alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SAUL BARRIOS PEREZ,

Plaintiff

- Appellant,

v.
DILL, Assistant Warden; et al.,

Defendants

- Appellees. No. 16

- 15558

D.C. No. 1:07

- cv

- 01794

- BAM

MEMORANDUM *

Appeal from the United States District Court for the Eastern District of California Barbara McAuliffe, Magistrate Judge, Presiding **

Submitted May 8, 2017 * * *

Before: REINHARDT, LEAVY, and NGUYEN, Circuit Judges.
California state prisoner Saul Barrios Perez appeals pro se from the district
court’s judgment following a jury verdict in favor of defendants in his 42 U.S.C.

§ 1983 action alleging conditions of confinement claims . We have jurisdiction

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

- 3.

** The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c).

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

# FILED

MAY 17 2017

MOLLY C. DWYER, CLER K U.S. COURT OF APPEALS2 16

- 15558

under 28 U.S.C. § 1291. We review “independently and non

- deferentially a
challenge to the composition of grand and petit juries,” Thomas v. Borg
, 159 F.3d

1147, 1149 ( 9th Cir. 1998 ) (citation and internal quotation marks omitted), and for

an abuse of discretion a district court’s sanctions under Federal Rule of Civil

Procedure 16(f). We affirm.

Contrary to Perez’s arguments that the composition of his civil jury violated

the Sixth and Fourteenth Amendment s , there is no evidence in the record showing

that there was a discr iminatory intent in composing the jury or that there was a
distinctive group in the community that was systemically excluded from the jury

process. See Thomas , 159 F.3d at 1149

- 50 (requirements for Sixth and Fourteenth
Amendment challenges to a jury compo sition).
The district court did not plainly err in failing to deny sua sponte defendants ’
peremptory challenges as improperly motivated by race because there wer e race

neutral reasons for the exclusion of those jurors

. See United States v. Contreras

Contreras , 83 F.3d 1103, 1104

- 06 (9th Cir. 1996) (standard of review and

explanation of plain error standard)

. The district court did not abuse its discretion in sanctioning Perez for failing
to comply with its scheduling order because Perez fail ed to file his pretrial

statement in a timely manner

. See Fed. R. Civ. P . 16(f) (permitting court to sua
sponte issue sanctions based on party’s failure to comply with pretrial order) ; see3 16

- 15558

also Wong v. Regents of the Univ. of Cal. , 410 F.3d 1052, 1060 (9t h Cir. 2005)
(standard of review)

. We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on
appeal. See Padgett v. Wright , 587 F. 3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.
Exhibit 10.1


 


SECOND AMENDMENT TO 


EMPLOYMENT AGREEMENT


 


 


THIS SECOND AMENDMENT TO EMPLOYMENT AGREEMENT
(Second Amendment) is entered into the 14th  day of May, 2014 (“Execution Date”) and effective this 1st
Day of May, 2014 (“Effective Date”) by and between TWIN CITIES POWER HOLDINGS, L.L.C., a Minnesota Limited Liability
Company, with its principal place of business at 16233 Kenyon Avenue, Suite 210, Lakeville, Minnesota 55044 (the “COMPANY”)
and TIMOTHY S. KRIEGER an individual with his principal residence at 19555 Oak Grove Ave. Prior Lake Minnesota 55372 (the “EMPLOYEE”).


 


The PARTIES entered into an Employment Agreement on the 1st
day of January, 2012 and a FIRST AMENDENT to EMPLOYMENT AGREEMENT on the 24th of March, 2014.The PARTIES wish to
amend certain terms and conditions in the Amended Employment Agreement pursuant to this Second Amendment.


 


NOW THEREFORE, in consideration of the mutual
covenants, terms, and conditions herein contained, it is hereby agreed by and between the PARTIES:


 


	1.		Section 7. Termination and Default is AMENDED as follows.



 


(g) Payments upon Termination Other Than For Cause.


 


In the event the Executive’s employment
with the COMPANY is terminated by the COMPANY without Cause, as a result of death or the COMPANY’s Non-Renewal:


 


(i)In the event that the Executive’s employment with the
COMPANY is terminated by the COMPANY without Cause, the COMPANY shall pay to the Executive as severance an amount of Two Million
and no/100 Dollars ($2,000,000.00


 


(ii)In the event that Executive’s employment terminates
as a result of the non-renewal by the COMPANY of this Agreement (a “Company Non-Renewal”) the COMPANY shall pay to
the Executive One Million and no/100 Dollars ($1,000,000.00).


 


(iii) In the event that Executive’s employment terminates
as a result of death while employed by the COMPANY, the COMPANY shall have maintained a Five Million and no/100 Dollar ($5,000,000.00)
Term Life Insurance Policy payable to the Executive’s Estate.


 




    	1



    	 



    

 


 


2. Other Terms and Conditions. All other terms and
conditions of the Employment Agreement as amended remain unchanged except as hereinbefore amended by this SECOND AMENDMENT to EMPLOYMENT
AGREEMENT


 


 


The COMPANY and the EMPLOYEE have duly executed this Second Amendment
to the Employment Agreement as of the date and year set forth in the first paragraph to this Second Amendment.


 


 


TWIN CITIES POWER HOLDINGS, L.L.C.


 


 


/s/ Timothy S. Krieger


By: TIMOTHY S. KRIEGER


Its: President/CEO


 


 


/s/ Keith W. Sperbeck


By: KEITH W. SPERBECK


Its: Secretary


 


EMPLOYEE


 


 


/s/ Timothy S. Krieger


By: TIMOTHY S. KRIEGER


 




 


 


 






    	2
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                             962
<SECURITIES>                                 1,011,439
<RECEIVABLES>                               17,815,973
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                18,749
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              18,847,123
<CURRENT-LIABILITIES>                        1,286,012
<BONDS>                                     17,328,606
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       184,960
<OTHER-SE>                                      47,545
<TOTAL-LIABILITY-AND-EQUITY>                18,847,123
<SALES>                                              0
<TOTAL-REVENUES>                             1,653,896
<CGS>                                                0
<TOTAL-COSTS>                                1,652,941
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                    955
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       955
<EPS-PRIMARY>                                     0.40
<EPS-DILUTED>                                        0
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from
Serologicals Corporation and Subsidiaries Consolidated June 1997
Income Statement and Balance Sheet.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-29-1997
<PERIOD-END>                               JUN-29-1997
<CASH>                                          14,371
<SECURITIES>                                         0
<RECEIVABLES>                                    8,368
<ALLOWANCES>                                         0
<INVENTORY>                                      7,706
<CURRENT-ASSETS>                                31,712
<PP&E>                                          11,901
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                  93,458
<CURRENT-LIABILITIES>                           12,415
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           149
<OTHER-SE>                                      77,806
<TOTAL-LIABILITY-AND-EQUITY>                    93,458
<SALES>                                         45,962
<TOTAL-REVENUES>                                45,962
<CGS>                                           29,211
<TOTAL-COSTS>                                   29,211
<OTHER-EXPENSES>                                 8,281
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (224)
<INCOME-PRETAX>                                  8,694
<INCOME-TAX>                                     3,196
<INCOME-CONTINUING>                              5,498
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,498
<EPS-PRIMARY>                                    $0.36
<EPS-DILUTED>                                        0<F1>
<FN>
<F1>Fully diluted EPS is anti-dilutive
</FN>
        

</TABLE>
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                                    9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                             845
<SECURITIES>                                         0
<RECEIVABLES>                                       20
<ALLOWANCES>                                         4
<INVENTORY>                                        301
<CURRENT-ASSETS>                                 1,312
<PP&E>                                           3,904
<DEPRECIATION>                                   1,361
<TOTAL-ASSETS>                                   4,347
<CURRENT-LIABILITIES>                              403
<BONDS>                                          1,548
<PREFERRED-MANDATORY>                                1
<PREFERRED>                                          0
<COMMON>                                             5
<OTHER-SE>                                       1,971
<TOTAL-LIABILITY-AND-EQUITY>                     4,347
<SALES>                                            861
<TOTAL-REVENUES>                                   869
<CGS>                                              799
<TOTAL-COSTS>                                      938
<OTHER-EXPENSES>                                    11
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                  76<F1>
<INCOME-PRETAX>                                  (184)
<INCOME-TAX>                                      (34)
<INCOME-CONTINUING>                              (151)
<DISCONTINUED>                                       3
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (148)
<EPS-BASIC>                                     (1.80)
<EPS-DILUTED>                                   (1.48)
<FN>
<F1>NET OF INTEREST INCOME, $22 MILLION, AND CAPITALIZED INTEREST, $4 MILLION.
</FN>



</TABLE>
#### STATE OF NEW JERSEY v. LARRY DOUGLAS.

December 18, 1985.

Petition for certification denied. (See 204 *N.J.Super.*265)
#### TOWN OF BOCA RATON, a Municipal Corporation, Plaintiff in Error, v. M. A. SMITH, as Liquidator of Farmers Bank & Trust Company, a Florida Corporation, Defendant in Error.

Supreme Court of Florida.

Jan. Term, 1936.

Metcalf & Finch, of West Palm Beach, for plaintiff in error.

Wideman, Wardlaw & Caldwell, ot West Palm Beach, for defendant in error.

PER CURIAM.

Writ of error dismissed on motion of counsel for the respective parties.
**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 of Hickory Tech Corporation on Form 10-Qfor the period ending March 31, 2008 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, David A. Christensen,Chief Financial Officer of HickoryTech, 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 requirementsof section 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

(2)           The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of HickoryTech.

 

 
| /s/ David A.  Christensen                          |   |
|----------------------------------------------------|--------|
| David A. Christensen                               |   |
| Senior Vice President  and Chief Financial Officer |   |
| May 1, 2008                                   |   |

 

----
<TABLE> <S> <C>

<ARTICLE> 5
<CIK>  0000770470
<NAME> PAINEWEBBER R&D PARTNERS, L.P.
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                        DEC-31-1997
<PERIOD-END>                             SEP-30-1997
<CASH>                                           799
<SECURITIES>                                       0
<RECEIVABLES>                                  1,000
<ALLOWANCES>                                       0 
<INVENTORY>                                        0 
<CURRENT-ASSETS>                               1,799 
<PP&E>                                             0
<DEPRECIATION>                                     0
<TOTAL-ASSETS>                                 1,799 
<CURRENT-LIABILITIES>                         43,909  
<BONDS>                                            0
<PREFERRED-MANDATORY>                              0 
<PREFERRED>                                        0
<COMMON>                                           0
<OTHER-SE>                                   (42,110)
<TOTAL-LIABILITY-AND-EQUITY>                   1,799
<SALES>                                            0
<TOTAL-REVENUES>                               2,502
<CGS>                                              0
<TOTAL-COSTS>                                      0
<OTHER-EXPENSES>                              88,992
<LOSS-PROVISION>                                   0
<INTEREST-EXPENSE>                                 0
<INCOME-PRETAX>                              (86,490)
<INCOME-TAX>                                       0
<INCOME-CONTINUING>                                0
<DISCONTINUED>                                     0
<EXTRAORDINARY>                                    0
<CHANGES>                                          0
<NET-INCOME>                                 (86,490)
<EPS-PRIMARY>                                      0
<EPS-DILUTED>                                      0
        

</TABLE>
Exhibit 99(c)

ANNUAL STATEMENT AS TO COMPLIANCE

HSBC Finance Corporation, successor by merger to

Household Finance Corporation ("HSBC" Finance")

HFC REVOLVING CORPORATION

HOUSEHOLD HOME EQUITY LOAN TRUST 2002-1

	

	I, Steven H. Smith, Servicing Officer of HSBC Finance (the "Master Servicer"), DO HEREBY CERTIFY, in accordance with Section 3.10 of the Pooling and Servicing Agreement dated as of March 15, 2002 among HFC Revolving Corporation, as Depositor, Master Servicer and JPMorgan Chase Bank, N.A.  (as Successor in Interest to Bank One, National Association ), as Trustee, (the "Agreement")  that:

A review of the activities of the Master Servicer from January 1 through December 31, 2004 and of its performance under the Agreement has been made under my supervision; and

To the best of my knowledge, based on my review, the Master Servicer has fulfilled all of its material obligations under the Agreement throughout such Year. Based on such review, the Master Servicer has, to the best of my knowledge, performed in all material respects its obligations under the Agreement throughout such year and no default in the performance of such obligations has occurred or is continuing except as set forth below.

			NONE

 

IN WITNESS WHEREOF, I have signed this certificate this 1st day of March, 2005.                              

					HSBC Finance Corporation, as Master Servicer

 

						/s/ Steven H. Smith			
					Steven H. Smith

					Servicing Officer
**EXTENSION
      OF PROMISSORY NOTE**





Comes
      now
      MAG Capital, LLC, Monarch Pointe Fund,  Mercator Momentum Fund III and
      Asset Managers International  (the “MAG Group”) and for good and
      valuable consideration, the receipt and sufficiency is hereby acknowledged,
      agrees as follows:





1.  MAG
      Group Loan. The MAG Group hereby extends the Maturity Date of the promissory
      note entered into between Invisa, Inc (“Invisa”) and the MAG Group on October 4,
      2006 (the “MAG Group Note”) until May 31, 2008 (the “Extended Maturity
      Date”).





The
      parties have signed this Agreement on April 11, 2008.














Invisa,
      Inc.





BY:
      ____________





MAG
      Affiliated Entities:





MAG
      Capital, LLC








BY:
      ____________





Monarch
      Pointe Fund





BY:
      ______________








Mercator
      Momentum Fund III





BY:
      _________________








Asset
      Managers International





BY:
      _________________
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Health and Human Services

###### Food and Drug Administration

          - [Docket No. 2010-N-0389]

# AGENCY:

Food and Drug Administration, HHS.

# ACTION:

Notice.

# SUMMARY:

                        The Food and Drug Administration (FDA) is announcing an amendment to the notice of a public meeting on the reauthorization of the medical device user fee program. This meeting was announced in the                         **Federal Register**                         of August 13, 2010 (75 FR 49502). The amendment is being made to include the exact meeting location, previously identified only as the Washington D.C. metropolitan area. There are no other changes.                    

# FOR FURTHER INFORMATION CONTACT:

                         James Swink, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, rm. 1609, Silver Spring, MD 20993, 301-796-6313, FAX: 301-847-8121, email:                         *James.Swink@fda.hhs.gov*.                    

# SUPPLEMENTARY INFORMATION:

                     In the                     **Federal Register**                     of August 13, 2010 (75 FR 49502), FDA announced that a public meeting on the reauthorization of the medical device user fee program would be held on September 14, 2010. On page 49503, in the first column, the                     *Location*                     portion of the document is changed to read as follows:                

*Location*: The meeting will be held at the Marriott Inn and Conference Center, University of Maryland University College (UMUC), 3501 University Blvd. East, Hyattsville, MD 20783,                     *www.marriott.com/​wasum*.                

Dated: August 27, 2010.

David Dorsey,

Acting Deputy Commissioner for Policy, Planning and Budget.

[FR Doc. 2010-21800 Filed 8-31-10; 8:45 am]

BILLING CODE 4160-01-S
**EXHIBIT 32.1**

 

**CERTIFICATION FURNISHEDPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the AnnualReport on Form 10-K/A of Techwell, Inc. (the “Company”) for theannual period ended December 31, 2009 as filed with the Securities andExchange Commission on the date hereof (the “Report”), Fumihiro Kozato, ChiefExecutive Officer of the Company hereby certifies, pursuant to 18 U.S.C.§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of2002, to the best of his knowledge, that:

 

(1)   The Report fully complieswith the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934, as amended; and

 

(2)   The information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of the Company.

 
| Date: April 30,  2010 |                                  |
|----------------------------|---------------------------------------|
|                       |                                  |
|                       | /s/ Fumihiro Kozato                   |
|                       | Fumihiro Kozato                       |
|                       | President and Chief Executive Officer |

 

----
F OR P UB LIC AT ION 

### U N I TED STA TES C O U R T O F A PPEA LS F O R T H E N IN T H C IR C U IT
J UAN R OB ER TO A L B I NO ,

Plaintif f-Appellant , v. L EE B A CA , L os An g e le s Co unty She ri ff ; L O S AN G ELE S C OU NT Y , Defendants-A

ppellees . No. 10-55702

D.C. No. 2:08-cv-03790- G A F - M LG ORDER Filed Ma rch 12, 2013 OR DE R KOZ I NSKI , Chief Judg e: Up on the vo te of a ma

jority of no nr e c us e d a c tiv e jud g e s, it i s o rd e re d th at th is c a se be re he ard en ba nc purs ua nt t o F e de ra l Ru le of

Ap pe llate Pr oc e dure35 (a) a nd Cir c uit

Rul e 35-3. The thr ee-

judgepanel opinion shall n o t be cited a s pr e c e de nt b y

or to a ny c ourt of theNi nth Cir c uit .