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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

KELIIHULUHULU, AKA Alfred Napahuelua Spinney,

Plaintiff

- Appellant,

v.
ELIZABETH ANN STRANCE; et al.,

Defendants

- Appellees. No. 16

- 16515

D.C. No. 1:16

- cv

- 00240

- DKW

RLP

MEMORANDUM *

Appeal from the United States District Court for the District of Hawaii Derrick Kahala Watson, District Judge, Presiding

Submitted May 24, 2017 **

Before: THOMAS, Chief Judg e, and SILVERMAN and RAWLINSON, Circuit Judges.

Keli i huluhulu , a.k.a. Alfred Napahuelua Spinney, appeals pro se from the

district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various

federal and state law claims. We have jurisdiction under 28 U.S.C. § 1291. We

* 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

JUN 5 2017

MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 16

- 16515

review for an abuse of discretion a dismissal for failure to comply with a court

order

. Edwards v. Marin Park, Inc. , 356 F.3d 1058, 1063 (9th Cir. 2004). We

affirm

. Because the record shows that Keliihuluhulu stood on his complaint, the

district court abused its di scretion in converting its dismissal with leave to amend

into a sanction under Federal Rule of Civil Procedure 41(b) for failing to comply

with a court order. See Edwards , 356 F.3d at 106 4

- 6 5 (dismissal under Rule 41(b)
is not appropriate where the plaint iff makes an affirmative choice not to amend the
complaint)

. Nevertheless, t he district court properly dismissed Keli i huluhulu’s action as
barred by judicial immunity

. See Duvall v. County of Kitsap , 260 F.3d 1124, 1133

(9th Cir. 2001) (judges are generally immune from suit for money damages).

Because we affirm on the basis of judicial immunity , we do not consider

Keli i huluhulu’s contention regarding the district court’s application of the Rooker

Feldman doctrine.

The distri ct court did not abuse its discretion in denying Keliihuluhulu leave

to amend his claims to the extent that they were barred by judicial immunity

because amendment would have been futile. See Reddy v. Litton Indus., Inc. , 912
F.2d 291, 296 (9th Cir. 1990) ( setting forth standard of review and explaining that

leave to amend can be denied where amendment would be futile ).3 16

- 16515

We reject as without merit Keli i huluhulu’s contentions that he is not subject

to the laws of the United States or the state of Hawaii.

W e do not consider the supplemental evidence that Keli i huluhulu has filed

because the submitted evidence was submitted for the first time on appeal

.

AFFIRMED

.
# Labor market experience, education, partner status, and health for those born 1980-1984

"The National Longitudinal Survey of Youth 1997 (NLSY97) news release presents data on the number of jobs held, labor market experience, educational attainment, partner status, and health limitations for men and women who were born during the years 1980 to 1984. For more information, see www.bls.gov/nls/."

- Americans born in the early 1980s hold an average of 9.0 jobs from ages 18 through 36
- Americans born in the early 1980s hold an average of 8.6 jobs from ages 18 through 34
- Americans born in the early 1980s hold an average of 8.2 jobs from ages 18 through 32
- Americans born in the early 1980s hold an average of 7.8 jobs from ages 18 through 30
- Young adults born in the early 1980s held an average of 7.2 jobs from ages 18 through 28
- At age 27, men were one-fourth less likely to have earned a bachelor's degree than women
- Thirty percent of women and 22 percent of men earned a bachelor's degree by age 25
- At age 24, men are a third less likely to have earned a bachelor's degree
----

Philadelphia, Pennsylvania        March 21, 2001

----

Philadelphia, Pennsylvania            March 21, 2001
CERTIFICATION
                       PURSUANT TO 18 U.S.C. SECTION 1350,
                      AS ADOPTED PURSUANT TO SECTION 302 OF
                         THE SARBANES-OXLEY ACT OF 2002

I, Bruce Caldwell, certify that:

1. I have reviewed this annual report on Form 10-KSB of EssxSport Corp.;

2.  Based on my  knowledge,  this  annual  report  does not  contain  any untrue
statement of a material fact or omit to state a material fact  necessary to make
the statements made, in light of the  circumstances  under which such statements
were made,  not  misleading  with  respect to the period  covered by this annual
report;

3.  Based  on my  knowledge,  the  financial  statements,  and  other  financial
information  included  in this annual  report,  fairly  present in all  material
respects the financial  condition,  results of operations  and cash flows of the
registrant as of, and for, the periods presented in this annual report;

4. I am responsible for  establishing  and maintaining  disclosure  controls and
procedures  (as  defined  in  Exchange  Act Rules  13a-14  and  15d-14)  for the
registrant and I have:

     a. designed such disclosure controls and procedures to ensure that material
     information   relating  to  the  registrant,   including  its  consolidated
     subsidiaries,  is  made  known  to  us by  others  within  those  entities,
     particularly  during  the  period  in which  this  annual  report  is being
     prepared;

     b. evaluated the effectiveness of the registrant's  disclosure controls and
     procedures  as of a date  within 90 days prior to the  filing  date of this
     annual report (the "Evaluation Date"); and

     c. presented in this annual report my conclusions  about the  effectiveness
     of the  disclosure  controls and  procedures  based on our evaluation as of
     this Evaluation Date;

5. I have disclosed,  based on my most recent  evaluation,  to the  registrant's
auditors and the audit committee of registrant's  board of directors (or persons
performing the equivalent function):

     a. all  significant  deficiencies  in the design or  operation  of internal
     controls which could adversely affect the  registrant's  ability to record,
     process,  summarize and report  financial data and have  identified for the
     registrant's auditors any material weaknesses in internal controls; and

     b. any fraud,  whether or not material,  that involves  management or other
     employees  who  have  a  significant  role  in  the  registrant's  internal
     controls; and

6. I have indicated in the annual report  whether or not there were  significant
changes in internal controls or in other factors that could significantly affect
internal  controls  subsequent  to the  date  of  our  most  recent  evaluation,
including any  corrective  actions with regard to significant  deficiencies  and
material weaknesses.

November 30.2003        /s/ Bruce Caldwell
                        -----------------------------
                        Bruce Caldwell
                        Chief Executive Officer
Fourth Court of Appeals

San Antonio, Texas

January 18, 2018

No. 04-17-00692-CV

COMAL AG OPERATIONS, LLC,

Appellant

v.

Justin KELLEY, Emily Kelley, Valmark Chevrolet, Federated Insurance,

Appellees

From the 2nd 25th Judicial District Court, Guadalupe County, Texas

Trial Court No. 17-0910-CV-A

Jessica Crawford, Judge Presiding

O R D E R

This is an accelerated appeal of the trial court’s September 29, 2017 order granting Justin 

Kelley and Emily Kelley’s motion to dismiss under the Texas Citizens Participation Act (TCPA). 

See TEX. CIV. PRAC. & REM. CODE ANN. § 27.003 (West 2014) (motion to dismiss). 

Appellees’ briefs were due on December 27, 2017. See TEX. R. APP. P. 38.6(b). After 

Valmark Chevrolet did not timely file an appellee’s brief, we advised Valmark that it was an 

appellee in this appeal, it had the choice to file—or not file—an appellee’s brief, but if it chose to 

file a brief, we ordered Valmark to file it by January 16, 2018. 

On January 12, 2018, Valmark filed its brief and a motion for extension of time to file the 

brief. The motion is GRANTED. Valmark’s brief is deemed timely filed.

_________________________________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 18th day of January, 2018.

___________________________________

KEITH E. HOTTLE,

Clerk of Court
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D21-3835

_____________________________

C.W., the Father of C.P., C.W., 

S.W., and C.W., Each a Minor 

Child, 

Appellant,

v.

DEPARTMENT OF CHILDREN AND 

FAMILIES,

Appellee.

_____________________________

On appeal from the Circuit Court for Duval County.

Michael Kalil, Judge.

September 16, 2022

PER CURIAM.

AFFIRMED.

KELSEY, WINOKUR, and M.K. THOMAS, JJ., concur.
2

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________

Guy V. Murray of Guy Victor Murray, P.A., Jacksonville, and 

Kevin C. Colbert, Miami, for Appellant.

Stephanie C. Zimmerman, Deputy Director & Statewide Director 

of Appeals, Children’s Legal Services, Bradenton, for Appellee; 

Sara E. Goldfarb, Statewide Director of Appeals, Appellate 

Division, Statewide Guardian ad Litem Office, Tallahassee, and 

Michael S. Roscoe of Woods Trial Law, Tampa, for Guardian ad 

Litem.
#### Marcel POP, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

No. 12-3214.

United States Court of Appeals, Seventh Circuit.

Submitted Jan. 31, 2013.*

Decided Feb. 19, 2013.

Gerardo S. Gutierrez, Attorney, Chicago, IL, for Petitioner.

Nancy E. Friedman, Attorney, Department of Justice, OIL, Attorney, Department of Justice, Washington, DC, for Respondent.

Before FRANK H. EASTERBROOK, Chief Judge, DANIEL A. MANION, Circuit Judge and MICHAEL S. KANNE, Circuit Judge.

*

 This successive appeal has been submitted to the original panel under Operating Procedure 6(b). After examining the briefs and the record, we have concluded that oral argument is unnecessary. See Fed. R.App. P. 34(a); Cir. R. 34(f).

Order

The petition for review is dismissed for want of jurisdiction. See *Anaya-Aguilar v. Holder,*683 F.3d 369 (7th Cir.2012).
Exhibit 99.2

Certification
of Chief Executive Officer underSection 906 of the Sarbanes-Oxley Act of 2002

I
hereby certify that the Annual Report on Form 10-K/A (Amendment No. 1) of OSullivan Industries, Inc.
for the fiscal year ended June 30, 2002 fully complies with the requirements of
section 13(a) or 15(d) of the Securities Exchange Act of 1934, and that the
information contained in such annual report fairly presents, in all material respects,
the financial condition and results of operations of OSullivan Industries, Inc.

|Date:   August 29, 2003 |  |  | /s/ Phillip J. Pacey     
|----------------------- |  |  | -------------------------
|                        |  |  |                          
|                        |  |  | Phillip J. Pacey         
|                        |  |  | Senior Vice President and
|                        |  |  | Chief Financial Officer  

A signed original of this written
statement required by Section 906 has been provided to OSullivan Industries, Inc.
and will be retained by OSullivan Industries, Inc. and furnished to the Securities
and Exchange Commission or its staff upon request.
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** w ith o u t o r a l ar g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T GE R AR DO GO ME Z S AL GA DO ; ES THERFR AN CO DE GO M EZ , P et i t i o n ers, v. E R I C H . H O L D E R J r ., A tto rn e yG e n e r a l, R e s p o n d e n t. N os . 06- 71665 06- 73051 A ge nc yN os . A 077- 843- 790

A 077- 843- 791 ME MOR AN DU M *

O n P e t i t i ons f

orR e vi e w of

O r de r s of

the B o a r do f I m m ig r a tio n A p p e a ls S ubm i tt e d A pr i l5, 2010 ** B e f o r e : R Y M E R , M c K E O W N , an dP A E Z , C ir c u it Ju d g e s . In these consol i dat ed pet i t i on s, G er ar do G om ez S al gado and E sther F ranco de G om e z , hus ba nd a nd w i f e a nd na t i ve s a nd c i t i z e ns of M e xi c o, pe t i t i on f

or r e vi e w of

the B oa r d of

I m m i gr a t i on A ppe a l s ’ ( “ B I A ” ) or de rde ny i ng the i rm ot i on 

# FI LED APR13 2 010 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS06- 73051 2 to r e o p e n r e m o v a l p r o c e e d in g s , an dth e irs ub s e q u e n t m o tio n to r e c o n s id e r . W e ha ve j ur i s di c t i on pur s ua ntt o 8 U . S . C . § 1252. W e r e vi e w f orabus e of

di s c r e t i on th e d e n ia l o f

am o tio n to r e o p e n an dr e c o n s id e r . Moh am m ed v. G on zales , 400 F . 3d 7 8 5 , 7 9 1 ( 9 th C i r . 2 0 0 5 ) . We d e n yth e p e t i t i o n s f o rr e v i e w. T h e B I A d idn o t ab u s e its d is c r e tio n b yd e n y in g p e titio n e r s ’ m o tio n to r e o p e n , b e c au s e th e B I A c o n s id e r e dth e e v id e n c e th e ys ub m itte da n da c te dw ith in i t s br oa d di s c r e t i on i n de t e rm i ni ng tha tthe e vi de nc e w a s i ns uf f i c i e ntt o w arr ant r e o p e n in g . Se e S i n gh v . I NS , 2 9 5 F .3 d1 0 3 7 , 1 0 3 9 (9 th C ir. 2 0 0 2 ) ( T h e B IA ’s de ni a l of am ot i on t o r e ope n s ha l l be r e ve r s e d onl yi f i ti s “ arbi tr ary , i rr a t i ona l or c o n tr a ryto law .” ) . T h e B I A w a s w ith in its d is c r e tio n in d e n y in g p e titio n e r s ’ m o tio n to r e c ons i de rbe c aus e the m ot i on f a i l e d t o i de nt i f

ya nye rr orof

f a c torl aw i n the B I A ’s p r io rd e c is io n d e n y in g th e irm o tio n to r e o p e n . See 8 C . F . R . § 1 00 3. 2(b)(1); So c o p - G o n z a lezv . I

NS , 2 7 2 F .3 d1 1 7 6 , 1 1 8 0 n .2 ( 9 th C ir . 2 0 0 1 ) ( e n b an c ) . C ons true d a s as e c ond m ot i on t o r e ope n, the B I A c orr e c t l yde t e rm i ne d tha tthe m o tio n w a s b a rr e db yth e r e g u la to rylim ita tio n s o n m o tio n s to r e o p e n . See 8 C .F .R . § 1 0 0 3 .2 ( c ) ( 2 ) . P E T I T I ON S F OR RE V I E W DE NI E D.
<PAGE>

Exhibit 32.2

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of MedQuist Inc. (the "Company") on Form
10-Q for the quarterly period ended September 30, 2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Brian
J. Kearns, Chief Financial 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) 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.

  /s/ Brian J. Kearns
-----------------------
Brian J. Kearns
Chief Financial Officer
November 5, 2003
[Federal Register Volume 74, Number 140 (Thursday, July 23, 2009)]
[Notices]
[Page 36485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17507]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket Nos. ER02-2001-012; ER07-1250-000]


Electric Quarterly Reports; PowerGrid Systems, Inc.; Notice of 
Revocation of Market-Based Rate Tariff

July 16, 2009.
    On June 22, 2009, the Commission issued an order announcing its 
intent to revoke the market-based rate authority of the above captioned 
public utility, which had failed to file its required Electric 
Quarterly Reports.\1\ The Commission provided the utility fifteen days 
in which to file its overdue Electric Quarterly Reports or face 
revocation of its market-based rate tariff.
---------------------------------------------------------------------------

    \1\ Electric Quarterly Reports, 127 FERC ] 61,290 (2009) (June 
22 Order).
---------------------------------------------------------------------------

    In Order No. 2001, the Commission revised its public utility filing 
requirements and established a requirement for public utilities, 
including power marketers, to file Electric Quarterly Reports 
summarizing the contractual terms and conditions in their agreements 
for all jurisdictional services (including market-based power sales, 
cost-based power sales, and transmission service) and providing 
transaction information (including rates) for short-term and long-term 
power sales during the most recent calendar quarter.\2\
---------------------------------------------------------------------------

    \2\ Revised Public Utility Filing Requirements, Order No. 2001, 
67 Fed. Reg. 31,043, FERC Stats. & Regs. ] 31,127, reh'g denied, 
Order No. 2001-A, 100 FERC ] 61,074, reconsideration and 
clarification denied, Order No. 2001-B, 100 FERC ] 61,342, order 
directing filings, Order No. 2001-C, 101 FERC ] 61,314 (2002), order 
directing filing, Order No. 2001-D, 102 FERC ] 61,334 (2003).
---------------------------------------------------------------------------

    In the June 22 Order, the Commission directed PowerGrid Systems, 
Inc. to file the required Electric Quarterly Reports within 15 days of 
the date of issuance of the order or face revocation of its authority 
to sell power at market-based rates and termination of its electric 
market-based rate tariff. \3\
---------------------------------------------------------------------------

    \3\ June 22 Order at Ordering Paragraph A.
---------------------------------------------------------------------------

    The time period for compliance with the June 22 Order has elapsed. 
The company identified in the June 22 Order (PowerGrid Systems, Inc.) 
has failed to file its delinquent Electric Quarterly Reports.
    The Commission hereby revokes this company's market-based rate 
authority and terminates the electric market-based rate tariff.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-17507 Filed 7-22-09; 8:45 am]
BILLING CODE 6717-01-P
Attorneys for Defendants

ACE AMERICAN INSURANCE COMPANYand ACE USA, a Non-Justiciable Party

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

MAIN STREET TITLE &

SETTLEMENT SERVICES, LLC,

Civil Action Number:

Plaintiff, 2: 10-cv-06410-JLL-CCC

-against- PROPOSED ORDER GRANTING

ACE AMERICAN INSURANCE PRO HAC VICE APPLICATICN OF

COMPANY, ACE USA (Improperly JOSEPH K. POWERSPled), JOHN & JANE DOES 1-100;

and XYZ CORPS. 1-100, XYZ LLCS.

1-100.

Defendants

THIS MATTER having been opened to the Court upon the motion of Danbi Pickett, Esq. of

Sedgwick, Detert, Moran and Arnold, attorneys for Defendant ACE American Insurance Company

(“ACE American”) and ACE USA, a Non-Justiciable Party, upon application for an order granting the

hac admission of Joseph K. Powers. Esq., pursuant to Local Civ. R. 101.1 and the Court having

considered the Declarations in support of the application which reflect that co insel satisfies therequirements set forth in Local Civ. R. lOl.1(c)(I) and the Court being advisec that the plaintiff

consents to this application and for good cause shown:

IT IS on this

day of

2011,

ORDERED that the application of Joseph K. Powers, Esq. for admission p hac vice is hereby

granted; and
IT IS FURTHER ORDERED that counsel is deemed to consent to the appointment of the Clerk

of Court as the agent upon whom service of process may be made for all actions against counsel that

may arise from counsel’s participation in this matter; and

IT IS FURTHER ORDERED that the movant shall (1) be attorney of recoid in this case in

accordance with Local Civ. R. 101.1(c); (2) be served all papers in this action and such service shall be

deemed sufficient service upon counsel; (3) sign (or arrange for a member of the firm admitted to

practice in New Jersey to sign) all pleadings, briefs and other papers submitted to this Court; and (4) beresponsible for the conduct of the cause and counsel in this matter; and

IT IS FURTHER ORDERED that counsel shall make payments to the Nev Jersey Lawyer’s

Fund for Client Protection, pursuant to N.J. Court Rule 1:28-2 in accordance with Local Civil Rule

101.1 (c)(2) for each year in which counsel represents the client in this matter; and

IT IS FURTHER ORDERED that counsel shall pay an admission fee to the Clerk of the United

States District Court for the District of New Jersey in accordance with Local Civil Ruh 101.1(c) (3).

s/Claire C. Cecchi

Hcn.ctlQv-e
# 2014

&8page &P of &N	

# 2015

&8page &P of &N	

# 2016

&8page &P of &N	

# 2017

&8page &P of &N	

# 2018

&8page &P of &N
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5268 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 5268

    To amend title 49, United States Code, to require the National 
  Transportation Safety Board to investigate all fatal railroad grade 
                          crossing accidents.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2004

  Mr. Peterson of Minnesota introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
    To amend title 49, United States Code, to require the National 
  Transportation Safety Board to investigate all fatal railroad grade 
                          crossing accidents.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Fatal Grade Crossing Accident 
Investigations Act''.

SEC. 2. GRADE CROSSING ACCIDENTS.

    Section 1131(a)(1)(C) of title 49, United States Code, is amended 
by inserting ``, including a railroad grade crossing accident,'' after 
``railroad accident''.
                                 <all>
```
MANAGEMENTS ASSERTION OF COMPLIANCE
  Platform i e
 Applicable Servicing Criteria
 Period
 Managements interpretation of Applicable Servicing Criteria
 Third parties classified as vendors




---



##### 



DEUTSCHE BANK NATIONAL TRUST COMPANYBy:
    /s/ Gary R. VaughanName:
    Gary R. VaughanIts: Managing DirectorBy:
    /s/ David CoName:
    David CoIts: DirectorBy:
    /s/ Matt BowenName:
    Matt BowenIts: DirectorBy:
    /s/ Kevin FischerName:
    Kevin FischerIts: DirectorBy:
    /s/ Robert FrierName:
    Robert FrierIts: DirectorDEUTSCHE BANK TRUST COMPANY AMERICASBy:
    /s/ Kevin C WeeksName:
    Kevin C WeeksIts: Managing DirectorBy:
    /s/ Jenna KaufmanName:
    Jenna KaufmanIts: Director