alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
11 TH C OURT OF A PPEALS

E ASTLAND

, T EXAS

J UDGMENT

In the interest of D.O.A.I., a child, * From the 318th District Court

of Midland County,

Trial Court No. FM 57,834

.

No. 11

- 1 6

- 00 1 41

- CV * November 30, 2016

* Per Curiam Memorandum Opinion

(Panel consists of: Wright, C.J.,

Willson, J., and Bailey, J. )

This court has inspected the record in this cause and concludes that there

is no error in the order below. Therefore, in accordance with this court ’ s

opinion, the order of the trial court is in all things affirmed.
**Exhibit 31.1**

**CERTIFICATIONS**

I, Robert L. Voelk,certify that:

1.                 I have reviewedthis annual report on Form 10-K of Omtool, Ltd.;

2.                 Based on myknowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, inlight of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

3.                 Based on myknowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financialcondition, results of operations and cash flows of the registrant as of, andfor, the period presented in this report;

4.                 The registrant’sother certifying officers 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 suchdisclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

**b)****               [Paragraphomitted in accordance with SEC transition instructions contained in SECReleases 34-47986 and 33-8618.]**

c)                Evaluated theeffectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by thisreport based on such evaluation; and

d)               Disclosed in this report any change inthe registrant’s internal control over financial reporting that occurred duringthe registrant’s most recent fiscal quarter (the registrant’s fourth fiscalquarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and

5.                 The registrant’sother certifying officers and I have disclosed, based on our most recentevaluation of internal controls over financial reporting, to the registrant’sauditors and the audit committee of the registrant’s board of directors:

a)                All significantdeficiencies and material weaknesses in the design or operation of internalcontrols over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and reportfinancial information; and

b)               Anyfraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financialreporting.

Date: March 26, 2007
|        | By:    |                    | /s/ ROBERT L.  VOELK |
|--------|--------|-------------------------|----------------------|
|   |   | Robert L. Voelk         |
|   |   | Chief Executive Officer |

 

----
HUFFMAN v. MOORE COUNTY.

No. COA06-758.

Court of Appeals of North Carolina.

Filed June 19, 2007.

Certification Date July 9, 2007.

Appeal from NC Industrial Commission (I.C. #480967, I.C. #500200, I.C. #564609, I.C. #481108, I.C. #481105, I.C. #924348, I.C. #521226, I.C. #509087).

Cases reported without published opinion. Remanded.
STATE v. TARLETON

No. COA06-760

Court of Appeals of North Carolina

Filed April 17, 2007

Certification Date May 7, 2007

Appeal from Union (04CRS50819, 04CRS50820, 04CRS50822, 04CRS50823, 04CRS50824, 04CRS50825, 04CRS50826, 04CRS50834, 04CRS50835, 04CRS50836).

Cases reported without published opinion. No prejudicial error.
----

| 1. | I have reviewed this annual report on Form 10-K/A of ArQule, 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; |
|----|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | /s/ Peter S. Lawrence                                                               |
|--------|-------------------------------------------------------------------------------------|
|   | Peter S. LawrencePresident and Chief Operating Officer(Principal Financial Officer) |
[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Notices]
[Page 50303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17021]


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

DEPARTMENT OF COMMERCE

National Technical Information Service


National Technical Information Service Advisory Board

AGENCY: National Technical Information Service, Commerce.

ACTION: Notice; reopening the solicitation for applications for NTIS 
Advisory Board.

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

SUMMARY: The National Technical Information Service (NTIS) is reopening 
the solicitation seeking qualified Candidates to serve as members of 
its Advisory Board (Board). The Board will meet semiannually to advise 
the Secretary of Commerce, the Under Secretary for Technology, and the 
Director of NTIS on NTIS's mission, general policies and fee structure.

DATES: Applications must be received no later than October 25, 2005.

ADDRESSES: Applications should be submitted to Ellen Herbst, Director, 
NTIS, 5285 Port Royal Road, Springfield, Virginia 22161.

FOR FURTHER INFORMATION CONTACT: Walter L. Finch, (703) 605-6507 or via 
e-mail at <a href="/cdn-cgi/l/email-protection#9fe8f9f6f1fcf7dff1ebf6ecb1f8f0e9"><span class="__cf_email__" data-cfemail="2a5d4c434449426a445e4359044d455c">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The National Technical Information Service 
(NTIS) issued a Federal Register notice on July 12, 2005 (Volume 70, 
Number 132) seeking five qualified candidates to serve as members of 
its Advisory Board, one of whom will also be designated chairperson. 
The Board was established pursuant to section 3704b(c) of Title 15, 
United States Code. It will meet at least semiannually to advise the 
Secretary of Commerce, the Under Secretary for Technology, and the 
Director of NTIS on NTIS's mission, general policies and fee structure. 
Members will be appointed by the Secretary and will serve for three-
year terms. They will receive no compensation but will be authorized 
travel and per diem expenses. NTIS is seeking candidates who can 
provide guidance on trends in the information industry and changes in 
the way NTIS's customers acquire and use its products and services. 
Interested candidates were given until August 11, 2005 to express their 
interest by submitting a resume and a statement explaining their 
interest in serving on the Board. Applications received during the 
period between when the first notice closed and this notice reopened 
are considered timely and received.
    In order to widen the pool of candidates and to provide candidates 
greater time to submit their expression of interest, NTIS is reopening 
the solicitation period until October 25, 2005.

    Dated: August 15, 2005.
Ellen Herbst,
Director.
[FR Doc. 05-17021 Filed 8-25-05; 8:45 am]
BILLING CODE 3510-04-P


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</html>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
Financial Data Schedule for 3rd Quarter 10-Q
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               OCT-31-1995
<CASH>                                            2881
<SECURITIES>                                         0
<RECEIVABLES>                                     6680
<ALLOWANCES>                                       257
<INVENTORY>                                       2610
<CURRENT-ASSETS>                                 12784
<PP&E>                                          213789
<DEPRECIATION>                                   60723
<TOTAL-ASSETS>                                  177492
<CURRENT-LIABILITIES>                            25310
<BONDS>                                              0
<COMMON>                                           423
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                           0
<TOTAL-LIABILITY-AND-EQUITY>                    177492
<SALES>                                          93009
<TOTAL-REVENUES>                                 93009
<CGS>                                                0
<TOTAL-COSTS>                                    79348
<OTHER-EXPENSES>                                    35
<LOSS-PROVISION>                                    05
<INTEREST-EXPENSE>                                9147
<INCOME-PRETAX>                                   5048
<INCOME-TAX>                                      1565
<INCOME-CONTINUING>                               3483
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      3483
<EPS-PRIMARY>                                      .81
<EPS-DILUTED>                                      .80
        

</TABLE>
[Federal Register Volume 70, Number 162 (Tuesday, August 23, 2005)]
[Notices]
[Pages 49301-49302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16724]


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

DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection


Notice of Cancellation of Customs Broker Permit

AGENCY: Bureau of Customs and Border Protection, U.S. Department of 
Homeland Security.

ACTION: General notice.

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

SUMMARY: Pursuant to section 641 of the Tariff Act of 1930, as amended, 
(19 U.S.C. 1641) and the Customs Regulations (19 CFR 111.51), the 
following Customs broker permits are cancelled without prejudice.

----------------------------------------------------------------------------------------------------------------
                   Name                              Permit No.                        Issuing port
----------------------------------------------------------------------------------------------------------------
World Broker Puerto Rico, Inc............  4902AHE......................  San Juan.
BDP International........................  1101.........................  San Francisco.
World Asia Logistics, Inc................  99-00281.....................  Washington, DC.
John M. Schepers.........................  20012........................  Los Angeles.
Menlo Worldwide Trade Services, Inc......  94-17-010....................  Atlanta.
Masterpiece International, Ltd...........  17-04-D52....................  Atlanta.
Cavalier International Air Freight, Inc..  17-03-HTD....................  Atlanta.
Jorge Diaz...............................  23-04-BGP....................  Laredo.
Stephen A. Sowda.........................  53-03-BCW....................  Houston.
Menlo Worldwide Trade Services, Inc......  86029........................  Houston.
Thomas A. Barnhart.......................  04-00228.....................  Washington, DC.
HYC Logistics, Inc.......................  995..........................  New York.
Guy Perego dba
Stella International.....................  28-04-BJW....................  San Francisco.
J.M. Rodgers Co., Inc....................  14203........................  Detroit.
----------------------------------------------------------------------------------------------------------------



[[Page 49302]]

    Dated: August 15, 2005.
Jayson P. Ahern,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 05-16724 Filed 8-22-05; 8:45 am]
BILLING CODE 9110-06-P
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.                  

###### Department of Health and Human Services

###### Health Resources and Services Administration 

In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), notice is hereby given of the following meeting: 

*Name:*                         National Advisory Council on the National Health Service Corps.                     

*Dates and Times:*                         September 8, 2005, 1 p.m.-7:30 p.m.; September 9, 2005, 8:30 a.m.-6 p.m.; and September 10, 2005, 9 a.m.-5:30 p.m.                     

*Place:*                         Hamilton Crowne Plaza, 1001 14th Street NW., Washington, DC 20005, 202-682-0111.                     

*Status:*                         The meeting will be open to the public.                     

*Agenda:*                         The Council will continue its discussion on the National Health Service Corps legislation in preparation for the upcoming reauthorization. Program staff and Agency management will provide guidance on program operations possible implications of legislative changes.                    

*For Further Information Contact:*                         Tira Robinson-Patterson, Division of National Health Service Corps, Bureau of Health Professions, Health Resources and Services Administration, Parklawn Building, Room 8A-55, 5600 Fishers Lane, Rockville, MD 20857; telephone: (301) 594-4140.                     

Dated: August 17, 2005. 

Tina M. Cheatham, 

Director, Division of Policy Review and Coordination. 

[FR Doc. 05-16791 Filed 8-23-05; 8:45 am] 

BILLING CODE 4165-15-P
STATE v. CANSLER.

No. COA06-614.

North Carolina Court of Appeals.

Filed December 19, 2006.

Certification Date January 8, 2007.

Appeal from Cleveland (04CRS56320, 04CRS56321).

Case reported without published opinion. No error.
Alice Bins RAINEY, Michele R. Rotosky and Madeline Davis Tucker v. NORTH CAROLINA DEPARTMENT OF PUBLIC INSTRUCTION and State Board of Education.

No. 143PA07.

Supreme Court of North Carolina.

May 3, 2007.

Laura E. Crumpler, Assistant Attorney General, for NCDPI et al.

Thomas R. West, Pamela A. Scott, Raleigh, for Rainey, et al.

Prior report: ___ N.C.App. ___, 640 S.E.2d 790.

*ORDER*

Upon consideration of the petition filed on the 22nd day of March 2007 by Respondents in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Allowed by order of the Court in conference, this the 3rd day of May 2007."

Therefore the case is docketed as of the date of this order's certification. Briefs of the respective parties shall be submitted to this Court within the times allowed and in the manner provided by Appellate Rule 15(g)(2).
<PAGE>

                                                                      Exhibit 21

Subsidiaries of the Registrant

Allin Corporation wholly owns the following subsidiaries:

                                                          Additional Names under
                                               State of         which Subsidiary
        Name of Subsidiary               Incorporation      Conducts Business
--------------------------------------   -------------   -----------------------
Allin Consulting of Pennsylvania, Inc.   Pennsylvania    Allin Consulting
Allin Corporation of California          California      Allin Consulting
Allin Interactive Corporation            Delaware        Allin Interactive
Allin Digital Imaging Corp.              Delaware        Allin Digital
Allin Network Products, Inc.             California
Allin Holdings Corporation               Delaware

Except as noted above, each subsidiary does business exclusively under its
corporate name, with or without the corporate indicator.
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-17-00566-CV

Tom FATJO, Jr.,

Appellant

v.

ANDREWS KURTH KENYON LLP,

Appellee

From the 216th Judicial District Court, Kerr County, Texas

Trial Court No. 15425A

Honorable N. Keith Williams, Judge Presiding

PER CURIAM

Sitting: Sandee Bryan Marion, Chief Justice

Luz Elena D. Chapa, Justice

Irene Rios, Justice

Delivered and Filed: February 28, 2018

MOTION TO DISMISS GRANTED; DISMISSED

Appellant filed a motion to dismiss this appeal. We grant the motion and dismiss the appeal. 

See TEX. R. APP. P. 42.1(a)(1). Because the motion does not disclose an agreement of the parties 

regarding the assessment of costs, we order all costs assessed against appellant. See TEX. R. APP.

P. 42.1(d) (absent agreement of the parties, costs are taxed against appellant).

PER CURIAM
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DOUGLAS H. ROUGH, 

Plaintiff-Appellant, 

 v. 

CHASE BANK; et al., 

Defendants-Appellees.

No. 19-35902 

D.C. No. 2:18-cv-01555-RAJ 

MEMORANDUM*

Appeal from the United States District Court

for the Western District of Washington

Richard A. Jones, District Judge, Presiding

Submitted December 2, 2020**

Before: WALLACE, SILVERMAN, and BRESS, Circuit Judges.

Douglas H. Rough appeals pro se from the district court’s judgment 

dismissing his action alleging fraud and related federal claims. We have 

jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to 

state a claim under Federal Rule of Civil Procedure 12(b)(6). Puri v. Khalsa, 844 

* 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

DEC 10 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 19-35902 

F.3d 1152, 1157 (9th Cir. 2017). We affirm.

The district court properly dismissed Rough’s action because Rough failed 

to allege facts sufficient to satisfy the heightened pleading standard for fraud set 

forth in Federal Rule of Civil Procedure 9(b). See Kearns v. Ford Motor Co., 567 

F.3d 1120, 1124-25 (9th Cir. 2009) (discussing heightened pleading standard under 

Rule 9(b), which applies to state law claims alleging fraudulent conduct); see also

Sanford v. MemberWorks, Inc., 625 F.3d 550, 557 (9th Cir. 2010) (elements of a 

Racketeer Influenced and Corrupt Organizations Act claim); Adams v. King 

County, 192 P.3d 891, 902 (Wash. 2008) (en banc) (elements of a fraud claim

under Washington law).

The district court did not abuse its discretion by denying Rough leave to 

amend because amendment would have been futile. See Gordon v. City of 

Oakland, 627 F.3d 1092, 1094 (9th Cir. 2010) (setting forth standard of review and 

explaining that leave to amend may be denied if amendment would be futile).

We reject as meritless Rough’s contentions that he was held to a higher 

standard as a pro se plaintiff, and that the district court should have allowed him to 

conduct discovery.
3 19-35902 

We do not consider allegations not properly raised before the district court, 

or matters not specifically and distinctly raised and argued in the opening brief. 

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

AFFIRMED.
Grant of Extension of Time PAGE 1 IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 2 3 - 0 5 2 0 IN THE MATTERS OF A.M., G.R.P., E.O.M., J.P., Youths in Need of Care. **ORDER GRANT**  **ING MOTION FOR EXTENS**  **ION OF TIME** Upon consideration of Appellant’s moti on for extension of time, and good cause appearing therefore, Appellant , J . M . , is granted an extension of time until December 11 , 2023 to prepare, serve, and file the Opening Brief.

Electronically signed by: Bowen Greenwood Clerk of the Supreme Court October 26 2023

10/26/2023
STATE v. CASON

No. COA06-1357

Court of Appeals of North Carolina

Filed May 1, 2007

Certification Date May 21, 2007

Appeal from Mecklenburg (05CRS231962).

Case reported without published opinion. No error.
[Federal Register Volume 70, Number 165 (Friday, August 26, 2005)]
[Notices]
[Page 50380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17019]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Notice of Listing of Members of the National Institutes of 
Health's Senior Executive Service Performance Review Board (PRB)

    The National Institutes of Health (NIH) announces the persons who 
will serve on the National Institutes of Health's Senior Executive 
Service Performance Review Board. This action is being taken in 
accordance with Title 5, U.S.C., 4314(c)(4), which requires that 
members of performance review board be appointed in a manner to ensure 
consistency, stability, and objectivity in performance appraisals, and 
requires that notice of the appointment of an individual to serve as a 
member be published in the Federal Register.
    The following persons will serve on the NIH Performance Review 
Board, which oversees the evaluation of performance appraisals of NIH 
Senior Executive Service (SES) members: Ms. Colleen Barros (Chair), Dr. 
Norka Ruiz Bravo, Dr. Michael Gottesman, Ms. Lynn Hellinger, Dr. Barry 
Hoffer, Dr. Sharon Hrynkow, Dr. Betsy Humphreys, Dr. Raynard Kington, 
Dr. Lore Anne McNicol, Dr. Marcelle Morrison-Bogorad, Ms. Martha Pine, 
and Dr. Brent Stanfield.
    For further information about the NIH Performance Review Board, 
contact the Office of Human Resources, Workforce Relations Division, 
National Institutes of Health, Building 31/B3C07, Bethesda, Maryland 
20892, telephone (301) 402-9203 (not a toll-free number).

    Dated: August 16, 2005.
Elias A. Zerhouni,
Director, National Institutes of Health.
[FR Doc. 05-17019 Filed 8-25-05; 8:45 am]
BILLING CODE 4140-01-M
STATE v. BLACK.

COA06-576.

Court of Appeals of North Carolina.

Filed November 21, 2006.

Certification Date December 11, 2006.

Appeal from the Cleveland (04CRS52375, 04CRS7528).

Case reported without published opinion. No error.