alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1Pursuant to 5TH CIR. R. 47.5, the Court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 97-50811

Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

VERSUS

ALVARO NARVIZ-GUERRA, et al., 

Defendants,

GRACIELA JIMENEZ ARAGON,

Claimant-Appellant.

Appeal from the United States District Court

For the Western District of Texas

(A-95-CR-193)

August 17, 1998

Before DUHÉ, DEMOSS, and DENNIS, Circuit Judges.

PER CURIAM:1

Graciela Jimenez Aragon (“Aragon”) appeals the dismissal of

her third-party petition opposing the preliminary forfeiture order

of Las Moras ranch. A jury entered the order after the trial and

conviction of Alvaro Narviz Guerra and Larry Austin Grant on drug,
2

money laundering, and conspiracy charges. Aragon argues that the

district court erred in dismissing her petition for lack of

standing, or alternatively, granting summary judgment. She also

argues that the district court violated her right to due process by

failing to hold an oral hearing, by considering evidence from the

criminal trial, and by failing to stay the final order of

forfeiture pending this appeal.

 We have reviewed the record and the parties’ briefs and

affirm the district court’s finding that Aragon could not survive

a motion for summary judgment. Summary judgment requires a nonmovant to support her claim with specific facts and to show a

genuine issue of material fact exists. FED. R. CIV. PRO. 56(c); see

also Lujan v. Defenders of Wildlife, 504 U.S. 555, 561 (1992)

(recognizing that general factual allegations may suffice to defeat

a motion to dismiss for lack of standing, but specific facts must

be shown to defeat a motion for summary judgment). Here, Aragon

has offered no proof in opposition to the motion other than her own

speculation, hearsay from unknown sources, and references to

evidence not in the record. Therefore, she fails to support her

claim of ownership with specific facts and to show that a genuine

issue of material fact exists as to whether she has title and

whether her parents had any interest in the property. Melton v.

Teachers Ins. & Annuity Ass’n of America, 114 F.3d 557, 559 (5th

Cir. 1997). 

We do not address Aragon’s remaining claims because her lack

of standing renders them moot.
3

AFFIRMED.
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                    
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                -                       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 Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463 as amended), the National Science Foundation announces the following meeting:

# NAME:

Proposal Review Panel for Materials Research (DMR) #1203.

# DATES & TIMES:

                        September 27, 2005; 7 p.m.-8:30 p.m. (closed)                              ( print page 51377)    

September 28, 2005; 7:45 a.m.-9 p.m. (open 7:45 a.m.-11:45 a.m., 12:45 p.m.-4:45 p.m., 6:15 p.m.-7 p.m.

September 29, 2005; 8 a.m.-4 p.m. (open 9 a.m.-10:45 a.m.)

# PLACE:

Massachusetts Institute of Technology, Cambridge, MA.

# TYPE OF MEETING:

Part Open.

# CONTACT PERSON:

Dr. Ulrich Strom, Program Director, Materials Research Science and Engineering Centers, Division of Materials Research, Room 1065, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230, Telephone (703) 292-4938.

# PURPOSE OF MEETING:

To provide advice and recommendations concerning progress of Materials Research Science and Engineering Center.

# AGENDA:

September 27, 2005—Closed to brief site visit panel

September 28-29, 2005—Open for Directors overview of Materials Research Science and Engineering Center and presentations. Closed to review and evaluate progress of Materials Research Science and Engineering Center.

# REASON FOR CLOSING:

The work being reviewed may include information of a proprietary or confidential nature, including technical information; financial data, such as salaries and personal information concerning individuals associated with the proposals. These matters are exempt under 5 U.S.C. 552b(c), (4) and (6) of the Government in the Sunshine Act.

Dated: August 25, 2005.

Susanne Bolton,

Committee Management Officer.

[FR Doc. 05-17219 Filed 8-29-05; 8:45 am]

BILLING CODE 7555-01-M
**Exhibit 99.1**

 

ANNUAL SERVICER’S CERTIFICATE

 

SAKS INCORPORATED 

 

The undersigned, a duly authorized representative of Saks Incorporated, asServicer, pursuant to the Master Pooling and Servicing Agreement dated as of August 21, 1997, as amended, (the “Pooling and Servicing Agreement”), between Saks Credit Corporation, as Transferor, Saks Incorporated, as Servicer and WellsFargo Bank Minnesota, National Association, as Trustee, does hereby certify that: 

 

1.    Capitalized terms used but not defined in this Annual Servicer’s Certificate have their respective meanings set forth in the Pooling and Servicing Agreement. 

 

2.    As of the date hereof, Saks Incorporated is theServicer under the Pooling and Servicing Agreement 

 

3.    The undersigned is duly authorized pursuant to the Pooling and Servicing Agreement to execute and deliver this Officer’s Certificate to the Trustee. 

 

4.    This Officer’s Certificate is deliveredpursuant to Section 3.5 of the Pooling and Servicing Agreement. 

 

5.    A review of the activities of the Servicer during the year ended December 31, 2001 and of its performance under the Pooling and Servicing Agreement was made under my supervision. 

 

6.    Based on such review, to the best of my knowledge,the Servicer has fully performed all its obligations under the Pooling and Servicing Agreement throughout such calendar year and no event which, with the giving of notice or passage of time or both, would constitute a Servicer Default has occurredor is continuing except as set forth in paragraph 7 below. 

 

7.    The following is a description of each Servicer Default under the provisions of the Pooling and Servicing Agreement known to me to have been made during the year ended December 31, 2001 which sets forth indetail (i) the nature of each such Servicer Default, (ii) the action taken by the Servicer, if any, to remedy each such Servicer Default and (iii) the current status of each such Servicer Default: 

 

N/A 

 

IN WITNESS WHEREOF, the undersigned, a duly authorized Servicing Officer of the Servicer, has duly executed thisOfficer’s Certificate this 27th day of June, 2002.
# Political and Security Committee Decision EUTM MALI/1/2014 (repealed)Show full title

Political and Security Committee Decision EUTM MALI/1/2014 of 18 March 2014 on the appointment of the EU Mission Commander            for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) and repealing            Decision EUTM MALI/1/2013 (2014/174/CFSP) (repealed)         

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U.K.

# Political and Security Committee Decision EUTM MALI/1/2014                     

# of 18 March 2014

# on the appointment of the EU Mission Commander for the European Union military mission to contribute to the training of the                        Malian Armed Forces (EUTM Mali) and repealing Decision EUTM MALI/1/2013                     

# (2014/174/CFSP) (repealed)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                        

Textual Amendments

F1Repealed by 2014/719/CFSP: Political and Security Committee Decision EUTM MALI/3/2014 оf 9 October 2014 on the appointment of the EU Mission                                 Commander for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) and                                 repealing Decision EUTM MALI/1/2014.
EXHIBIT 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER

AND CHIEF FINANCIAL OFFICER

PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. 1350)



In connection with the Quarterly Report on
Form 10-Q of Wells Real Estate Fund IX, L.P. (the Registrant) for the quarterly period ended March 31, 2004, as filed with the Securities and Exchange Commission (the Report), the undersigned, Leo F. Wells, III, Chief
Executive Officer of the corporate general partner of one of the General Partners of the Registrant, and Douglas P. Williams, Chief Financial Officer of the corporate general partner of one of the General Partners of the Registrant, hereby certify,
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), that, to the best of our 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 Registrant.
| | --- |  | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                      
|------------------------------------------------------
|                                                      
|                                                      
|/S/ LEO F. WELLS, III                                 
|                                                      
|Leo F. Wells, III Chief Executive
Officer May 11, 2004

|                                                        
|--------------------------------------------------------
|                                                        
|                                                        
|/S/ DOUGLAS P. WILLIAMS                                 
|                                                        
|Douglas P. Williams Chief Financial
Officer May 11, 2004
In the Matter of Z.D.H. (appealed by New Hanover Department of Social Services).

No. 358P07.

Supreme Court of North Carolina.

December 6, 2007.

Julia Talbutt, Dean W. Hollandsworth, Wilmington, for New Hanover DSS.

David Gordon, Assistant Attorney General, for DHHS.

Paula Greene, Elizabethtown, for Guardian.

Elva Jess, Southport, for Brunswick Co DSS.

Prior report: ___ N.C.App. ___, 646 S.E.2d 374.

*ORDER*

Upon consideration of the petition filed on the 24th day of July 2007 by Petitioner (New Hanover DSS) 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 *33hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 6th day of December 2007."
Exhibit 10.45



AMENDMENT 2007-1

TO THE

NOVADEL PHARMA INC.

1998 STOCK OPTION PLAN



WHEREAS, NovaDel Pharma Inc. (the Company) maintains the NovaDel Pharma Inc. 1998 Stock Option Plan (the Plan) for the benefit of its and its affiliates qualifying employees, directors and consultants;

WHEREAS, pursuant to Section 2.3 of the Plan, the Board of Directors of the Company (the Board) previously amended the Plan;

WHEREAS, this amendment memorializes and ratifies such amendment.

NOW, THEREFORE, in accordance with the foregoing, effective March 2, 2007, the Plan is amended as follows:

1.
        Section 2.1 shall be amended and restated as follows:


2.1   COMMITTEE MEMBERSHIP. The Plan shall be administered by the Board or a Committee. Committee members shall serve for such term as the Board may in each case determine, and shall be subject to removal at any time by the Board. The Committee, in its sole discretion, shall have the right to delegate all or any part of its authority under the Plan to a sub-committee comprised of no less than two members of the Board. In addition, the Committee, in its sole discretion, shall have the right to delegate all or any part of its authority under the Plan for grants to non-officer employees to the chief executive officer of the Company with limitations established by the Committee. In no event, however, will the chief executive officer be authorized to make option grants to any executive officer or board member.

2.
        In all respects not amended, the Plan is hereby ratified and confirmed.




[SIGNATURE PAGE FOLLOWS]



---



IN WITNESS WHEREOF, to record the adoption of this Amendment 2007-1 to the Plan, the Company has caused the execution of this instrument, substantially in the form as set forth herein, on this 2nd day of March, 2007.





Attest:
        
        NOVADEL PHARMA INC./s/MICHAEL E. SPICER
        
        By:
        /s/JAN H. EGBERTSMichael E. Spicer
        
        
        Jan H. EgbertsChief Financial Officer and Corporate Secretary
        
        
        President and Chief Executive Officer






1-PR/1338261.1
##### 



Exhibit No. 31.1 CERTIFICATION PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACTS OF 2002 I, Steven Vick, certify that:  1.
    
    I have reviewed this quarterly report on Form 10Q of Assisted
Living Concepts, 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 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 and procedures,
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 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 and presented in this
report our conclusions about 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 the registrant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
over financial reporting; and  5.
    
    The registrants other certifying 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 the registrants board of directors (or persons
performing the equivalent functions):  (a)
    
    All significant deficiencies 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 financial information; and(b)
    
    Any fraud, whether or not material, that involves
management or other employees who have a significant role in
the registrants internal control over financial reporting. Dated: August 3, 2004
    
    /s/ Steven VickSteven Vick, Chief Executive Officer and President
# Council Decision of 11 February 2014 appointing a German alternate member of the Committee of the Regions (2014/81/EU)

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U.K.

# Council Decision

# of 11 February 2014

# appointing a German alternate member of the Committee of the Regions

# (2014/81/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,

Having regard to the proposal of the German Government,

Whereas:

(1)On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU(1) and 2010/29/EU(2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January                              2015.

(2)An alternate member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Ms                              Ursula MÄNNLE,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

The following is hereby appointed as alternate member to the Committee of the Regions for the remainder of the current term                     of office, which runs until 25 January 2015:                  
          -  Dr Franz RIEGER, *Mitglied des Landtags*.                         

# Article 2U.K.

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 11 February 2014.

*For the Council*                            

*The President*                            

E. Venizelos                            

1

OJ L 348, 29.12.2009, p. 22.                           

2

OJ L 12, 19.1.2010, p. 11.
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 01-7788

KEITH D. MORAN, Petitioner - Appellant, versus J.R. HUNT, JR., Respondent - Appellee.Appeal from the United States District Court for the Middle District of North Carolina, at Durham. James A. Beaty, Jr., District Judge. (CA-01-34-1) Submitted: February 21, 2002 Decided: March 5, 2002 Before WILKINS, MOTZ, and TRAXLER, Circuit Judges. Dismissed by unpublished per curiam opinion. Keith D. Moran, Appellant Pro Se. Clarence Joe DelForge, III, OFFICE OF THE ATTORNEY GENERAL OF NORTH CAROLINA, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Keith D. Moran appeals the district court’s order dismissing his petition filed under 28 U.S.C.A. § 2254 (West 1994 & Supp. 2001) as untimely. We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we deny leave to proceed in forma pauperis, deny a certificate of appealability, and dismiss the appeal on the reasoning of the district court. See Moran v. Hunt , No. CA-01-34-1 (M.D.N.C. Sept. 5, 2001). 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.

DISMISSED
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<MULTIPLIER>	 	1,000
       
<S>				                  				<C>
<PERIOD-TYPE>						            9-MOS
<FISCAL-YEAR-END>					        	Dec-31-1996
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<PERIOD-END>				            	    SEP-30-1996
<CASH>				                		    23571
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<RECEIVABLES>						           	14436
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<INVENTORY>							            4190
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<CURRENT-LIABILITIES>	     				    23187
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<INCOME-CONTINUING>			      			    10482
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<CHANGES>							            0
<NET-INCOME>            					    10482
<EPS-PRIMARY>						           	0
<EPS-DILUTED>						           	0
        

</TABLE>
EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

AND CHIEF FINANCIAL OFFICER

PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. 1350)

In
connection with the Quarterly Report of Wells Real Estate Fund VIII, L.P. (the Registrant) on Form 10-Q for the period ended June 30, 2010, as filed with the Securities and Exchange Commission (the Report), the
undersigned, Leo F. Wells, III, Chief Executive Officer of the corporate general partner of one of the General Partners of the Registrant, and Douglas P. Williams, Chief Financial Officer of the corporate general partner of one of the
General Partners of the Registrant, hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), that, to the best of our 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 Registrant.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



| |  |                        
| |  | -----------------------
| |  | /s/ LEO F. WELLS, III  
| |  | Leo F. Wells, III      
| |  | Chief Executive Officer
| |  | August 12, 2010        



| |  |                        
| |  | -----------------------
| |  | /s/ DOUGLAS P. WILLIAMS
| |  | Douglas P. Williams    
| |  | Chief Financial Officer
| |  | August 12, 2010