alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* This order and judgment is not binding precedent, except under the doctrines of

law of the case, res judicata, and collateral estoppel. This court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

** After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is therefore ordered submitted without oral argument. 

## F I L E D United States Court of Appeals Tenth Circuit 

### MAR 14 1997 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT
SYLVESTER KWAME, Plaintiff - Appellant, vs. THE CHILDREN’S HOSPITAL ASSOCIATION, a Colorado corporation, Defendant - Appellee. No. 96-1136 (D.C. No. 94-WY-2307) (D. Colo.)

ORDER AND JUDGMENT *
Before EBEL, BRORBY, and KELLY, Circuit Judges. **
Sylvester Kwame appeals from a judgment against him in his Title VII discrimination claim against The Children’s Hospital. He argues that the district court erred in instructing the jury regarding the definition of retaliation. He also moves to supplement the record on appeal with a transcript of the testimony of a witness, Rodney Coleman.- 2 -

Mr. Kwame did not preserve his appeal by making an objection below to the instruction he now challenges. Fed. R. Civ. P. 51 (“No party may assign as error the giving or the failure to give an instruction unless that party objects thereto before the jury retires to consider its verdict, stating distinctly the matter objected to and the grounds of the objection.”); Continental Trend Resources v. OXY USA , 44 F.3d 1465, 1473 (10th Cir. 1995), cert. granted and judgment vacated on other grounds , 116 S. Ct. 1843 (1996); Doc. 39 at 3 (no objection to Instruction 11, which is challenged in this appeal; no objection to the charge to the jury). Even if we permitted the requested supplementation, the record would still be insufficient for our review of the error alleged. An error in instructing the jury will result in reversal only if the appellate court finds the error to be prejudicial based upon a review of the record as a whole. Rios v. Bigler , 67 F.3d 1543, 1549 (10th Cir. 1995); King v. Unocal Corp. , 58 F.3d 586, 587 (10th Cir. 1995). The appellant bears the responsibility of providing this court with a proper record on appeal. Fed. R. App. P. 30; 10th Cir. R. 10.1; King , 58 F.3d at 587; see also Fed. R. App. P. 10. Likewise, when challenging a jury instruction, the record must include the challenged instruction. 10th Cir. R. 10.3.2(a); see also 10th Cir. R. 28.2(c). Absent a proper record, we cannot consider the point. King , 58 F.3d at 588.- 3 -

AFFIRMED. Mr. Kwame’s motion to supplement the record is DENIED. The mandate shall issue forthwith.

Entered for the Court Paul J. Kelly, Jr. Circuit Judge
[NOT FOR PUBLICATION — NOT TO BE CITED AS PRECEDENT]



# United States Court of Appeals

**For the First Circuit**

No. 00-1699 VICTOR VEGA-ENCARNACION, Plaintiff, Appellant,

v. ROBERT MATHEWS, REGIONAL DIRECTOR, FEDERAL BUREAU OF PRISONS, ET AL., Defendants, Appellees.
APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF PUERTO RICO [Hon. Juan M. Pérez-Giménez, U.S. District Judge ]
Before Torruella, Chief Judge , Campbell, Senior Circuit Judge , and Selya, Circuit Judge . David W. Roman and Brown & Ubarri on brief for appellant. Guillermo Gil , United States Attorney, Miguel A. Fernández and Camille Vélez-Rivé , Assistant United States Attorneys, on brief for appellees.
JUNE 7, 2001-3- Per Curiam . By order entered February 26, 2001, we stayed all proceedings in this fully-briefed appeal. In that order, we noted that the United States Supreme Court had granted certiorari to review the decision of the Court of Appeals for the Third Circuit in Booth v. Churner , 206 F.3d 289 (3d Cir.), cert. granted , 121 S. Ct. 377 (2000), and that "[t]he question to be considered by the Court is materially identical to that presented in the above-captioned case and will be determinative of this appeal."

The Supreme Court has now decided Booth . See Booth v. Churner , No. 99-1964, 2001 U.S. LEXIS 3982 (May 29, 2001). That opinion confirms the correctness of the district court's decision in this case. Consequently, we vacate the stay previously entered and affirm the judgment below.

So Ordered .
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 Grace 2, Inc. (the “Registrant”) on Form
10-Q for the period ended November 30, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Douglas A. Dyer,
Principal Executive Officer and the Principal Financial Officer of the
Registrant, certify, pursuant to 18 U.S.C. Section 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, as amended; 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:  January
      14, 2010
              GRACE
      2, INC.By: /s/ DOUGLAS A. DYERDouglas
      A. DyerPresident(Principal
      Executive Officer)(Principal
      Financial Officer)
[No. 32085-1-II.

Division Two.

November 1, 2005.]

#### The State of Washington, *Respondent,*v. Donald Lee Thomas, Jr., *Appellant.*

Appeal from a judgment of the Superior Court for Thurston County, No. 03-1-02402-7, Paula Casey, J., entered July 29, 2004. *Affirmed*by unpublished opinion per Hunt, J., concurred in by Houghton and Armstrong, JJ.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
This Schedule contains summary financial information extracted from the
Consolidated Balance Sheet as of September 30, 1996 and December 31, 1995 and
the Statement of Operations for the three and nine months ended September 30,
1996 and September 30, 1995 and is qualified in its entirety by reference to
such financial statments.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JUL-01-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                         453,000
<SECURITIES>                                    38,000
<RECEIVABLES>                                2,323,000
<ALLOWANCES>                                  (62,000)
<INVENTORY>                                  2,814,000
<CURRENT-ASSETS>                             5,868,000
<PP&E>                                       2,402,000
<DEPRECIATION>                               (774,000)
<TOTAL-ASSETS>                               7,757,000
<CURRENT-LIABILITIES>                        3,760,000
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       206,000
<OTHER-SE>                                  19,324,000
<TOTAL-LIABILITY-AND-EQUITY>                 7,757,000
<SALES>                                      3,772,000
<TOTAL-REVENUES>                             3,772,000
<CGS>                                        2,449,000
<TOTAL-COSTS>                                1,225,000
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              72,000
<INCOME-PRETAX>                                 26,000
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                             26,000
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    26,000
<EPS-PRIMARY>                                     0.00
<EPS-DILUTED>                                     0.00
        

</TABLE>
[Federal Register Volume 74, Number 139 (Wednesday, July 22, 2009)]
[Notices]
[Pages 36269-36270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17411]


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

DEPARTMENT OF LABOR

Employment and Training Administration


Notice of Renewal of the Native American Employment and Training 
Council (NAETC) Charter

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice of Renewal of the Native American Employment and 
Training Council (NAETC) Charter.

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

SUMMARY: Notice is hereby given of the renewal of the Workforce 
Investment Act (WIA), Section 166 Indian and Native American program 
Charter that is necessary and in the public interest. Accordingly, the 
U.S. Department of Labor (DOL), the Employment and Training 
Administration has renewed the NAETC Charter for two years and

[[Page 36270]]

has made changes to the terms of members.

SUPPLEMENTARY INFORMATION:
    Background: Pursuant to WIA Section 166(4)(C), the NAETC advises 
the Secretary on all aspects of the operation and administration of the 
Native American programs authorized under Section 166 of WIA. In 
addition, the Council advises the Secretary on matters that promote the 
employment and training needs of Indian and Native Americans, as well 
as enhance the quality of life in accordance with the Indian Self-
Determination Act and Education Assistance Act. The Council shall also 
provide guidance to the Secretary on ways for Indian, Alaska Natives, 
and Native Hawaiians to successfully access and obtain DOL 
discretionary funding and participate in special initiatives.
    The charter is required to be renewed every two years; the current 
charter expired on June 26, 2009. The NAETC recommendations and 
accomplishments have and continue to assist ETA and the Secretary to 
transform and expand the apprenticeship model. The current charter is 
being renewed with changes to the terms of members.
    Summary of Revisions: The charter is amended to state that 
``appointments shall remain effective until a replacement is designated 
by the Secretary in writing.'' However, all council members shall serve 
at the pleasure of the Secretary and members may be appointed, 
reappointed, and/or replaced, and their terms may be extended, changed, 
or terminated at the Secretary discretion.

FOR FURTHER INFORMATION CONTACT: Mrs. Evangeline M. Campbell, 
Designated Federal Officer, Office of Workforce Investment, Employment 
and Training Administration, U.S. Department of Labor, Room S-4209, 200 
Constitution Avenue, NW., Washington, DC 20210. Telephone: (202) 693-
3737, (this is not a toll-free number).

    Signed at Washington, DC this 13th day of July 2009.
Jane Oates,
Assistant Secretary, Employment and Training Administration.
[FR Doc. E9-17411 Filed 7-21-09; 8:45 am]
BILLING CODE 4510-FR-P
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 31121 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.
CARLOS GALVAN

- LOPEZ , Defendant

- Appellant

Appeal from the United States District Court for the Western District of Louisiana USDC No. 5:13

- CR

- 121

- 1

Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: *
The Federal Public Defender appointed to represent Carlos Galvan

Lopez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Galvan

- Lopez h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfriv olous

* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED May 6, 2014 Lyle W. Cayce Clerk Case: 13-31121 Document: 00512619475 Page: 1 Date Filed: 05/06/2014No. 13

- 31121

issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the
APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2.

2 Case: 13-31121 Document: 00512619475 Page: 2 Date Filed: 05/06/2014
SCPR-19-0000316

IN THE SUPREME COURT OF THE STATE OF HAWAI # I

IN RE LEE S. FRIEDMAN, Petitioner.

ORIGINAL PROCEEDING

ORDER GRANTING PETITION TO RESIGN AND SURRENDER LICENSE (By Reckt enwald, C .J., Naka yama, McK enna, Pol lack, andWilson J J.)

Upon consideration of the petition to resign and surrender his license to practice law in the State of Hawai # i filed by attorney Lee S. Friedman, pursuant to Rule 1.10 of the Rules of the Supreme Court of the State of Hawai # i (RSCH), and the affidavits submitted in support thereof, we conclude Petitioner Friedman has complied with the requirements of RSCH Rule 1.10. Therefore,

IT IS HEREBY ORDERED that the petition is granted. IT IS FURTHER ORDERED, pursuant to RSCH Rule 1.10(g), that the Petitioner shall comply with the notice, affidavit, and record requirements of RSCH Rules 2.16(a), (b), (d), and (g).

IT IS FINALLY ORDERED that the Clerk shall remove the name of Petitioner Lee S. Friedman, attorney number 2839, from the roll of attorneys of the State of Hawai # i, effective with the filing of this order.

DATED: Honolulu, Hawai # i, April 24, 2019. /s/ Mark E. Recktenwald /s/ Paula A. Nakayama /s/ Sabrina S. McKenna /s/ Richard W. Pollack /s/ Michael D. Wilson Electronically Filed Supreme Court SCPR-19-0000316 24-APR-2019 01:27 PM
J. S14005/16

 

* Former Justice specially assigned to the Superior Court.

NON-PRECEDENTIAL DECISION – SEE SUPERIOR COURT I.O.P. 65.37

COMMONWEALTH OF PENNSYLVANIA :

:

IN THE SUPERIOR COURT OF

PENNSYLVANIA

v. :

:

BRETT MARTIN PETERS, : No. 715 MDA 2015

:

 Appellant :

Appeal from the Order Entered April 8, 2015,

in the Court of Common Pleas of York County

Criminal Division at No. CP-67-CR-0003267-1996

BEFORE: FORD ELLIOTT, P.J.E., PANELLA, J., AND STEVENS, P.J.E.*

JUDGMENT ORDER BY FORD ELLIOTT, P.J.E.: FILED MARCH 08, 2016

Brett Martin Peters appeals, pro se, from the trial court’s April 8, 2015 

order denying his petition for expungement of his conviction of harassment 

from April 8, 1997. Appellant filed a notice of appeal with the trial court on 

April 21, 2015, and the trial court ordered appellant to file a concise 

statement of matters complained of on appeal pursuant to 

Pa.R.A.P. 1925(b). Appellant failed to comply with the trial court’s order, 

and as a result, his issue on appeal is waived.

As noted by the trial court, our supreme court has explicitly stated that 

a failure to produce a Rule 1925 statement will result in an appellant’s issues 

being waived on appeal.

Our jurisprudence is clear and well-settled, and 

firmly establishes that: Rule 1925(b) sets out a 

simple bright-line rule, which obligates an appellant 
J. S14005/16

- 2 -

to file and serve a Rule 1925(b) statement, when so 

ordered; any issues not raised in a Rule 1925(b) 

statement will be deemed waived; the courts lack 

the authority to countenance deviations from the 

Rule’s terms; the Rule’s provisions are not subject to 

ad hoc exceptions or selective enforcement; 

appellants and their counsel are responsible for 

complying with the Rule’s requirements; Rule 1925 

violations may be raised by the appellate court 

sua sponte, and the Rule applies notwithstanding 

an appellee’s request not to enforce it; and, if Rule 

1925 is not clear as to what is required of an 

appellant, on-the-record actions taken by the 

appellant aimed at compliance may satisfy the Rule. 

We yet again repeat the principle first stated in 

[Commonwealth v. Lord, 719 A.2d 306, 309 (Pa. 

1998)], that must be applied here: “[I]n order to 

preserve their claims for appellate review, 

[a]ppellants must comply whenever the trial court 

orders them to file a Statement of Matters 

Complained of on Appeal pursuant to Pa.R.A.P. 1925. 

Any issues not raised in a Pa.R.A.P. 1925(b) 

statement will be deemed waived.”

Commonwealth v. Hill, 16 A.3d 484, 494 (Pa. 2011).

Moreover, even if appellant had filed a Rule 1925 statement, his brief 

failed to include citations to relevant statutes or case law, and, as a result, 

his claim would have been deemed waived for the purposes of appeal. 

Pa.R.A.P. 2119(b-c). See also Commonwealth v. Janda, 14 A.3d 147, 

164 (Pa.Super. 2011); Commonwealth v. Natividad, 938 A.2d 310, 340 

(Pa. 2007).

Appeal dismissed.
J. S14005/16

- 3 -

Judgment Entered.

Joseph D. Seletyn, Esq.

Prothonotary

Date: 3/8/2016
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-END>                               SEP-30-1998
<CASH>                                       3,914,995
<SECURITIES>                                         0
<RECEIVABLES>                                3,701,632
<ALLOWANCES>                                  (186,343)
<INVENTORY>                                  4,607,147
<CURRENT-ASSETS>                            12,307,875
<PP&E>                                       2,346,267
<DEPRECIATION>                               (804,959)
<TOTAL-ASSETS>                              16,279,546
<CURRENT-LIABILITIES>                        4,467,828
<BONDS>                                        714,732
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          1
<COMMON>                                           340
<OTHER-SE>                                  10,418,420
<TOTAL-LIABILITY-AND-EQUITY>                16,279,546
<SALES>                                     26,935,777
<TOTAL-REVENUES>                            26,935,777
<CGS>                                       21,175,500
<TOTAL-COSTS>                                6,336,827
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              94,029
<INCOME-PRETAX>                               (553,387)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                           (357,488)
<DISCONTINUED>                                (195,899)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (553,387)
<EPS-PRIMARY>                                     (.16)
<EPS-DILUTED>                                        0
        



</TABLE>
Exhibit 32.1

CERTIFICATION

PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(SUBSECTIONS (A) AND (B) OF SECTION 1350, CHAPTER 63 OF

TITLE 18, UNITED STATES CODE)

Pursuant to section 906 of the Sarbanes-Oxley Act of 2002
(subsections (a) and (b) of section 1350, chapter 63 of title 18, United States Code), each of the undersigned officers of Oceanaut, a Marshall Islands corporation (the Company), does hereby certify, to such officers
knowledge, that:

The Form 10-Q for the quarter ended March 31, 2007 (the Form 10-Q) of the Company fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and the information contained in the Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                   |  |  |  |     |  |                           |  |                                                                   
|------------------ |  |  |  | --- |  | ------------------------- |  | ------------------------------------------------------------------
|                   |  |  |  |     |  | OCEANAUT, INC.           
|                   |  |  | 
|Date: May 15, 2007 |  |  |  | By: |  | /s/ Christopher Georgakis
|                   |  |  |  |     |  |                           |  | Christopher Georgakis                                             
|                   |  |  |  |     |  |                           |  | President and Chief Executive Officer (Principal Executive Office)



|                   |  |  |  |     |  |                                          |  |                                                                                                            
|------------------ |  |  |  | --- |  | ---------------------------------------- |  | -----------------------------------------------------------------------------------------------------------
|                   |  |  |  |     |  | OCEANAUT, INC.                          
|                   |  |  | 
|Date: May 15, 2007 |  |  |  | By: |  | /s/ Eleftherios (Lefteris) A. Papatrifon
|                   |  |  |  |     |  |                                          |  | Eleftherios (Lefteris) A. Papatrifon                                                                       
|                   |  |  |  |     |  |                                          |  | Chief Financial Officer, Chief Accounting Officer and Treasurer(Principal Financial and Accounting Officer)

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.
Exhibit 32(i)

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/ Randy P. Helton                
|                     |  | Randy P. Helton                    
|                     |  | President & Chief Executive Officer
# 16SUMM1_00

# image1.png
**EXHIBIT 8.1**

**SUBSIDIARIES OF HAVAS**

 

| **Subsidiary of Havas******    | **Jurisdiction of Formation****** |
|--------------------------------|-----------------------------------|
|                           |                              |
| HAVAS INTERNATIONAL S.A.       | FRANCE                            |
|                           |                              |
| HAVAS NORTH AMERICA, INC.      | U.S.                              |
|                           |                              |
| SNYDER COMMUNICATIONS, INC.    | U.S.                              |
|                           |                              |
| ARNOLD WORLDWIDE PARTNERS, LLC | U.S.                              |
|                           |                              |
| EURO RSCG WORLDWIDE, INC.      | U.S.                              |

----