alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to Local Rule 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.

UNITED STATES COURT OF APPEALS

For the Fifth Circuit

No. 96-30072

CANAL INDEMNITY COMPANY,

Plaintiff - Counter Defendant - Appellee,

VERSUS

WILBURN CONTAINER X-PRESS INCORPORATED; ET AL.,

Defendants, .

FLEXI-VAN LEASING, INC.

Defendant - Counter Claimant - Appellant

Appeal from the United States District Court

For the Middle District of Louisiana

(D. Ct. No.94-CV-911)

July 26, 1996

Before SMITH, BENAVIDES and DENNIS, Circuit Judges.

PER CURIAM:*

Appellant-defendant-counter claimant Flexi-Van Leasing, Inc.

appeals the district court’s ruling denying its motion for new

trial and/or for reconsideration and dismissing the counterclaim

without prejudice on December 19, 1995. The district court had
2

previously issued an order dismissing without prejudice the

declaratory action of plaintiff-appellee, Canal Indemnity Company,

on July 24, 1995.

District courts’ decisions about the propriety of hearing

declaratory judgment actions, which are necessarily bound up with

their decisions about the propriety of granting declaratory relief,

should be reviewed for abuse of discretion. Wilton v. Seven Falls

Co., 115 S.Ct. 2137 (1995), affirming Wilton v. Seven Falls Co., 41

F.3d 934, 935 (5th Cir. 1994) (citing Torch, Inc. v. LeBlanc, 947

F.2d 193, 194 (5th Cir. 1991)). It is more consistent with the

Declaratory Judgment Act to vest district courts with discretion in

the first instance, because facts bearing on the declaratory

judgment remedy’s usefulness, and the case’s fitness for

resolution, are particularly within their grasp. 115 S.Ct. at 2144.

Consequently, district courts’ decisions to stay or dismiss

counterclaims filed in response to a dismissed declaratory judgment

action are matters within the sound exercise of their discretion

and are also reviewable for abuse of that discretion. 

Under the circumstances, we conclude that the district court

acted within the bounds of its discretion in dismissing without

prejudice Flexi-Van’s state law counterclaim, which arises out of

the same occurrence that formed the subject matter of the

declaratory judgment action, and which may be presented for

ventilation in parallel proceedings in state court. Thus, the
3

district court’s order dismissing Flexi-Van’s counterclaim without

prejudice and denying its motion on December 19, 1995 is AFFIRMED.
Exhibit 10.3


 




	
  

  	
  2013 Incentive
  Compensation Plan Effective January 1, 2013 Personal and Confidential
  Employee Philip J. Bryan Estimated 2012 Salary 164,500 $ Title SVP/CLO
  Estimated 2012 Target 11% 18,095 $ Thresholds Maintain CAMELS rating at one
  of the two highest ratings Maintain an Asset Quality rating of
  "Satisfactory" or better Maintain Loan Quality Control rating at
  "Satisfactory" or better Goal #1: Achieve ROA Annual Payout Target
  40% = 7,238 $ Goals Payout 95% of Budget 2,389 $ At Budget 4,777 $ 106% of
  Budget 7,238 $ Stretch Goal Every .04% over 106% of Budget 2,389 $ Goal #2:
  Increase Net Mortgage Banking Income Annual Payout Target 20% = 3,619 $ Goals
  Payout 95% of Budget 1,194 $ At Budget 2,389 $ 110% of Budget 3,619 $ Stretch
  Goal Every $204,990 over 110% of Budget 1,194 $ Goal #3: Increase in
  Commercial Loan Balances Annual Payout Target 20% = 3,619 $ Goals Payout 95%
  of Budget 1,194 $ At Budget 2,389 $ 110% of Budget 3,619 $ Stretch Goal Every
  $1.8M over 110% of Budget 1,194 $ Goal #4: Core Interest Rate Spread Annual
  Payout Target 20% = 3,619 $ Goals Payout 97% of Budget 1,194 $ At Budget
  2,389 $ 103% of Budget 3,619 $ Stretch Goal Every .13% over 103% of Budget
  1,194 $ NOTES: Bonus targets are based on Georgetown Bancorp Inc. 2013
  budget. All dollar figures are based on estimates of annualized salary.
  Incentive payments are based on the employee's actual base compensation for
  the fiscal year, which includes straight time pay, vacation, holiday,
  personal, sick and jury duty pay. Overtime and other payments including
  previous year's bonus payout will be excluded from the calculation. To be
  eligible for the Incentive Compensation, the employee must be actively
  employed, performIng at a level of "satisfactory" or above, and not
  be on a written warning at the time of the incentive payment. The Bank shall
  have the right to rescind and recoup or "clawback" incentive
  payments paid under this plan if the Compensation Committee concludes that
  such awards were paid out based on information that is later found to be
  materially incorrect, including payments that were determined, in whole or in
  part, on financial statement information that is subsequently restated.
NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

AMERICAN GENERAL LIFE 

INSURANCE COMPANY,

Plaintiff,

v.

LIZZI BERGER, THE LIZZI BERGER 2008 

FAMILY LIFE INSURANCE TRUST, 

MARK BERGER, as Trustee of the Lizzi 

Berger 2008 Family Life Insurance Trust, 

ABRAHAM STERN, and JOHN DOES 1-10,

Defendant.

:

:

:

: ORDER

:

: Civ. No. 10-3377 (WHW)

:

:

:

:

:

:

:

:

:

:

Walls, Senior District Judge

It is, on this 4th day of October, 2010:

ORDERED that, in order to facilitate further discussions between Plaintiff American 

General Life Insurance Company (“American General”) and defendant The Lizzi Berger 2008 

Family Life Insurance Trust (“the Trust”) as to some or all of the issues presented by way of the

motion, the time within which American General may oppose the Trust’s Motion to Dismiss is 

hereby extended for a period of two weeks, from October 4, 2010 until and including October 

18, 2010. Defendant’s reply, if any, will be due on October 25, 2010.

Case 2:10-cv-03377-WHW-MCA Document 23 Filed 10/04/10 Page 1 of 2 PageID: 262
NOT FOR PUBLICATION

s/ William H. Walls 

United States Senior District Judge

Case 2:10-cv-03377-WHW-MCA Document 23 Filed 10/04/10 Page 2 of 2 PageID: 263
Case 3:11-cv-03764-AET-DEA   Document 1   Filed 06/30/11   Page 1 of 3 PageID: 1

Case 3:11-cv-03764-AET-DEA   Document 1   Filed 06/30/11   Page 2 of 3 PageID: 2

Case 3:11-cv-03764-AET-DEA   Document 1   Filed 06/30/11   Page 3 of 3 PageID: 3
Exhibit 32(ii)

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

The
undersigned hereby certifies that, to his knowledge, (i) the Form 10-K filed by American Community Bancshares, Inc. (the Issuer) for the year ended December 31, 2007, 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.



|                     |  |                                                 
|-------------------- |  | ------------------------------------------------
|Date: March 13, 2008 |  | /s/ Dan R. Ellis, Jr.                           
|                     |  | Dan R. Ellis, Jr.                               
|                     |  | Chief Financial and Principal Accounting Officer
#### Jaime ARIAS-MALDONADO, Plaintiff-Appellant, v. D.K. SISTO, Warden; et al., Defendants-Appellees.

No. 12-15246.

United States Court of Appeals, Ninth Circuit.

Submitted Nov. 13, 2012.*

Filed Nov. 26, 2012.

Jaime Arias-Maldonado, Soledad, CA, pro se.

Ellen Hung, Deputy Attorney General, AGCA-Office of the California Attorney General, Sacramento, CA, for Defendants-Appellees.

Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges.

*

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

MEMORANDUM **

Jaime Arias-Maldonado, a California state prisoner, appeals pro se from the district court’s judgment in his 42 U.S.C. § 1983 action alleging that defendants violated his First and Fourteenth Amendment rights. We review de novo a district court’s summary judgment, *Toguchi v. Chung,*391 F.3d 1051, 1056 (9th Cir.2004), and dismissal under the screening provisions of 28 U.S.C. § 1915A, *Wilhelm v. Rotman,*680 F.3d 1113, 1118 (9th Cir.2012). We affirm.

The district court properly granted summary judgment on Arias-Maldonado’s Equal Protection Clause claim because Arias-Maldonado failed to raise a genuine dispute of material fact as to whether defendants acted with a racially discriminatory intent in transferring Arias-Maldonado to a prison outside California. *See United States v. Coleman,*24 F.3d 37, 38-39 (9th Cir.1994) (“ ‘[E]ven if a neutral law has a disproportionately adverse impact on a racial minority, it is unconstitutional under the Equal Protection Clause only if that impact can be traced to a discriminatory purpose.’ ” (citation omitted)).

Dismissal of Arias-Maldonado’s claim that defendants failed to respond to his emergency grievances was proper because Arias-Maldonado failed to allege an actual injury and because he has no constitutional entitlement to a specific grievance procedure. *See Silva v. DiVittorio,*658 F.3d 1090, 1102 (9th Cir.2011) (requiring plaintiffs to allege an “‘actual injury1 to court access” to state a claim for violation of the First Amendment (citation omitted)); *see also Ramirez v. Galaza,*334 F.3d 850, 860 (9th Cir.2003) (“[Ijnmates lack a separate constitutional entitlement to a specific prison grievance procedure.”).

The district court did not abuse its discretion in denying Arias-Maldonado leave to file a third amended complaint to assert a claim alleging that defendants violated his Eighth Amendment rights by transferring him out-of-state without proper medical screening. *See AmerisourceBergen Corp. v. Dialysist West, Inc.,*465 F.3d 946, *68795B (9th Cir.2006) (concluding that a fifteen month delay between obtaining the relevant facts and seeking leave to amend is unreasonable). Thus, we decline to address the merits of this claim on appeal. *See Crawford v. Lungren,*96 F.3d 380, 389 n. 6 (9th Cir.1996) (declining to address claims not raised in the complaint).

Arias-Maldonado’s motion to file a substitute reply brief is granted. The Clerk shall file the reply brief received on September 13, 2012.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
[Federal Register Volume 74, Number 16 (Tuesday, January 27, 2009)]
[Notices]
[Page 4757]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1683]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Substance Abuse and Mental Health Services Administration


Center for Substance Abuse Prevention; Notice of Meeting

    Pursuant to Public Law 92-463, notice is hereby given of the 
meeting of the Center for Substance Abuse Prevention's (CSAP) National 
Advisory Council on February 10, 2009.
    The meeting is open and will include discussion of the Center's 
policy issues, and current administrative, legislative and program 
developments.
    Attendance by the public will be limited to space available. Public 
comments are welcome. Please communicate with the CSAP Council's 
Designated Federal Official, Ms. Tia Haynes (see contact information 
below), to make arrangements to attend, comment or to request special 
accommodations for persons with disabilities.
    Substantive program information, a summary of the meeting, and a 
roster of Council members may be obtained as soon as possible after the 
meeting, either by accessing the SAMHSA Committee Web site, https://nac.samhsa.gov/CSAPcouncil/index.aspx, or by contacting Ms. Haynes. The 
transcript for the open session will also be available on the SAMHSA 
Council Web site within three weeks after the meeting.
    Committee Name: Substance Abuse and Mental Health Services 
Administration, Center for Substance Abuse Prevention National Advisory 
Council.
    Date/Time/Type: February 10, 2009. From 1 p.m.-5 p.m.: Open.
    Place: Gaylord Convention Center, 201 Waterfront Street, National 
Harbor Room-4 & 5, National Harbor, MD 20745.
    Contact: Tia Haynes, Designated Federal Official, SAMHSA/CSAP 
National Advisory Council, 1 Choke Cherry Road, Room 4-1066, Rockville, 
MD 20857, Telephone: (240) 276-2436, FAX: (240) 276-2430, E-mail: 
<a href="/cdn-cgi/l/email-protection#6f1b060e41070e16010a1c2f1c0e02071c0e4107071c41080019"><span class="__cf_email__" data-cfemail="691d000847010810070c1a291a0804011a084701011a470e061f">[email protected]</span></a>.

Toian Vaughn,
Committee Management Officer, Substance Abuse and Mental Health, 
Services Administration.
 [FR Doc. E9-1683 Filed 1-26-09; 8:45 am]
BILLING CODE 4162-20-P


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</html>
EXHIBIT
      14.1









SBD
      code
      of Ethics






We,
      as
      management and employees of SiteWorks Building and Development Co, (SBD) in
      recognition of the importance of our technologies in affecting the quality
      of
      life throughout the world, and in accepting a personal obligation to our
      profession, its members and the communities we serve, do hereby commit ourselves
      to the highest ethical and professional conduct and agree:




1.
      to
      accept responsibility in making engineering decisions consistent with the
      safety, health and welfare of the public, and to disclose promptly factors
      that
      might endanger the public or the environment;




2.
      to
      avoid real or perceived conflicts of interest whenever possible, and to disclose
      them to affected parties when they do exist;




3.
      to be
      honest and realistic in stating claims or estimates based on available data;




4.
      to
      reject bribery in all its forms;




5.
      to
      improve the understanding of technology, its appropriate application, and
      potential consequences;




6.
      to
      maintain and improve our technical competence and to undertake technological
      tasks for others only if qualified by training or experience, or after full
      disclosure of pertinent limitations;




7.
      to
      seek, accept, and offer honest criticism of technical work, to acknowledge
      and
      correct errors, and to credit properly the contributions of others;




8.
      to
      treat fairly all persons regardless of such factors as race, religion, gender,
      disability, age, or national origin;




9.
      to
      avoid injuring others, their property, reputation, or employment by false or
      malicious action;




10.
      to
      assist colleagues and co-workers in their professional development and to
      support them in following this code of ethics.




Agreed
      to
      By the Board of Directors,




SiteWorks
      Building & Development Co.,
Exhibit 32.2

                    CERTIFICATIONS PURSUANT TO SECTION 906 OF
             THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. SECTION 1350)

In connection with the Quarterly Report of DoMark International, Inc. (the
"Company") on Form 10-Q for the period ending November 30, 2008 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I, R.
Thomas Kidd, Principle Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 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, as amended; and

     (2)  The information contained in the Report fairly presents, in all
          material respects, the financial condition and result of operations of
          the Company.

                                           DoMark International, Inc.
                                                  Registrant

Date: January 20, 2009                     By: /s/ R. Thomas Kidd
                                               ---------------------------------
                                               R. Thomas Kidd
                                               Chairman, Chief Executive Officer
                                               (Principle Executive Officer,
                                               Principle Financial Officer)
Exhibit 32.2



Certification of the Chief Financial Officer
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 Vampt America, Inc. (the
“Registrant”) on Form 10-Q for the period ended June 30, 2012 as filed with the Securities and Exchange Commission
(the “Report”), I, Darren Battersby, certify pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to my knowledge:



| | 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 Registrant.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|Dated: August 20, 2012 |                        
|---------------------- | -----------------------
|                       |                        
|By:                    | /s/ Darren Battersby   
|                       | Darren Battersby       
|                       | Chief Financial Officer
[Federal Register Volume 74, Number 135 (Thursday, July 16, 2009)]
[Notices]
[Page 34594]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16915]


=======================================================================
-----------------------------------------------------------------------

NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES


National Endowment for the Arts; Arts Advisory Panel

    Pursuant to Section 10(a)(2) of the Federal Advisory Committee Act 
(Pub. L. 92-463), as amended, notice is hereby given that two meetings 
of the Arts Advisory Panel to the National Council on the Arts will be 
held at the Nancy Hanks Center, 1100 Pennsylvania Avenue, NW., 
Washington, DC, 20506 as follows (ending times are approximate):
    Literature (application review): August 5-6, 2009 in Room 714. This 
meeting, from 9 a.m. to 6:30 p.m. on August 5th and from 9 a.m. to 6 
p.m. on August 6th, will be closed.
    Literature (application review): August 7, 2009 in Room 714. This 
meeting, from 9 a.m. to 5 p.m., will be closed.
    The closed portions of meetings are for the purpose of Panel 
review, discussion, evaluation, and recommendations on financial 
assistance under the National Foundation on the Arts and the Humanities 
Act of 1965, as amended, including information given in confidence to 
the agency. In accordance with the determination of the Chairman of 
February 28, 2008, these sessions will be closed to the public pursuant 
to subsection (c)(6) of section 552b of Title 5, United States Code.
    Further information with reference to these meetings can be 
obtained from Ms. Kathy Plowitz-Worden, Office of Guidelines & Panel 
Operations, National Endowment for the Arts, Washington, DC, 20506, or 
call 202/682-5691.

    Dated: July 13, 2009.
Kathy Plowitz-Worden,
Panel Coordinator, Panel Operations, National Endowment for the Arts.
[FR Doc. E9-16915 Filed 7-15-09; 8:45 am]
BILLING CODE 7537-01-P
[Federal Register Volume 74, Number 136 (Friday, July 17, 2009)]
[Notices]
[Page 34765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17046]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Cancer Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Cancer Institute Special Emphasis 
Panel; AIDS P01.
    Date: August 12, 2009.
    Time: 9 a.m. to 12:01 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, 6116 Executive Boulevard, 
Rm 8121, Rockville, MD 20852, (Telephone Conference Call)
    Contact Person: Olivia Bartlett, PhD, Chief, Research Programs 
Review Branch, Division of Extramural Activities, National Cancer 
Institute, NIH, 6116 Executive Blvd., Room 8121, Bethesda, MD 20892-
7405, 301/594-2501, <a href="/cdn-cgi/l/email-protection#670817551327090e0f49000811"><span class="__cf_email__" data-cfemail="8fe0ffbdfbcfe1e6e7a1e8e0f9">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.392, 
Cancer Construction; 93.393, Cancer Cause and Prevention Research; 
93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer 
Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer 
Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer 
Control, National Institutes of Health, HHS)

    Dated: July 10, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-17046 Filed 7-16-09; 8:45 am]
BILLING CODE 4140-01-P


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</html>
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY

*

*

* CRIM. NO.

*

*

*

*****

ORDER REGARDING USE OF VIDEO CONFERENCING/TELECONFERENCING

In accordance with Standing Order 2020-06, this Court finds: 

That the Defendant (or the Juvenile) has consented to the use of video 

teleconferencing/teleconferencing to conduct the proceeding(s) held today, after consultation 

with counsel; and

The proceeding(s) held on this date may be conducted by: 

Video Teleconferencing

Teleconferencing, because video teleconferencing is not reasonably available for the 

following reason: 

The Defendant (or the Juvenile) is detained at a facility lacking video 

teleconferencing capability.

Other:

Date:

United States Magistrate Judge

7/28/2021 

nited StatesMagistrate Ju

UNITED STATES

v.

VLADE STOJCHEVSKI

10-cr-00430-ZNQ

✔

✔

Honorable Douglas E. Arpert

Case 3:10-cr-00430-ZNQ Document 62 Filed 07/20/21 Page 1 of 1 PageID: 123
Case 2:11-cr-00286-SRC Document 97 Filed 04/27/11 Page 1 of 3 PageID: 76
Case 2:11-cr-00286-SRC Document 97 Filed 04/27/11 Page 2 of 3 PageID: 77
Case 2:11-cr-00286-SRC Document 97 Filed 04/27/11 Page 3 of 3 PageID: 78