alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Hatem Sulieman NASER, Petitioner, v. Alberto R. GONZALES, U.S. Attorney General, Respondent.

No. 04-60342.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Feb. 24, 2005.

Bruce A. Coane, Ajay Kumar Choudhary, Coane & Associates, Houston, TX, for Petitioner.

Thomas Ward Hussey, Director, Michael Peter Lindemann, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, Kenneth L. Pasquarell, Acting District Director, U.S. Immigration & Naturalization Service, District Directors Office, San Antonio, TX, Lisa M. Anold, U.S. Department of Justice, Civil Division Immigration Litigation, Washington, DC, Caryl G. Thompson, U.S. Immigration & Naturalization Service, District Directors Office, New Orleans, LA, for Respondent.

Aberto R. Gonzales, U.S. Department of Justice, Washington, DC, pro se.

Before WIENER, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM: *

Hatem Naser petitions this court for review of the Board of Immigration Appeals’s (BIA’s) decision finding him inadmissible under 8 U.S.C. § 1182(a)(6)(C)(i), (ii) and, therefore, statutorily ineligible for adjustment of status and removable. He has also moved to expedite our ruling on that petition. Naser argues that his checking the “citizen or national” box on two 1-9 Employment Eligibility Verification forms for the purpose of securing *625private employment was an insufficient basis on which to find him inadmissible. He further argues that the BIA’s decision to utilize its summary affirmance procedures was inappropriate in his case.

Substantial evidence supports the immigration judge’s determination that Naser had not borne his burden of showing that he was “clearly and beyond doubt” not inadmissible under 8 U.S.C. § 1182(a)(6)(C)(ii). *See Carbajal-Gonzalez v. INS, 78*F.3d 194, 197 (5th Cir.1996); 8 U.S.C. § 1229a(c)(2)(A). The issue whether Naser is inadmissible under 8 U.S.C. § 1182(a)(6)(C)(i) is pretermitted in light of the determination that substantial evidence supported the finding that he was inadmissible under 8 U.S.C. § 1182(a)(6)(C)(ii). Finally, we reject Naser’s argument that we must review the BIA’s use of its streamlined review process. *See Garciar-Melendez v. Ashcroft,*351 F.3d 657, 662 (5th Cir.2003).

PETITION AND MOTION TO EXPEDITE DENIED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
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DECLARATION OF GLEN TURNER ISO PLAINTIFF’S MOTION FOR REMAND

David R. Ongaro (State Bar No. 154698) 

dongaro@ongaropc.com 

Glen Turner (State Bar No. 212417) 

gturner@ongaropc.com 

ONGARO PC 

50 California Street, Suite 3325 

San Francisco, CA 94111 

Telephone: (415) 433-3900 

Facsimile: (415) 433-3950 

Attorneys for Plaintiff 

WAYNE RUDEN 

UNITED STATES DISTRICT COURT 

DISTRICT OF ARIZONA 

IN RE: BARD IVC FILTERS 

PRODUCT LIABILITY LITIGATION, 

THIS DOCUMENT RELATES TO: 

WAYNE RUDEN, 

C. A. No.: CV-16-00344-PHX-DGC 

MDL Docket No. 15-02641 

WAYNE RUDEN, 

Plaintiff, 

vs. 

C.R. BARD, INC., et al., 

Defendants. 

DECLARATION OF GLEN TURNER 

IN SUPPORT OF PLAINTIFF WAYNE 

RUDEN’S MOTION FOR REMAND

Complaint Filed: October 7, 2015 

*ORAL ARGUMENT REQUESTED* 

Case 2:15-md-02641-DGC Document 994 Filed 03/04/16 Page 1 of 3
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 1 

DECLARATION OF GLEN TURNER ISO PLAINTIFF’S MOTION FOR REMAND 

I, Glen Turner, declare as follows: 

1. I am an attorney licensed to practice law in California. I am an attorney 

with the law firm of Ongaro PC, attorneys of record for plaintiff Wayne Ruden in the 

above captioned matter. I am one of the attorneys prosecuting this matter for Mr. Ruden. 

The facts set forth herein are of my own personal knowledge and if called upon to testify, 

I could and would do so competently. I submit this declaration in support Mr. Ruden’s 

reply memorandum on his Motion for Remand. 

2. Attached as Exhibit 1 is a true and correct copy of Mr. Ruden’s First 

Amended Complaint. 

3. Attached as Exhibit 2 is a true and correct copy of Mr. Ruden’s original 

Complaint. 

I declare under the penalty of perjury under the laws of the State of California that 

the foregoing is true and correct, and that this declaration was executed on March 3, 

2016, in San Francisco, California. 

 _______________________________ 

 Glen Turner 

Case 2:15-md-02641-DGC Document 994 Filed 03/04/16 Page 2 of 3
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CERTIFICATE OF SERVICE 

CERTIFICATE OF SERVICE 

I hereby certify that on this 4th day of March, 2016, a copy of the foregoing was 

served electronically and notice of the service of this document will be sent to all parties 

by operation of the Court’s electronic filing system to CM/ECF participants registered to 

receive service in this matter. Parties may access this filing through the Court’s system. 

/s/Glen Turner 

 Glen Turner 

Case 2:15-md-02641-DGC Document 994 Filed 03/04/16 Page 3 of 3
Exhibit 32.2



Written Statement of Chief Financial Officer

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



The undersigned, the Chief Financial Officer of Central European Distribution Corporation (the Company), hereby certifies that, to his knowledge on the date hereof:



| | (a) | the Form 10-Q of the Company for the quarterly period ended March 31, 2004, filed on the date hereof with the Securities and Exchange Commission (the Report) fully
complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (b) | information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | --- | ------------------------------------------------------------------------------------------------------------------------------------------------



/s/    NEIL A.M. CROOKNeil A.M. Crook Vice president and Chief Financial Officer May 10, 2004
Exhibit
10(f)(6)


 


 


AMENDMENT


TO


ALLTEL CORPORATION EXECUTIVE DEFERRED COMPENSATION PLAN


(October 1, 1993 Restatement)


 


 


Effective April 25, 2002, Article V of the ALLTEL
Corporation Executive Deferred Compensation Plan under an October 1, 1993
Restatement, as amended, is further amended by adding at the end thereof a new
section which reads as follows:


 


11.         Amendment of Election Agreement. 
Notwithstanding any prior Plan Provisions or any other provision herein
to the contrary, a Participant may amend his previously executed Election
Agreement so as to defer the payment of his Deferred Compensation Accounts
and/or change the manner of payment of his Deferred Compensation Accounts,
subject to the following conditions:


 


(a)         such amendment is made not less than
twelve (12) full calendar months (ten (10) full calendar months for elections
made on or before April 30, 2002) prior to the date the lump sum payment or the
first annual installment, as the case may be, would otherwise have been made
pursuant to the previously executed Election Agreement;


 


(b)        payment under the amended Election
Agreement is deferred to a date which is at least twelve (12) full calendar
months later than the date the lump sum payment or the first annual
installment, as the case may be, would otherwise have been made pursuant to the
previously executed Election Agreement; 
and


 


(c)         the amended Election Agreement applies
with respect to all Deferred Compensation Accounts for all Deferral Years of
the Participant under the Plan.


 


Any amendment of an Election Agreement which does not
satisfy the conditions set forth above shall be of no force or effect.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND> This schedule contains summary financial information extracted from the
Company's 10-K and is qualified in its entirety by reference to such financial
statements.
</LEGEND>
<MULTIPLIER> 1,000,000
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                         DEC-31-1998
<PERIOD-START>                            JAN-01-1998
<PERIOD-END>                              DEC-31-1998
<CASH>                                            142
<SECURITIES>                                        0
<RECEIVABLES>                                   2,476
<ALLOWANCES>                                        0
<INVENTORY>                                     1,430
<CURRENT-ASSETS>                                4,369
<PP&E>                                          2,144
<DEPRECIATION>                                  1,048
<TOTAL-ASSETS>                                  8,700
<CURRENT-LIABILITIES>                           2,870
<BONDS>                                         3,080
<PREFERRED-MANDATORY>                              77
<PREFERRED>                                         0
<COMMON>                                            1
<OTHER-SE>                                      2,109
<TOTAL-LIABILITY-AND-EQUITY>                    8,700
<SALES>                                         5,738
<TOTAL-REVENUES>                                6,149
<CGS>                                           4,700
<TOTAL-COSTS>                                   5,579
<OTHER-EXPENSES>                                  224
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                                240
<INCOME-PRETAX>                                   106
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                                64
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                       64
<EPS-PRIMARY>                                    0.78
<EPS-DILUTED>                                    0.76
        

</TABLE>
Exhibit 32



Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002



The undersigned hereby certifies that, to his knowledge, (i) the Form 10-QSB filed by Great Pee Dee Bancorp, Inc. (the
Issuer) for the quarter ended December 31, 2004, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and (ii) the information contained in that report fairly presents, in all
material respects, the financial condition and results of operations of the Issuer on the dates and for the periods presented therein. The purpose of this statement is solely to comply with Title 18, Chapter 63, Section 1350 of the United States
Code, as amended by Section 906 of the Sarbanes-Oxley Act of 2002.



|                        |  |                             |  |                        
|----------------------- |  | --------------------------- |  | -----------------------
|                        |  | GREAT PEE DEE BANCORP, INC.
|                        |  |                            
|Date: February 11, 2005 |  | By:                         |  | /s/ Herbert W. Watts   
|                        |  |                             |  | Herbert W. Watts       
|                        |  |                             |  | Chief Executive Officer
|                        |  |                            
|Date: February 11, 2005 |  | By:                         |  | /s/ John M. Digby      
|                        |  |                             |  | John M. Digby          
|                        |  |                             |  | Chief Financial Officer



A signed original of this written
statement required by Section 906 has been provided to Great Pee Dee Bancorp, Inc. and will be retained by Great Pee Dee Bancorp, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
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 quarterly report of The Newark Group, Inc. (the Company) on Form
10-Q for the quarter ended July 31, 2008 filed with the Securities and Exchange Commission (the Report), I, Robert H. Mullen, 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:



|(1) | The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and
|--- | ------------------------------------------------------------------------------------------------------------

(2) The information contained in the Report fairly presents, in all material respects, the consolidated financial condition of the Company as of the dates presented and
consolidated results of operations of the Company for the periods presented.

Dated: September 12, 2008



/s/ Robert H. MullenRobert H. MullenChief Executive Officer


This certification has been furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
and is not being filed as part of the Form 10-Q or as a separate disclosure statement.

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.
[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Notices]
[Page 6378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2724]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER10-395-000, ER10-409-000, ER10-410-000]


Covanta Pylmouth Renewable Energy Limited Partnership Covanta 
Energy Marketing LLC Covanta Power, LLC; Notice of Filing

February 2, 2010.
    Take notice that, on February 1, 2010, Covanta Pylmouth Renewable 
Energy Limited Partnership, Covanta Energy Marketing LLC, and Covanta 
Power, LLC filed to supplement their filing in the above captioned 
docket with information required under the Commission's regulations. 
Such filing served to reset the filing date in these proceedings.
    Any person desiring to intervene or to protest this filing must 
file in accordance with Rules 211 and 214 of the Commission's Rules of 
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be 
considered by the Commission in determining the appropriate action to 
be taken, but will not serve to make protestants parties to the 
proceeding. Any person wishing to become a party must file a notice of 
intervention or motion to intervene, as appropriate. Such notices, 
motions, or protests must be filed on or before the comment date. 
Anyone filing a motion to intervene or protest must serve a copy of 
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and 
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an 
original and 14 copies of the protest or intervention to the Federal 
Energy Regulatory Commission, 888 First Street, NE., Washington, DC 
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the 
``eLibrary'' link and is available for review in the Commission's 
Public Reference Room in Washington, DC. There is an ``eSubscription'' 
link on the Web site that enables subscribers to receive e-mail 
notification when a document is added to a subscribed docket(s). For 
assistance with any FERC Online service, please e-mail 
<a href="/cdn-cgi/l/email-protection#a0e6e5f2e3efceccc9cec5f3d5d0d0cfd2d4e0c6c5d2c38ec7cfd6"><span class="__cf_email__" data-cfemail="c0868592838faeaca9aea593b5b0b0afb2b480a6a5b2a3eea7afb6">[email protected]</span></a>, or call (866) 208-3676 (toll free). For 
TTY, call (202) 502-8659.
    Comment Date: 5 p.m. Eastern Time on February 22, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-2724 Filed 2-8-10; 8:45 am]
BILLING CODE 6717-01-P


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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

IN RE: Bard IVC Filters Products Liability 

Litigation, 

This Order relates to case: 

Bruce Reynolds and Dovey McWhorter v. 

Bard Peripheral Vascular, Inc. 

Case No. CV17-2354 PHX DGC 

No. MDL 15-02641-PHX DGC 

ORDER 

Pending before the Court is Plaintiff Bruce Reynolds’ motion to substitute. 

Doc. 9698. Counsel for Plaintiff Bruce Reynolds filed a notice of suggestion of death on 

January 17, 2018. 

IT IS ORDERED that Plaintiff’s motion to substitute (Doc. 9698) is granted. 

Dovey McWhorter shall be substituted for Bruce Reynolds in Case No. CV17-2354 PHX 

DGC. 

Dated this 24th day of January, 2018. 

Case 2:15-md-02641-DGC Document 9777 Filed 01/25/18 Page 1 of 1
#### William H. Haynes *v.*A. Ditto.

Judicial Sale — Premature Decree — Interest to Be Sold Must Be Defined — Perfect Title to Purchaser.

A chancellor should never subject land to danger of a sacrifice by selling an uncertain interest, but should always have the interest so defined as to be able to pass to the purchaser a perfect title.

APPEAL FROM MEADE CIRCUIT COURT.

January 21, 1868.

Opinion of the Court by

Judge Robertson:

The admitted assumpsit by the appellant, W. W. Haynes, being an undertaking to pay his own debt is not within the range of the statute of frauds and perjuries, and is, therefore, enforcible without writing.

Moreover, acocrding to the vague pleadings, the vendor *Nichols*bad a right to bold the legal title until bis obligors or their assignee paid the notes, and, whatever interest W. W. Haynes may have acquired in the land, it is subsequent and subordinate to that lien, and be cannot obtain the title or prevent an enforcement of the lien for the purchase money unless it shall be paid.

There is, therefore, an apparent right to sell the land for satisfying the debt on it. But the decree for a sale was premature and improvident. A chancellor should never subject land to danger of sacrifice by selling an uncertain interest, but always ought to have the interest ascertained and defined, and be able to pass to the purchaser a perfect title and not leave him to future litigation for perfecting it. W. W. Haynes having denied that a good title could be made, the litigation on that question ought to have been settled before a sale, and not left, as it is by the decree, for ulterior consideration and adjustment after the sale. The decree in this respect was erroneous, and, for this cause alone, must be reversed.

*585Cofer, *for appellant.*

*Walker, for appellee.*

Wherefore, the judgment is reversed, and the canse remanded for further proceeding.
##### 



EXHIBIT 32.1
 STATEMENT FURNISHED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION 1350
   (A)
    
    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(a) or 78o(d)) and(B)
    
    the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the Company
as of the dates and for the periods covered by the Report.
   April 30, 2007
    
    
    
    /s/ George C. PlattDate
    
    
    
    George C. PlattChief Executive Officer




---



##### 



EXHIBIT 32.1
 STATEMENT FURNISHED PURSUANT TO SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002, 18 U.S.C. SECTION 1350
   (A)
    
    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(a) or 78o(d)) and(B)
    
    the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the Company
as of the dates and for the periods covered by the Report.
   April 30, 2007
    
    
    
    /s/ Laurie L. LathamDate
    
    
    
    Laurie L. LathamChief Financial Officer
**Exhibit 31.1****CERTIFICATION**     I, Anthony DiSandro, Chief Executive Officer of PSB Bancorp, Inc., certify that:     1. I have reviewed this quarterly report on Form 10-Q of PSB Bancorp, Inc.;     2. Based on my knowledge, this report does not contain any untrue statement of a materialfact or omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;     3. Based on my knowledge, the financial statements, and other financial information includedin this report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in this report;     4. The registrant’s other certifying officer(s) and I am responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e) and we have:     (a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, is madeknown to us by others within those entities, particularly during the period in which thisreport is being prepared;     (b) Evaluated the effectiveness of the registrant’s disclosure controls and proceduresand presented in this report our conclusions about the effectiveness of the disclosurecontrols and procedures, as of the end of the period covered by this report based on suchevaluation; and     (c) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter (theregistrant’s fourth fiscal quarter in the case of an annual report) that has materiallyaffected, or is reasonable likely to materially affect, the registrant’s internal controlover financial reporting; and     5. The registrant’s other certifying officer(s) and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’s auditors andthe audit committee of registrant’s board of directors (or persons performing the equivalentfunction):     (a) All significant deficiencies and material weaknesses in the design or operation ofinternal control over financial reporting which are reasonably likely to adversely affectthe registrant’s ability to record, process, summarize and report financial information; and     (b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financial reporting.Date: November 14, 2005         /s/ Anthony DiSandro   Anthony DiSandro   Chief Executive Officer  
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