alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5TH CIR. 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that this opinion should not be published and is not precedent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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 01-30377

Summary Calendar

 

ROB W. ROBERTS,

Plaintiff-Appellant,

versus

U.S. DEPARTMENT OF ARMY,

Defendant-Appellee.

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

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 99-CV-472

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

September 26, 2001

Before DeMOSS, PARKER, and DENNIS, Circuit Judges.

PER CURIAM:*

Rob Roberts appeals pro se from a dismissal for untimely

service of process. This court reviews for abuse of discretion a

dismissal for failure to effect timely service. Systems Signs

Supplies v. United States Dep’t of Justice, 903 F. 2d 1011, 1013

(5th Cir. 1990). Roberts argues that Rule 4 requires the court to

give him guidance on how to effect proper service. Rule 4 requires

only that the court notify a claimant that dismissal is impending

for lack of timely service. Fed. R. Civ. P. 4(m). The record

reflects that the court gave Roberts every consideration, granting
No. 01-30377

-2-

multiple time extensions with specific service instructions.

Moreover, Roberts’s pro se status does not exempt him from

effecting proper service. See Kersh v. Derozier, 851 F.2d 1509,

1512 (5th Cir. 1988). Accordingly, the district court did not

abuse its discretion in dismissing Roberts’s complaint for untimely

service. 

AFFIRMED.
**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 theAnnual Report of Mothers Work, Inc. (the “Company”) on Form 10-K forthe year ending September 30, 2004 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Dan W. Matthias,Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

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

 

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

 
| /s/    DAN W. MATTHIAS |
|----------------------------------|
| Dan  W. Matthias                 |
| *Chief  Executive Officer*       |
| December  14, 2004               |

 

----
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

November 13, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-4107

Cummins Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20. 

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Stephen P. Vaughn
[Federal Register Volume 60, Number 9 (Friday, January 13, 1995)]
[Notices]
[Page 3236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-903]



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


FEDERAL RESERVE SYSTEM

The Royal Bank of Canada; Notice of Application to Engage de novo 
in Permissible Nonbanking Activities

    The company listed in this notice has filed an application under 
Sec.  225.23(a)(1) of the Board's Regulation Y (12 CFR 225.23(a)(1)) 
for the Board's approval under section 4(c)(8) of the Bank Holding 
Company Act (12 U.S.C. 1843(c)(8)) and Sec.  225.21(a) of Regulation Y 
(12 CFR 225.21(a)) to commence or to engage de novo, either directly or 
through a subsidiary, in a nonbanking activity that is listed in Sec.  
225.25 of Regulation Y as closely related to banking and permissible 
for bank holding companies. Unless otherwise noted, such activities 
will be conducted throughout the United States.
    The application is available for immediate inspection at the 
Federal Reserve Bank indicated. Once the application has been accepted 
for processing, it will also be available for inspection at the offices 
of the Board of Governors. Interested persons may express their views 
in writing on the question whether consummation of the proposal can 
``reasonably be expected to produce benefits to the public, such as 
greater convenience, increased competition, or gains in efficiency, 
that outweigh possible adverse effects, such as undue concentration of 
resources, decreased or unfair competition, conflicts of interests, or 
unsound banking practices.'' Any request for a hearing on this question 
must be accompanied by a statement of the reasons a written 
presentation would not suffice in lieu of a hearing, identifying 
specifically any questions of fact that are in dispute, summarizing the 
evidence that would be presented at a hearing, and indicating how the 
party commenting would be aggrieved by approval of the proposal.
    Comments regarding the application must be received at the Reserve 
Bank indicated or the offices of the Board of Governors not later than 
January 27, 1995.
    A. Federal Reserve Bank of New York (William L. Rutledge, Senior 
Vice President) 33 Liberty Street, New York, New York 10045:
    1. The Royal Bank of Canada, Montreal, Quebec, Canada; to engage de 
novo through its subsidiary BFA Receivables Acquisition Corp., 
Wilmington, Delaware, in acquiring, making and servicing receivables, 
loans or other extensions of credit for BFA's account or the account of 
others, pursuant to Sec.  225.25(b)(1) of the Board's Regulation Y.

    Board of Governors of the Federal Reserve System, January 9, 
1995.
Jennifer J. Johnson,
Deputy Secretary of the Board.
[FR Doc. 95-903 Filed 1-12-95; 8:45 am]
BILLING CODE 6210-1-
Exhibit 23

INDEPENDENT AUDITORS' CONSENT

The
Board of Directors and Shareholders
Mothers Work, Inc.:

We
consent to the incorporation by reference in the registration statements (Nos. 333-59309, 333-90108, 333-12321, 333-27611 and
333-90110) on Form S-3 and registration statements (Nos. 33-64580, 33-89726, 333-2404, 333-3480, 333-59529
and 333-57766) on Form S-8 of Mothers Work, Inc. of our reports dated November 10, 2003, with respect to the consolidated balance sheets of Mothers
Work, Inc. and subsidiaries as of September 30, 2003 and 2002, and the related consolidated statements of operations, stockholders' equity and cash flows for each of the years in the
three-year period ended September 30, 2003, and the related financial statement schedule, which reports appear in the September 30, 2003 Annual Report on
Form 10-K of Mothers Work, Inc. Our report refers to the adoption of Statement of Financial Accounting Standards No. 142, "Goodwill and Other Intangible Assets," as of
October 1, 2001.

/s/
KPMG LLP

Philadelphia,
Pennsylvania
December 23, 2003

---

QuickLinks
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 Multimedia Games, Inc. (the Company) on Form 10-K for the year ended September 30, 2003, as filed with the Securities
and Exchange Commission on the date hereof (the Report), the undersigned, Clifton E. Lind, Chief Executive Officer, and Craig S. Nouis, 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 (Section 906), that, based upon my knowledge:



|(1) | The Report fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78m); 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: December 29, 2003 |  | /s/ Clifton E. Lind    
|------------------------ |  | -----------------------
|                         |  | Clifton E. Lind        
|                         |  | Chief Executive Officer
|                         | 
|                         |  | /s/ Craig S. Nouis     
|                         |  | Craig S. Nouis         
|                         |  | 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
Multimedia Games, Inc. and will be retained by Multimedia Games, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

May 29, 2019

RE: Product Exclusion Request Number: USTR-2018-0025-7349

FS-Elliott Co., LLC: 

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/Notice_of_Product_Exclusions

_5-30-2019.pdf.

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs products covered by a specially drafted description contained in the annex to 

the product exclusion notice. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation

Sincerely,

Joseph Barloon

General Counsel
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

May 29, 2019

RE: Product Exclusion Request Number USTR-2018-0025-7305

Nissan North America, Inc:

The purpose of this letter is to inform you that the product exclusion request referenced 

above has been denied. As you are aware, USTR published a Federal Register notice (83 FR 

28710) on June 20, 2018, that announced the Trade Representative’s determination to impose an 

additional duty of 25 percent on certain products from China. On July 11, 2018, the Trade 

Representative published a Federal Register notice (83 FR 32181) which announced that a 

process had been established under which interested persons could request that products falling 

within a covered HTSUS subheading be excluded from the additional duties announced on June 

20.

Your request was reviewed in accordance with the factors and procedures set forth in 

Section B(1) of the July 11 notice. Based on that review, and after careful consideration, your 

request was denied because the request failed to show that the imposition of additional duties on 

the particular product would cause severe economic harm to you or other U.S. interests.

Because USTR will grant exclusion requests on a product specific basis, you may still 

benefit from a product exclusion if a similar product is granted an exclusion. Products for which 

an exclusion has been granted will be periodically announced on the USTR website. Product 

exclusions will become legally effective once published in the Federal Register. 

Sincerely,

Joseph Barloon

General Counsel
|   | (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:  | August 13, 2009 |   | /s/ Robert C. Barry Jr.                                   |
|--------|----------------------|--------|-----------------------------------------------------------|
|   |                 |   | Robert C. Barry Jr.                                       |
|   |                 |   | Chief Financial Officer and Executive Vice President |

----
EXECUTIVE OFFICE OF THE PRESIDENT

OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE

WASHINGTON, D.C. 20508

December 28, 2018

RE: Product Exclusion Request Number: USTR-2018-0025-7162

Global Trade Works, LLC:

I am pleased to notify you that the United States Trade Representative has determined to 

grant the above-referenced exclusion request submitted pursuant to the notice published at 83 FR 

32181 (‘July 11 notice’). The exclusion determination is set out in a formal notice which has 

been submitted to Office of the Federal Register for publication (‘the exclusion notice’). A prepublication version of the exclusion notice has been posted on the USTR website, at 

https://ustr.gov/sites/default/files/enforcement/301Investigations/12.21.18_Notice_of_Product_E

xclusions.pdf.

The scope of the exclusion is governed by the formal HTSUS language in the annex to 

the product exclusion notice, and not by the product descriptions set out in any particular request 

for exclusion. An exclusion in response to your request has been granted by excluding from the 

additional tariffs the 10-digit HTSUS subheading under which your request was filed. 

In accordance with the July 11 notice, the exclusion applies as of the July 6, 2018 

effective date of the tariff action, and will extend for one year after the exclusion notice is 

published in the Federal Register. As stated in the exclusion notice, U.S. Customs and Border 

Protection will issue additional instructions on entry guidance and implementation.

Sincerely,

Stephen P. Vaughn

General Counsel
I 

118TH CONGRESS 

1ST SESSION H. R. 5328 

To amend the Civil Rights Act of 1964 to make using certain pedagogies 

in any program or activity receiving Federal financial assistance a violation of such Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 1, 2023 

Mr. GOOD of Virginia (for himself, Mrs. MILLER of Illinois, Mr. LAMALFA, 

Mr. PERRY, Mr. LAMBORN, Mr. TIFFANY, and Mr. BIGGS) introduced the 

following bill; which was referred to the Committee on the Judiciary 

A BILL 

To amend the Civil Rights Act of 1964 to make using 

certain pedagogies in any program or activity receiving 

Federal financial assistance a violation of such Act, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Defending Students’ 

5 Civil Rights Act of 2023’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 5328 IH

1 SEC. 2. RULE OF CONSTRUCTION MAKING CERTAIN PEDA2 GOGIES A VIOLATION OF THE CIVIL RIGHTS 

3 ACT. 

4 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 

5 2000d et seq.) is amended by adding at the end the fol6 lowing new section: 

7 ‘‘SEC. 607. It is a violation of section 601 to use Fed8 eral financial assistance for any program or activity that 

9 is premised on the following: 

10 ‘‘(1) The United States is a Nation founded on 

11 White supremacy and oppression, or that White su12 premacy and oppression are at the root of American 

13 society. 

14 ‘‘(2) One race or sex is inherently superior to 

15 another race or sex. 

16 ‘‘(3) The United States is fundamentally racist 

17 or sexist. 

18 ‘‘(4) An individual, by virtue of his or her race 

19 or sex, is inherently racist, sexist, or oppressive, 

20 whether consciously or unconsciously. 

21 ‘‘(5) An individual should be discriminated 

22 against or receive adverse treatment solely or partly 

23 because of the individual’s race or sex. 

24 ‘‘(6) Members of one race or sex cannot and 

25 should not attempt to treat others without respect to 

26 race or sex. 


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3 

•HR 5328 IH

1 ‘‘(7) An individual’s moral character is nec2 essarily determined by the individual’s race or sex. 

3 ‘‘(8) An individual, by virtue of the individual’s 

4 race or sex, bears responsibility for actions com5 mitted in the past by other members of the same 

6 race or sex. 

7 ‘‘(9) Any individual should feel discomfort, 

8 guilt, anguish, or any other form of psychological 

9 distress on account of his or her race or sex. 

10 ‘‘(10) Meritocracy or traits such as a hard work 

11 ethic are racist or sexist, or were created by a par12 ticular race to oppress another race.’’. 

Æ 


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I 

118TH CONGRESS 

1ST SESSION H. R. 5261 

To direct the Secretary of Defense to provide to each health care provider 

of the Department of Defense training regarding the potential health 

effects of perfluoroalkyl or polyfluoroalkyl substances. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 22, 2023 

Ms. SLOTKIN (for herself, Mr. POSEY, Mr. TURNER, and Mr. BERGMAN) introduced the following bill; which was referred to the Committee on 

Armed Services 

A BILL 

To direct the Secretary of Defense to provide to each health 

care provider of the Department of Defense training 

regarding the potential health effects of perfluoroalkyl 

or polyfluoroalkyl substances. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘PFAS Training For 

5 DoD Providers and Servicemembers Act’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 5261 IH

1 SEC. 2. MANDATORY TRAINING ON HEALTH EFFECTS OF 

2 PERFLUOROALKYL OR POLYFLUOROALKYL 

3 SUBSTANCES. 

4 The Secretary of Defense shall provide to each health 

5 care provider of the Department of Defense mandatory 

6 training regarding the potential health effects of 

7 perfluoroalkyl or polyfluoroalkyl substances. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
<PAGE>

                                                                    EXHIBIT 99.1


                        CERTIFICATION OF CEO 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 on Form 10-K of First State Bancorporation,
a New Mexico corporation (the "Company"), for the period ended December 31, 2002
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), Michael R. Stanford, as President and Chief Executive Officer of the
Company, hereby certifies, 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
his 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.

A signed original of this written statement required by Section 906 has been
provided to First State Bancorporation and will be retained by First State
Bancorporation and furnished to the Securities and Exchange Commission or its
staff upon request.

/s/ Michael R. Stanford
-------------------------------
Michael R. Stanford
President and Chief Executive Officer
March 26, 2003


This certification accompanies the Report pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
<PAGE>

                                                                   EXHIBIT 99.3

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

         In connection with the Annual Report on Form 10-KSB of WinWin Gaming,
Inc. (the "Company") for the fiscal year ended December 31, 2002, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned Chief Executive Officer and President, and the Treasurer and
principal financial officer of the Company hereby certify, pursuant to 18 U.S.C.
ss.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 WinWin
Gaming, Inc.

Dated: April 14, 2003


                                 By:  /s/ Benjamin Perry
                                      ------------------------------------------
                                      Benjamin Perry,
                                      Chief Executive Office

                                 By:  /s/ Patrick O. Rogers
                                      ------------------------------------------
                                      Patrick O. Rogers
                                      President, Treasurer, Secretary and
                                      Principal Financial and Accounting Officer