alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

James Russell Myers, 

Plaintiff,

v.

Ethan A. Wolfinger, et al., 

Defendants. 

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)

)

)

)

)

No. CV-17-8275-PCT-SMM (BSB)

ORDER

Pending before the Court is Plaintiff’s Complaint. (Doc. 1.) On January 30, 2018,

Magistrate Judge Bridget S. Bade filed a Report and Recommendation with this Court. (Doc.

9.) Pursuant to Fed. R. Civ. P. 41(b), Magistrate Judge Bade recommended that Plaintiff’s

Complaint be dismissed without prejudice. No objections have been filed. 

STANDARD OF REVIEW

The Court “may accept, reject, or modify, in whole or in part, the findings or

recommendations made by the magistrate.” 28 U.S.C. § 636(b)(1)(C); see Baxter v. Sullivan,

923 F.2d 1391, 1394 (9th Cir. 1991). Parties have fourteen days from the service of a copy

of the Magistrate’s recommendation within which to file specific written objections to the

Court. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6, 72. Failure to object to a Magistrate Judge’s

recommendation relieves the Court of conducting de novo review of the Magistrate Judge’s

factual findings and waives all objections to those findings on appeal. See Turner v. Duncan,

158 F.3d 449, 455 (9th Cir. 1998). A failure to object to a Magistrate Judge’s conclusion “is

a factor to be weighed in considering the propriety of finding waiver of an issue on appeal.”
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- 2 -

 Id.

DISCUSSION

Having reviewed the Report and Recommendation of the Magistrate Judge, and no

Objections having been made, the Court hereby incorporates and adopts the Magistrate

Judge’s Report and Recommendation. Plaintiff’s Complaint failed to state a valid claim

under 42 U.S.C. § 1983. See Rizzo v. Goode, 423 U.S. 362, 371-72, 377 (1976). Magistrate

Judge Bade ordered Plaintiff to file an Amended Complaint. (Doc. 8.) Despite the Order and

its warning that a failure to comply would result in a dismissal pursuant to Rule 41(b),

Plaintiff did not comply.

Accordingly, for the reasons set forth,

 IT IS HEREBY ORDERED that the Court adopts the Report and Recommendation

of Magistrate Judge Bade. (Doc. 9.)

IT IS FURTHER ORDERED that Plaintiff’s Complaint be dismissed without

prejudice pursuant to 28 U.S.C. § 1915(e) and Fed. R. Civ. P. 41(b). The Clerk of the Court

shall enter judgment accordingly and terminate this case.

DATED this 20th day of February, 2018.
Exhibit 10.26
 
 Lender Borrower
  A.
    
    Lender and Borrower are parties to that certain Master Loan and Security
Agreement dated as of March 13, 2008 (the Master Loan Agreement) and to
Loan Schedules (Loan Schedules) executed pursuant thereto;B.
    
    Borrowers obligations under the Master Loan Agreement are guaranteed by
Meadow Valley Corporation (Meadow Valley), the owner of sixty-nine point
four percent (69.4%) of the shares of Borrower, and Meadow Valley Contractors,
Inc. (MVCI, and together with Meadow Valley, the Guarantors), pursuant
to that certain Guaranty dated as of July 27, 2001 made by Meadow Valley in favor of CIT
(the MVCO Guaranty), Guaranty dated as of December 31, 2002 made by MVCI in favor
of CIT (the MVCI Guaranty and together with the MVCO Guaranty, the
Guaranties), and the Security Agreement to Collateralize Guaranty dated as of
December 31, 2002 made by MVCI in favor of CIT (the MVCI
Security Agreement),;C.
    
    The Guarantors have requested the release and return of the
Guaranties, and the
Guarantors and WFEFI have entered into an Agreement, dated as of
February 2, 2009, (the Release), setting for the conditions for such a release and return;D.
    
    It is a condition of the Release that Borrower enter into this Amendment No. 1;
andE.
    
    Borrower has requested that Lender modify certain financial covenants contained
in the Master Loan Agreement to facilitate compliance therewith.




---



##### 



(i)
    
    Total Liabilities divided by Tangible Net Worth not greater than 1.5 to 1.0
at each quarter end, with Total Liabilities defined as the aggregate of current
liabilities and non-current liabilities, and with Tangible Net Worth defined as the
aggregate of total stockholders equity less any intangible assets; and(ii)
    
    Fixed Charge Coverage Ratio not less than (w) 0.40 to 1.0 as of each quarter
end through June 30, 2009, (y) 0.65 to 1.0 at
September 30, 2009, (x) .75 to 1.0 at
December 31, 2009 and March 31, 2010, and (y) .85 to 1.0 at June 30, 2010 and (z) 1.0 to
1.0 at September 30, 2010 and as of each quarter end thereafter, determined on a rolling
4-quarter basis, with Fixed Charge Coverage Ratio defined as the aggregate of net
profit after taxes plus depreciation expense, amortization expense, divided by the
aggregate of the current maturity of long-term debt and capitalized lease payments.




---



##### 



Change of Control
    Schedule 1




---



##### 



READY MIX, INC.
    
    
    
    WELLS FARGO EQUIPMENT FINANCE, INC.By:
    
    /s/ Clint Tryon
    
    
    
    By:
    
    /s/ William D. RobinsonName:
    
    Clint Tryon
    
    
    
    Name:
    
    William D. RobinsonTitle:
    
    CFO /Sec/ Treas.
    
    
    
    Title:
    
    Senior Vice President




---



##### 



Schedule of Real Property
 Delhi Property
   Richmar Property
  
 
 Queen
Creek Property
 Parcel No. 1:
 Parcel No. 2:
1 

2 

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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Jeremy Thacker, 

Plaintiff, 

v. 

GPS Insight LLC, et al., 

Defendants.

No. CV-18-00063-PHX-DJH

ORDER 

 This matter is before the Court on the Application for Withdrawal and Substitution 

of Counsel for Plaintiff (Doc. 141), filed by counsel for Plaintiff. Plaintiff has indicated 

consent by signing the motion. Pursuant to Rule 83.3(b) of the Local Rules of Civil 

Procedure, 

IT IS ORDERED granting the application (Doc. 141). 

IT IS FURTHER ORDERED withdrawing Kraig Marton, Jeffrey Silence, and 

Laura Rogal of the law firm Jaburg & Wilk, PC as counsel of record for Plaintiff. The 

Clerk of the Court is kindly instructed to terminate Kraig Marton, Jeffrey Silence, and 

Laura Rogal of the law firm Jaburg & Wilk, PC as counsel of record for Plaintiff. 

IT IS FURTHER ORDERED substituting Joshua Carden of the Carden Law Firm 

as counsel for Plaintiff. 

 Dated this 8th day of May, 2019. 

Honorable Diane J. Humetewa

United States District Judge
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  Aspire Japan, Inc. (the
        "Company") on Form 10-QSB for the quarterly period ending October 31, 2007
        as
        filed with the Securities and Exchange Commission (the "Report"), I, Ken
        Osako,
        President, Chief Executive Officer and Chief Financial Officer, 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 of the Company as of the dates presented and the
        results
        of operations of the Company.
 
 /s/
                    Ken OsakoKen
                    OsakoChief
                    Executive OfficerChief
                    Financial Officer
  Dated:
        December 20, 2007
**Exhibit
      32.1**





**CERTIFICATION**


Pursuant
      to 18 U.S.C. 1350


(Section
      302 of the Sarbanes-Oxley Act of 2002)





In
      connection with the Amendment No. 1 to the Annual Report on Form 10-KSB of
      IMPART Media Group, Inc. (the “Company”) for the year ended December 31, 2005,
      as filed with the Securities and Exchange Commission on the date hereof (the
      “Report”), Joseph Martinez, Chief Executive Officer and Chief Financial Officer
      of the Company, hereby certifies, pursuant to 18 U.S.C. §1350, as adopted
      pursuant to §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.








Date:
            April
                21, 2006
            
            By:
            /s/
                Joseph MartinezJoseph
                MartinezChief
                Executive Officer andChief
                Financial Officer













This
      certification accompanies each Report pursuant to § 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 §18 of the
      Securities Exchange Act of 1934, as amended.





A
      signed
      original 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.
BEDINGER & COMPANY
 
 CERTIFIED PUBLIC ACCOUNTANTS









Bedinger
& Company


1200
Concord Avenue, Suite 250


Concord,
California 94520








January
12, 2011








CONSENT
OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS








We hereby
consent to use in this Form 10-K of our report dated January 11, 2011, relating
to the financial statements of Superclick, Inc. for the years ended October 31,
2010 and 2009.






/s/
      Bedinger & CompanyCertified
      Public Accountants








1200
CONCORD AVENUE, SUITE 250, CONCORD, CA  94520 · (925) 603-0800 · (925) 603-0804
FAX
 
 Members Of
The American Institute Of Certified Public Accountants,
 The Center
For Public Company Audit Firms,
 And The
California Society Of Certified Public Accountants,
 Registered
With The Public Company Accounting Oversight Board
<PAGE>   1
EXHIBIT 23.1

                       CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the incorporation by reference in the registration statement of
Corporate Property Associates 14 Incorporated on Form S-11 (File No. 333-31437)
of our report dated April 13, 1998, on our audit of the financial statements of
Corporate Property Associates 14 Incorporated as of December 31, 1997 and for
the period from inception (June 4, 1997), which report is included in the Annual
Report on Form 10-K.

                                                     /s/Coopers & Lybrand L.L.P.

New York, New York
April 13, 1998


                                      -24-
[Federal Register Volume 61, Number 111 (Friday, June 7, 1996)]
[Notices]
[Pages 29138-29139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14322]



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


NATIONAL SCIENCE FOUNDATION

Special Emphasis Panel in Design, Manufacture, and Industrial 
Innovation: Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation announces the 
following meeting:

    Name: Special Emphasis Panel, Design, Manufacture, and 
Industrial Innovation--(#1194).
    Date and Time: June 24, 1996, 8:30 a.m.-5:00 p.m.
    Place: Room 370, National Science Foundation, 4201 Wilson 
Boulevard, Arlington, VA 22230.
    Type of Meeting: Closed.
    Contact Person: Yousef Hashimi, SBIR Program Manager, (703) 306-
1391, and Roger Arndt, Program Manager, CTS, (703) 306-1856, 
National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 
22230.
    Purpose of Meeting: To provide advice and recommendations 
concerning Phase II Chemistry and Fluid Applicants (Topic #22) 
proposals submitted to the NSF for financial support.
    Reason for Closing: The proposals being reviewed include 
information of a proprietary or confidential nature, including 
technical information, financial data such as

[[Page 29139]]

salaries, and personal information concerning individuals associated 
with the proposals. These matters are exempt under 5 U.S.C. 552b(c) 
(4) and (6) of the Government in the Sunshine Act.

    Dated: June 3, 1996.
M. Rebecca Winkler,
Committee Management Officer.
[FR Doc. 96-14322 Filed 6-6-96; 8:45 am]
BILLING CODE 7555-01-M
Exhibit No. 32.1
Form 10-QSB
Signet International Holdings, Inc.
File No. 000-51185


                    Certification Pursuant to 18 U.S.C. 1350,
                       as adopted Pursuant to Section 906
                        of the Sarbanes-Oxley Act of 2002



In connection with the Quarterly Report of Signet International Holdings, Inc.
(Company) on Form 10-QSB for the period ended September 30, 2006, as filed with
the Securities and Exchange Commission on the date hereof (Report), I, Ernest W.
Letiziano, Chief Executive Officer and Chief Accounting Officer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, adopted as 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 result of operations of the
       Company.


Date: November 14, 2006              By:       /s/ Ernest W. Letiziano
      -----------------                  -----------------------------------
                                                   Ernest W. Letiziano
                                                   Chief Executive Officer and
                                                   Chief Financial Officer


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



A signed original of this written statement required by Section 906 has been
provided to Signet International Holdings, Inc. and will be retained by Signet
International Holdings, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________ 

)

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)

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)

)

)

)

)

)

)

)

Plaintiff(s)

v. Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. 

You also must file your answer or motion with the court.

CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

 District of Arizona

Allstate Vehicle and Property Insurance Company

2:17-cv-04208

Shenzhen Globalgrow E-Commerce Co., Ltd. d/b/a 

Floureon, et. al. 

Shanxi Baiyan Trousers Chain Management Co., Ltd. 

Workshop D on 1/F Wo Fung Industrial Building No. 2 

Yip Wo Street 

Fanling, New Territories, Hong Kong

Benjamin J. Branson 

Bauman Loewe Witt & Maxwell, PLLC 

8765 E. Bell Road, Suite 210 

Scottsdale, AZ 85260

ISSUED ON 8:38 am, Nov 20, 2017 s/ Brian D. Karth, Clerk
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

’ I personally served the summons on the individual at (place)

on (date) ; or

’ I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual) , who is

 designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

’ I returned the summons unexecuted because ; or

’ Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:

Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

2:17-cv-04208 0.00 Print Save As... Reset
27796 Federal Register / Vol. 61, No. 107 / Monday, June 3, 1996 / Rules and Regulations

50 CFR Part 675

[Docket No. 960129019–6019–01; I.D.

052896G]

Groundfish Fishery of the Bering Sea

and Aleutian Islands Area; Pacific

Ocean Perch in the Eastern Aleutian

District

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting retention

of Pacific ocean perch in the Eastern

Aleutian District of the Bering Sea and

Aleutian Islands management area

(BSAI). NMFS is requiring that catches

of Pacific ocean perch in the Eastern

Aleutian District be treated in the same

manner as prohibited species and

discarded at sea with a minimum of

injury. This action is necessary because

the Pacific ocean perch total allowable

catch (TAC) in the Eastern Aleutian

District has been caught.

EFFECTIVE DATE: 12 noon, Alaska local

time (A.l.t.), May 29, 1996, until 12

midnight A.l.t., December 31, 1996.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson Fishery

Conservation and Management Act.

Fishing by U.S. vessels is governed by

regulations implementing the FMP at 50

CFR parts 620 and 675.

In accordance with § 675.20(a)(7)(ii),

the Pacific ocean perch TAC for the

Eastern Aleutian District was

established by the Final 1996 Harvest

Specifications of Groundfish (61 FR

4311, February 5, 1996), and increased

by an apportionment from the reserve

(61 FR 16085, April 11, 1996) to 3,025

metric tons (mt).

The Director, Alaska Region, NMFS,

has determined, in accordance with

§ 675.20(a)(9), that the TAC for Pacific

ocean perch in the Eastern Aleutian

District has been reached. Therefore,

NMFS is requiring that further catches

of Pacific ocean perch in the Eastern

Aleutian District be treated as

prohibited species in accordance with

§ 675.20(c)(3).

Classification

This action is taken under 50 CFR

675.20 and is exempt from review under

E.O. 12866.

Authority: 16 U.S.C. 1801 et seq.

Dated: May 28, 1996.

Richard W. Surdi,

Acting Director, Office of Fisheries

Conservation and Management, National

Marine Fisheries Service.

[FR Doc. 96–13809 Filed 5–29–96; 1:02 pm]

BILLING CODE 3510–22–F
IV 

House Calendar No. 48 

111TH CONGRESS 

1ST SESSION H. RES. 372 

[Report No. 111–91] 

Providing for consideration of the bill (H.R. 1913) to provide Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate 

crimes, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2009 

Mr. HASTINGS of Florida, from the Committee on Rules, reported the following resolution; which was referred to the House Calendar and ordered 

to be printed 

RESOLUTION 

Providing for consideration of the bill (H.R. 1913) to provide 

Federal assistance to States, local jurisdictions, and Indian tribes to prosecute hate crimes, and for other purposes. 

1 Resolved, That upon the adoption of this resolution 

2 it shall be in order to consider in the House the bill (H.R. 

3 1913) to provide Federal assistance to States, local juris4 dictions, and Indian tribes to prosecute hate crimes, and 

5 for other purposes. All points of order against considermstockstill on PROD1PC66 with BILLS

2 

•HRES 372 RH 

1 ation of the bill are waived except those arising under 

2 clause 9 or 10 of rule XXI. The amendment in the nature 

3 of a substitute recommended by the Committee on the Ju4 diciary now printed in the bill, modified by the amendment 

5 printed in the report of the Committee on Rules accom6 panying this resolution, shall be considered as adopted. 

7 The bill, as amended, shall be considered as read. All 

8 points of order against provisions of the bill, as amended, 

9 are waived. The previous question shall be considered as 

10 ordered on the bill, as amended, to final passage without 

11 intervening motion except: (1) one hour and 20 minutes 

12 of debate equally divided and controlled by the chair and 

13 ranking minority member of the Committee on the Judici14 ary, who may yield control of blocks of that time; and (2) 

15 one motion to recommit with or without instructions. 

mstockstill on PROD1PC66 with BILLS

mstockstill on PROD1PC66 with BILLS

House Calendar No. 48 

111TH CONGRESS 

1ST SESSION H. RES. 372 

[Report No. 111–91] 

RESOLUTION 

Providing for consideration of the bill (H.R. 1913) 

crimes, and for other purposes. risdictions, and Indian tribes to prosecute hate to provide Federal assistance to States, local juAPRIL 28, 2009 

Referred to the House Calendar and ordered to be 

printed 

mstockstill on PROD1PC66 with BILLS