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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

TIMOTHY JOSEPH MCILWAIN,

Plaintiff-Appellant,

 v.

JAMES NATHANIEL BROWN, AKA

Jim Brown,

Defendant-Appellee.

No. 20-55424

D.C. No. 

2:18-cv-05275-DMG-SK

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Dolly M. Gee, District Judge, Presiding

Submitted August 4, 2021** 

San Francisco, California

Before: THOMAS, Chief Judge, and HAWKINS and McKEOWN, Circuit Judges.

Timothy McIlwain, an attorney, appeals pro se from the district court’s

judgment dismissing his diversity action against James Brown. We have

jurisdiction under 28 U.S.C. § 1291, and we affirm. 

FILED

AUG 6 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

* 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).
McIlwain does not challenge—and has therefore waived review of—the

district court’s dismissal of his lawsuit on the independent, alternative ground that

he failed to timely oppose dismissal in violation of the Central District of

California’s local rules. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir.

2009) (declining to consider matters “not specifically and distinctly raised” in an

opening brief (citation omitted)); see also C.D. Cal. R. 7-9 (setting forth deadline

for opposition papers), 7-12 (providing that failure to timely oppose motion is

ground for granting motion); Ghazali v. Moran, 46 F.3d 52, 53 (9th Cir. 1995)

(“Failure to follow a district court’s local rules is a proper ground for dismissal.”).

 We likewise decline to review the district court’s denial of leave to amend

because McIlwain’s briefing on appeal lacks any argument on that issue. See Nev.

Dep’t of Corr. v. Greene, 648 F.3d 1014, 1020 (9th Cir. 2011) (concluding that a

pro se appellant waived issues not supported by argument in opening brief).

AFFIRMED. 

2
# C_2011120EN.01000802.xml

| 16.4.2011 | EN | Official Journal of the European Union | C 120/8 |
| --- | --- | --- | --- |

16.4.2011

EN

Official Journal of the European Union

C 120/8

---

Order of the President of the Court of 24 January 2011 (reference for a preliminary ruling from the Rechtbank van Eerste Aanleg te Brussel — Belgium) Knubben Dak- en Leidekkersbedrijf BV v Belgische Staat

(Case C-13/10) (1)

1

2011/C 120/15

Language of the case: Dutch

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 80, 27.3.2010.

1

---
# C_2011211EN.01002103.xml

| 16.7.2011 | EN | Official Journal of the European Union | C 211/21 |
| --- | --- | --- | --- |

16.7.2011

EN

Official Journal of the European Union

C 211/21

---

Order of the President of the Court of 7 April 2011 (reference for a preliminary ruling from the Unabhängiger Verwaltungssenat Salzburg — Austria) — Harald Jung and Gerald Hellweger v Magistrat der Stadt Salzburg, other party to the proceedings: Finanzamt Salzburg-Stadt

(Case C-241/10) (1)

1

2011/C 211/41

Language of the case: German

The President of the Court has ordered that the case be removed from the register.

---

(1)  OJ C 221, 14.8.2010.

1

---
Release: #4260-99 (CFTC Docket No. SD 99-5)

For Release: May 3, 1999

CFTC FINDS THAT EARL A. PEDERSEN, A FLOOR BROKER AT THE COFFEE SUGAR
    COCOA EXCHANGE, IS SUBJECT TO STATUTORY DISQUALIFICATION AND ISSUES CONSENT
    ORDER RESTRICTING PEDERSEN'S REGISTRATION

WASHINGTON - The Commodity Futures Trading Commission
    (CFTC) announced today that on April 16, 1999, it filed a Notice of
    Intent to Suspend, Revoke or Restrict Registration (Notice) against
    Earl A. Pedersen, of Mountain Lakes, New Jersey, a registered floor
    broker who is a member of the Coffee Sugar Cocoa Exchange (CSCE), and
    simultaneously accepted Pedersen's offer of settlement.

The CFTC's Notice alleges that Pedersen was
    charged by the CSCE in 11 disciplinary actions, two of which alleged the
    serious violations of trading ahead of an active customer sell order and
    misallocating a customer order. The two serious violations resulted in
    total fines of $7,500. The Notice alleges that the disciplinary proceedings
    and the misconduct underlying those actions constitute a basis by which
    Pedersen's floor broker registration may be conditioned, suspended,
    revoked, or restricted under section 8a(4) of the Commodity Exchange
    Act.

Pedersen, without admitting or denying the charges in
    the Notice, consented to the entry of a Commission order which restricts
    his registration for two years, during which time, among other things, he
    will be prohibited from directly or indirectly trading on behalf of
    customers and be required to have a sponsor.

# # #
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External Meetings: Meeting with NextEra Energy
  
    



  Participants discussed Swap Dealer Definitions.
      
  When
              03/23/2011

  Rulemaking(s)
              II. DefinitionsGeneral

  CFTC Staff
              Bart ChiltonElizabeth Ritter

  Visitor(s)
              Larry SilversteinBrent HendryPaul Pantano

  Organization(s)
              NextEra Energy


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HomeCFTC Headquarters
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1155 21st Street, NW
Washington, DC 20581
202.418.5000
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                        Industry Oversight
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                        Trading Organizations
                        Clearing Organizations
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                        Intermediaries
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                        Contracts & Products
                        Rules & Rule Amendments
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                        Law & Regulation
                          Commodity Exchange Act & Regulations
                        How Rules Are Made
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                        Federal Register
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                        CFTC Staff Letters
                        Office of Technology Innovation
                        Market Data & Economic Analysis
                          Data at CFTC
                        Commitments of Traders
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External Meetings: Meeting with DTCC
  
    



  Confirmation standards; life-cycle events; collateral
      
  When
              08/26/2010

  Rulemaking(s)
              XVIII. Real Time Reporting

  Organization(s)
              Depository Trust & Clearing Corporation (DTCC)


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HomeCFTC Headquarters
Three Lafayette Centre
1155 21st Street, NW
Washington, DC 20581
202.418.5000
***Exhibit
32.1***
 
 
 **CERTIFICATION
OF CHIEF EXECUTIVE OFFICER**
 **PURSUANT
TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**
 
 I, Donald
Katz, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the annual report on Form
10-K of Audible Inc. Inc. for the year ended December 31, 2004 fully complies
with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934 and that information contained in such report fairly presents, in all
material respects, the financial condition and results of operations of Audible
Inc.
 
 March
      29, 2005
    
    By:
    
    /s/
      Donald KatzDonald
      KatzChief
      Executive Officer
EXHIBIT 32.2


                  CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
                                   PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


I, Susan  Luckfield,  certify,  pursuant to 18 U.S.C.  Section  1350, as adopted
pursuant  to  Section  906 of the  Sarbanes-Oxley  Act of 2002,  that the Annual
Report of Net  Perceptions,  Inc. on Form 10-K for the year ended  December  31,
2004 fully  complies  with the  requirements  of  Section  13(a) or 15(d) of the
Securities  Exchange Act of 1934 and that  information  contained in such Annual
Report on Form 10-K  fairly  presents in all  material  respects  the  financial
condition and results of operations of Net Perceptions, Inc.

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


Date: March 31, 2005
                                              By: /s/ Susan Luckfield
                                                  ------------------------
                                                  Name:  Susan Luckfield
                                                  Title: Controller
Ross SCOPELLITI, petitioner, v. CITY OF TAMPA, FLORIDA.

No. 17-1075.

Supreme Court of the United States

June 18, 2018.

Petition for rehearing denied.
Mark PROCTOR, petitioner, v. UNITED STATES.

No. 17-8800.

Supreme Court of the United States

June 11, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
Bryan SANCHEZ, petitioner, v. Raymond MADDEN, Warden.

No. 17-7841.

Supreme Court of the United States

March 26, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
# C_2012200EN.01001002.xml

| 7.7.2012 | EN | Official Journal of the European Union | C 200/10 |
| --- | --- | --- | --- |

7.7.2012

EN

Official Journal of the European Union

C 200/10

---

Order of the President of the First Chamber of the Court of 7 May 2012 (Reference for a preliminary ruling from the Landgericht Essen — Germany) — Dr Biner Bähr in his capacity as liquidator in respect of the assets of Hertie GmbH v HIDD Hamburg-Bramfeld B.V.1

(Case C-494/10) (1)

1

2012/C 200/19

Language of the case: German

The President of the First Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 30, 29.1.2011.

1

---
**EXHIBIT 31.2**

 

**CERTIFICATION PURSUANT TO**

**SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Thomas E. Severson Jr., certify that: 

 

1. I havereviewed this quarterly report on Form 10-Q of American Media Operations, 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 suchstatements 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 theregistrant as of, and for, the periods presented in this report; 

 

4. The registrant’s other certifying officer(s) 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 andprocedures, 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 thoseentities, particularly during the period in which this report is being prepared; 

 

b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

 

c) Disclosed in this report any change in the registrant’s internal control over financial reporting that occurred during theregistrant’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 overfinancial reporting; and 

 

5. The registrant’s othercertifying officer(s) 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 performingthe equivalent functions): 

 

a) All significantdeficiencies 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 financialinformation; and 

 

b) Any fraud, whether or notmaterial, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting.
Omar E. RODRIGUEZ-RIVERA, petitioner, v. UNITED STATES.

No. 17-6047.

Supreme Court of the United States

Oct. 30, 2017.

Petition for writ of certiorari to the United States Court of Appeals for the First Circuit denied.
Caryn TALYOSEF, petitioner, v. Nancy A. BERRYHILL, Acting Commissioner of Social Security.

No. 17-5763.

Supreme Court of the United States

Oct. 30, 2017.

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.
<TABLE> <S> <C>

<ARTICLE>				5
<LEGEND>				This schedule contains summary financial information
extracted from the consolidated Statements of Operations and Balance
Sheet and is qualified in its entirety by reference to such
financial statements. 
<MULTIPLIER>        1
<CURRENCY>			       US Dollars
<PERIOD-START>			   JAN-1-1997
<PERIOD-TYPE>    			3-MOS
<FISCAL-YEAR-END> 		DEC-31-1997
<PERIOD-END>	     		MAR-31-1997
<EXCHANGE-RATE>    	1
<CASH>		          		6,674
<SECURITIES>        0
<RECEIVABLES>    			2,031,468
<ALLOWANCES>     			18,373
<INVENTORY>	      		0	
<CURRENT-ASSETS>  		2,340,149
<PP&E>	          			16,009,186				
<DEPRECIATION>		   	8,756,721
<TOTAL-ASSETS>   			10,732,286
<CURRENT-LIABILITIES>		8,482,132
<BONDS>	         			0
<COMMON>	        			37,586
<PREFERRED-MANDATORY>	0					
<PREFERRED>	      		4,200
<OTHER-SE>		 	     	(557,945)			
<TOTAL-LIABILITY-AND-EQUITY>	10,732,286		
<SALES>	         			0
<TOTAL-REVENUES>  		5,064,992
<CGS>		           		0
<TOTAL-COSTS>    			7,416,193
<OTHER-EXPENSES>  		0			
<LOSS-PROVISION>	  	0
<INTEREST-EXPENSE> 	177,629
<INCOME-PRETAX>    	(2,528,830)
<INCOME-TAX>      			0
<INCOME-CONTINUING>		(2,528,830)
<DISCONTINUED>	    		0
<EXTRAORDINARY>    		0			
<CHANGES>	         		0	
<NET-INCOME>	     		(2,528,830)
<EPS-PRIMARY>       (0.72)
<EPS-DILUTED>     		(0.72)

</TABLE>
EXHIBIT 99.4







Grant Thornton LLP                                               [COMPANY LOGO]
Chartered Accountants
Management Consultants




October 22, 2004





                       CONSENT OF INDEPENDENT ACCOUNTANTS


We consent to the use in the Annual Report on Form 40-F of Gammon Lake Resources
Inc. for the year ended July 31, 2004 of our  Auditors'  Report dated  September
16, 2004 relating to the  consolidated  balance  sheets of Gammon Lake Resources
Inc. as at July 31, 2004 and 2003 and the consolidated  statements of operations
and deficit and cash flows for the years ended July 31, 2004 and 2003.



                                                        /s/ Grant Thornton LLP
                                                        ------------------------
Halifax, Nova Scotia                                          Grant Thornton LLP
                                                           Chartered Accountants










Suite 1100, Cogswell Tower
2000 Barrington Street
Halifax, Nova Scotia
B3J 2P8
T (902) 421-1734
F (902) 420-1068
E Halifax@GrantThornton.ca
W www.GrantThornton,ca





Canadian Member of Grant Thornton International
Ronald L. GREEN, petitioner, v. Steven T. MNUCHIN, Secretary of the Treasury.

No. 17-1481.

Supreme Court of the United States

June 11, 2018.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
##### 



EXHIBIT 32 CERTIFICATION PURSUANT TO
18 U.S.C. § 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002* In connection with the Quarterly Report of IEA Income Fund X, L.P. (the
Registrant) on Form 10-Q for the quarterly period ended June 30, 2004, as
filed with the Securities and Exchange Commission (the Report), the
undersigned, Dennis J. Tietz, the President and Chief Executive Officer of
Cronos Capital Corp., the General Partner of the Registrant, and John Kallas,
the Chief Financial Officer of Cronos Capital Corp., certify, based on their
knowledge, that:  (i)
    
    The Report fully complies with the requirements
of Section 13(a) or 15(d) of the Securities Exchange Act of
1934; and(ii)
    
    The information contained in the Report fairly
presents, in all material respects, the financial condition
and results of operation of the Registrant.  August 12, 2004 By
    
    /s/ Dennis J. TietzDennis J. TietzOfficer of Cronos Capital Corp.,General Partner of the Registrant/s/ John KallasJohn Kallas, Chief Financial Officer of CronosCapital Corp., General Partner of the Registrant
 A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to
the Securities and Exchange Commission or its staff upon request.   *
    
    This certification, required by Section 906 of the Sarbanes-Oxley Act of
2002, other than as required by Section 906, shall not be deemed to be
filed with the Commission or subject to the rules and regulations
promulgated by the Commission under the Securities Exchange Act of 1934,
as amended, or to the liabilities of Section 18 of said Act.