alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Not for Publication in West's Federal Reporter

United States Court of Appeals

For the First Circuit

No. 07-1936

ANTHONY GULLA,

Plaintiff, Appellant,

v.

KATHLEEN DENNEHY, ET AL.,

Defendants, Appellees.

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Richard G. Stearns, U.S. District Judge]

Before

 Torruella, Circuit Judge,

Selya, Senior Circuit Judge,

and Lipez, Circuit Judge.

Anthony Gulla on brief pro se.

Daryl F. Glazer, Department of Correction, Legal Division, and

Nancy Ankers White, Special Assistant Attorney General, on brief

for appellees, Kathleen Dennehy, Susan Martin, Luis Spencer and

Christopher Mitchell.

Alexandra M. Jojin, James A. Bello and Morrison Mahoney LLP,

on brief for appellee, Denise Thomas.

March 14, 2008
-2-

Per Curiam. Pro se appellant Anthony Gulla appeals from

orders dismissing his civil action for want of prosecution and

declining to grant his motion to vacate the dismissal order. After

careful review of the record and appellate briefs, we affirm.

We conclude that the district court did not abuse

its discretion in dismissing the case. Gulla had been given a

generous extension of time to prepare his amended complaint, but he

failed to timely file it. Instead, he filed a late request for

another extension, insisting that it was timely. But the district

court had previously stated that "no further extensions" would be

granted, and the belated request for additional time was

substantively and formally defective. It did not show that an

extension of time was justified, and it did not comply with formal

prerequisites for motions that had been specified and emphasized in

prior court orders. Before dismissing the suit, the court had

warned Gulla that his suit would be dismissed if he did not timely

file his amended complaint. Under these circumstances, there was

no abuse of discretion. See Figueroa Ruiz v. Alegria, 896 F.2d

645, 647 (1st Cir. 1990) (indicating that an action may be

dismissed with prejudice for lack of prosecution where a plaintiff

has disobeyed the court's orders and ignored its warnings).

We find Gulla's appellate arguments to be unpersuasive.

The documents he provides on appeal do not establish that his case
-3-

was meritorious and that he was incapacitated during the critical

time period.

Affirmed.
UNPUBLISHED

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 08-6559

SYLVESTER GRAHAM, Petitioner - Appellant,

v. NORA HUNT, Respondent – Appellee.

Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Terrence W. Boyle, District Judge. (5:06-hc-02217-BO)

Submitted: October 21, 2008 Decided: October 27, 2008

Before MICHAEL, TRAXLER, and DUNCAN, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Sylvester Graham, Appellant Pro Se. Clarence Joe DelForge, III, Assistant Attorney General, Raleigh, North Carolina, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Sylvester Graham seeks to appeal the district court’s order denying relief on his 28 U.S.C. § 2254 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. See 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district

court is likewise debatable. See Miller-El v. Cockrell , 537 U.S. 322, 336-38 (2003); Slack v. McDaniel , 529 U.S. 473, 484 (2000); Rose v. Lee , 252 F.3d 676, 683-84 (4th Cir. 2001). We have independently reviewed the record and conclude that Graham has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
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</TABLE>
June 26, 2016





 



 


 



Mark Strong


c/o HeartWare


500 Old Connecticut Path


Framingham, MA 01701


 







 


Dear Mark,


 


Reference is made to the employment letter (the “Agreement”) between you and HeartWare, Inc. (the “Company”), dated September 23, 2013, as amended from time to time.  You and the Company desire to amend the Agreement in the manner described below.


 



	
  

	
1.

	
Total Salary.  The definition of “Total Salary” in your Agreement shall be replaced by the following:







 


“Total Salary” means your current Base Salary plus your current target annual cash bonus assuming 100% corporate and individual achievement.


 



	
  

	
2.

	
No Other Changes. The terms and conditions of the Agreement, to the extent not modified hereby, will continue to apply as specified in the Agreement.







 


To indicate your acceptance of these updated terms and conditions of your employment, please sign below.





 



	 	
Sincerely,

	 
	 	HEARTWARE, INC.	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 	BY:	 /s/ Douglas Godshall	 
	 	Title:   	President and CEO	 





 






 


 


 



	
Accepted and agreed:

	 
	 	 
	 	 
	 	 
	 	 
	 /s/ Mark Strong	 
	

Mark Strong
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 Justice

###### Antitrust Division

                    Notice is hereby given that, on May 4, 2010, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), the Recreational Off-Highway Vehicle Association (“ROHVA”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its standards development activities. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, since the last notification was filed, ROHVA has initiated maintenance to and revision of a voluntary standard (ANSI/ROVA 1-2010) addressing the design, configuration, and performance aspects of Recreational Off-Highway Vehicles (ROVs).                

Also, the name of the standards development organization has changed from the Recreational Off-Highway Vehicle Organization (“ROVO”) to the Recreational Off-Highway Vehicle Association (“ROHVA”).

In addition, ROHVA is including its members, Arctic Cat, Inc., Thief River Falls, HN; BRP, Inc., Valcourt, Quebec, CANADA; Polaris Industries Inc., Medina, MN; and Yamaha Motor Corporation, U.S.A., Cypress, CA, in this notice.

                    On June 23, 2008, ROHVA filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on July 29, 2008 (73 FR 43952).                

Patricia A. Brink,

Deputy Director of Operations, Antitrust Division.

[FR Doc. 2010-12815 Filed 5-28-10; 8:45 am]

BILLING CODE 4410-41-M
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<LOANS>                                          9,220
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<COMMON>                                             6
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<INTEREST-LOAN>                                    776
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<INTEREST-TOTAL>                                 3,059
<INTEREST-DEPOSIT>                               1,817
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<INTEREST-INCOME-NET>                            1,223
<LOAN-LOSSES>                                      (4)
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</TABLE>
[Federal Register Volume 75, Number 101 (Wednesday, May 26, 2010)]
[Notices]
[Page 29590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-12586]


=======================================================================
-----------------------------------------------------------------------

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i>12132 and <greek-i>12133]


Minnesota Disaster Number MN-00024

AGENCY: Small Business Administration.

ACTION: Amendment 2.

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

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for Public Assistance Only for the State of Minnesota 
(FEMA-1900-DR), dated 04/19/2010.
    Incident: Flooding.
    Incident Period: 03/01/2010 through 04/26/2010.

DATES: Effective Date: 05/19/2010.
    Physical Loan Application Deadline Date: 06/18/2010.
    Economic Injury (EIDL) Loan Application Deadline Date: 01/19/2011.

ADDRESSES: Submit completed loan applications to: Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: The notice of the President's major disaster 
declaration for Private Non-Profit organizations in the State of 
Minnesota, dated 04/19/2010, is hereby amended to establish the 
incident period for this disaster as beginning 03/01/2010 and 
continuing through 04/26/2010.
    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)


James E. Rivera,
Associate Administrator for Disaster Assistance.
[FR Doc. 2010-12586 Filed 5-25-10; 8:45 am]
BILLING CODE 8025-01-P
Case: 19-30088 Doc# 2635 Filed: 06/19/19 Entered: 06/19/19 14:05:06 Page 1 of

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UNITED STATES BANKRUPTCY COURT

 NORTHERN DISTRICT OF CALIFORNIA

In re

PG&E CORPORATION, 

and

PACIFIC GAS AND ELECTRIC

COMPANY,

Debtors. 

9 Affects PG&E Corporation

X Affects Pacific Gas and Electric Co.

9 Affects both Debtors

* All papers shall be filed in 

 Lead Case, No. 19-30088-DM.

________________________________

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

Chapter 11

Bankruptcy Case 

No. 19-30088-DM (Lead Case)

Bankruptcy Case

No. 19-30089-DM

(Jointly Administered)

ORDER DENYING MOTION TO APPOINT A RATEPAYERS’ COMMITTEE

For the reasons set forth in this court’s memorandum decision

filed contemporaneously herewith, the motion filed by The Utility

Reform Network for appointment of an official committee of

ratepayer claimants (dkt. No. 1324) is DENIED.

*** END OF ORDER ***

-1-

Signed and Filed: May 28, 2019

________________________________________

DENNIS MONTALI

U.S. Bankruptcy Judge

Entered on Docket 

May 28, 2019

EDWARD J. EMMONS, CLERK 

U.S. BANKRUPTCY COURT 

NORTHERN DISTRICT OF CALIFORNIA

Case: 19-30088 Doc# 2246 Filed: 05/28/19 Entered: 05/28/19 15:57:49 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 Defense

###### Office of the Secretary

          - [Transmittal No. 10-22]

# AGENCY:

Defense Security Cooperation Agency, DoD.

# ACTION:

Notice.

# SUMMARY:

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.

# FOR FURTHER INFORMATION CONTACT:

Ms. B. English, DSCA/DBO/CFM, (703) 601-3740.

The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal No. 10-22 with attached transmittal and policy justification.

Dated: May 24, 2010.

Mitchell S. Bryman,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

      ( print page 29999)          ( print page 30000)          ( print page 30001)    

BILLING CODE 5001-06-P

[FR Doc. 2010-12765 Filed 5-27-10; 8:45 am]

BILLING CODE 5001-06-C
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 Apex Silver Mines Limited (the "Company") on Form 10-K for the year ended
December 31, 2008, as filed with the SEC on the date hereof (the "Report"), the undersigned hereby certifies, pursuant to 18 U.S.C. §1350, as adopted pursuant to
§ 906 of the Sarbanes-Oxley Act of 2002, that:



/s/ Jeffrey G. Clevenger Jeffrey G. Clevenger
President and Chief Executive Officer
March 16, 2009/s/ Gerald J. Malys Gerald J. Malys
Senior Vice President and Chief Financial Officer
March 16, 2009


---



QuickLinks
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 September 3, 2013

h0826

Order 

Clerk

September 3, 2013

147173

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 147173

COA: 308411

Wayne CC: 11-008861-FH

YUL LYNN DUPREE,

Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the April 18, 2013 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the question presented should be reviewed by this Court.