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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GERALD MORGAN,

Plaintiff

- Appellant,

v.
ELAINE L. CHAO, Secretary, U.S. Department of Transportation,

Defendant

- Appellee. No. 18

- 16160

D.C. No. 2:16

- cv

- 04036

- DLR

MEMORANDUM *

Appeal from the United States District Court for the District of Arizona Douglas L. Rayes, District Judge, Presiding

Argued and Submitted July 9, 2019 Portland, Oregon

Before: FERNANDEZ, TASHIMA, and OWENS, Circuit Judges.

Gerald Morgan appeals from the district court’s grant of summary judgment

to his employer, the Federal Aviation Administ ration (FAA), on Morgan’s Title

VII retaliation claim. Morgan also appeals from the district court’s Rule 12(b)(1)

dismissal for lack of subject matter jurisdiction of his Title VII claim for damages

arising from an on

- the

-

job car accident. As the partie s are familiar with the facts,

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rul e 36

- 3. 

# FILED

JUL 16 2019

MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2

we do not recount them here. We vacate and remand in part and affirm in part.

The district court erred in granting summary judgment based on Morgan’s

failure to establish that the FAA’s legitimate, nondiscriminatory reasons for his job

reassignment were pretextual. Morgan raised a genuine issue of fact as to pretext

by declaring that his supervisor

— while handing Morgan his reassignment

papers

— s tated, “I don’t kno w why you have to file EEO, after a [sic] told you not

to,” “I am very disappointed at you,” and “You are driving to Tucson every day

now. I have to show that I did something!” Therefore
, we vacate the district

court’s order granting summary judgment and remand for the district court to

decide in the first instance whether Morgan established a prima facie case of

retaliation.

The district court properly concluded that the Federal Employees’

Compensation Act provides the exclusive remedy for Morgan’s accident

- related

injuries. See 5 U.S.C. § 8116(c). Therefore, we affirm the district court’s

dismissal of Morgan’s Title VII cla im seeking damages arising from his on

- the

- job

car accident.

VACATED AND REMANDED IN PART, AFFIRMED IN PART.
Exhibit 32.1

CERTIFICATION OF PRINCIPAL 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
of Financial Federal Corporation for the quarter ended April 30,
2004, the undersigned officer, being the Chief Executive Officer of
Financial Federal Corporation, hereby certifies pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that:

     (1) such Quarterly Report on Form 10-Q for the quarter ended
     April 30, 2004 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 for the quarter ended April 30, 2004 fairly presents, in
     all material respects, the financial condition and results of
     operations of Financial Federal Corporation.

     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.

     The foregoing certification is being furnished solely 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) and is
not being filed as part of the Form 10-Q or as a separate disclosure
document.



June 8, 2004                     /s/ Paul R. Sinsheimer
--------------                   ---------------------------
Date                             Paul R. Sinsheimer
                                 Chief Executive Officer and President
```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4356 Introduced in House (IH)]

<DOC>

116th CONGRESS
  1st Session
                                H. R. 4356

     To amend the Servicemembers Civil Relief Act to allow certain 
 individuals to terminate contracts for telephone, multichannel video 
    programming, or internet access service, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 17, 2019

Mr. Harder of California (for himself and Mr. Wenstrup) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL

 
     To amend the Servicemembers Civil Relief Act to allow certain 
 individuals to terminate contracts for telephone, multichannel video 
    programming, or internet access service, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Families of Fallen 
Servicemembers Act''.

SEC. 2. TERMINATION OF CONTRACTS FOR TELEPHONE, MULTICHANNEL VIDEO 
              PROGRAMMING, OR INTERNET ACCESS SERVICE BY CERTAIN 
              INDIVIDUALS UNDER SERVICEMEMBERS CIVIL RELIEF ACT.

    Section 305A(a) of the Servicemembers Civil Relief Act (50 U.S.C. 
3956(a)) is amended by adding at the end the following new paragraph:
            ``(4) Additional individuals covered.--For purposes of this 
        section, the following individuals shall be treated as a 
        servicemember covered by paragraph (1):
                    ``(A) A spouse or dependent of a servicemember who 
                dies while in military service or a spouse or dependent 
                of a member of the reserve components who dies while 
                performing duty described in subparagraph (C).
                    ``(B) A spouse or dependent of a servicemember who 
                incurs a catastrophic injury or illness (as that term 
                is defined in section 439(g) of title 37, United States 
                Code), if the servicemember incurs the catastrophic 
                injury or illness while performing duty described in 
                subparagraph (C).
                    ``(C) A member of the reserve components performing 
                military service or performing full-time National Guard 
                duty, active Guard and Reserve duty, or inactive-duty 
                training (as such terms are defined in section 101(d) 
                of title 10, United States Code).''.
                                 <all>
```
EXHIBIT 32

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of Applebee's  International,  Inc. (the
"Company")  on Form 10-Q for the quarterly  period ended  September 24, 2006, as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"), the undersigned,  in the capacities and dates indicated below, hereby
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,
as amended 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: October 25, 2006                 By: /s/ David L. Goebel
     -------------------                  --------------------------------------
                                          David L. Goebel
                                          President and Chief Executive Officer




                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of Applebee's  International,  Inc. (the
"Company")  on Form 10-Q for the quarterly  period ended  September 24, 2006, as
filed with the  Securities  and  Exchange  Commission  on the date  hereof  (the
"Report"), the undersigned,  in the capacities and dates indicated below, hereby
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,
as amended; 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: October 25, 2006                 By: /s/ Steven K. Lumpkin
     -------------------                  --------------------------------------
                                          Steven K. Lumpkin
                                          Chief Financial Officer
Nicole A. DALMAZZI, petitioner, v. UNITED STATES.

No. 16-961.

Supreme Court of the United States

Sept. 28, 2017.

Petition for writ of certiorari to the United States Court of Appeals for the Armed Forces is granted. The case is consolidated, and a total of one hour is allotted for oral argument. In addition to the questions presented by the petition, the parties are directed to brief and argue the following question: Whether this Court has jurisdiction to review the case in Nos. 16-961 and 16-1017 under 28 U.S.C. § 1259(3).
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-1134

MICHAEL EUGENE PITTS; ARTHUR EUGENE PITTS, JR., a/k/a Sean 

Michael Pitts; DEBRA LYNN PITTS-RYLES; STEPHANIE PITTS-EVANS

Plaintiffs - Appellants

v.

RICHARD GLASSER, Esq. et al; BETH VAUGHN, Esq.; HORTENSIA 

PITTS; RANDOLPH CARLSON, II, Esq.

Defendants - Appellees.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Norfolk. Mark S. Davis, District 

Judge. (2:11-cv-00337-MSD-DEM)

Submitted: April 26, 2012 Decided: April 30, 2012

Before GREGORY, AGEE, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael Eugene Pitts; Arthur Eugene Pitts, Jr.; Debra Lynn 

Pitts-Ryles; Stephanie Pitts-Evans, Appellants Pro Se. James 

Arthur Cales, III, FURNISS, DAVIS, RASHKIND & SAUNDERS, Norfolk, 

Virginia; Jerome David Crain, Jr., WILLCOX & SAVAGE, PC, 

Norfolk, Virginia; Farnaz Farkish, OFFICE OF THE ATTORNEY 

GENERAL OF VIRGINIA, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Michael Eugene Pitts, Arthur Eugene Pitts, Jr., Debra 

Lynn Pitts-Ryles, and Stephanie Pitts-Evans appeal the district 

court’s order granting the Defendants’ motion to dismiss their 

civil complaint. We have reviewed the record and find no 

reversible error. Accordingly, we affirm for the reasons stated 

by the district court. Pitts v. Glasser, No. 2:11-cv-00337-MSDDEM (E.D. Va. Dec. 23, 2011). We dispense with oral argument 

because the facts and legal contentions are adequately presented 

in the materials before the court and argument would not aid the 

decisional process.

AFFIRMED
Edward Lewis TOBINICK, et al., petitioners, v. Steven NOVELLA, et al.

No. 17-344.

Supreme Court of the United States

Nov. 13, 2017.

Motion of Stephen J. Ralph for leave to file a brief as *amicus curiae* granted. Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied
# L_2013318EN.01002501.xml

| 28.11.2013 | EN | Official Journal of the European Union | L 318/25 |
| --- | --- | --- | --- |

28.11.2013

EN

Official Journal of the European Union

L 318/25

---

DECISION OF THE EEA JOINT COMMITTEE

No 123/2013

of 14 June 2013

amending Annex XIII (Transport) to the EEA Agreement

THE EEA JOINT COMMITTEE,

Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,

Whereas:

| (1) | Commission Directive 2013/9/EU of 11 March 2013 amending Annex III to Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community (1) is to be incorporated into the EEA Agreement. |
| --- | --- |

(1)

Commission Directive 2013/9/EU of 11 March 2013 amending Annex III to Directive 2008/57/EC of the European Parliament and of the Council on the interoperability of the rail system within the Community (1) is to be incorporated into the EEA Agreement.

| (2) | Annex XIII to the EEA Agreement should therefore be amended accordingly, |
| --- | --- |

(2)

Annex XIII to the EEA Agreement should therefore be amended accordingly,

HAS ADOPTED THIS DECISION:

Article 1

The following indent is added in point 37d (Directive 2008/57/EC of the European Parliament and of the Council) of Annex XIII to the EEA Agreement:

| ‘— | 32013 L 0009: Commission Directive 2013/9/EU of 11 March 2013 (OJ L 68, 12.3.2013, p. 55).’ |
| --- | --- |

‘—

32013 L 0009: Commission Directive 2013/9/EU of 11 March 2013 (OJ L 68, 12.3.2013, p. 55).’

Article 2

The text of Directive 2013/9/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.

Article 3

This Decision shall enter into force on 15 June 2013, provided that all the notifications under Article 103(1) of the EEA Agreement have been made (*1).

Article 4

This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

Done at Brussels, 14 June 2013.

For the EEA Joint Committee

The President

Gianluca GRIPPA

---

(1)  
  OJ L 68, 12.3.2013, p. 55.

1

(*1)  No constitutional requirements indicated.

*1

---
1 The Honorable Linda R. Reade, Chief J udge, United States District Court for the Northern District of Iowa. 

## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 07-1541

___________ United States, * * Appellee, * Appeal from the United States * District Court for the v. * Northern District of Iowa. * Sherman Hopkins, Jr., * [UNPUBLISHED] * Appellant. *

___________ Submitted: November 6, 2007 Filed: November 15, 2007

___________ Before MURPHY, SMITH, and SHEPHERD, Circuit Judges.

___________ PER CURIAM. In this direct criminal appeal, Sherman Hopkins, Jr., challenges the reasonableness of the 46-month prison sentence imposed by the district court 1 after he pleaded guilty to committing perjury beforea grand jury, in violation of 18 U.S.C. § 1623. We conclude that the court appropriately interpreted and applied the Guidelines, see United States v. Mashek , 406 F.3d 1012, 1017 (8th Cir. 2005) (de novo standard-2- of review), correctly followed the sentenci ng procedure set forth in United States v. Haack , 403 F.3d 997, 1002-03 (8th Cir. 2005) (c ourt is to determine appropriate advisory Guidelines range, evaluate if traditional departures are warranted, and consider all sentencing factors set forth in 18 U.S.C. § 3553(a) before imposing sentence), and did not treat the Guide lines as presumptively reasonable. We further conclude that Hopkins’s 46-month sentence is reasonable, and not an abuse of the district court’s discretion, because the court considered only relevant factors at sentencing and exercised sound judgment in weighing those factors. See Haack , 403 F.3d at 1003-04 (reasonableness of sentence reviewed for abuse of discretion; abuse of discretion occurs if c ourt fails to consider relevant factor that should receive significant weight, gives signi ficant weight to improper or irrelevant factor, or considers only appropriate fact ors but commits clear error of judgment in weighing those factors). Contrary to Hopkins’s arguments, no unwarranted sentencing disparity existed where the indi vidual to whom he compares himself was not found guilty of similar conduct, see 18 U.S.C. § 3553(a)(6) (in imposing sentence, court is to consider “the need to avoid unwarranted sentence disparities among defendants with similar records who have been found guilty of similar conduct”); the court appropriately considered the nature and degree of his interference with the administration of justice; and his offense was not so minor as to render the district court’s sentencing decision a clear error of judgment. Accordingly, Hopkins’s sentence is affirmed.

______________________________
Exhibit 32

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Scott D. Howarth, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that
the Quarterly Report of Integrated Silicon Solution, Inc. on Form 10-Q for the quarterly period ended December 31, 2010 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 on Form 10-Q fairly presents in all material respects the financial condition and results of operations of Integrated Silicon Solution, Inc.



By:

/s/ Scott D. HowarthScott D. HowarthPresident and Chief Executive OfficerFebruary 9, 2011


I, John M. Cobb, certify, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Integrated Silicon Solution, Inc. on Form 10-Q for the quarterly period ended December 31, 2010 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 on Form 10-Q fairly presents in all material respects the financial condition and results of
operations of Integrated Silicon Solution, Inc.



By:

/s/ John M. CobbJohn M. CobbVice President and Chief Financial OfficerFebruary 9, 2011
```
 
 
SULFUR FINANCIAL INSTR 2009 - CHICAGO CLIMATE FUTURES EXCHANGE       Code-006265
FUTURES ONLY POSITIONS AS OF 12/28/10                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(CONTRACTS OF 25 U.S. EPA SO2 EMMISSION              OPEN INTEREST:       15,774
COMMITMENTS
  11,184        0        0    4,506   15,765   15,690   15,765       84        9

CHANGES FROM 12/21/10 (CHANGE IN OPEN INTEREST:     -1,581)
  -1,164        0        0     -400   -1,538   -1,564   -1,538      -17      -43

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    70.9      0.0      0.0     28.6     99.9     99.5     99.9      0.5      0.1

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:       20)
       8        0        0        6        8       14        8
```

----

Updated January 3, 2011
Johnner Joe WARD, Jr., petitioner, v. UNITED STATES.

No. 17-5487.

Supreme Court of the United States

Oct. 2, 2017.

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.
Alwin Carl LEWIS, petitioner, v. SUPERIOR COURT OF CALIFORNIA, LOS ANGELES COUNTY, et al.

No. 17-590.

Supreme Court of the United States

Jan. 8, 2018.

Petition for writ of certiorari to the Supreme Court of California denied.
[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Notices]
[Page 25035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08967]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Aging; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute on Aging Special Emphasis 
Panel; Advancing and Diversifying AD/ADRD Research.
    Date: June 16, 2022.
    Time: 1:00 p.m. to 5:30 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institute on Aging, Gateway Building, 7201 
Wisconsin Avenue, Bethesda, MD 20892 (Virtual Meeting).
    Contact Person: Carmen Moten, Ph.D. MPH, Scientific Review 
Officer, National Institute on Aging, Gateway Building, 7201 
Wisconsin Avenue, Suite 2C212, Bethesda, MD 20892, 301-402-7703, 
<a href="/cdn-cgi/l/email-protection#c3a0aeacb7a6ad83aea2aaafedadaaabeda4acb5"><span class="__cf_email__" data-cfemail="3556585a41505b7558545c591b5b5c5d1b525a43">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging 
Research, National Institutes of Health, HHS)

    Dated: April 22, 2022.
Miguelina Perez,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2022-08967 Filed 4-26-22; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Exhibit 32.1    STATEMENT OF CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER PURSUANT TO 18 U.S.C. SECTION 1350   In connection with the Quarterly Report on Form 10-Q of Premier Community Bankshares, Inc. (the Company) for the period ended June 30, 2006 as filed with the Securities and Exchange Commission (the Report), the undersigned Chief Executive Officer and Chief Financial Officer of the Company hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that based on their knowledge and belief:  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 as of and for the periods covered in the Report.   /s/ Donald L. Unger Donald L. Unger President & Chief Executive Officer   /s/ Frederick A. Board Frederick A. Board Chief Financial Officer    Date: 8/8/06
```
 
 
WHEAT - KANSAS CITY BOARD OF TRADE                                   Code-001612
FUTURES ONLY POSITIONS AS OF 02/09/10                         |
--------------------------------------------------------------| NONREPORTABLE
      NON-COMMERCIAL      |   COMMERCIAL    |      TOTAL      |   POSITIONS
--------------------------|-----------------|-----------------|-----------------
  LONG  | SHORT  |SPREADS |  LONG  | SHORT  |  LONG  | SHORT  |  LONG  | SHORT
--------------------------------------------------------------------------------
(CONTRACTS OF 5,000 BUSHELS)                         OPEN INTEREST:      147,294
COMMITMENTS
  38,021   27,590   20,568   69,863   70,714  128,452  118,872   18,842   28,422

CHANGES FROM 02/02/10 (CHANGE IN OPEN INTEREST:     -1,371)
   2,258    4,625   -1,968   -1,808   -3,462   -1,518     -805      147     -566

PERCENT OF OPEN INTEREST FOR EACH CATEGORY OF TRADERS
    25.8     18.7     14.0     47.4     48.0     87.2     80.7     12.8     19.3

NUMBER OF TRADERS IN EACH CATEGORY (TOTAL TRADERS:      169)
      48       31       52       55       61      129      131
```

----

Updated February 7, 2010
Carston Markel WOODSON, petitioner, v. UNITED STATES.

No. 17-5859.

Supreme Court of the United States

Jan. 8, 2018.

Petition for rehearing denied.