alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20-0607V

UNPUBLISHED

MARSULLY GONZALEZ,

Petitioner,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: August 5, 2021

Special Processing Unit (SPU); Ruling on Entitlement; Concession; Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Jimmy A. Zgheib, Zgheib Sayad, P. C., White Plains, NY, for Petitioner.

Lara Ann Englund, U.S. D epartment of Justice, Wash ington, DC, for Respondent.

RULING ON ENTITLEMENT 1

On May 15, 2020, Marsully Gonzalez f iled a petition for compensation under the National Vaccine Injury Compensat ion Program, 42 U.S.C. §300aa-10, et seq. 2 (the “Vaccine Act”). Petitioner alleges that she suffered an on-Table shoulder injury related to vaccine administration (“SIRVA”) as a result of an influenza (“flu”) vaccine she received on January 29, 2018. Petition at 1. The case was assigned to the Special Processing Unit of the Office of Special Masters.

On August 4, 2021, Responden t filed his Rule 4(c) report in which he concedes that Petitioner is entitled to compensation in this case. Respondent’ s Rule 4(c) Report at 1. Specifically, Respondent stat es that Petitioner “had no histor y of pain, inflammation, or dysfunction in her left shoulder; her pain occurred within 48 hours of receipt of an

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am required to post it on the United States Court of Federal Claims ' website in accordance with the E-Government Act

of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the ruling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information,

the disclosure of which would cons titute an unwarranted invasion of privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa (2012).2 intramuscular vaccination; her pain and r educed range of motion were limited to the

shoulder in which the vaccine was administe red; and no other condition or abnormality was identified to explain her symptoms.” Id. at 6-7. Respondent fu rther agrees that the six month sequela requirem ent has been satisfied. Id. at 7.

In view of Respondent’s position a nd the evidence of record, I find that Petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Brian H. Corcoran

Brian H. Corcoran
Chief Special Master
#### Robert PARNELL, Appellant, v. STATE of Missouri, Respondent.

Nos. WD 47848, WD 49233.

Missouri Court of Appeals, Western District.

Jan. 31, 1995.

Motion for Rehearing and/or Transfer to Supreme Court Denied Feb. 28, 1995.

Larry C. Pace, Kansas City, for appellant.

*786Jeremiah W. (Jay) Nixon, Atty. Gen., Michelle A. Freund, Asst. Atty. Gen., Jefferson City, for respondent.

Before SPINDEN, P.J., and ULRICH and SMART, JJ.

*ORDER*

PER CURIAM:

Consolidated appeal from convictions of two counts of sodomy, § 566.060, RSMo 1986, and one count of rape, § 566.030.3 RSMo 1986, and from the denial of a Rule 29.15 motion for post-conviction relief.

Affirmed. Rules 30.25(b) and 84.16(b).
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

VICTOR H. SANCHEZ

- NARABE, AKA Victor Lopez, AKA Victor Hiroshim Sanchez, AKA Victor Hiroshima Sanchez, AKA Victor Narabe Sanchez, AKA Victor Hiroshima Sanchez Narabe,

Petitioner,

v.

MERRICK B. GARLAND, Attorney General,

Respondent. No. 15

- 72702

Agency No. A072

- 245

- 554

MEMORANDUM *

On Petition for Review of an Order of the Board of Immigration Appeals

Submitted August 17, 2022 * *

Before: S.R. THOMAS, PAEZ, and LEE, Circuit Judges.

Victor Sanchez

- Narabe

, a native and citizen of Mexico, petitions for review

of the Board of Immigration Appeals’ order dismissing his appeal from an

* 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

AUG 24 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 15

- 72702

immigration judge’s decision denying his applications for cancellation of removal,

asylum, withholding of removal, and protection under the Convention Against

Torture. We have jurisdiction under 8 U.S.C. § 1252. We review de novo

questions of law. Cerezo v. Mukasey , 512 F.3d 1163, 1166 (9th Cir. 2008). We

deny the petition for review.

The agency did not err in denying cancellati on of removal, asylum, and

withholding of removal, where Sanchez

- Narabe failed to meet his burden of proof

to establish that his conviction under California Health & Safety Code (“CHSC”)

section 1137 9 (a) is not a controlled substance violation constituting an aggravated

felony or particularly serious crime that renders him ineligible for these forms of

relief

. See 8 U.S.C. § § 1229b( a )( 3 )

, 1158(b)(2)(A)(ii), (B) (i)

, 1231(b)(3)(B)(ii) ;

Pereida v. Wilkinson

, 141 S. Ct. 754, 766 (2021) (an applicant for relief from

removal cannot establish eligibility where a co nviction record is inconclusive as to

which elements of a divisible statute formed the offense); Marinelarena v.

Garland , 6 F.4th 975, 977 (9th Cir. 20 21) (an applicant for cancellation of removal

bears the burden of showing that a conviction is not disqualifying); United States v.

Barragan , 871 F.3d 689, 715 (9th Cir. 2017) (CHSC § 1137 9 is divisible ) ; Matter

of Y

- L

- , 23 I. & N. Dec. 270, 27 4 ( A.G. 2002 ), disapproved of on other grounds in

Zheng v. Ashcroft

, 332 F.3d 1186, 1196 (9th Cir. 2003) ( aggravated felonies

involving trafficking in controlled substances are presumptively particularly3 15

- 72702

serious crimes ).

PETITION FOR REVIEW DENIED.
MAGISTRATE JUDGE'S MINUTES 

IN THE UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA – TUCSON 

U.S. Magistrate Judge: Jacqueline M. 

Rateau Date: September 13, 2018 

USA v. Robert Francis Krebs Case Number: CR-18-00263-001-TUC-JGZ (JR)

Assistant U.S. Attorney: Raquel Arellano and Christine Melton

Attorney for Defendant: Jorge Leonardo Costales, Assistant Federal Public Defender 

Interpreter: N/A 

Defendant: ☒ Present ☒ Custody Restraint Level 0 

STATUS CONFERENCE re Determination of Mental Competency: 

Discussion held regarding the reports issued by Dr. Menchola and Dr. Johnson. 

The parties agree that an additional evaluation is needed in a medical facility where the defendant can 

be evaluated over a period of time. 

So ordered. Formal order to issue. 

This matter is set for Status Conference on 1/23/2019 at 10:00 AM before this Court. 

Recorded By Courtsmart

Deputy Clerk Amanda Smith 

Status Conference:

12 min 

Start: 10:58 AM 

Stop: 11:10 AM
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

VENET DESIR, DOC #T13847, )

)

Appellant, )

)

v. ) Case No. 2D18-1580

)

STATE OF FLORIDA, )

)

Appellee. )

)

Opinion filed October 26, 2018.

Appeal from the Circuit Court for 

Hillsborough County; Kimberly K. 

Fernandez, Judge.

Venet Desir, pro se.

Pamela Jo Bondi, Attorney General, 

Tallahassee, and Johnny T. Salgado, 

Assistant Attorney General, Tampa, for 

Appellee.

PER CURIAM.

Affirmed. 

KHOUZAM, LUCAS, and SALARIO, JJ., Concur.
Exhibit 10.2


 


THIRD AMENDMENT TO PATENT TRANSFER AGREEMENT


 


THIS IS A THIRD AMENDMENT, dated as of February 12, 2009, to that
certain PATENT TRANSFER AGREEMENT dated as of May 11, 2005 (the “Patent
Transfer Agreement”) by and between Bayer Schering Pharma AG, a German
corporation having its principal place of business in Müllerstraße 178, 13353
Berlin, Germany (hereinafter referred to as “BSP”) and Acusphere, Inc., a
Delaware corporation having its place of business at 500 Arsenal Street,
Watertown, MA 02472, USA (hereinafter referred to as “Acusphere”)


 


WHEREAS, BSP (formerly acting under the name Schering
Aktiengesellschaft) and Acusphere entered into the Patent Transfer Agreement on
May 11, 2005, pursuant to which certain patent rights were transferred from
BSP to Acusphere;


 


WHEREAS, the Patent Transfer Agreement has been amended by a First
Amendment to Patent Transfer Agreement, dated April 27, 2007 (the “First
Amendment”) and a Second Amendment to Patent Transfer Agreement, dated May 15,
2008 (the “Second Amendment’), and under the Patent Transfer Agreement, as so
amended, Acusphere will be obligated to make a payment of $1,800,000 to BSP on
or before fifteen days after May 11, 2009;


 


WHEREAS, Acusphere wishes to defer payment of such May 11, 2009
payment and BSP is willing to agree to a deferral on the terms set forth
herein;


 


NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the parties hereto agree as follows:


 


1.               Notwithstanding
anything to the contrary contained in the Patent Transfer Agreement, the First
Amendment or the Second Amendment, rather than the $1,800,000 payment payable
under Section 1.b of the Second Amendment, Acusphere shall instead pay BSP
a total of $1,800,000 as follows:


 

















 


a.               $100,000 on or
before fifteen days after the execution of this Amendment;


b.              $100,000 on or
before fifteen days after the earlier of (i) the closing by Acusphere of
an equity financing in excess of $10,000,000 or (ii) May 11, 2013;
and


c.               $1,600,000 on or
before fifteen days after May 11, 2013.


 


2.               In all other
respects, the Patent Transfer Agreement shall remain in effect as executed.


 


IN WITNESS WHEREOF, the parties have executed this Amendment to Patent
Transfer Agreement as of the date first above written.


 


	
  ACUSPHERE, INC.

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  BY

  	
  /s/ Sherri C. Oberg

  	
   

  	
   

  
	
   

  	
  Sherri C. Oberg

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  BAYER SCHERING PHARMA AG

  	
   

  	
   

  
	
   

  	
   

  	
   

  
	
  BY

  	
  /s/ Dr. Hans Maier

  	
   

  	
  /s/ Dr. Ulrich Koch

  
	
   

  	
  Dr. Hans Maier

  	
   

  	
  Dr. Ulrich Koch
#### The JAMES GROUP, INC., Respondent, v. FORM, FUNCTION, & FINESSE, INC., Appellant.

No. 67500.

Missouri Court of Appeals, Eastern District, Division Five.

Feb. 6, 1996.

*765David T. Hamilton, Saale, Bailey & Hamilton, L.C., St. Peters, for Appellant.

Paul W. Kopsky, Edwards J. Miller, Kop-sky & Associates, Chesterfield, for Respondent.

Before CRANE, C.J., SIMON, J., and BLACKMAR, Senior Judge.

*ORDER*

PER CURIAM.

Appellant, Form, Function & Finesse, Inc. appeals from the judgment in favor of respondent, The James Group, Inc., on its petition on account and on appellant’s counterclaim for breach of contract and warranty.

We have reviewed the briefs of the parties and the legal file and find that no error of law appears. As we further find an extended opinion would have no precedential value, we affirm the judgment of the trial court pursuant to Rule 84.16(b). A memorandum solely for the use of the parties involved has been provided explaining the reasons for our decision.
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UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Plaintiff’s Counsel hereby submits this Notice of Change of Address for transmission of 

all documents in the above-captioned case. All future correspondence, service of pleadings, and 

other documents that are required to be submitted in hard copy should be directed to the 

following address:

Justin Clark

J. Clark Law Firm, PLLC

2 North Central Avenue, 18th and 19th Floors

Phoenix, AZ 85004

ADULT PRINTED DIAPERS, LLC, an 

Arizona limited liability company

Plaintiff,

vs.

REARZ, Inc., a Canadian corporation, Cooshie 

Tooshiez, LLC D.B.A. Crown Diapers, a Utah 

limited liability company, Faithfulness, LLC, 

Personal Care Medical Supplies, The Bottom 

Half Group, LLC, Northeast Mobility Center, 

Soft Cradle Company, Daynitecare.ca, 

Littleforbig.com, and DOES 1-10,

Defendants.

No.: 2:2018-cv-00370-DJH

COMPLAINT

PLAINTIFF’S ATTORNEY NOTICE 

OF CHANGE OF ADDRESS

J. Clark Law Firm, PLLC

Justin Clark (#030159)

2 North Central Avenue

18th and 19th Floors

Phoenix, AZ 85004

Phone: 602-343-1884

Fax: 602-343-1801

Email: jmc@jclarklawfirm.com

Attorneys for Plaintiff
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Respectfully submitted this 5th day of April , 2018 .

J. Clark Law Firm, PLLC

By: /s/Justin Clark

Justin M. Clark

Attorney for Plaintiff
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CERTIFICATE OF SERVICE

I hereby certify that on the 5th day of April, 2018, I electronically transmitted the 

foregoing to the Clerk’s Office using the CM/ECF System for filing and transmittal of a Notice 

of Electronic Filing to all CM/ECF registrants in this action.

By: /s/Justin Clark ___________
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 Quarterly Report on Form 10-Q of SmartHeat Inc. (the
“Company”) for the quarter ended June 30, 2009, as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), Zhijuan Guo, 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.




Dated:
      August 10, 2009
                  By:
                  /s/
      Zhijuan GuoZhijuan
      GuoChief
      Financial Officer
                    (Principal
      Financial and Accounting
                    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.
Opinion issued December 7, 2012.

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-12-00963-CV

———————————

IN RE SOUTHAMPTON PLACE EXTENSION PROPERTY OWNERS 

ASSOCIATION, INC. AND ANN G. HIGHTOWER, Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators, Southampton Place Extension Property Owners Association, Inc. 

and Ann G. Hightower, have filed a petition for writ of mandamus, challenging the 

trial court’s Motion to Compel discovery and the trial court’s grant of the 
2

plaintiffs’ partial Motion for New Trial.1 Southampton and Hightower contend 

that the trial court abused its discretion in ordering them to produce the remaining 

insurance policy limits on an eroding insurance policy, and in granting the 

plaintiffs’ partial motion for new trial as to their claims for negligence and gross 

negligence. 

We deny the petition for writ of mandamus.2 All pending motions are 

denied.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Sharp.

 

1

The underlying case is Thurmond v. Southampton Place Extension Property 

Owners Association, Inc., No. 2010-51417, in the 129th District Court of Harris 

County, Texas, the Honorable Michael Gomez presiding.

2

See TEX. R. APP. P. 52.89(d) (providing that, when denying relief requested in 

petition for writ of mandamus, “court may hand down an opinion but is not 

required to do so”).
|EXHIBIT 21
|----------

PMA Capital Corporation
Significant Subsidiaries of Registrant
As of December 31, 2003

PMA Capital Corporation (Pennsylvania)

     PMA Capital Insurance Company (Pennsylvania)

          Pennsylvania Manufacturers' Association Insurance Company (Pennsylvania)

          Pennsylvania Manufacturers Indemnity Company (Pennsylvania)

          Manufacturers Alliance Insurance Company (Pennsylvania)

          PMA Holdings Ltd. (Bermuda)

               Pennsylvania Manufacturers' International Insurance Ltd. (Bermuda)

     Mid-Atlantic States Investment Company (Delaware)

          PMA Holdings, Cayman Ltd. (Cayman)

          High Mountain Reinsurance, Ltd. (Cayman)

          PMA Insurance SPC, Cayman (Cayman)

     PMA Re Management Company (Pennsylvania)

     PMA Management Corporation (Pennsylvania)

     PMA Services Incorporated (Pennsylvania)
Exhibit 32.2  CERTIFICATION OF PERIODIC REPORT PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002  I, Simon Thomas, Chief Financial Officer of TransAct Energy Corp., (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that to the best of my knowledge:  (1) the Quarterly Report on Form 10-Q, of the Company for the fiscal quarter ended June 30, 2012 (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 78 o(d)); 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 20, 2012  /s/ Simon Thomas Simon Thomas Chief Financial Officer     A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act has been furnished to TransAct Energy Corp. and will be retained by TransAct Energy Corp. and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 32.1





CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Annual Report on Form 10-K of PG&E Funding LLC for the year ended December 31, 2006, I, Christopher P. Johns, Chairman and President of PG&E Funding LLC, hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2003, to the best of my knowledge and belief, that:

(1)	such Annual Report on Form 10-K of PG&E Funding LLC for the year ended   December 31, 2006, 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 such Annual Report on Form 10-K of PG&E Funding LLC for the year ended December 31, 2006, fairly presents, in all material respects, the financial condition and results of operations of PG&E Funding LLC.









|/s/ Christopher P. Johns
|------------------------
|Christopher P. Johns    
|Chairman and President  



March 26, 2007













Exhibit 32.2



CERTIFICATION OF PRINCIPAL FINANCIAL OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350

In connection with the accompanying Annual Report on Form 10-K of PG&E Funding LLC for the year ended December 31, 2006, I, Nicholas Bijur, Treasurer of PG&E Funding LLC, hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief, that:

(1)	such Annual Report on Form 10-K of PG&E Funding LLC for the year ended    December 31, 2006, 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 such Annual Report on Form 10-K of PG&E Funding LLC for the year ended December 31, 2006, fairly presents, in all material respects, the financial condition and results of operations of PG&E Funding LLC.









|/s/ Nicholas Bijur
|------------------
|Nicholas Bijur    
|Treasurer         

March 26, 2007