alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
As of now, trial is scheduled to commence on September 27, 2010. 

1

1

BLD-242 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 10-2770

___________

In re: SHAHIYDULLAH A. BIN RAYMOND

____________________________________

On a Petition for Writ of Mandamus from the

United States District Court for the Western District of Pennsylvania

(Related to W.D. Pa. Crim. No. 07-00032)

____________________________________

Submitted Pursuant to Rule 21, Fed. R. App. P.

July 9, 2010

Before: RENDELL, CHAGARES and VANASKIE, Circuit Judges

(Opinion filed: August 2, 2010)

_________

OPINION

_________

PER CURIAM

Shahiydullah Bin Raymond is awaiting trial in the United States District Court for

the Western District of Pennsylvania on the sole charge of being a felon in possession of a

firearm. Since being granted leave to proceed with his criminal case pro se, Bin 1

Raymond has filed over fifty pretrial motions in the District Court. He filed the instant
2

mandamus petition on June 11, 2010, seeking an order that the District Court be

compelled to act upon three of those pretrial motions: a motion to suppress evidence, a

motion in limine, and a “motion to transfer trial.”

Mandamus is a drastic remedy available only in the most extraordinary of

circumstances. See In re Diet Drugs Prods. Liab. Litig., 418 F.3d 372, 378 (3d Cir.

2005). To demonstrate that mandamus is appropriate, a petitioner must establish that he

has a “clear and indisputable” right to issuance of the writ. Madden v. Myers, 102 F.3d

74, 79 (3d Cir. 1996). As a general rule, the manner in which a court disposes of cases on

its docket is within its discretion. See In re Fine Paper Antitrust Litig., 685 F.2d 810, 817

(3d Cir. 1982). While mandamus may be warranted where a district court’s delay is

tantamount to a failure to exercise its jurisdiction, see Madden, 102 F.3d at 79, this case

does not present such a situation. 

We first note that the District Court ruled on Bin Raymond’s motion to suppress

on June 25, 2010. As a result, Bin Raymond’s mandamus petition is moot insofar as it

concerns the motion to suppress. Bin Raymond’s motion in limine, however, was filed on

November 16, 2009, and remains pending. Bin Raymond’s motion to transfer trial was

filed on June 11, 2010, the same day he filed this mandamus petition, and it also remains

pending. Nevertheless, we do not find any aspect of the District Court’s case

management to constitute a failure to exercise its jurisdiction. The District Court has

handled the steady stream of motions and applications in a laudable fashion. Indeed, we
3

are confident that the District Court will address Bin Raymond’s pending motions

appropriately in due course.

Accordingly, we will deny Bin Raymond’s mandamus petition.
hme10q2q2009ex10-2.htm


EXHIBIT 10.2





Home Properties, L.P.

Amendment No. One Hundred One to

Second Amended and Restated

Agreement of Limited Partnership













The Second Amended and Restated Agreement of Limited Partnership of Home Properties, L.P. (the “Partnership Agreement”) is hereby amended effective May 15, 2009 to substitute the “Schedule A” attached hereto for the “Schedule A” currently attached to the Partnership Agreement.  “Schedule
A” is hereby amended to reflect various changes.





GENERAL PARTNER

Home Properties, Inc.









/s/ Ann M. McCormick                                                                                     

Ann M. McCormick

Secretary









LIMITED PARTNERS LISTED ON ATTACHED SCHEDULE A


	
By:
	
Home Properties, Inc.





	
  
	
as attorney-in-fact












/s/ Ann M. McCormick                                                                                     

Ann M. McCormick

Secretary
#### Charles T. Redfield, Respondent, v. Charles W. Still, as Executor, etc., Appellant

—Judgment and order denying new trial affirmed, with costs. Opinion by

Barnard, P. J.
---

CONSENT OF DOUGLAS C. PETERS

The undersigned hereby consents to: (i) the filing of the
written disclosure regarding (a) the technical report entitled The Daneros Mine
Project, San Juan County, Utah, U.S.A. dated July 18, 2012, (b) the technical
report entitled Updated Technical Report on Energy Fuels Resources
Corporations Whirlwind Property (Including Whirlwind, Far West, and Crosswind
Claim Groups and Utah State Metalliferous Minerals Lease ML-49312), Mesa County,
Colorado and Grand County, Utah, dated March 15, 2011, (c) the technical report
entitled Updated Technical Report on Energy Fuels Resources Corporations
Energy Queen Project, San Juan County, Utah dated March 15, 2011, (d) the
technical report entitled Amended Technical Report on Energy Fuels Resources
Corporations Willhunt Property, San Miguel County, Colorado dated November 30,
2008, (e) the technical report entitled Technical Report on Colorado Plateau
Partners LLC (Energy Fuels Resources Corporation and Lynx-Royal JV) Sage Plain
Project (Including the Calliham Mine and Sage Mine), San Juan County, Utah and
San Miguel County, Colorado dated December 16, 2011, and (f) the technical
report entitled Technical Report on Energy Fuels Inc.s La Sal District
Project, dated March 25, 2014, in relation to, as applicable, (A) the Form 40-F
Annual Report for the period ended December 31, 2013, and any amendments thereto
(the Form 40-F), of Energy Fuels Inc. (the Company), filed with the United
States Securities and Exchange Commission, (B) the Companys Annual Information
Form for the period ended December 31, 2013 (the AIF) and (C) the Management
Information Circular of the Company dated July 15, 2013, and the documents
incorporated by reference therein (the Circular); and (ii) the incorporation
by reference of such disclosure into (a) the Companys Form S-8 Registration
Statement, being filed with the United States Securities and Exchange Commission
and any amendments thereto (the S-8), and (b) the Companys Form F-10
Registration Statement, being filed with the United States Securities and
Exchange Commission and any amendments thereto (the F-10).

I also consent to: (i) the use of my name in the AIF, the
Circular, the F-10 and the Form 40-F; (ii) the incorporation by reference of the
Form 40-F, and the AIF into the S-8; and (iii) the incorporation by reference of
the Form 40-F, the AIF and the Circular into the F-10.

|                     | /s/
      Douglas C. Peters                              
|-------------------- | ---------------------------------------------------------
|                     | Douglas C. Peters, Certified Professional
      Geologist
|                     |                                                          
|                     |                                                          
|                     |                                                          
|Date: March 28, 2014 |                                                          

---
Exhibit 10.3






EXHIBIT 10.3




AMENDMENT NO. 1, DATED MAY 19, 2009, TO

EMPLOYMENT AGREEMENT, DATED DECEMBER 14, 1999, BY AND BETWEEN

IMPAX LABORATORIES, INC. AND LARRY HSU, PH.D.




Section 4.2 of the Employment Agreement, dated December 14, 1999, by and between the Company
and Larry Hsu, Ph.D. (the “Agreement”), is amended by adding the following sentence as the last
sentence in the paragraph:



“Notwithstanding the foregoing, Executive shall not receive any payments provided by this
Section 4.2 in connection with a Change in Control unless Executive’s employment simultaneously
terminates therewith or there shall occur a subsequent actual or constructive termination of
Executive’s employment as result of such Change in Control.”



Except as expressly modified or amended hereby, the Agreement shall continue in full force and
effect.




IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of May 19, 2009.



IMPAX LABORATORIES, INC., a Delaware corporation




	 	 	 
	/s/ Arthur A. Koch, Jr.
 



	 
	By:
	 Arthur A. Koch, Jr.	 
	Title: 
	Senior Vice President, Finance, and 

Chief Financial Officer	 
	 
	 	 
	/s/ Larry Hsu, Ph.D.
 

Larry Hsu, Ph.D.
---

CONSENT OF BRS ENGINEERING

The undersigned hereby consents to: (i) the filing of the
written disclosure regarding (a) the technical report entitled Sheep Mountain
Uranium Project, Fremont County, Wyoming, USA, Updated Preliminary Feasibility
Study, National Instrument 43-101 Technical Report dated April 13, 2012, (b)
the technical report entitled Juniper Ridge Uranium Project, Carbon County,
Wyoming, USA; 43-101 Mineral Resource Technical Report dated February 21, 2012
and (c) the technical report entitled Juniper Ridge Uranium Project, Carbon
County, Wyoming, USA dated January 27, 2014, in relation to, as applicable, (A)
the Form 40-F Annual Report for the period ended December 31, 2013, and any
amendments thereto (the Form 40-F), of Energy Fuels Inc. (the Company),
filed with the United States Securities and Exchange Commission, (B) the
Companys Annual Information Form for the period ended December 31, 2013 (the
AIF) and (C) the Management Information Circular of the Company dated July 15,
2013, and the documents incorporated by reference therein (the Circular); and
(ii) the incorporation by reference of such disclosure into (a) the Companys
Form S-8 Registration Statement, being filed with the United States Securities
and Exchange Commission and any amendments thereto (the S-8), and (b) the
Companys Form F-10 Registration Statement, being filed with the United States
Securities and Exchange Commission, and any amendments thereto (the F-10).

We also consent to: (i) the use of our name in the AIF, the
Circular, the F-10, and the Form 40-F; (ii) the incorporation by reference of
the Form 40-F and the AIF into the S-8; and (iii) the incorporation by reference
of the Form 40-F, the AIF and the Circular into the F-10.

| | BRS ENGINEERING                   
| | ----------------------------------
| |                                   
| |                                   
| | /s/ Douglas Beahm                 
| | Name: Douglas Beahm               
| | Title: Principal Engineer BRS Inc.

Date: March 28, 2014

---
EX-35.1
(logo) GMAC Mortgage



SERVICER COMPLIANCE STATEMENT (Item 1123)

GMAC Mortgage, LLC

NHEL 07-1



The undersigned, a duly authorized officer of GMAC Mortgage, LLC, as servicer
(the "Servicer") pursuant to the applicable servicing agreement, does hereby
certify that:

1.      A review of the Servicer's activities during the period covered by the
Issuing Entity's report on Form 10-K and of the Servicer's performance under the
applicable servicing agreement has been made under my supervision.

2.      To the best of my knowledge, based on such review, the Servicer has
fulfilled all of its obligations under the applicable servicing agreement in all
material respects throughout such period.

IN WITNESS WHEREOF, the undersigned has duly executed this Certificate this 17th
day of March 2008.

By: /s/ Anthony N. Renzi
Name: Anthony N. Renzi
Title: Executive Vice President



GMAC Mortgage, LLC
1100 Virginia Drive
Ft. Washington, PA 19034
(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 as of the dates and for the
periods expressed in the Report.
 /s/ Lewis W. Dickey, Jr.Name:
    Lewis W. Dickey, Jr.Title:
    Chairman, President and Chief Executive
Officer/s/ Martin R. GausvikName:
    Martin R. GausvikTitle:
    Executive Vice President, Treasurer and
Chief Financial Officer
#### STATE v. RUBY GOLDEN and EMMETT GOLDEN.

(Filed 2 November, 1932.)

1. Criminal Law L d — Appeal in this case dismissed for failure to send up necessary parts of record proper.

It is the duty of the appellant to see that the record is properly made up and transmitted, and where the transcript on appeal in a criminal case fails to show the organization of the court or that the court was held by an authorized judge at the time and place prescribed by law, and fails to contain the indictment against one of the appellants and fails to contain the verdict of the jury, the appeal will be dismissed for failure to send up necessary parts of the record proper.

2. Criminal Law D a — Defense that crime was committed in another state is available on plea of not guilty.

The defense that the crime charged, if committed at all, was committed in another state is available under a general plea of not guilty, with the burden of proof on the defendant.

Appeal by defendants from *Harding, J.,*at February Term, 1932, of SuRRY.

Criminal prosecution tried upon indictments charging the defendants with violations of the prohibition laws.

From an adverse verdict and judgment of six months on the roads, the defendants appeal.

*441
      *Attorney-General Brummitt and Assistant Attorney-General Seawell for the State.*

*Folger & Folger for defendants.*

Stacy, C. J.

The appeal must be dismissed for the following reasons:

1. The transcript fails to show the organization of the court *(S. v. May,*118 N. C., 1204, 24 S. E., 118), or that the “court was held by judge authorized to hold it, and at the time and place prescribed by law.” *S. v. Butts,*91 N. C., 524.

2. No indictment against Euby Golden appears in the record. *S. v. McDraughon,*168 N. C., 131, 83 S. E., 181. Only the one against Emmett Golden has been sent up.

It is the duty of appellant to see that the record is properly made up and transmitted. *S. v. Frizell,*111 N. C., 722, 16 S. E., 409.

3. The verdict has been omitted from the transcript. *Riggan v. Harrison, ante,*191.

It is the uniform practice to dismiss the appeal for failure to send up necessary parts of the record proper. *Pruitt v. Wood,*199 N. C., 788, 156 S. E., 126; *Waters v. Waters, ibid.,*667, 155 S. E., 564.

The principal defense was, that the offense charged, if committed at all, was committed in Virginia. This was a matter of defense, available, it is true, under the general plea of not guilty, with the laboring oar cast upon the defendants. His Honor so charged, and, in this, there was no error. *S. v. Barrington,*141 N. C., 820, 53 S. E., 663.

Appeal dismissed.
### THE THIRTEENTH COURT OF APPEALS

13

- 14

- 00722

- CV
Paula Garcia, Individually d/b/a J. C. Sports Con

- Action v. Fairhaven Crossing, Ltd.
On Appeal from the County Court at Law No 6 of Hidalgo County , Texas

Trial Cause No. CL

- 12

- 0472

- F

JUDGMENT
THE THIR TEENTH COURT OF APPEALS, having considered this cause on appeal, concludes the appeal should be dismissed . The Court orders the appeal DISMISSED in accordance with its opinion . Costs of the appeal are adjudged against parties incurring same. We further order this dec ision certified below for observance. May 28, 2015
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EXHIBIT B

Case: 19-30088 Doc# 5363-2 Filed: 01/14/20 Entered: 01/14/20 12:56:25 Page 1

of 2
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COMPENSATION BY PROJECT FOR SERVICES RENDERED 

BY BERMAN AND TODDERUD LLP FOR THE PERIOD 

NOVEMBER 1, 2019 THROUGH NOVEMBER 30, 2019

Description Hours Amount

2000-2001 Energy Crisis FERC Litigation 107.8 $83,900.00

Case: 19-30088 Doc# 5363-2 Filed: 01/14/20 Entered: 01/14/20 12:56:25 Page 2

of 2
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





In connection with the Annual Report of Minatura Gold (the “Company”) on Form 10-K for the period ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Tod M. Turley, Chief Operating Officer and Principal Accounting 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.











/S/ Tod M. TurleyTod M. TurleyChief Operating Officer andPrincipal Accounting OfficerApril 9, 2010
**Exhibit 32.2**

 

CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER

PURSUANT TO 18 U.S.C. § 1350 AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

Inconnection with the Annual Report of Reef Global Energy IX, L.P. (thePartnership) on Form 10-K for the fiscal year ended December 31, 2007as filed with the Securities and Exchange Commission on the date hereof (theReport), I, Daniel C. Sibley, Chief Financial Officer of Reef Oil &Gas Partners, L.P., the managing general partner of Reef Global Energy IX,L.P., certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that to my knowledge:

 

(1)           The Reportfully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

(2)           The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Partnership.

 
|                       |                                    |
|----------------------------|-----------------------------------------|
| Date:  April 15, 2008 | /s/  Daniel C. Sibley                   |
|                       | Daniel  C. Sibley                       |
|                       | Chief  Financial Officer                |
|                       | Reef  Oil & Gas Partners, L.P. |

 

 

Thiscertification is not deemed “filed” for purposes of Section 18 of theSecurities Exchange Act of 1934, or otherwise subject to the liability of thatsection.  This certification is notdeemed to be incorporated by reference in any filing under the Securities Actof 1933 or the Securities Exchange Act of 1934, except to the extent that the Partnershipspecifically incorporates it by reference.

 

----
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-2262

GRETA FAISON,

Plaintiff - Appellant,

versus

JOURNAL NEWSPAPERS, INCORPORATED,

Defendant - Appellee.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. T. S. Ellis, III, District

Judge. (CA-97-155-A)

Submitted: April 30, 1998 Decided: July 16, 1998

Before WILKINS, NIEMEYER, and HAMILTON, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Greta Faison, Appellant Pro Se. John Michael Bredehoft, VENABLE,

BAETJER & HOWARD, McLean, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Appellant appeals the district court’s order granting summary

judgment to Defendant in this employment discrimination action. We

have reviewed the record and the district court’s order and find no

reversible error. Appellant’s claim of retaliatory discharge was

properly dismissed because Appellant failed to establish a prima

facie case. See Ross v. Communications Satellite Corp., 759 F.2d

355, 365 (4th Cir. 1985). In addition, Appellant’s claim that she

was terminated because of her race was properly dismissed because

she failed demonstrate that Defendant’s legitimate, nondiscriminatory reason for her dismissal was a mere pretext for

discrimination. See Texas Dep’t of Community Affairs v. Burdine,

450 U.S. 248, 253 (1981). Accordingly, we affirm. Faison v. Journal Newspapers, Inc., No. CA-97-155-A (E.D. Va. Aug. 18, 1997). 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.

AFFIRMED
RECEIVED IN COURTOF CRi.viiNALAPPEALS FLJ Ob201§ !. <^*/^

Abel Mcosxa, Clerk 

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[Federal Register Volume 81, Number 18 (Thursday, January 28, 2016)]
[Notices]
[Page 4909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01680]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE413


Mid-Atlantic Fishery Management Council (MAFMC); Public Meetings

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of a public meeting.

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

SUMMARY: The Mid-Atlantic Fishery Management Council's (Council) 
Tilefish Advisory Panel will hold a public meeting.

DATES: The meeting will be held Tuesday, February 16, 2016, from 9 a.m. 
until noon.

ADDRESSES: The meeting will be held via webinar with a telephone-only 
connection option.
    Council address: Mid-Atlantic Fishery Management Council, 800 N. 
State St., Suite 201, Dover, DE 19901; telephone: (302) 674-2331.

FOR FURTHER INFORMATION CONTACT: Christopher M. Moore, Ph.D. Executive 
Director, Mid-Atlantic Fishery Management Council; telephone: (302) 
526-5255. The Council's Web site, www.mafmc.org also has details on the 
proposed agenda, webinar listen-in access, and briefing materials.

SUPPLEMENTARY INFORMATION: The purpose of the meeting is to create a 
fishery performance report (FPR) by the Council's Golden Tilefish 
Advisory Panel (AP). The intent of this report is to facilitate a venue 
for structured input from the Advisory Panel members for the Golden 
Tilefish specifications process. The FPR will be used by the Council, 
its Scientific and Statistical Committee (SSC) and the Golden Tilefish 
Monitoring Committee (MC), when reviewing (at future meetings), and if 
necessary revising, the current measures designed to achieve the 
recommended Golden Tilefish catch and landings limits for 2017.
    Although non-emergency issues not contained in this agenda may come 
before this group for discussion, in accordance with the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 
those issues may not be the subject of formal action during this 
meeting. Actions will be restricted to those issues specifically 
identified in this notice and any issues arising after publication of 
this notice that require emergency action under section 305(c) of the 
Magnuson-Stevens Act, provided the public has been notified of the 
Council's intent to take final action to address the emergency.

Special Accommodations

    The meeting is physically accessible to people with disabilities. 
Requests for sign language interpretation or other auxiliary aid should 
be directed to M. Jan Saunders, (302) 526-5251, at least 5 days prior 
to the meeting date.

    Dated: January 25, 2016.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable Fisheries, National 
Marine Fisheries Service.
[FR Doc. 2016-01680 Filed 1-27-16; 8:45 am]
 BILLING CODE 3510-22-P