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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

BANK OF NEW YORK MELLON, 

Plaintiff-Appellee, 

 v. 

T-SHACK, INC., 

Defendant-Appellant, 

and 

BLACKHORSE HOMEOWNERS 

ASSOCIATION, 

Defendant.

No. 20-15228 

D.C. No. 

2:15-cv-02241-APG-BNW 

MEMORANDUM*

Appeal from the United States District Court

for the District of Nevada

Andrew P. Gordon, District Judge, Presiding

Submitted November 17, 2020**

Pasadena, California

Before: RAWLINSON, HUNSAKER, and VANDYKE, Circuit Judges.

T-Shack, Inc. appeals the district court’s order granting summary judgment to 

* 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

NOV 24 2020

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 

Bank of New York Mellon (BNYM), finding that BNYM’s predecessor preserved 

its deed of trust by tendering the superpriority amount prior to the Blackhorse 

Homeowners Association’s (HOA) foreclosure sale of a residential property. We 

have jurisdiction pursuant to 28 U.S.C. § 1291, we review the summary judgment 

order de novo, Badgley v. United States, 957 F.3d 969, 974 (9th Cir. 2020), and we 

affirm. 

BNYM sufficiently established that before the foreclosure sale, it tendered a 

$1,654.30 check to the HOA’s foreclosure agent, Nevada Association Services, Inc., 

which covered nine months of unpaid HOA assessments and reasonable collection 

costs.1 T-Shack neither contested nor responded to this evidence below, and we 

decline to consider arguments raised for the first time on appeal. See Ramirez v. 

Cnty. of San Bernardino, 806 F.3d 1002, 1008–09 (9th Cir. 2015). And notably, the 

HOA conceded below that the tender satisfied the superpriority amount. By 

operation of law, therefore, the tender extinguished the HOA’s superpriority lien,

and the property remains subject to BNYM’s deed of trust. See Bank of Am., N.A. 

v. SFR Invs. Pool 1, LLC, 427 P.3d 113, 121 (Nev. 2018) (en banc), as amended on 

denial of reh’g (Nov. 13, 2018). T-Shack purchased the property subject to 

BNYM’s interest. 

1 The tender was effectuated by counsel for BNYM’s predecessor in the deed of trust, Bank of 

America. 
3 

T-Shack’s bona fide purchaser argument has been rejected by the Nevada 

Supreme Court. Id. BNYM was entitled to insist on the condition imposed in its 

tender, see Bank of Am., N.A. v. Arlington W. Twilight Homeowners Ass’n, 920 F.3d 

620, 623 (9th Cir. 2019) (“Bank of America was entitled to insist on the condition 

... that acceptance would satisfy the HOA’s superpriority lien.”), even if T-Shack 

had not forfeited its argument to the contrary by failing to raise it below. See 

Ramirez, 806 F.3d at 1008–09. 

AFFIRMED.
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4225 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 4225

  To modify the prohibition on recognition by United States courts of 
 certain rights relating to certain marks, trade names, or commercial 
                                 names.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 28, 2004

Mr. Smith of Texas (for himself, Mr. Wexler, Mr. Keller, Mr. Crane, Mr. 
Crenshaw, Mr. Hyde, Mr. Feeney, Mr. Shaw, Mr. Foley, Ms. Ros-Lehtinen, 
 Mr. Deutsch, Mr. Burton of Indiana, Ms. Ginny Brown-Waite of Florida, 
Mr. Meek of Florida, Mr. Cunningham, Mr. Payne, Mr. Green of Wisconsin, 
 Mr. Bonilla, Ms. Hart, Mr. King of Iowa, Mr. Carter, Mrs. Blackburn, 
Ms. Harris, Mr. Boyd, Mr. Hastings of Florida, Mr. Lincoln Diaz-Balart 
of Florida, Mr. Pence, Ms. Berkley, Mr. Rothman, Mr. Engel, Mr. Cannon, 
   Mr. Forbes, Mr. Mario Diaz-Balart of Florida, and Mr. Hostettler) 
 introduced the following bill; which was referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To modify the prohibition on recognition by United States courts of 
 certain rights relating to certain marks, trade names, or commercial 
                                 names.

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

SECTION 1. MODIFICATION OF PROHIBITION.

    Section 211 of the Department of Commerce and Related Agencies 
Appropriations Act, 1999 (as contained in section 101(b) of division A 
of Public Law 105-277; 112 Stat 2681-88) is amended--
            (1) in subsection (a), by striking ``by a designated 
        national'';
            (2) in subsection (b), by striking ``by a designated 
        national or its successor-in-interest'';
            (3) by redesignating subsection (d) as subsection (e);
            (4) by inserting after subsection (c) the following:
    ``(d) Subsections (a)(2) and (b) of this section shall apply only 
if the person or entity asserting the rights knew or had reason to know 
at the time when the person or entity acquired the rights asserted that 
the mark, trade name, or commercial name was the same as or 
substantially similar to a mark, trade name, or commercial name that 
was used in connection with a business or assets that were 
confiscated.''; and
            (5) in subsection (e), as so redesignated, by striking ``In 
        this section:'' and all that follows through ``(2) The term'' 
        and inserting ``In this section, the term''.
                                 <all>
```
DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

National Voluntary Laboratory Accreditation Program

ISSUE DATE:

October 26, 2021

LAB BULLETIN

NUMBER: LB-141-2021

LAP: Voting Systems 

Testing

SUBJECT: Release of NIST Handbook 150-22, 2021 Edition

NIST Handbook 150-22, which presents the technical requirements and guidance for the accreditation of 

laboratories under the NVLAP Voting Systems Testing program, has been revised, along with the 

corresponding NIST Handbook 150-22 checklist. The handbook was revised with participation from experts 

in the field of voting systems testing.

The following is a summary of the revisions contained in the 2021 edition:

• the numbering has been updated to reflect that used by ISO/IEC 17025:2017, General requirements 

for the competence of testing and calibration laboratories (hereafter referred to as ISO/IEC 17025);

• Resource requirements (clause 6), Process requirements (clause 7), and Management system 

requirements (clause 8) have been updated following the EAC’s adoption of the Voluntary Voting 

System Guidelines (VVSG) 2.0;

• all references to applicable international guides and standards have been updated;

• redundant requirements for specific equipment, certifications, records, etc., found in the various 

standards for test methods used in the program were removed.

The 2021 edition of NIST Handbook 150-22 supersedes and replaces the 2017 edition. It is available for 

downloading (PDF format) from the NVLAP website <http://www.nist.gov/nvlap> under NVLAP 

Program-Specific Handbooks. The corresponding NIST Handbook 150-22 Checklist has also been updated 

and posted on the NVLAP website under NVLAP Publications and Forms.

Questions concerning the revised handbook or requirements for accreditation should be directed to Brad 

Moore at 301-975-5740 or brad.moore@nist.gov.

NVLAP LAB BULLETIN NUMBER: LB-141-2021 PAGE: 1 of 1
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 InVivo Therapeutics Holdings Corp. (the Company) on Form 10-K/A for the period ended December 31, 2012 as filed with the Securities and Exchange
Commission on the date hereof (the Report), the undersigned officer of the Company hereby certifies, to his knowledge, 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 and results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

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.



|                          |  |                                                                                   
|------------------------- |  | ----------------------------------------------------------------------------------
|Dated: September 12, 2013 |  | /s/ Michael J. Astrue                                                             
|                          |  | Michael J. Astrue, Interim Chief Executive Officer and Principal Financial Officer
Exhibit 99.2



Certification



Pursuant to 18 U.S.C. § 1350, the undersigned officer of Mellon Financial
Corporation (the Corporation), hereby certifies that the Corporations Annual Report on Form 10-K for the year ended December 31, 2002 (the Report) fully complies with the requirements of Section 13(a) or 15(d), as
applicable, of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Corporation.



|                     
|---------------------
|Dated: March 14, 2003
|
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1996
<PERIOD-START>                             OCT-01-1995
<PERIOD-END>                               SEP-30-1996
<CASH>                                       1,065,039
<SECURITIES>                                         0
<RECEIVABLES>                               18,502,950
<ALLOWANCES>                                         0
<INVENTORY>                                 25,577,000
<CURRENT-ASSETS>                            47,246,634
<PP&E>                                      38,147,522
<DEPRECIATION>                              13,899,589
<TOTAL-ASSETS>                              79,425,255
<CURRENT-LIABILITIES>                       14,874,995
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                     5,803,870
<OTHER-SE>                                  19,653,385
<TOTAL-LIABILITY-AND-EQUITY>                79,425,255
<SALES>                                     84,680,797
<TOTAL-REVENUES>                            84,680,797
<CGS>                                       66,959,726
<TOTAL-COSTS>                               66,959,726
<OTHER-EXPENSES>                            11,273,491
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           3,044,398
<INCOME-PRETAX>                              3,614,957
<INCOME-TAX>                                 1,230,000
<INCOME-CONTINUING>                          2,384,957
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 2,384,957
<EPS-PRIMARY>                                      .50
<EPS-DILUTED>                                        0
        

</TABLE>
IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

____________________________________

)

Nowstalgic Toys, Inc., ) Case No.: 20-cv-5003

)

Plaintiff, )

v. ) Judge: Honorable Matthew F. Kennelly

)

Yiwu Huating Imp & Exp Co., Ltd., et al., )

) Magistrate: Honorable M. David Weisman

Defendants. )

____________________________________)

NOTICE OF DISMISSAL UNDER RULE 41(a)(1)

Pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, Plaintiff Nowstalgic 

Toys, Inc. (“Nowstalgic Toys” or “Plaintiff”), having reached a settlement conditioned on 

payment of restrained assets held by third-parties, hereby dismisses this action, with leave to 

reinstate within one hundred and eighty (180) days, as to the following Defendants:

Doe Seller Name Seller ID Email

6

Yiwu Hecheng Import & 

Export Co., Ltd. Hecheng-group sales@hecheng-group.com

21 Yiwu Power Import & 

Export Co., Ltd. yiwupower info@yiwupower.com

104 Lopez St A11ZV5BRMHYNWK hotseller2015@outlook.com

107 MENGXI-NA A200LVDU6JHWLU trjcudfm@outlook.com

111 Hinjery A3L0ALC3BGIRBT Pradein@Josefesle.com

117 Jiadi US AUIHUJ55LLQYP jiadiwangluoUS@outlook.com

201 koozonemall koozonemall koozones@hotmail.com

260 abcseller 556da9e99fb8ca1a0d4d9a8b abcseller@yahoo.com

261 goodtops365 556dadfaa2c01a27bd57a6c6 goodtops365@yahoo.com

265 gigibaobao 559d1d37b454f44039f3412b gigibaobao2015@yahoo.com

277 goodeals 58ba353252de36528570d132 goodeals77@outlook.com

Case: 1:20-cv-05003 Document #: 39 Filed: 01/18/21 Page 1 of 2 PageID #:1247
278 cocosplay 58bfe9a30c83f357930e854a cocosplay@outlook.com

281 pcmeal 58d236730cb628529eae3763 pcmealo@outlook.com

283 Yourwatch 58da0bc959d98d53553c828c yourswatch@outlook.com

286 mhstyle 596f2250b1a4ca3828ff05f9 mhostyle@outlook.com

295 Jianjun dai lucky 5afe89345bc05c19f9e4de6a jianjundailuc@outlook.com

301 ttBWWSTK 5b3703f648fca9250f9831a6 ttbwwstk@outlook.com

Dated this 18th of January, 2021

Respectfully submitted, 

By: /s/ Rishi Nair 

Rishi Nair 

ARDC # 6305871 

Kevin J. Keener 

ARDC # 6296898 

Keener & Associates, P.C. 

161 N. Clark Street, Suite #1600 

Chicago, IL 60601 

(312) 375-1573 

rishi.nair@keenerlegal.com 

kevin.keener@keenerlegal.com

Case: 1:20-cv-05003 Document #: 39 Filed: 01/18/21 Page 2 of 2 PageID #:1248
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AT SEPTEMBER 30, 1998 (UNAUDITED) AND THE STATEMENT OF OPERATIONS FOR THE
QUARTERLY PERIOD ENDED SEPTEMBER 30, 1998 (UNAUDITED) AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS INCLUDED AS PART OF ITS
QUARTERLY REPORT ON FORM 10-Q FOR THE PERIOD SEPTEMBER 30, 1998.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                         782,212
<SECURITIES>                                         0
<RECEIVABLES>                                  319,799
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,102,011
<PP&E>                                      14,729,410
<DEPRECIATION>                               7,554,588
<TOTAL-ASSETS>                               8,276,833
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   8,276,833
<TOTAL-LIABILITY-AND-EQUITY>                 8,276,833
<SALES>                                              0
<TOTAL-REVENUES>                             1,229,403
<CGS>                                                0
<TOTAL-COSTS>                                  705,326
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   423,269
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
C OURT OF A PPEALS FOR THE

F IRST D ISTRICT OF T EXAS AT H OUSTON

O RDER

Appellate case name: Hugo Aguilar v. The State of Texas

Appellate case number: 01

- 21

- 00680

- CR

Trial court case number: 17

- DCR

- 080285A

Trial court: 434th District Court of Fort Bend C ounty

Appellant, Hugh Aguilar, has filed a Second Motion for Extension to Fi l e Appellate

Brief. The motion is gra nted. Appellant ’ s brief is due August 8, 2022.

It is so ORDERED.

Judge’s signature:

___________ /s/ Julie Co untiss

_________ Acting individ ually

Date: July 28, 2022
<TABLE> <S> <C>

<ARTICLE>                     5
<MULTIPLIER>                                   1
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              APR-30-1998
<PERIOD-END>                                   APR-30-1998
<CASH>                                         33,634  
<SECURITIES>                                   0
<RECEIVABLES>                                  0       
<ALLOWANCES>                                   0
<INVENTORY>                                    16,000  
<CURRENT-ASSETS>                               49,634
<PP&E>                                         1,077,301
<DEPRECIATION>                                 716,965
<TOTAL-ASSETS>                                 454,006 
<CURRENT-LIABILITIES>                          293,297 
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       149,133
<OTHER-SE>                                     (1,432,131)
<TOTAL-LIABILITY-AND-EQUITY>                   454,006
<SALES>                                        41,826
<TOTAL-REVENUES>                               233,050
<CGS>                                          16,133
<TOTAL-COSTS>                                  16,133  
<OTHER-EXPENSES>                               344,807
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             128,244
<INCOME-PRETAX>                                (127,890)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (127,890)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (127,890)
<EPS-PRIMARY>                                  (.04)
<EPS-DILUTED>                                  (.04)   
        

</TABLE>
<PAGE>
 
                                                             Exhibit 10.(iii)(c)


March 27, 1997




Montgomery Ward & Co., Incorporated
Montgomery Ward Plaza
Chicago, IL  60671

Gentlemen:
 
General Electric Capital Corporation ("GE Capital") has been advised by
Montgomery Ward & Co., Incorporated ("Montgomery Ward") that Montgomery Ward
plans to enter into a Limited Waiver and First Amendment (the "Waiver and
Amendment") to the Note Purchase Agreements dated March 1, 1993 between
Montgomery Ward and the note purchasers thereunder, as amended, and the Note
Purchase Agreement dated July 11, 1995 among Montgomery Ward and the note
purchasers thereunder (the "Note Agreements") with the holders ("Noteholders")
of the notes (the "Notes") issued under the Note Agreements. The Waiver and
Amendment provides for the waiver by the Noteholders for the periods prior to
and including June 27, 1997 of compliance by Montgomery Ward with the minimum
shareholder equity and priority debt tests under the Note Agreements and
provides for the payment of a waiver fee to the Noteholders, an increase in
interest rates on the Notes, a shortening to August 29, 1997 of the maturity of
the Notes and the imposition of certain additional covenants and restrictions on
Montgomery Ward.

GE Capital hereby waives an "Event of Default" which might arise under Section 
7(a)(4) of the Program Agreement dated October 12, 1989 between GE Capital and 
Montgomery Ward, as amended, solely and exclusively by reason of the execution 
and delivery by Montgomery Ward of the Waiver and Amendment and the performance 
by Montgomery Ward of its obligations thereunder and for no other reason 
whatsoever.


GENERAL ELECTRIC CAPITAL CORPORATION


By:    
      -------------------------
Title:   
      -------------------------
<PAGE>

                                                                    Exhibit 12.1


                         KEY PRODUCTION COMPANY, INC.
        Statement of Computation of Ratios of Earnings to Fixed Charges




                                                         Six Months Ended
                                                           June 30, 1999
                                                          ----------------
Earnings:

  Pretax income                                                2,162,498
  Plus: Fixed charges excluding capitalized interest           1,312,550
                                                               ---------
                                                               3,475,048
                                                               =========

Fixed Charges:

  Interest expensed including capitalized interest             1,917,736
  Amortization of debt expenses                                    5,961
                                                               ---------
                                                               1,923,697
                                                               =========

Ratio of earnings to fixed charges                                  1.81
                                                                    ====