alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

NO. CAAP-20-0000032

IN THE INTERMEDIATE COURT OF APPEALS

OF THE STATE OF HAWAI#I

STATE OF HAWAI#I, Plaintiff-Appellee, v.

DONALD L. WILKERSON, Defendant-Appellant

APPEAL FROM THE DISTRICT COURT OF THE THIRD CIRCUIT

NORTH AND SOUTH HILO DIVISION

(CASE NO. 3DTP-19-023340)

ORDER DISMISSING APPEAL

(By: Chan, Presiding Judge, Hiraoka and Wadsworth, JJ.)

Upon review of the record, it appears that: 

(1) On January 21, 2020, self-represented DefendantAppellant Donald L. Wilkerson (Wilkerson) filed the notice of

appeal without paying the fees required by Hawai#i Rules of

Appellate Procedure (HRAP) Rule 3(a);

(2) On January 23, 2020, the circuit court clerk mailed

Wilkerson a notice of non-payment, informing him that he is

required to pay the filing fees by February 3, 2020, or the

appeal could be dismissed;

(3) On March 30, 2020, the appellate clerk filed a

notice of non-payment, informing Wilkerson that he had not paid

the filing fees or filed a motion for leave to proceed on appeal

in forma pauperis, and that failure to do either by April 9,

2020, could result in dismissal of the appeal;

(4) On July 17, 2020, the appellate clerk entered a

default of the record on appeal, informing Wilkerson that the

Electronically Filed

Intermediate Court of Appeals

CAAP-20-0000032

25-SEP-2020

08:53 AM
NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER

time to docket the appeal expired on March 23, 2020, he had not

paid the filing fees, the record on appeal cannot be filed

without payment of fees or an order allowing him to proceed on

appeal in forma pauperis, the matter would be brought to the

court's attention on July 27, 2020, for action that may include

dismissal of the appeal, and he could seek relief from default by

motion;

(5) Wilkerson took no further action in the appeal; and

(6) An appeal may be dismissed where the record on

appeal has not been prepared because the appellant failed to pay 

the required fees or obtain an order allowing the appellant to

proceed in forma pauperis. HRAP Rule 11(b)(2), (c)(2).

Therefore, IT IS HEREBY ORDERED that the appeal is

dismissed.

DATED: Honolulu, Hawai#i, September 25, 2020.

/s/ Derrick H.M. Chan

Presiding Judge

/s/ Keith K. Hiraoka

Associate Judge

/s/ Clyde J. Wadsworth

Associate Judge

2
[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Notices]
[Page 30367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12709]


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

DEPARTMENT OF AGRICULTURE

Forest Service


North Mt. Baker-Snoqualmie Resource Advisory Committee

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: The North Mt. Baker-Snoqualmie (MBS) Resource Advisory 
Committee (RAC) will meet in Bellingham, Washington on June 14, 2010. 
The committee is meeting to: (1) Provide an orientation about Title II 
and the Federal Resource Advisory Committee; (2) elect the Committee 
Chair; and (3) present and prioritize 2009 proposed Title II projects.

DATES: The meeting will be held on Monday, June 14, 2010, from 9 a.m. 
to 3:30 p.m.

ADDRESSES: The meeting will be held at the Whatcom Parks and Recreation 
Building located at 3733 Mt. Baker Hwy, Bellingham, Washington 98226.

FOR FURTHER INFORMATION CONTACT: Jon Vanderheyden, District Ranger, Mt. 
Baker Ranger District, phone (360) 854-2601, e-mail 
<a href="/cdn-cgi/l/email-protection#610b17000f05041309041805040f2107124f0704054f1412"><span class="__cf_email__" data-cfemail="751f03141b1110071d100c11101b3513065b1310115b0006">[email protected]</span></a>.
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through 
Friday.

SUPPLEMENTARY INFORMATION: The meeting is open to the public. More 
information will be posted on the Mt. Baker-Snoqualmie National Forest 
Web site at http://www.fs.fed.us/r6/mbs/projects/rac.shtml.
    Comments may be sent via e-mail to <a href="/cdn-cgi/l/email-protection#472d3126292322352f223e23222907213469212223693234"><span class="__cf_email__" data-cfemail="d0baa6b1beb4b5a2b8b5a9b4b5be90b6a3feb6b5b4fea5a3">[email protected]</span></a> or via 
facsimile to (360) 856-1934. All comments, including names and 
addresses when provided, are placed in the record and are available for 
public inspection and copying. The public may inspect comments received 
at the Mt. Baker Ranger District office at 810 State Route 20, Sedro-
Woolley, Washington, during regular office hours (Monday through Friday 
8 a.m.-4:30 p.m.).

    Dated: May 19, 2010.
Jan L. Hollenbeck,
Acting Forest Supervisor.
[FR Doc. 2010-12709 Filed 5-28-10; 8:45 am]
BILLING CODE 3410-11-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
<PAGE>
                                                                    EXHIBIT 11.1

                              99 CENTS ONLY STORES
                      STATEMENTS REGARDING COMPUTATION OF
                               PER SHARE EARNINGS
                 (AMOUNTS IN THOUSANDS, EXCEPT PER SHARE DATA)

<TABLE>
<CAPTION>
                                                                                            DECEMBER 31,
                                                                                   -------------------------------
                                                                                     1995       1996       1997
                                                                                   ---------  ---------  ---------
<S>                                                                                <C>        <C>        <C>
Net Income.......................................................................  $  15,947  $  20,737  $  18,950

Common Stock:
  Shares outstanding from beginning of period....................................     12,411     12,411     18,521
  Pro-rata shares--stock issuance................................................         --      3,692         21
                                                                                   ---------  ---------  ---------
    Basic weighted average number of common shares outstanding...................     12,411     16,103     18,542
                                                                                   ---------  ---------  ---------
  Pro-rata common shares to fund distribution to shareholders....................         --      1,362         --
  Common stock equivalents.......................................................         --        134        214
                                                                                   ---------  ---------  ---------
    Diluted weighted average number of common shares outstanding.................     12,411     17,599     18,756
                                                                                   ---------  ---------  ---------
                                                                                   ---------  ---------  ---------

Earnings per Common Share:
  Basic..........................................................................  $    1.28  $    1.29  $    1.02
  Diluted........................................................................  $    1.28  $    1.18  $    1.01
</TABLE>
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-23-00766-CR

EX PARTE Efrain Santiago DELGADO HERRERA

From the County Court, Kinney County, Texas

Trial Court No. 11581CR

Honorable Susan D. Reed, Judge Presiding

PER CURIAM

Sitting: Luz Elena D. Chapa, Justice

Beth Watkins, Justice

Liza A. Rodriguez, Justice

Delivered and Filed: October 25, 2023

DISMISSED

Appellant, Efrain Santiago Delgado Herrera, has filed a motion to dismiss his appeal in 

compliance with Texas Rule of Appellate Procedure 42.2(a). See TEX. R. APP. P. 42.2(a). No 

opinion has issued. See id. 

Accordingly, we grant the motion and dismiss this appeal. See id. We dismiss any other 

pending motions as moot.

PER CURIAM

DO NOT PUBLISH
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* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. United States Court of Appeals Fifth Circuit 

## FILED November 9, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-50307 Summary Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versusALFONSO BENITEZ-RODRIGUEZ, also known as Alfonso RodriguezBenitez, also known as Valentin Benitez-Rodriguez, also known as Onesimo Benitz, also known as Samuel Benitez Noblez, also known as Valentine Benitez, also known as Onesimo Ponce, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 1:04-CR-249-ALL

-------------------- Before REAVLEY, GARZA, and BENAVIDES, Circuit Judges.
PER CURIAM: *Appealing the Judgment in a Criminal Case, Alfonso BenitezRodriguez raises arguments that are foreclosed by United States v. Scroggins , 411 F.3d 572, 576-77 (5th Cir. 2005), which held that the Due Process Clause does not bar the application of Justice Breyer’s remedy opinion in United States v. Booker , 125 S. Ct. 738 (2005), when resentencing defendants in light ofNo. 05-50307 -2- Booker , and by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
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.
 Federal Communications Commission
 The following item has been deleted from the list of Agenda items scheduled for consideration at the January 20, 2010, Open Meeting and previously listed in the Commission's Notice of January 13, 2010. This item has been adopted by the Commission. ITEM NO.
BUREAU
SUBJECT2
WIRELESS TELE- COMMUNICATIONS
TITLE: Amendment of Parts 15, 74 and 90 of the Commission's Rules Regarding Low Power Auxiliary Stations, Including Wireless Microphones (WT Docket No. 08-166) SUMMARY: The Commission will consider an Order and Further Notice of Proposed Rulemaking to complete an important component of the DTV transition by prohibiting the further distribution and sale of devices that operate in the 700 MHz frequency and setting a date by which existing devices must clear the band to enable the rollout of public safety services and accelerate the deployment of next generation wireless networks.
 Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary, Office of Managing Director.


[FR Doc. 2010-1200 Filed 1-19-10; 4:15 pm] BILLING CODE 6712-01-S
Exhibit 31.1
                                  CERTIFICATION

I, John A. Featherman, Chief Executive Officer of the Corporation, certify that:

1. I have reviewed this quarterly  report on Form 10-Q of June 30, 2004 of First
Chester County Corporation;

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  officers  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 officers 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.

August 13, 2004


/S/ John A Featherman III
-------------------------
John A. Featherman III
Chief Executive Officer
                                       32
<PAGE>

                                                                    EXHIBIT 23.2

            CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

To the Board of Directors and Shareholders of Footstar, Inc.:

We consent to incorporation by reference in the registration statements (No.
333-20731, No. 333-30011 and No. 333-41390) on Form S-8 of Footstar, Inc. of our
report dated April 6, 2005 with respect to the Consolidated Balance Sheet of
Footstar, Inc. and Subsidiary Companies as of January 3, 2004 and the related
consolidated statements of operations, shareholders' equity and comprehensive
income and cash flows for the year ended January 3, 2004 and the related
financial statement schedule, which report appears in the January 3, 2004 Annual
Report on Form 10-K.

Our report dated April 6, 2005 contains explanatory paragraphs that state that:

      -     On March 2, 2004, the Company filed voluntary petitions for
            reorganization under Chapter 11 of the U.S. Bankruptcy Code. This
            filing for reorganization raises substantial doubt about the
            Company's ability to continue as a going concern. The financial
            statements do not include any adjustments that might result from the
            outcome of this uncertainty.


/s/ Amper, Politziner & Mattia P.C.

Edison, New Jersey
April 8, 2005
EXHIBIT 32.1


CERTIFICATION PURSUANT TO


18 U.S.C. 1350





Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsection (a) and (b) of Section 1350, Chapter 63 of Title 18, United States Code) each of the undersigned officers of Sunovia Energy Technologies, Inc. (the “Company”) does hereby certify, to such officer’s knowledge, that:





(a)           The annual report on Form 10-K for the period ended December 31, 2010 of the Company fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934;  and





(b)           Information contained in the Form 10-K fairly presents, in all material respects, the financial condition and results of operations of the Company.








Dated:  April 19, 2011





/s/ Art Buckland


Art Buckland, Chief Executive Officer


(Principal Executive Officer)








/s/ Matthew Veal


Matthew Veal, Chief Financial Officer, Controller and Secretary


(Principal Financial and Accounting Officer
II

106TH CONGRESS

2D SESSION S. 2663

To suspend temporarily the duty on machines, and their parts, for use

in the manufacture of digital versatile discs (DVDs).

IN THE SENATE OF THE UNITED STATES

MAY 25, 2000

Mr. COVERDELL introduced the following bill; which was read twice and

referred to the Committee on Finance

A BILL

To suspend temporarily the duty on machines, and their

parts, for use in the manufacture of digital versatile

discs (DVDs).

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. TEMPORARY SUSPENSION OF DUTY.

4 (a) IN GENERAL.—Subchapter II of chapter 99 of

5 the Harmonized Tariff Schedule of the United States is

6 amended by inserting in numerical sequence the following

7 new heading:
2

•S 2663 IS

‘‘ 9902.84.21 Measuring or

checking instruments, appliances, or machines, whether

imported separately or as an

entirety, and

parts thereof, for

use in the manufacture of digital

versatile discs

(DVDs) (provided for in subheading

9031.49.90) ....... Free No change No change On or before

12/31/03 ’’.

1 (b) EFFECTIVE DATE.—The amendment made by

2 this section applies with respect to goods entered, or with3 drawn from warehouse for consumption, on or after the

4 15th day after the date of the enactment of this Act.

Æ
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1 NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHELLE HIMES; et al.,

Plaintiffs

- Appellants,

and

JOSE RIERA; et al.,

Plaintiffs,

v.

SOMATICS, LLC,

Defendant

- Appellee,

and

MECTA CORPORATION,

Defendant. No. 21

- 55517

D.C. No.

2:17

- cv

- 06686

- RGK

- JC

MEMORANDUM *

Appeal from the United States District Court

for the Central District of California R. Gary Klausner

, District Judge, Presiding

Argued and Submitted March 7, 2022

Submission Vacated April 1, 2022 Resubmitted August 9 , 2024

Pasadena

, California

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

- 3. 

# FILED

AUG 13 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2

Before: IKUTA, LEE, and FORREST, Circuit Judges.

Michelle Himes, Marcia Benjamin, and Daniel Benjamin sued Somatics, LLC

for negligence, strict liability, and loss of consortium . They alleged injury arising

from use of Somatics’ electroconvulsive therapy product, the Thymatron ECT

Machine. In April 2022, we issued a memorandum disposition affirming “ the district

court ’ s grant of summary judgment for Somatics with respect to the Benjamins’

claims. ” 2022 WL 989469 , at *2 (9th Cir. Apr. 1, 2022). The resolution of Himes’

claims, however, turned on “the proper causation standard” applicable under

Californi a law, on which there was “no controlling state precedent.” Id . at *3.

We thus certified the following question to the Supreme Court of California:

Under California law, in a claim against a manufacturer of a medical product for a failure to warn of a risk, is the plaintiff required to show that a stronger risk warning would have altered the physician ’ s decision to prescribe the product? Or may the plaintiff establish causation by showing that the physician would have communicated the stronger risk warnings to the plaintiff, either in their patient consent disclosures or otherwise, and a prudent person in the patient ’ s position would have declined the treatment after receiving the stronger risk warning?

Himes v. Somatics, LLC

, 29 F.4th 1125 , 1127 (9th Cir. 2022). The Supreme Court

of California accepted certification.

In June 2024, the Supreme Court of California answered our question. It

concluded that “a plaintiff may establish causation by showing that the physician3

would have communicated the stronger warning to the patient” and “that an

objectively prudent person in the patient’s position would have declined treatment

despite the physician’s assessment that the benefits of the treatment for the patient

would still o utweigh any risks disclosed by a stronger warning.” Himes v. Somatics,

LLC , 549 P.3d 916, 921 (Cal. 2024).

In light of this response , we vacate the district court’s summary judgment for

Somatics as to Himes’ claims, and remand for the district court to reassess whether

summary judgment is warranted as to those claims under the causation analysis

formulated by the Supreme Court of Californi a.

VACATED IN PART and REMANDED IN PART

.