alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TAYLOR PROFITA,

Plaintiff

- Appellant,

v. STEPHEN ANDERSEN; et al.,

Defendants

- Appellees. No. 18

- 56192
D.C. No. 2:18

- cv - 00286

- PA

- DFM

MEMORANDUM *

Appeal from the United States District Court for the Central District of California Percy Anderson, District Judge, Presiding Submitted May 2 1 , 2019 **
Before: THOMAS, Chief Judge, FRIEDLAND and BENNETT, Circuit Judges. Taylor Profita appeals pro se from the district court’s judgment dismissing his action alleging federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1). Serra v. Lappin , 600 F.3d 1191, 1195

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

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

MAY 30 2019 MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 18

- 56192

(9th Cir. 2010). We may affirm on any basis supported by the record, Thompson v.
Paul , 547 F.3d 1055, 1058

- 59 (9th Cir. 2008) , and w e affirm

. To the extent that Profita’s claims sought to have the district court probate a will, administer an estate, or dispose of property in the custody of the state probate
court, t he district court properly dismissed those claims for lack of jurisdiction

u nder the probate exception because federal courts lack jurisdiction over probate

matters. See Marshall v. Marshall , 547 U.S. 293, 311

- 12 (2006). To the extent that Profita alleged legal error in any prior state court proceeding, d ismissal of Profita’s claims w as proper because the Rooker

- Feldman
doctrine bars a de facto appeal of prior state court decisions and claims inextricably
intertwined with the state court decisions. See Noel v. Hall , 341 F.3d 1148, 1163

- 65 (9th Cir. 2003) ( Rooker

- Feldman bars de facto appeals of a state court decision
and constitution al claims “inextricably intertwined” with the state court decision); see also Reusser v. Wachovia Bank, N.A. , 525 F.3d 855, 859 (9th Cir. 2008) (a de facto appeal is one in which “the adjudication of the federal claims would undercut the state ruling or re quire the district court to interpret the application of state laws or procedural rules” (citations and internal quotation marks omitted)).
T o the extent that any state court proceedings were ongoing, dismissal of
Profita’s claims was proper because the Yo unger abstention doctrine bars a federal court from interfering with pending state court proceedings

. See ReadyLink3 18

- 56192

Healthcare, Inc. v. State Comp. Ins. Fund , 754 F.3d 754, 758

- 59 (9th Cir. 2014) ( federal courts are required to abstain from interfering wi th pending state court proceedings where “the federal action would have the practical effect of enjoining the state proceedings” ). All pending motions and requests are denied

. AFFIRMED.
EXHIBIT
32
  **Certifications
of Chief Executive Officer and Chief Financial Officer**
  
  Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b) of
Section 1350, Chapter 63 of Title 18, United States Code), each of the
undersigned officers of LMI Aerospace, Inc., a Missouri corporation (the
“Company”), does hereby certify that, to the best of their
knowledge:
  The
Quarterly Report on Form 10-Q for the fiscal quarter ended March 31, 2004 (the
“Form 10-Q”) of the Company fully complies with the requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained
in the report fairly presents, in all material respects, the financial condition
and results of operations of the Company.
  Date:  May
      16, 2005
    /s/
      Ronald S. SaksRonald
      S. SaksPresident
      and Chief Executive Officer
 
 Date:  May
      16, 2005
    /s/
      Lawrence E. DickinsonLawrence
      E. DickinsonSecretary
      and Chief Financial Officer
 
 A signed
original of this written statement required by Section 906 has been provided to
LMI Aerospace, Inc. and will be retained by LMI Aerospace, Inc. and furnished to
the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
     THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE
     BALANCE  SHEET OF KMC  TELECOM  HOLDINGS,  INC. AS OF JUNE 30, 2000 AND THE
     RELATED STATEMENT OF OPERATIONS FOR THE SIX MONTHS ENDED JUNE 30, 2000, AND
     IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>                                         1,000

<S>                                            <C>
<PERIOD-TYPE>                                        6-MOS
<FISCAL-YEAR-END>                              Dec-31-2000
<PERIOD-START>                                  Jan-1-2000
<PERIOD-END>                                   Jun-30-2000
<CASH>                                          60,297,000
<SECURITIES>                                             0
<RECEIVABLES>                                   43,307,000
<ALLOWANCES>                                    (6,401,000)
<INVENTORY>                                              0
<CURRENT-ASSETS>                               305,857,000
<PP&E>                                         853,651,000
<DEPRECIATION>                                 (67,777,000)
<TOTAL-ASSETS>                               1,182,127,000
<CURRENT-LIABILITIES>                          308,846,000
<BONDS>                                        595,013,000
<PREFERRED-MANDATORY>                          319,785,000
<PREFERRED>                                              0
<COMMON>                                             6,000
<OTHER-SE>                                    (616,713,000)
<TOTAL-LIABILITY-AND-EQUITY>                 1,182,127,000
<SALES>                                                  0
<TOTAL-REVENUES>                                68,076,000
<CGS>                                                    0
<TOTAL-COSTS>                                   65,290,000
<OTHER-EXPENSES>                               132,840,000
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                              58,400,000
<INCOME-PRETAX>                               (183,946,000)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                           (183,946,000)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                       (1,705,000)
<NET-INCOME>                                  (185,651,000)
<EPS-BASIC>                                      (286.60)
<EPS-DILUTED>                                      (286.60)




</TABLE>
<PAGE>


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 Aethlon Medical, Inc. Annual Report on Form 10-KSB/A for
the year ended March 31, 2004 as filed with the Securities and Exchange
Commission on the date hereof, I, Edward C. Hall, 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, to the best of my
knowledge:

1. Such annual 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 such Annual Report on Form 10-KSB/A fairly
presents, in all material respects, the financial condition and results of
operations of Aethlon Medical, Inc.

Date: September 8, 2004.


         BY:  /S/ EDWARD C. HALL
              EDWARD C. HALL
              CHIEF FINANCIAL 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 Aethlon Medical, Inc. and will be
retained by Aethlon Medical, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Notices]
[Pages 12556-12557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5449]



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

EXPORT-IMPORT BANK

[Public Notice 23]


Agency Forms Submitted for OMB Review

agency: Export-Import Bank.

action: In accordance with the provisions of the Paperwork Reduction 
Act of 1980, Eximbank has submitted a proposed collection of 
information in the form of a survey to the Office of Management and 
Budget for review.

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

purpose: The proposed Export-Import Bank Questionnaire of City/State 
Partners to exporters and banks is to be completed by U.S. banks and 
exporters familiar with Eximbank's programs as a means of providing an 
evaluation of the effectiveness, utility, strengths and weaknesses of, 
and means to improve [[Page 12557]] upon the relationships established 
between Eximbank and its 30 City/State Partners.
    The collection of the information will enable Eximbank to assess 
and report to the U.S. Congress the private sector's view of its 
programs' competitiveness, as required by law.

summary: The following summarizes the information collection proposal 
submitted to OMB.
    (1) Type of request: New.
    (2) Number of forms submitted: One.
    (3) Form Number: EIB 95-4.
    (4) Title of information collection: Export-Import Bank 
Questionnaire of City/State Partners.
    (5) Frequency of Use: Annual.
    (6) Respondents: City/State export finance organizations.
    (7) Estimated total number of annual responses: 30.
    (8) Estimated total number of hours needed to fill out the form: 
15.

additional information or comments: Copies of the proposed application 
may be obtained from Tamzen Reitan Agency Clearance Officer, (202) 565-
3333. Comments and questions should be directed to Mr. Jeff Hill, 
Office of Management and Budget, Information and Regulatory Affairs, 
Room 3235, New Executive Office Building, Washington, DC 20503, (202) 
395-3176. All comments should be submitted within two weeks of this 
notice; if you intend to submit comments but are unable to meet this 
deadline, please advise by telephone that comments will be submitted 
late.

    Dated: March 1, 1995.
Tamzen C. Reitan,
Agency Clearance Officer.
[FR Doc. 95-5449 Filed 3-6-95; 8:45 am]
BILLING CODE 6690-01-M
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JLtk* \jOIL-&) -Wosi

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Vfalt office UjM. A £o\ /tfAKieJ "dux AfP)^ Ac uj/.f &f /^^ fa^

^ ^U ,:- u "T • ^ ^ Ac* A^l

COURT OF CRIMINAL APPEALS

APR 012015

m

^~3u- /$~
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE ANNUAL
REPORT PURSUANT TO SECTION 13 OR 15 (D) OF THE SECURITIES EXCHANGE ACT OF 1934
FOR THE ANNUAL PERIOD ENDED MARCH 31, 1998.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                       1,287,570
<SECURITIES>                                 1,640,704
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,450,674
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              20,632,132
<CURRENT-LIABILITIES>                          188,644
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  19,733,157
<TOTAL-LIABILITY-AND-EQUITY>                20,632,132
<SALES>                                              0
<TOTAL-REVENUES>                               168,175
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               468,822
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                            (2,992,269)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (2,992,269)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,992,269)
<EPS-PRIMARY>                                  (80.50)<F1>
<EPS-DILUTED>                                  (80.50)<F1>
<FN>
<F1>EPS IS NET LOSS PER $1,000 LIMITED PARTNERSHIP UNIT.
</FN>
        

</TABLE>
EXHIBIT 32.1

CEO CERTIFICATION PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)

In
connection with Form 10-Q of POZEN Inc. (the Company), as filed with the Securities and Exchange Commission (the Report), I, John R. Plachetka, 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, 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                  |  |  |  |                             |  | 
|----------------- |  |  |  | --------------------------- |  | 
|Date: May 3, 2007 |  |  |  | /s/ John R. Plachetka       |  | 
|                  |  |  |  | John R. Plachetka, Pharm.D.
|                  |  |  |  | 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.
exv10w2







Exhibit 10.2

CONSENT AND REAFFIRMATION OF GUARANTOR





This CONSENT AND REAFFIRMATION OF GUARANTOR (this “Consent”), is executed as of the 16th day of June, 2011, by FIRST POTOMAC
REALTY TRUST (the “Guarantor”).



Guarantor has guaranteed certain obligations to the Lenders and the Agent pursuant to that
certain Guaranty by Guarantor in favor of the Lenders and the Agent dated as of December 29, 2009
(the “Guaranty”). Guarantor hereby consents to the execution and delivery of the Third
Amended and Restated Revolving Credit Agreement by and among the Borrower, the Lenders and the
Agent (the “Third Amended and Restated Credit Agreement”) dated as of even date herewith to
which this Consent is attached, and acknowledges and agrees that the entering into and performance
by the parties thereunder shall in no way impair, limit, detract or derogate from the obligations
and liabilities of Guarantor pursuant to the Guaranty. Capitalized terms used in this Consent but
not otherwise defined herein shall have the meanings ascribed to them in the Third Amended and
Restated Credit Agreement.



By executing this Consent, the Guarantor hereby: (a) acknowledges and agrees to the terms and
conditions of the Third Amended and Restated Credit Agreement; (b) remakes, reaffirms and ratifies
all of the warranties, representations and covenants of Guarantor contained in the Guaranty as of
the date hereof with the same force and effect as if each of such representations and warranties
and covenants had been made by the Guarantor on the date hereof and in this Consent, except to the
extent that such representations and warranties relate solely to a prior date; (c) acknowledges
that the Third Amended and Restated Credit Agreement amends and restates the Original Credit
Agreement in its entirety but, for the avoidance of doubt, does not constitute a novation of the
parties’ rights and obligations thereunder or under the Notes or the other Loan Documents; (d)
absolutely and unconditionally reaffirms to the Agent and the Lenders that all obligations and
liabilities of the Guarantor under the Guaranty, as affected by the Third Amended and Restated
Credit Agreement, are hereby remade, reaffirmed and ratified and that it is bound by all of the
terms of the Guaranty, as affected by the Third Amended and Restated Credit Agreement; and (e)
confirms that its guaranty of the Obligations includes the Obligations under the Third Amended and
Restated Credit Agreement and that the Guaranty remains in full force and effect notwithstanding
the amendment and restatement of the Original Credit Agreement. The Guarantor further agrees that
all references to the Loan Agreement in the Guaranty shall be deemed to refer to the Third Amended
and Restated Credit Agreement from and after the date hereof.



	 	 	 	 	 	 	 
	 	 	GUARANTOR:	 	 
	 
	 	 	 	 	 	 
	 	 	FIRST POTOMAC REALTY TRUST	 	 
	 
	 	 	 	 	 	 
	 

	 	By:	 	 /s/ Barry Bass	 	 
	 

	 	 	 	 

Barry Bass, Executive Vice President and

Chief Financial Officer
	 	 






Signature Page to Consent and Reaffirmation of Guarantor
[Federal Register Volume 60, Number 42 (Friday, March 3, 1995)]
[Notices]
[Page 11995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5261]



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

INTERSTATE COMMERCE COMMISSION

[Ex Parte No. 399]


Cost Recovery Percentage

AGENCY: Interstate Commerce Commission.

ACTION: Publication of the Cost Recovery Percentage for 1995.

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

SUMMARY: The provisions of 49 U.S.C. 10709(d)(5)(A) require the 
Commission to calculate an annual cost recovery percentage (CRP), a 
revenue-to-variable cost (r/vc) ratio reflecting a hypothetical rate 
ceiling that would permit railroads, in the aggregate, to recover their 
costs of doing business. If the CRP falls between 170% and 180%, it 
becomes the jurisdictional threshold for determining whether railroad 
traffic is market dominant and hence subject to maximum rate 
regulation. If it exceeds 180%, then the market dominance threshold is 
set at 180%. Because the calculated CRP for 1995 exceeds 180%, the 
jurisdictional threshold applicable to calendar year 1995 is 180%.

EFFECTIVE DATE: This decision is effective April 2, 1995.

FOR FURTHER INFORMATION CONTACT: Robert C. Hasek, (202) 927-6239; or H. 
Jeff Warren, (202) 927-6243. [TDD for the hearing impaired: (202) 927-
5721.]

SUPPLEMENTARY INFORMATION: Additional information is contained in the 
Commission's decision. To purchase a copy of the full decision write 
to, call, or pick up in person from: Dynamic Concepts, Inc., Room 2229, 
Interstate Commerce Commission Building, 1201 Constitution Avenue, 
N.W., Washington, DC 20423, or telephone (202) 289-4357/4359. 
[Assistance for the hearing impaired is available through TDD services 
(202) 927-5721.]
    Pursuant to 5 U.S.C. 605(b), we conclude that our action in this 
proceeding will not have a significant economic impact on a substantial 
number of small entities. No new regulatory requirements are imposed, 
directly or indirectly, on such entities. The purpose of our regulation 
is to calculate the threshold revenue-variable cost ratio for market 
dominance determinations as required by law. No new reporting 
requirements will be placed on the railroad industry. The economic 
impact on small entities, if any, will not likely be significant within 
the meaning of the Regulatory Flexibility Act.
    This action will not significantly affect either the quality of the 
human environment or energy conservation.

    Authority: 49 U.S.C. 10321, 10709; 5 U.S.C. 553.

    Decided: February 10, 1995.

    By the Commission, Chairman McDonald, Vice Chairman Morgan, and 
Commissioners Simmons and Owen.
Vernon A. Williams,
Secretary.
[FR Doc. 95-5261 Filed 3-2-95; 8:45 am]
BILLING CODE 7035-01-P