alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
LIFE TECHNOLOGIES CORPORATION, et al., petitioners, v. PROMEGA CORPORATION.

No. 14-1538.

Supreme Court of the United States

Nov. 22, 2016.

Motion of the Acting Solicitor General for leave to participate in oral argument as *amicus curiae* and for divided argument filed out of time is granted.
* This order and judgment is not binding precedent, except under the

doctrines of law of the case, res judicata, and col lateral estoppel. The court generally disfavors the citation of orders and judg ments; nevertheless, an order and judgment may be cited under the terms and condi tions of 10 TH C IR
. R. 36.3.

** After examining the briefs and appellate record, this panel has determined unanimously to decide this case on the b riefs without oral argument. See F ED
. R. A PP
. P. 34(f); 10 TH C IR
. R. 34.1 (G). 

## F I L E D United States Court of Appeals Tenth Circuit 

### DEC 27 2004 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

WADE W. SLAUGHTER,

Plaintiff-Appellant, No. 04-1372

v. (D. Colorado) MR. QUINTANA; MR. RULET; Mr. SANCHEZ; LT. MESTIPUST; WARDEN GUNJA; and NORTH CENTRAL REGIONAL OFFICE OF FEDERAL BUREAU OF PRISONS, and executives or employees involved or parties at the U.S. Penitentiary Florence, Defendants-Appellees. (D.C. No. 04-Z-735)

ORDER AND JUDGMENT *

Before KELLY , HENRY , and TYMKOVICH , Circuit Judges. **-2-

Wade W. Slaughter, a federal prisoner in the custod y of the United States Department of Prisons, appeals the district court’s order dismissing his 42 U.S.C. § 1983 action without prejudice. The district cour t’s dismissal was based on Mr. Slaughter’s failure to submit a certified trust sta tement for the entire six-month period preceding the filing of his complaint and hi s failure to name the same defendants in the caption and the body of the compl aint and in the caption and affidavit for leave to proceed in forma pauperis. In an April 14, 2004 order, the magistrate judge no tified Mr. Slaughter of these deficiencies and allowed him thirty days to c ure them. Mr. Slaughter failed to do so, and, on May 28, 2004, the district court dismissed his complaint without prejudice to the refiling of a corrected complaint, motion, and affidavit. In his appellate brief, Mr. Slaughter fails to expl ain his failure to file a corrected complaint in response to the court’s orde r. We therefore conclude that the district court’s dismissal was proper. Accordingly, we AFFIRM the district court’s dismiss al of Mr. Slaughter’s1 We grant Mr. Slaughter’s motion to proceed withou t prepayment of the

filing fee. We remind Mr. Slaughter of his obligat ion to continue making partial payments until the entire fee is paid. -3- complaint without prejudice. 1

Entered for the Court,

Robert H. Henry Circuit Judge
Crawley McFADDEN, petitioner, v. A.O. SMITH CORPORATION, et al.

No. 15-9228.

Supreme Court of the United States

Oct. 3, 2016.

Motion of petitioner for leave to proceed *in forma pauperis* denied, and petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit dismissed. See Rule 39.8.
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<ARTICLE> 5
<CIK> 0000852220
<NAME> ALLSTATE FINANCIAL CORP

<S>                             <C>
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<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-Q
FOR THE QUARTERLY PERIOD ENDED SEPTEMBER 30, 1997 AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH QUARTERLY REPORT.
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<EPS-PRIMARY>                                     3.06
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</TABLE>
II-Ol201

From:

Sent:

To:

Subject:

Dolores Welty <dwelty2076@earthlink.net>

Wednesday, December 1, 2010 4:25 PM

dfadefinitions <dfadefinitions@CFTC.gov>

Re: No loopholes in Dodd-Frank

1) Securities and Exchange Commission/Commodities Futures Trading Commission, Re: Commercial Risk (CFTC RIN

3235-AK65, SEC File Number $7-12-10)

Dear Commissioners Shapiro and Gensler: Don’t let the American Bankers Association (ABA) redefine important terms like

"commercial risk" to keep banks that engage in risky derivatives trading from complying with transparency and business

conduct requirements. Commercial risk should not be expanded to include financial risk. Accepting the ABA argument

would open the door for exemptions for risky hedge funds and insurance companies.

We are watching you.

2) Commodities Futures Trading Commission, Re: Position Limits (RIN 3038-AD 17 )

Dear Commissioner Gensler: The CFTC needs to set strong position limits to crack down on the energy and food commodity

speculation that serves no productive purpose. I urge the Commission to define limits that will address not only manipulation,

but also excessive speculation, which will require a stricter approach.

3) U.S. Department of the Treasury, Re: FX Swaps (75 FR 66426 Document Number 2010-27274)

Dear Secretary Geithner: Just say "no" to foreign exchange traders who want to exempt foreign currency derivatives from the

clearing and transparency requirements of the

Dodd-Frank Act. $4 trillion dollars a day is traded in these highly-leveraged swaps and this number may increase to over $10

trillion in a decade. As the head of the Financial

Stability Oversight Board your job is to decrease risk in the system, not encourage off-book trading and opaque markets.

Dolores Welty

2076 Sheridan Road

Encinitas, CA 92024
IV 

111TH CONGRESS 

2D SESSION H. RES. 1686 

Expressing support for designation of October 2, 2010, as World MRSA 

Day. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2010 

Mrs. BIGGERT submitted the following resolution; which was referred to the 

Committee on Oversight and Government Reform 

RESOLUTION 

Expressing support for designation of October 2, 2010, as 

World MRSA Day. 

Whereas MRSA is an acronym for methicillin-resistant staphylococcus aureus, which causes deadly infections in patients in health care facilities and within our communities; 

Whereas the Centers for Disease Control and Prevention 

(CDC) have estimated that hospital-acquired MRSA infections alone killed more than 19,000 United States 

residents in 2006; 

Whereas patient and consumer organizations around the 

globe are lending their voices to the call of world unity 

in leadership and commitment in preventing and stopping 

MRSA, which is pandemic and spreading at alarming 

rates; 


tjames on DSK5CLS3C1PROD with BILLS
2 

•HRES 1686 IH 

Whereas leading patient and consumer advocates call upon 

health care officials and leaders to step up and take a 

more comprehensive approach to eradicate this preventable disease and focus on a broad and pro-active prevention program; and 

Whereas as an integral part of its multi-faceted program, the 

MRSA Survivors Network, the first consumer organization in the United States to raise the alarm concerning 

the MRSA epidemic and other multi-drug resistant 

health care-acquired infections, has announced ‘‘World 

MRSA Day’’, which will be held on October 2, 2010, and 

commemorated each year after on this date, in addition, 

the month of October will also be designated ‘‘World 

MRSA Awareness Month’’ in order to call attention to 

this worldwide epidemic: Now, therefore, be it 

1 Resolved, That the House of Representatives supports 

2 the designation of World MRSA Day. 

Æ 


tjames on DSK5CLS3C1PROD with BILLS
II-01077

From:

Sent:

To:

Subject:

Lynne Posner <fechnwag@verizon.net>

Thursday, December 2, 2010 8:25 AM

dfadefinitions <dfadefinitions@CFTC.gov>

Re: No loopholes in Dodd-Frank

1) Securities and Exchange Commission/Commodities Futures Trading Commission, Re: Commercial Risk (CFTC RIN

3235-AK65, SEC File Number $7-12-10)

Dear Commissioners Shapiro and Gensler: Don’t let the American Bankers Association (ABA) redefine important terms like

"commercial risk" to keep banks that engage in risky derivatives trading from complying with transparency and business

conduct requirements. Commercial risk should not be expanded to include financial risk. Accepting the ABA argument

would open the door for exemptions for risky hedge funds and insurance companies.

2) Commodities Futures Trading Commission, Re: Position Limits (RIN 3038-AD 17 )

Dear Commissioner Gensler: The CFTC needs to set strong position limits to crack down on the energy and food commodity

speculation that serves no productive purpose. I urge the Commission to define limits that will address not only manipulation,

but also excessive speculation, which will require a stricter approach.

3) U.S. Department of the Treasury, Re: FX Swaps (75 FR 66426 Document Number 2010-27274)

Dear Secretary Geithner: Just say "no" to foreign exchange traders who want to exempt foreign currency derivatives from the

clearing and transparency requirements of the

Dodd-Frank Act. $4 trillion dollars a day is traded in these highly-leveraged swaps and this number may increase to over $10

trillion in a decade. As the head of the Financial

Stability Oversight Board your job is to decrease risk in the system, not encourage off-book trading and opaque markets.

Lynne Posner

PO Box 627

Sheffield, MA 01257
Exhibit 10.27

AMENDMENT NO. 2 TO WARRANT NO. 2

This Amendment No. 2 to Warrant No. 2 is made and entered into as of the 30th day of December, 2005, by and among Digital Generation
Systems, Inc., a Delaware corporation (the "Corporation"), and Scott K. Ginsburg ("Ginsburg").

WHEREAS,
the Corporation issued Warrant No. 2, dated as of December 9, 1998 for 1,548,460 shares of common stock of the Corporation (the "Warrant") to Ginsburg;

WHEREAS,
the Warrant was amended on or about November 30, 2000 pursuant to that certain Amendment No. 1 to Warrant No. 2 and again on or about June 24, 2004
pursuant to resolutions adopted by the unanimous written consent of the board of directors of the Corporation; and

WHEREAS,
the Corporation and Ginsburg wish to further amend the terms of the Warrant as described herein;

NOW,
THEREFORE, in consideration of the mutual promises, benefits and covenants herein contained, the Corporation and Ginsburg hereby agree as follows:

1.     Unless
otherwise defined, all capitalized terms used herein shall have the meaning ascribed to them in the Warrant. All references to Section herein shall be to Sections
of the Warrant.

2.     The
introductory heading of the Warrant shall be amended to read "Void after December 31, 2010."

3.     The
entirety of Section 2 in the Warrant shall read as follows:



[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]

---



IN
WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 to Warrant No. 2 as of the date first above written.

| |  | DIGITAL GENERATION SYSTEMS, INC.                   
| |  | ---------------------------------------------------
| |  | By:                                                
| |  |                                                    
| |  | Name:                                              
| |  |                                                    
| |  | Title:                                             
| |  |                                                    
| |  | GINSBURG:                                          
| |  | /s/SCOTT K. GINSBURGScott K. Ginsburg, Individually

---



QuickLinks
**EXHIBIT 31.2****Certification**     I, Paul S. Feeley, Senior Vice President, Chief Financial Officer and Treasurer of CentralBancorp, Inc., certify that:1. I have reviewed this Annual Report on Form 10-K of Central Bancorp, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:     (a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in which thisreport is being prepared;     (b) Evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report, based on suchevaluation; and     (c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonably likely to materially affect, the registrant’s internal controlover financial reporting; and5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions):     (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information;and     (b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financial reporting.Date: June 23, 2006            /s/ Paul S. Feeley   Paul S. Feeley   Senior Vice President, Chief Financial Officer and Treasurer
Meechee MORRIS, petitioner, v. Willie SMITH, Warden.

No. 16-6320.

Supreme Court of the United States

Dec. 12, 2016.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
#### Frank J. FERNANDEZ, Plaintiff-Appellant, v. Susan RISENHOOVER; et al., Defendants-Appellees.

No. 09-16279.

United States Court of Appeals, Ninth Circuit.

Submitted Sept. 13, 2010.*

Filed Oct. 12, 2010.

*261Frank J. Fernandez, Crescent City, CA, pro se.

Jose Zelidon-Zepeda, Attorney General Office, San Francisco, CAM for Defendants-Appellees.

Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.

*

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

MEMORANDUM **

Frank J. Fernandez, a California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. *Sacks v. Office of Foreign Assets Control,*466 F.3d 764, 770 (9th Cir.2006). We affirm.

The district court properly dismissed Fernandez’s deliberate indifference claim because, in light of the extensive medical care that the complaint acknowledges Fernandez received, the defendants’ refusal to give him a double mattress states, at most, a claim of negligence. *See Wood v. Housewright,*900 F.2d 1332, 1334 (9th Cir.1990) (“While poor medical treatment will at a certain point rise to the level of constitutional violation, mere malpractice, or even gross negligence, does not suffice.”).

Contrary to Fernandez’s contention, the district court did not abuse its discretion by ruling on the motion to dismiss before considering Fernandez’s request for further discovery because discovery could not have affected a ruling on the pleadings. *Cf. Little v. City of Seattle,*863 F.2d 681, 685 (9th Cir.1988) (the district court did not abuse its discretion by staying discovery when the discovery could not have affected summary judgment).

Fernandez’s remaining contentions are unpersuasive.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM FORM 10-QSB
FOR THE QUARTER ENDED JUNE 30, 1996 AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
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<CHANGES>                                            0
<NET-INCOME>                                 (134,412)
<EPS-PRIMARY>                                    (.14)
<EPS-DILUTED>                                    (.14)
        

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