alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

ESTHER FUCHS,

 Plaintiff - Appellant,

 v.

UNIVERSITY OF ARIZONA,

 Defendant - Appellee.

No. 11-15333

D.C. No. 4:10-cv-00606-DCB

MEMORANDUM*

Appeal from the United States District Court

for the District of Arizona

David C. Bury, District Judge, Presiding

Submitted January 17, 2012** 

Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges. 

Esther Fuchs appeals pro se from the district court’s order denying her

motion to reconsider the court’s judgment dismissing her action under the

Americans with Disabilities Act. We have jurisdiction under 28 U.S.C. § 1291.

FILED

JAN 24 2012

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-15333

We review for an abuse of discretion, Sch. Dist. No. 1J, Multnomah County, Or. v.

ACandS, Inc., 5 F.3d 1255, 1262 (9th Cir. 1993), and we affirm.

The district court did not abuse its discretion by denying Fuchs’s motion to

reconsider because Fuchs failed to show grounds warranting reconsideration. See

id. at 1263 (stating grounds for relief under Fed. R. Civ. P. 60(b)). 

 We do not consider matters not specifically and distinctly raised and argued

in the opening brief, nor issues raised for the first time on appeal. See Padgett v.

Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009) (per curiam) (declining to consider

matters not distinctly argued in the opening brief). We also do not consider any

documents attached to Fuchs’s briefs that were not part of the district court record. 

See Barcamerica Int’l USA Trust v. Tyfield Imps., Inc., 289 F.3d 589, 595 (9th Cir.

2002).

AFFIRMED.
Case 1:07-cv-03494-DLC     Document 51      Filed 08/13/2007     Page 1 of 1
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

###### National Institutes of Health

                    Notice is hereby given of a change in the meeting of the Pathobiology of Kidney Disease Study Section, October 11,  2007, 8 a.m. to October 12, 2007, 5 p.m., Hotel Rouge, 1315 16th Street, NW., Washington, DC 20036 which was published in the                     **Federal Register**                     on September 21, 2007, 72 FR 54051-54054.                

The meeting will be held one day only—October 11, 2007, 8 a.m. to 6 p.m. The meeting location remains the same. The meeting is closed to the public.

Dated: October 2, 2007.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. 07-4993 Filed 10-9-07; 8:45 am]

BILLING CODE 4140-01-M
<TABLE> <S> <C>


<ARTICLE>                                           UT
<LEGEND>
          This schedule  contains summary financial  information  extracted from
          the  Statement of Income,  Balance  Sheet and Statement of Cash Flows,
          and is  qualified  in its  entirety  by  reference  to such  financial
          statements.
</LEGEND>
           
<MULTIPLIER>                                   1000
       
<S>                                            <C>
<PERIOD-TYPE>                                  3-MOS
<FISCAL-YEAR-END>                              MAR-31-1998
<PERIOD-END>                                   JUN-30-1997
<BOOK-VALUE>                                   PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                       3,729,419
<OTHER-PROPERTY-AND-INVEST>                        19,235
<TOTAL-CURRENT-ASSETS>                            830,268
<TOTAL-DEFERRED-CHARGES>                           81,133
<OTHER-ASSETS>                                  7,191,818
<TOTAL-ASSETS>                                 11,851,873
<COMMON>                                          605,923
<CAPITAL-SURPLUS-PAID-IN>                       1,085,508
<RETAINED-EARNINGS>                               840,034
<TOTAL-COMMON-STOCKHOLDERS-EQ>                  2,531,465
<PREFERRED-MANDATORY>                             638,500
<PREFERRED>                                        63,584
<LONG-TERM-DEBT-NET>                            4,371,675
<SHORT-TERM-NOTES>                                      0
<LONG-TERM-NOTES-PAYABLE>                               0
<COMMERCIAL-PAPER-OBLIGATIONS>                          0
<LONG-TERM-DEBT-CURRENT-PORT>                     101,000
<PREFERRED-STOCK-CURRENT>                           1,050
<CAPITAL-LEASE-OBLIGATIONS>                             0
<LEASES-CURRENT>                                        0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                  4,144,599
<TOT-CAPITALIZATION-AND-LIAB>                  11,851,873
<GROSS-OPERATING-REVENUE>                         664,488
<INCOME-TAX-EXPENSE>                               32,978
<OTHER-OPERATING-EXPENSES>                        487,431
<TOTAL-OPERATING-EXPENSES>                        520,409
<OPERATING-INCOME-LOSS>                           144,079
<OTHER-INCOME-NET>                                  4,221
<INCOME-BEFORE-INTEREST-EXPEN>                    148,300
<TOTAL-INTEREST-EXPENSE>                          103,139
<NET-INCOME>                                       45,161
<PREFERRED-STOCK-DIVIDENDS>                        12,968
<EARNINGS-AVAILABLE-FOR-COMM>                      32,193
<COMMON-STOCK-DIVIDENDS>                           53,844
<TOTAL-INTEREST-ON-BONDS>                          87,916
<CASH-FLOW-OPERATIONS>                            133,684
<EPS-PRIMARY>                                       $0.26
<EPS-DILUTED>                                       $0.26
        


</TABLE>
##### 



EXHIBIT 12.1 GRACECHURCH CARD FUNDING (NO. 6) PLC
Certification Pursuant to Section 302 of the Sarbanes-Oxley Act 2002 I, Paul Gerard Turner, certify that: 1.
    
    I have reviewed this annual report on Form 20-F, and all reports on
Form 6-K containing distribution or servicing reports filed in respect
of periods included in the year covered by this annual report, of
Gracechurch Card Funding (No. 6) PLC;2.
    
    Based on my knowledge, the information in these reports, taken as a
whole, 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 as of the last day of the period covered by this annual
report;3.
    
    Based on my knowledge, the distribution or servicing information
required to be provided to the trustee by the servicer under the
pooling and servicing, or similar, agreement, for inclusion in these
reports is included in these reports;4.
    
    I am responsible for reviewing the activities performed by the
servicer under the pooling and servicing, or similar, agreement and
based upon my knowledge and the annual compliance review required
under that agreement, and except as disclosed in the reports, the
servicer has fulfilled its obligations under that agreement; and5.
    
    The reports disclose all significant deficiencies relating to the
servicers compliance with the minimum servicing standards based upon
the report provided by an independent public accountant, after
conducting a review in compliance with the Uniform Single Attestation
Program for Mortgage Bankers or similar procedure, as set forth in the
pooling and servicing, or similar, agreement.
 By: /s/ Paul Gerard TurnerName:
    
    Paul Gerard TurnerTitle:
    
    DirectorDate:
    
    June 30, 2005
Case 1:07-cv-03545-DAB Document 19-9 Filed 10/22/2007 Page 1 of 2
Case 1:07-cv-03545-DAB Document 19-9 Filed 10/22/2007 Page 2 of 2
## United States Court of Appeals FOR THE EIGHTH CIRCUIT

___________ No. 97-4398

___________ In re: Kieffer-Mickes, Inc., * * Debtor, * *

--------------------- * * Carolynne Kieffer, * * Appellant, * Appeal from the United States * District Court for the v. * Eastern District of Missouri. * Charles W. Riske, * [UNPUBLISHED] * Appellee, * *

--------------------- * * Peter Lumaghi, * * Trustee. *

___________ Submitted: December 2, 1998 Filed: December 7, 1998

___________ Before FAGG, BEAM, and LOKEN, Circuit Judges.

___________ PER CURIAM.The Honorable Jean C. Hamilton, Chi ef Judge, United States District Court for 1 the Eastern District of Missouri. 2– Carolynne Kieffer appeals the district court & s order dismissing her bankruptcy 1 appeal, and the court & s subsequent order denying recon sideration. After careful review of the rec ord and the parties & briefs, we affirm the judgment of the district court dismissingthe bankruptcy appeal for the reasons set forth in its opinion, and we also affirmthe denial of Kieffer & s motion for reconsideration as no abuse of discretio n occurred. See 8th Cir. R. 47B. A true copy. Attest: CLE RK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT
.
#### STATE v. JAMES

No. 421P82.

Case below: 58 N.C. App. 239.

Petition by defendant for discretionary review under G.S. 7A-31 denied 5 October 1982.
exv10w13






Exhibit 10.13



Portions herein identified by [***] have been omitted pursuant to a request for confidential
treatment under Rule24b-2 promulgated under the Securities Exchange Act of 1934, as amended. A
complete copy of this document has been filed separately with the Securities and Exchange
Commission.




9 July 2009




The Australian Traffic Network Pty Limited

Level 42

100 Miller Street

Sydney NSW 2060




Att: Mr Bill Pezzimenti




Dear Mr Pezzimenti



VARIATION TO CONTRACT BETWEEN THE AUSTRALIAN TRAFFIC NETWORK PTY LIMITED (“ATN”) AND AUSTEREO PTY
LIMITED (“AUSTEREO”)



I refer to the above agreement between ATN and Austereo that commenced on 1 July 2008 (the
“Agreement”) in relation to the provision of Traffic Reports (including Tags) by ATN to be
broadcast by Austereo on its Stations (all capitalised terms are as defined in the Agreement).



The parties hereby agree to vary the terms of the Agreement as follows:





	 	1.	 	Commencing on 1 July 2009, for 50 weeks per annum until the end of the Term, an extra
scheduled spot will be provided to ATN at 6.40pm from Monday to Friday for B105 FM, Fox FM
and 2Day FM (750 extra spots per annum);
	 
	 	2.	 	For 50 weeks per annum until the end of the Term, an extra scheduled spot will be
provided to ATN at 6.55pm Monday to Thursday for Triple M, Melbourne (200 extra spots per
annum). For the avoidance of doubt, an extra spot for Triple M, Melbourne has already been
provided to ATN on Fridays since the beginning of the AFL season. ATN will not be charged
for this spot for the remainder of the Term of this Agreement; and
	 
	 	3.	 	The Fee set out in Item 2 of Schedule C of the Agreement shall be increased to $[***]
per annum exclusive of GST, in monthly installments of $[***] which reflects an $[***]
($[***]per spot) increase in the value of the Agreement per annum.




The parties confirm that all other terms and conditions contained in the Agreement remain unchanged
and in operation.



Can you, please confirm your acceptance of the above variation to the Agreement by counter-signing
below and returning a copy marked to my attention.














 








Yours sincerely




	 	 	 	 	 
	 	 	 
	/s/ Geriant Davies
 	 	 
	Geraint Davies 	 	 
	Chief Operating Officer Austereo Pty Limited 	 	 
	 



We agree to the variation to the Agreement as set above:




	 	 	 	 	 
	 	 	 
	/s/ Bill Pezzimenti
 	 	 
	Signed by its Authorised Officer 	 	 
	The Australian Traffic Network Pty Limited 	 	 
	 



Name: Bill Pezzimenti

Dated: 12/08/09
#### MENDLOVITZ v. MENDLOVITZ

No. 483P82.

Case below: 58 N.C. App. 413.

Petition by defendant for discretionary review under G.S. 7A-31 denied 21 September 1982.
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

ROBERT LEE HONG,

Plaintiff,

vs. CASE NO.: 4:10-cv-155-SPM-WCS

WALTER MCNEIL, et al.,

Defendants.

___________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

THIS CAUSE comes before the court upon the Magistrate Judge’s Report

and Recommendation (doc. 48). The Parties have been furnished copies and have

been afforded an opportunity to file objections pursuant to Title 28, United States

Code, Section 636(b)(1). No objections have been filed. Having considered the

Report and Recommendation, it is hereby ORDERED AND ADJUDGED as follows:

1. The Magistrate Judge’s Report and Recommendation (doc. 48) is

adopted and incorporated by reference in this order.

2. Defendants’ first Motion for Summary Judgment (doc. 44) is denied

without prejudice.

3. Defendants shall file an answer to the third amended complaint within

ten days of the date of this Order.

4. This case is remanded to the Magistrate Judge for further 
proceedings.

DONE AND ORDERED this twentieth day of April, 2011.

s/ Stephan P. Mickle 

Stephan P. Mickle

Chief United States District Judge
---

Exhibit 32.1

CERTIFICATION 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 Annual Report of Fairchild International Corporation (the “Company”) on Form 10-KSB for the period ended December 31, 2004, as filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, Anish Somani, Chief Executive Officer and Chief Financial Officer of the Company, 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, and                               
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------
|   |                                                                                                                                                           
|2) | The information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the Company.

|By: | /s/ Anish Somani            | 
|--- | --------------------------- | 
|    |                             | 
|    | Anish Somani,               | 
|    | Chief Executive Officer and | 
|    | Chief Financial Officer     | 
|    | April 15, 2005              | 

---
#### STATE v. HARRISON

No. 209P82.

Case below: 56 N.C. App. 368.

Petition by defendant for discretionary review under G.S. 7A-31 denied 13 July 1982.
Exhibit 32.1

Statement of Chief Executive Officer

Pursuant to Section 1350 of Title 18 of the United
States Code

Pursuant to Section 1350 of Title 18 of the United States Code as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned, Michael J. Hagan, the Chief Executive Officer of NutriSystem, Inc. (the Company), hereby certifies that based on the undersigneds knowledge:



| | 1) | The Companys Form 10-K Annual Report for the period ended December 31, 2005 (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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |                        
|-------------------- |  |  |  | -----------------------
|                     |  | 
|Date: March 13, 2006 |  |  |  | /s/    MICHAEL J. HAGAN
|                     |  |  |  | Chief Executive Officer
#### IN RE NORWOOD and IN RE HAIGLER

No. 103 PC.

Case below: 43 N.C. App. 356.

Petition by Norwood for discretionary review under G.S. 7A-31 denied 8 January 1980.
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 Quarterly Report on Form 10-Q of Kewaunee Scientific Corporation (the
Company) for the period ending October 31, 2004, I, William A. Shumaker, President and Chief Executive Officer of the Company, hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to my knowledge:



| | (1) | such Form 10-Q of the Company for the period ended October 31, 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 Form 10-Q of the Company for the period ended October 31, 2004, fairly presents, in all material respects, the financial condition and results of
operations of the Company.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



Date: December 13, 2004



/s/    WILLIAM A.
SHUMAKERWilliam A. ShumakerPresidentand Chief Executive Officer




24
[Federal Register Volume 72, Number 191 (Wednesday, October 3, 2007)]
[Notices]
[Page 56396]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-4915]


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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]


In the Matter of China Expert Technology, Inc.; Order of 
Suspension of Trading

October 1, 2007.
    It appears to the Securities and Exchange Commission that there is 
a lack of current and accurate information concerning the securities of 
China Expert Technology, Inc. (``China Expert'') because of questions 
regarding the adequacy and accuracy of publicly-disseminated 
information concerning, among other things, China Expert's: (1) 
Financial performance and business prospects and (2) current financial 
condition.
    The Commission is of the opinion that the public interest and the 
protection of investors require a suspension of trading in the 
securities of the above-listed company.
    Therefore, it is ordered, pursuant to section 12(k) of the 
Securities Exchange Act of 1934, that trading in the above-listed 
company is suspended for the period from 9:30 a.m. EDT, October 1, 2007 
through 11:59 p.m. EDT, on October 12, 2007.

    By the Commission.
Nancy M. Morris,
Secretary.
[FR Doc. 07-4915 Filed 10-1-07; 11:45 am]
BILLING CODE 8011-01-P
#### The People of the State of New York ex rel. Peter T. Rehill, Appellant, *v.*Arthur Woods, as Police Commissioner of the City of New York, Respondent.

*People ex rel. Rehill*v. *Woods,*179 App. Div. 905, affirmed.

(Submitted May 28, 1918;

decided June 11, 1918.)

Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered *565June 8, 1917, which dismissed a writ of certiorari and confirmed the determination of the police commissioner of the city of New York dismissing the relator, a police sergeant, from the police department of the city of New York. The relator was charged with neglect of duty, violation of the rules and conduct prejudicial to good order, efficiency and discipline, tried upon said charges and dismissed.

*Thomas W. Me Knight*for appellant.

*William P. Burr, Corporation Counsel ('William B. Carswell*of-counsel), for respondent.

Order affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Pound, McLaughlin, Crane and Andrews, JJ.
##### 



Exhibit 32.1 Certification 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 Form 10-Q/A of Koss Corporation (the Company) for the
quarter ended September 30, 2003, as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, Michael J. Koss, Chief
Executive Officer and Chief Financial Officer of the Company, certify, pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that the Report fully complies with the
requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act
of 1934, as amended, and the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company. /s/ Michael J. KossMichael J. KossChief Executive Officer andChief Financial Officer/s/ Michael J. KossDate: November 17, 2004
 Note: This certification accompanies the Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not be deemed filed, except to the extent
required by the Sarbanes-Oxley Act of 2002, by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended. 22 of  22
# C_2011249EN.01000701.xml

| 26.8.2011 | EN | Official Journal of the European Union | C 249/7 |
| --- | --- | --- | --- |

26.8.2011

EN

Official Journal of the European Union

C 249/7

---

Information communicated by Member States regarding closure of fisheries

2011/C 249/07

In accordance with Article 35(3) of Council Regulation (EC) No 1224/2009 of 20 November 2009 establishing a Community control system for ensuring compliance with the rules of the common fisheries policy (1), a decision has been taken to close the fishery as set down in the following table:

1

| Date and time of closure | 18.7.2011 |
| --- | --- |
| Duration | 18.7.2011-31.12.2011 |
| Member State | The Netherlands |
| Stock or Group of stocks | COD/7XAD34 |
| Species | Cod (Gadus morhua) |
| Zone | VIIb, VIIc, VIIe-k, VIII, IX and X; EU waters of CECAF 34.1.1 |
| Type(s) of fishing vessels | — |
| Reference number | — |

Date and time of closure

18.7.2011

Duration

18.7.2011-31.12.2011

Member State

The Netherlands

Stock or Group of stocks

COD/7XAD34

Species

Cod (Gadus morhua)

Gadus morhua

Zone

VIIb, VIIc, VIIe-k, VIII, IX and X; EU waters of CECAF 34.1.1

Type(s) of fishing vessels

—

Reference number

—

Web link to the decision of the Member State:

http://ec.europa.eu/fisheries/cfp/fishing_rules/tacs/index_en.htm

---

(1)  OJ L 343, 22.12.2009, p. 1.

1

---
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

UNITED STATES,

Plaintiff,

vs. CASE NO. 5:10cv141/RS-EMT

PHILLIP D. ELKINS and

VICKI L. ELKINS, 

Defendants.

_________________________________/

ORDER

Before me is the Suggestion of Bankruptcy (Doc. 5). This case is stayed 

until further order.

ORDERED on August 31, 2010.

/S/ Richard Smoak 

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE