone (818) 354-7770. 

*NASA Case No. NPO-21015-1:*                         High Capacity Electrode Materials for Thin Film Batteries Compatible With Integrated Circuit Manufacturing.                     

Dated: June 4, 2001.

Edward A. Frankle,

General Counsel.

[FR Doc. 01-15015 Filed 6-13-01; 8:45 am] 

BILLING CODE 7510-01-P
Exhibit 32.1

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

In connection with the Quarterly Report of Jesters Resources, Inc. (the "Company") on Form 10-Q for the period ended January 31, 2009, as filed with the Securities and Exchange Commission on the date here of (the "report"), I, Hao Zeng, Chief Executive Officer and Chief Financial 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:

|(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 this Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|    |                                                                                                                                                      
|    | Dated this 13th day of March, 2009.                                                                                                                  

HAO ZENG
Hao ZengChief Executive Officer and Chief Financial Officer











---