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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ANGEL OSORNIO, 

Plaintiff-Appellant, 

 v. 

KILOLO KIJAKAZI, Acting Commissioner 

of Social Security, 

Defendant-Appellee.

No. 21-16306 

D.C. No. 3:19-cv-08267-GMS 

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

G. Murray Snow, Chief District Judge, Presiding

Submitted June 16, 2023**

San Francisco, California

Before: WALLACE, O’SCANNLAIN, and SILVERMAN, Circuit Judges.

Angel Osornio appeals from the District Court’s summary judgment holding 

that her complaint against the Commissioner of Social Security was untimely. 

* 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

JUN 16 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

Because the facts are known to the parties, we repeat them only as necessary to 

explain our decision. 

Any individual may commence a civil action within sixty days of the mailing 

to her of notice of the Commissioner’s final decision or within such further time as 

the Commissioner may allow. 42 U.S.C. 405(g). Osornio does not dispute that she 

failed to commence a civil action within the sixty-day deadline. She also did not 

request an extension to the sixty-day period.

The District Court correctly declined to apply equitable tolling. “[A] litigant 

seeking equitable tolling bears the burden of establishing two elements: (1) that he 

has been pursuing his rights diligently, and (2) that some extraordinary circumstance 

stood in his way.” Pace v. DiGuglielmo, 544 U.S. 408, 418 (2005). Osornio failed 

to demonstrate she pursued her rights diligently. Osornio does not dispute that she 

received an Appeals Council letter informing her of the sixty-day deadline to file a

complaint in the District Court or request an extension. Despite this, Osornio failed 

to file her complaint within the proscribed period. Furthermore, there is no evidence 

that some extraordinary obstacle stood in her way preventing her from asserting her

rights. See 544 U.S. at 418.1

AFFIRMED.

1 Osornio’s motion to expedite settlement, Docket No. 16, and supplemental motion 

to expedite settlement, Docket no. 17, are DENIED.
<TABLE> <S> <C>

<ARTICLE>  5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM PL
BRANDS, INC.'S QUARTERLY REPORT FOR THE QUARTER ENDED
JANUARY 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>               APR-30-1998
<PERIOD-END>                    JAN-31-1998
<CASH>                          177
<SECURITIES>                    0
<RECEIVABLES>                   579,747
<ALLOWANCES>                    0
<INVENTORY>                     157,869
<CURRENT-ASSETS>                899,211
<PP&E>                          1,337,636
<DEPRECIATION>                  0
<TOTAL-ASSETS>                  2,364,966
<CURRENT-LIABILITIES>           988,245
<BONDS>                         0
<COMMON>                        9,143
<PREFERRED-MANDATORY>           0
<PREFERRED>                     0
<OTHER-SE>                      2,128,906
<TOTAL-LIABILITY-AND-EQUITY>    (32,296)
<SALES>                         133,760
<TOTAL-REVENUES>                133,760
<CGS>                           90,690
<TOTAL-COSTS>                   90,690
<OTHER-EXPENSES>                156,502
<LOSS-PROVISION>                0
<INTEREST-EXPENSE>              0
<INCOME-PRETAX>                 (192,027)
<INCOME-TAX>                    0
<INCOME-CONTINUING>             (192,027)
<DISCONTINUED>                  102,131
<EXTRAORDINARY>                 0
<CHANGES>                       0
<NET-INCOME>                    (89,896)
<EPS-BASIC>                   .000
<EPS-DILUTED>                   .000



</TABLE>
CAPE FEAR RIVER WATCH, et al v. NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION, et al.

No. 373A14-1.

Supreme Court of North Carolina.

Oct. 10, 2014.

Mary Louise Lucasse, Special Deputy Attorney General, for North Carolina Environmental Management Commission.

Jennie Wilhelm Hauser, Special Deputy Attorney General.

Charles D. Case, Attorney at Law, Raleigh, for Duke Energy Carolinas, LLC, et al.

Matthew F. Hanchey, Attorney at Law.

James P. Cooney, III, Attorney at Law, Charlotte, for Duke Energy Carolinas, LLC, et al.

Austen D. Gerken, Jr., Attorney at Law, for Cape Fear River Watch, et al.

Amelia Y. Burnette, Attorney at Law.

J. Patrick Hunter, Attorney at Law.

Frank S. Holleman, III, Attorney at Law, for Cape Fear River Watch, et al.

**Opinion**

The following Order was entered:

> Pursuant to N.C.G.S. 7A-31(a) and (b)(2) and Rule 15(e)(2) of the North Carolina Rules of Appellate Procedure, the Court on its own initiative hereby certifies for review prior to determination in the Court of Appeals *Cape Fear River Watch v. NC Environmental Management Commission, et al.,* COA14-708. The case shall be docketed in this Court as of the date of this order. Briefs of the respective parties that have been submitted to the Court of Appeals shall be considered by this Court. Any party may file a new brief in this Court consistent with the North Carolina Rules of Appellate Procedure.
EXHIBIT 11
<PAGE>

                                   Exhibit 11

                   SKYSAT COMMUNICATIONS NETWORK CORPORATION
                       COMPUTATION OF NET LOSS PER SHARE

<TABLE>
<CAPTION>
                                                                  Year Ended
                                                         -----------------------------        Period from
                                                                                              Commencement
                                                                                             of Operations
                                                                                           (January 1, 1993)
                                                           December           December      to December 31,
                                                           31, 1995           31, 1996            1996
                                                         -----------        ----------       ----------- 
<S>                                                      <C>                <C>              <C>         
Net (Loss)                                                (1,654,243)       (2,985,306)      ($7,422,197)
                                                         -----------        ----------       ----------- 

Net (Loss) Attributable to Common Stockholders           ($1,654,243)      ($2,985,306)      ($7,422,197)

Weighted average Class A common stock outstanding          1,512,750         2,145,664         1,109,698

Weighted average Class B common stock outstanding          1,752,250         1,473,722         1,773,912

Less: Shares subject to Stock Restriction Agreement       (1,000,000)       (1,000,000)       (1,000,000)
                                                         -----------        ----------       ----------- 

Weighted average number of common stock and
common stock equivalents                                   2,265,000         2,619,386         1,883,610

Net (Loss) per Share of Common Stock Equivalents              ($0.73)           ($1.14)           ($3.94)
</TABLE>
STATE of North Carolina v. Phillip Raymond MARKUNAS.

No. COA15-548.

Court of Appeals of North Carolina.

Dec. 15, 2015.

**Case Reported Without Published Opinion**

Vacated and Remanded.
JONES v. JONES.

No. COA07-1542.

Court of Appeals of North Carolina.

Filed November 4, 2008.

Certification Date November 24, 2008.

Appeal from Brunswick (02CVD914).

Case reported without published opinion. Affirmed.
STATE of North Carolina v. Emile George FRYOU.

No. 419P15.

Supreme Court of North Carolina.

Jan. 28, 2016.

Richard Croutharmel, for Fryou, Emile George.

Mary Carla Babb, Assistant Attorney General, for State of North Carolina.

Robert S. Banks, District Attorney, for State of North Carolina.

*ORDER*

Upon consideration of the conditional petition filed on the 28th of December 2015 by State of NC 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:

> *480"Dismissed as moot by order of the Court in conference, this the 28th of January 2016."
##### 



Exhibit
10.16
 ASSIGNMENT AND ASSUMPTION AGREEMENT
TO
CHANGE IN CONTROL AND NONCOMPETITION AGREEMENT
          Definitions
 Assignments and Assumptions




---



##### 



Headings
 Entire Agreement
 Severability
 Counterparts
 Governing Law
 Remainder of page left intentionally blank




---



##### 



AMB PROPERTY, L.P.By:
    AMB Property Corporation, its general partnerBy:Name:
    Nancy HemmenwayTitle:
    SVP, Director of Human ResourcesAMB PROPERTY III, LLCBy: 
AMB Property, L.P., its managing member By: 
     AMB Property Corporation, its general partner By:Name:
    Thomas S. OlingerTitle:
    Chief Financial OfficerEXECUTIVEBy:Name:Title:
NC ASS'N OF EDUCATORS, INC., et al. v. STATE of NC.

No. 228A15-1.

Supreme Court of North Carolina.

Dec. 18, 2015.

Melissa L. Trippe, Special Deputy Attorney General, for the State of North Carolina.

Burton Craige, Raleigh, for North Carolina Association of Educators, Inc., et al.

Narendra K. Ghosh, Chapel Hill, for North Carolina Association of Educators, Inc., et al.

Philip A. Hostak, for North Carolina Association of Educators, Inc., et al.

John F. Maddrey, Solicitor General, for The State of North Carolina.

Elizabeth A. Fisher, Assistant Attorney Geneal, for The State of North Carolina.

J. Michael McGuinness, Elizabethtown, for Southern States Police Benevolent Association, et al.

Hardy Lewis, Raleigh, for State Employess Association of North Carolina, Inc.

Michael L. Carpenter, Gastonia, for N.C. Retired Governmental Employees' Association.

Marcus R. Carpenter, for N.C. Retired Government Employees' Association.

The following order has been entered on the motion filed on the 21st of December 2015 by State Employees Association of North Carolina, Inc. for leave to file Amicus Curiae Brief:

> "Motion Allowed by order of the Court in conference, this the 18th of December 2015."

*465Unless already submitted, the Amicus Brief shall be submitted to the court within the times allowed and in the manner provided by Appellate Rule 28(i).
1 TheHonorable Richard H. Kyle, United States District Judge for the District

of Minnesota, sitting by designation.



## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 00-1256

___________ Elmer C. Oberhellmann, a trustee of * an ERISA defined benefit pension plan, * * Appellant, * Appeal from the United States * District Court for the v. * Eastern District of Missouri. * Kristin Petersen Oberhellmann, a * [UNPUBLISHED] trustee and fiduciary of the ERISA * defined benefit pension plan, * * Appellee. *

___________ Submitted: January 11, 2001 Filed: January 19, 2001

___________ Before RICHARD S. ARNOLD and BOWMAN, Circuit Judges, and KYLE, 1 District Judge.

___________ PER CURIAM.2 TheHonorable Jean C. Hamilton, Chief Judge, United States District Court for

the Eastern District of Missouri. -2- TheDistrict Court 2 dismissed plaintiff Elmer C. Oberhellmann's lawsuit with prejudice as a sanction for plaintiff's repeated, knowing failure to adhere to the Federal Rules of Civil Procedure. Plaintiff appeals. Having reviewed the case, we are thoroughly satisfied the District Court did not abuse its discretion in dismissing plaintiff's case with prejudice. Accordingly, we affirm. AFFIRMED. See 8th Cir. R. 47B. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
# The Export Control (Iran Sanctions) (Amendment) Order 2013 (revoked)

        - Previous
        - Next

U.K.

Statutory Instruments

# 2013 No. 340

Customs

# The Export Control (Iran Sanctions) (Amendment) Order 2013 (revoked)F1

Made

16th February 2013

Laid before Parliament

19th February 2013

Coming into force

12th March 2013

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

F1Order revoked (6.5.2016) by The Export Control (Iran Sanctions) Order 2016 (S.I. 2016/503), **art. 1(2)(b)**
----

(2004/C 65 E/248)

WRITTEN QUESTION E-2852/03

by Raffaele Costa (PPE-DE) to the Commission

(26 September 2003)

Subject:   Italian projects submitted in the context of the Community action programme for public health

Data supplied by the Commission concerning the projects funded by the Community action programme for public health reveal that 171 projects worth a total of approximately EUR 37 million were approved and financed between 1996 and 2002. Only two of these were Italian projects and they accounted for only about EUR 500 000.

Can the Commission say how many Italian projected were submitted under this programme, in order to show whether few Italian projects were submitted or whether there were reasons for repeatedly considering the projects unsuitable?

Answer given by Mr Byrne on behalf of the Commission

(29 October 2003)

As shown in the table attached to the answer to the Honourable Member's Written Question E-2386/03 (1), funding was indeed provided for two Italian projects under the health promotion programme in the period 1996-2002:

Fifteen out of the 78 projects submitted under this programme in 2002 were Italian (In all, 18 projects were approved.).

Following calls for proposals, projects are selected solely on the basis of project quality, in accordance with strict criteria set out in the calls for proposals published in the Official Journal of the European Union. Nationality plays no part in the project evaluation.

However, the Commission would like to draw the Honourable Member's attention to two points:

----

(1)OJ C 33 E, 6.2.2004, p. 259.

----
Daniel J. MANSFIELD, Plaintiff, v. REAL ESTATE PLUS, INC. dba Management Services and Alfred Kwasi Foluke Aka Alfred L. Harkley, Defendants.

No. COA15-117.

Court of Appeals of North Carolina.

Dec. 1, 2015.

**Case Reported Without Published Opinion**

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                    
                -                       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 State

          - [Public Notice 5187] 

# AGENCY:

Department of State. 

# ACTION:

Notice. 

      ( print page 54099)    

# SUMMARY:

                        Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 [79 Stat. 985; 22 U.S.C. 2459], Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 [112 Stat. 2681,                         *et seq.*; 22 U.S.C. 6501 note,                         *et seq.*], Delegation of Authority No. 234 of October 1, 1999 [64 FR 56014], Delegation of Authority No. 236 of October 19, 1999 [64 FR 57920], as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the object to be included in the exhibition, “Ewer,” imported from abroad for temporary exhibition within the United States, is of cultural significance. The object is imported pursuant to a loan agreement with the foreign lender. I also determine that the exhibition or display of the exhibit object at the Metropolitan Museum of Art, New York, New York, from on or about September 30, 2005, to on or about September 30, 2006, and at possible additional venues yet to be determined, is in the national interest. Public Notice of these determinations is ordered to be published in the                         **Federal Register**                        .                     

# FOR FURTHER INFORMATION CONTACT:

For further information, contact Paul W. Manning, Attorney-Adviser, Office of the Legal Adviser, (202) 453-8052, and the address is United States Department of State, SA-44, Room 700, 301 4th Street, SW., Washington, DC 20547-0001. 

Dated: September 7, 2005. 

C. Miller Crouch, 

Principal Deputy Assistant Secretary for Educational and Cultural Affairs, Department of State. 

[FR Doc. 05-18109 Filed 9-12-05; 8:45 am] 

BILLING CODE 4710-08-P
Exhibit 99.13

CONSENT OF JACQUES SIMONEAU

Reference is made to the Annual Report on Form 40-F and the documents incorporated by reference therein (the 40-F) of Goldcorp Inc. (the Company) for the fiscal year ended
December 31, 2011, and any amendments thereto, to be filed with the United States Securities and Exchange Commission pursuant to the United States Securities Exchange Act of 1934, as amended, and the Annual Information Form (the
AIF) and Managements Discussion and Analysis (MD&A) of the Company for the year then ended, which are filed as exhibits to and incorporated by reference in the 40-F.

I hereby consent to the references to, and the information derived from, the following report(s) and to the references, as applicable, to
my name in connection with (including, as an expert or qualified person) the following report(s) and/or documents:



| | 1. | The technical report that has an effective date of January 26, 2012, entitled Éléonore Gold Project Quebec, Canada NI 43-101 Technical Report
(the Éléonore Report); and
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | The 40-F, the MD&A and the AIF, which include references in connection with information relating to the Éléonore Report and the Éléonore
Project, and the properties described therein.
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

I also hereby consent to the incorporation by reference of such
information contained in the 40-F, the MD&A and the AIF into Registration Statement Nos. 333-126038, 333-126039, 333-126040, 333-138760, 333-151243, 333-151251 and 333-174376 on Form S-8 of the Company.

Date: March 30, 2012

/s/ Jacques SimoneauName: Jacques Simoneau, P. Geo.
[Federal Register Volume 70, Number 175 (Monday, September 12, 2005)]
[Notices]
[Page 53775]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17982]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Notice of Madison-Beaverhead Advisory Committee Meeting

AGENCY: Forest Service, USDA.

ACTION: Notice of meetings.

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

SUMMARY: Pursuant to the authorities in the Federal Advisory Committee 
Act (Pub. L. 92-463) and the Secure Rural Schools and Community Self-
Determination Act of 2000 (Pub. L. 106-393), the Beaverhead-Deerlodge 
National Forest's Madison-Beaverhead Resource Advisory Committee will 
meet on Tuesday, October 11, 2005, from 10 a.m. until 4 p.m. in Alder, 
Montana, for a business meeting. The meeting is open to the public.

DATES: Tuesday, October 11, 2005.

ADDRESSES: The meeting will be held at the Fire Hall in Alder, Montana.

FOR FURTHER INFORMATION CONTACT: Thomas W. Heintz, Designated Forest 
Official (DFO), Forest Supervisor, Beaverhead-Deerlodge National 
Forest, at (406) 683-3973.

SUPPLEMENTARY INFORMATION: Agenda topics for these meetings include 
hearing and deciding on proposals for projects to fund under Title II 
of Pub. L. 106-393, hearing public comments, and other business. If the 
meeting location changes, notice will be posted in local newspapers, 
including the Dillon Tribune and The Montana Standard.

    Dated: September 6, 2005.
Thomas W. Heintz,
Acting Forest Supervisor.
[FR Doc. 05-17982 Filed 9-9-05; 8:45 am]
BILLING CODE 3410-11-M
Exhibit 10.8


January 4, 2010


 


Lantheus Medical Imaging, Inc.


Attention: Don Kiepert, Chief Executive Officer


 


Dear Don:


 


This letter agreement amends the Employment Agreement between Larry
Pickering and Lantheus Medical imaging, Inc. (the “Company”), dated
as of March 4, 2008, and amended as of January 1, 2009 (the “Employment
Agreement”).


 


Effective as of January 8, 2010, Larry Pickering will no longer
serve as Executive Chairman, Mr, Pickering will continue to serve as Chairman
of the Board, and will continue to be employed by the Company with the new
title/role of “Chairman of New Products”.


 


Effective as of January 8, 2010, Mr. Pickering’s base salary
will be payable at the annual rate of $200,000 during his employment with the Company; and Mr. Pickering will no
longer be eligible for the annual bonus referenced in Section 4 of the
Employment Agreement.


 


Except as specifically amended herein, the Employment Agreement shall
remain in full force and effect. The validity, interpretation, construction and
performance of this agreement shall be governed by the laws of New York. This
Agreement may be executed in counterparts.


 


If this letter correctly sets forth our agreement, please sign and
return this letter to the attention of Ben Silbert.


 


Sincerely,


 


	
  /s/ Larry Pickering

  	
   

  
	
  Larry Pickering

  	
   

  



 


 


ACCEPTED AND AGREED:


 


Lantheus Medical Imaging, Inc.


 


	
  /s/ Donald R. Kiepert

  	
   

  
	
  DONALD R. KIEPERT
Exhibit 99.4**Consent of Independent Registered Chartered Accountants**     We consent to the use in this Amendment No. 1 to Annual Report on Form 40-F of our reportdated March 3, 2006 relating to the consolidated financial statements of Goldcorp Inc. for the yearended December 31, 2005, and to the reference to us under the heading “Interests of Experts” in theAnnual Information Form dated March 20, 2006 filed as part of this Annual Report on Form 40-F.     We also consent to the incorporation by reference in Registration Statements Nos. 333-126037,333-126038, 333-126039, 333-126040 and 333-138760 on Form S-8 of our report dated February 7, 2006appearing in this amendment to the Annual Report on Form 40-F of Goldcorp Inc. for the year endedDecember 31, 2005.Deloitte & Touche LLP