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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

HUY NGUYEN, individually and on behalf of all others similarly situated,

Plaintiff

- Appellee,

v.
WELLS FARGO BANK, N.A.,

Defendant

- Appellant. No. 17

- 17510

D.C. No. 3:15

- cv

- 05239

- JCS

MEMORANDUM *

Appeal from the United States District Court for the Northern District of California Joseph C. Spero, Magistrate Judge, Presiding

Argued and Submitted April 19, 2019 San Francisco, California

Before: HAWKINS and M. SMITH, Circuit Judges, and LYNN, ** District Judge.
Wells Fargo appeals the grant of class certification on Huy Nguyen’s expense

reimbursement and late payment claims, both brought pursuant to the Californ ia

Labor Code . We have jurisdiction under 28 U.S.C. § 1292 and affirm.

* This disposit ion is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The Honorable Barbara M. G. Lynn, Chief United States District Judge for the Northern District of Texas, sitting by designation. 

# FILED

JUN 13 2019

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

1. The court applied the correct legal standard in certifying a class to pursue

Nguyen’s expense reimbursement claim under California Labor Code Section 2802.

The court properly considered and applied the relevant factors set forth in Federal

Rule of Civil Procedure 23 and applied the correct standard of liability under Section

2802. See C AL . LAB. CODE § 2802(a); O’Hara v. Teamsters Union Local No.

856 , 15 1 F.3d 1152, 1157 (9th Cir. 1998). Contrary to Wells Fargo’s contention, the

court did not read out of Section 2802 the requirement that an expense be necessarily

incurred in the discharge of an employee’s duties; it properly found that liability
“turn[ed] on whether the marking expenses at issue were reasonably necessary to the
discharge of the [employees’] duties. ” Thus, we review for abuse of discretion.

O’Connor v. Uber Techs., Inc. , 9 04 F.3d 1087, 1094 (9th Cir. 2018).

There was no abuse of discretion in concluding that the claim was amendable

to class treatment. The court did not rely on an improper factor, omit a substantial

factor, or commit a clear error in judgment or its finding s of fact. See id

. Additionally, there was no abuse of discretion in declining to apply principles of

comity to follow Buchanan v. HomeServices Lending, LLC
, a non

- binding, factually

distinguishable case involving different parties

. See No. 11cv0922 L(M DD), 2013

WL 1788579, at *1 (S.D. Cal. Apr. 25, 2013).

2. The court did not err in certifying a class to pursue the late payment of

commissions claim under California Labor Code Section 204. The court properly3

considered and applied the applicable factors under Rule 23 and the correct legal

standard for liabi lity for such a claim. Finally, the court did not commit clear error

in making its findings of fact or otherwise abuse its discretion in concluding that this

claim was amenable to class treatment.

AFFIRMED.
Case 1:07-cv-03446-AKH Document 32-2 Filed 11/12/2007 Page 1 of 2
Case 1:07-cv-03446-AKH Document 32-2 Filed 11/12/2007 Page 2 of 2
# C_2009023EN.01001001.xml

| 29.1.2009 | EN | Official Journal of the European Union | C 23/10 |
| --- | --- | --- | --- |

29.1.2009

EN

Official Journal of the European Union

C 23/10

---

Euro exchange rates (1)

1

28 January 2009

(2009/C 23/07)

1 euro=

1 euro

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,326 |
| JPY | Japanese yen | 118,57 |
| DKK | Danish krone | 7,4525 |
| GBP | Pound sterling | 0,92725 |
| SEK | Swedish krona | 10,6145 |
| CHF | Swiss franc | 1,5163 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,887 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 27,351 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 284,8 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7019 |
| PLN | Polish zloty | 4,345 |
| RON | Romanian leu | 4,231 |
| TRY | Turkish lira | 2,1408 |
| AUD | Australian dollar | 1,9815 |
| CAD | Canadian dollar | 1,6161 |
| HKD | Hong Kong dollar | 10,2881 |
| NZD | New Zealand dollar | 2,5024 |
| SGD | Singapore dollar | 1,9869 |
| KRW | South Korean won | 1 806,68 |
| ZAR | South African rand | 13,1241 |
| CNY | Chinese yuan renminbi | 9,0672 |
| HRK | Croatian kuna | 7,3618 |
| IDR | Indonesian rupiah | 15 016,95 |
| MYR | Malaysian ringgit | 4,7557 |
| PHP | Philippine peso | 61,67 |
| RUB | Russian rouble | 44,7265 |
| THB | Thai baht | 46,264 |
| BRL | Brazilian real | 3,0381 |
| MXN | Mexican peso | 18,6953 |
| INR | Indian rupee | 64,875 |

Currency

Exchange rate

USD

US dollar

1,326

JPY

Japanese yen

118,57

DKK

Danish krone

7,4525

GBP

Pound sterling

0,92725

SEK

Swedish krona

10,6145

CHF

Swiss franc

1,5163

ISK

Iceland króna

NOK

Norwegian krone

8,887

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

27,351

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

284,8

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7019

PLN

Polish zloty

4,345

RON

Romanian leu

4,231

TRY

Turkish lira

2,1408

AUD

Australian dollar

1,9815

CAD

Canadian dollar

1,6161

HKD

Hong Kong dollar

10,2881

NZD

New Zealand dollar

2,5024

SGD

Singapore dollar

1,9869

KRW

South Korean won

1 806,68

ZAR

South African rand

13,1241

CNY

Chinese yuan renminbi

9,0672

HRK

Croatian kuna

7,3618

IDR

Indonesian rupiah

15 016,95

MYR

Malaysian ringgit

4,7557

PHP

Philippine peso

61,67

RUB

Russian rouble

44,7265

THB

Thai baht

46,264

BRL

Brazilian real

3,0381

MXN

Mexican peso

18,6953

INR

Indian rupee

64,875

---

(1)

1

Source: reference exchange rate published by the ECB.

Source:

---
Order entered March 12, 2013

In The 

## Court of Appeals Fifth District of Texas at Dallas

No. 05
- 13
- 00335
- CV
IN THE INTEREST OF K .P., J.P., J.P., AND G.F. P., CHILDREN On Appeal from the 304th Judicial District Court

Dallas County, Texas Trial Court Cau se No. 11
- 556
- W



### O RDER This is an accelerated appeal in a child protection case. See T EX
. R. A PP
. P. 28.4.
P ursuant to Texas Rule of Appellate Procedure 35.1(b), the appellate record was due January 28, 2013. See id. 35.1(b). The clerk’s record has b een filed; the reporter’s record has not. Accordingly, we ORDER David Chance, Official Court Reporter , to file the record no later than March 22, 2013 . If necessary, arrangements for a substitute reporter must be made as no extensions will be granted abs ent exigent circumstances. See id. 28.4(b)(1),(2).
We DIRECT the Clerk of the Court to send a copy of this order to (1) the Honorable William A. Mazur, Presiding Judge of the 304 th Judicial District Court, and (2) David Chance, Official Court Reporter of the 304 th Judicial District Court.

/Elizabeth Lang

- Miers/ ELIZABETH LANG

- MIERS JUSTICE
| 1.     | Such Quarterly Report of Form 10-Q for the period ending March 31, 2010, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and                                                    |
|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |
| 2.     | The information contained in such Quarterly Report on Form 10-Q for the period ended March 31, 2010, fairly represents in all material respects, the financial condition and results of operations of League Now Holdings Corporation. |

| Date: May 21, 2010          |
|----------------------------------|
|                             |
| League Now Holdings Corporation. |

| By:    | /s/ James Pregiato                            |
|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   | James Pregiato                                                                                                                                                                       |
|   | Chairman of the Board of Directors, Chief Executive Officer,Chief Financial Officer, Controller, Principal Accounting Officer                                                        |
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

ALLISON STOKER-BONANNO,

Plaintiff,

vs. CASE NO.: 5:10-cv-25-SPM-MD

MICHAEL J. ASTRUE,

Defendant.

___________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

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

and Recommendation (doc. 22). Plaintiff has been mailed a copy and has 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. 22) is

adopted and incorporated by reference in this order.

2. The decision of the Commissioner is affirmed.

3. The case is dismissed. The clerk is directed to close the file.

DONE AND ORDERED this eleventh day of February, 2011.

s/ Stephan P. Mickle 

Stephan P. Mickle

Chief United States District Judge
# C_2009070EN.01002401.xml

| 24.3.2009 | EN | Official Journal of the European Union | C 70/24 |
| --- | --- | --- | --- |

24.3.2009

EN

Official Journal of the European Union

C 70/24

---

Euro exchange rates (1)

1

23 March 2009

(2009/C 70/07)

1 euro=

1 euro

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,3558 |
| JPY | Japanese yen | 131,12 |
| DKK | Danish krone | 7,4506 |
| GBP | Pound sterling | 0,92945 |
| SEK | Swedish krona | 11,0760 |
| CHF | Swiss franc | 1,5301 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 8,6345 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 26,820 |
| EEK | Estonian kroon | 15,6466 |
| HUF | Hungarian forint | 304,15 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,7093 |
| PLN | Polish zloty | 4,5703 |
| RON | Romanian leu | 4,2940 |
| TRY | Turkish lira | 2,2674 |
| AUD | Australian dollar | 1,9475 |
| CAD | Canadian dollar | 1,6753 |
| HKD | Hong Kong dollar | 10,5054 |
| NZD | New Zealand dollar | 2,3938 |
| SGD | Singapore dollar | 2,0493 |
| KRW | South Korean won | 1 887,52 |
| ZAR | South African rand | 12,8424 |
| CNY | Chinese yuan renminbi | 9,2623 |
| HRK | Croatian kuna | 7,4667 |
| IDR | Indonesian rupiah | 15 693,39 |
| MYR | Malaysian ringgit | 4,9381 |
| PHP | Philippine peso | 65,060 |
| RUB | Russian rouble | 45,2775 |
| THB | Thai baht | 47,897 |
| BRL | Brazilian real | 3,0522 |
| MXN | Mexican peso | 19,1710 |
| INR | Indian rupee | 68,3040 |

Currency

Exchange rate

USD

US dollar

1,3558

JPY

Japanese yen

131,12

DKK

Danish krone

7,4506

GBP

Pound sterling

0,92945

SEK

Swedish krona

11,0760

CHF

Swiss franc

1,5301

ISK

Iceland króna

NOK

Norwegian krone

8,6345

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

26,820

EEK

Estonian kroon

15,6466

HUF

Hungarian forint

304,15

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,7093

PLN

Polish zloty

4,5703

RON

Romanian leu

4,2940

TRY

Turkish lira

2,2674

AUD

Australian dollar

1,9475

CAD

Canadian dollar

1,6753

HKD

Hong Kong dollar

10,5054

NZD

New Zealand dollar

2,3938

SGD

Singapore dollar

2,0493

KRW

South Korean won

1 887,52

ZAR

South African rand

12,8424

CNY

Chinese yuan renminbi

9,2623

HRK

Croatian kuna

7,4667

IDR

Indonesian rupiah

15 693,39

MYR

Malaysian ringgit

4,9381

PHP

Philippine peso

65,060

RUB

Russian rouble

45,2775

THB

Thai baht

47,897

BRL

Brazilian real

3,0522

MXN

Mexican peso

19,1710

INR

Indian rupee

68,3040

---

(1)

1

Source: reference exchange rate published by the ECB.

Source:

---
# CA2009059EN.01000301.xml

| 13.3.2009 | EN | Official Journal of the European Union | CA 59/3 |
| --- | --- | --- | --- |

13.3.2009

EN

Official Journal of the European Union

CA 59/3

---

Corrigendum to the notice of open competitions to constitute a reserve pool of heads of unit (AD 9) in the field of interpreting:

EPSO/AD/152/09 for the Czech language (CS)

EPSO/AD/153/09 for the Lithuanian language (LT)

EPSO/AD/154/09 for the Maltese language (MT)

EPSO/AD/155/09 for the Slovak language (SK)

EPSO/AD/156/09 for the Slovenian language (SL)

(
  Official Journal of the European Union C 21 A of 28 January 2009
  )

Official Journal of the European Union C 21 A of 28 January 2009

(2009/C 59 A/03)

On page 13, Title V(4):

for:

for:

‘Requests from candidates for access to information concerning them

Candidates involved in selection procedures have the specific right of access to certain information concerning them directly and individually, as described below. EPSO may accordingly provide candidates who so request with supplementary information relating to their participation in the competition. Candidates must send such requests in writing to EPSO within a month of being notified of their results in the competition. EPSO will reply within a month of receiving the request. Requests will be dealt with taking account of the confidential nature of selection board proceedings under the Staff Regulations (Annex III, Article 6) and in compliance with the rules on the protection of individuals with regard to the processing of personal data. Examples of the type of information which may be supplied are given in the guide for applicants, Section III.3.’,

read:

read:

‘Requests from candidates for access to information concerning them

Candidates involved in selection procedures have the specific right of access to certain information concerning them directly and individually, as described below. EPSO may therefore supply supplementary information on candidates’ participation in the competition at their request. Candidates must send such requests by e-mail to EPSO within 10 days of being notified of their results in the competition. Requests will be dealt with taking account of the confidential nature of selection board proceedings under the Staff Regulations (Annex III, Article 6) and in compliance with the rules on the protection of individuals with regard to the processing of personal data. Examples of the type of information which may be supplied are given in the Guide for Applicants, Section III.3 (however, only the deadline specified in this corrigendum is authentic).’;

on page 15, in the Annex:

for:

for:

‘Requests for review

Within 20 days of the letter informing you of the decision being sent to you online, send a letter stating your case to the:’,

read:

read:

‘Requests for review

Within 10 days of the letter informing you of the decision being sent to you online, send a letter stating your case to:’.

---
EXHIBIT 31.1

             Certification of President and Chief Executive Officer

                            CERTIFICATION PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
                            (18 U.S.C. SECTION 1350)

      In connection with the Annual Report of CanWest Petroleum Corporation (the
"Company") on Form 10-KSB/A No. 1 for the annual period ended April 30, 2005 as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), the undersigned certifies pursuant to 18 U.S.C. 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his
knowledge:

      (1) The Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934, as amended; and

      (2) The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.

Dated: August 11, 2005             By  /s/ Thornton J. Donaldson
                                       -----------------------------------------
                                       Thornton J. Donaldson, President, Chief
                                       Financial Officer and Director
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.                  

###### Nuclear Regulatory Commission

The ACRS Subcommittee on ESBWR will hold a meeting on November 15, 2007, Room T-2B3, 11545 Rockville Pike, Rockville, Maryland. 

The entire meeting will be open to public attendance, with the exception of a portion that may be closed to discuss unclassified safeguards and proprietary information pursuant to 5 U.S.C. 552b(c)(3) and (4). 

The agenda for the subject meeting shall be as follows: 

*Thursday, November 15, 2007—8:30 a.m. until the conclusion of business.*

The Subcommittee will review and discuss the Draft Safety Evaluation with Open Items for several chapters of the ESBWR Design Certification and make a recommendation to the full Committee. The Subcommittee will hear presentations by and hold discussions with representatives of the NRC staff, GE-Hitachi Nuclear Energy Americas LLC, and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the full Committee. 

                    Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Officer, Mr. Charles G. Hammer (telephone 301/415-7363) five days prior to the meeting, if possible, so that appropriate arrangements can be made. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the                     **Federal Register**                     on September 26, 2007 (72 FR 54695).                 

Further information regarding this meeting can be obtained by contacting the Designated Federal Officer between 6:45 a.m. and 3:30 p.m. (ET). Persons planning to attend this meeting are urged to contact the above named individual at least two working days prior to the meeting to be advised of any potential changes to the agenda. 

Dated: October 23, 2007. 

Cayetano Santos, 

Chief, Reactor Safety Branch. 

[FR Doc. 07-5335 Filed 10-24-07; 10:24 am] 

BILLING CODE 7590-01-P
----

----

**EXHIBIT      32.2**

**CERTIFICATION      PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906 OF THE      SARBANES-OXLEY ACT OF 2002**

|   | (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 result of operations of the                Company. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                   |   |   |   |
|----------------------------------------|--------|--------|--------|
| /s/ Dorothy              Wong     |   |   |   |
| Dorothy Wong, Chief Accounting Officer |   |   |        |
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
Quarterly Report of K-V Pharmaceutical Company (the Company) on Form 10-Q for the quarter ended June 30, 2010, as filed with the Securities and Exchange Commission (the Report), I, Gregory J. Divis, President and Chief
Executive 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 to my knowledge:



| | (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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: March 10, 2011



/s/ Gregory J. DivisGregory J. Divis President and Chief Executive Officer


A signed
original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by
Section 906, has been provided to the Company and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.

The foregoing certification is being furnished to the Securities and Exchange Commission as our exhibit to the Quarterly Report on Form 10-Q and shall not be deemed to be considered filed as part of the
Quarterly Report on Form 10-Q.
[No. 23733.

*En Banc.*

February 3, 1933.]

#### Mike Brum *et al., Respondents,*v. George R. Hammermeister, *Appellant.1*

*Floyd Foster*and *D. V. Morthland,*for appellant.

*George G. Twohy,*for respondents.

On Rehearing.

Per Curiam.

Upon a rehearing *En Bane,*the court adheres to the Departmental opinion heretofore filed herein, and reported in 169 Wash. 659, 14 P. (2d) 700. The judgment is therefore affirmed.