alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2). Accordingly, Appellant’s

request for oral argument is denied.

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

BRENT STEVEN SHERMAN, SR.,

 Plaintiff - Appellant,

 v.

UNITED STATES OF AMERICA; et al.,

 Defendants - Appellees.

No. 07-35540

D.C. No. CV-06-01780-PA

MEMORANDUM *

Appeal from the United States District Court

for the District of Oregon

Owen M. Panner, District Judge, Presiding

Submitted April 5, 2010** 

Before: RYMER, McKEOWN, and PAEZ, Circuit Judges.

Brent Steven Sherman, Sr., a former federal prisoner, appeals pro se from

the district court’s judgment dismissing his action alleging constitutional violations

FILED

APR 20 2010

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 07-35540

in connection with the revocation of his parole. We have jurisdiction under

28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. § 1915(e)(2),

Huftile v. Miccio-Fonseca, 410 F.3d 1136, 1138 (9th Cir. 2005), and we affirm.

The district court properly dismissed the claims against the government

defendants under the doctrine of issue preclusion because Sherman seeks to litigate

issues identical to ones previously litigated and decided in his federal habeas case,

Sherman v. Reilly, No. 07-35337, 2010 WL 55609 (9th Cir. Jan. 7, 2010)

(unpublished mem.). See Hawkins v. Risley, 984 F.2d 321, 323-25 (9th Cir. 1993)

(per curiam) (concluding that plaintiff was precluded from relitigating claims in

civil rights action that were previously litigated and decided in his federal habeas

case); Reyn’s Pasta Bella, LLC v. Visa USA, Inc., 442 F.3d 741, 746 (9th Cir.

2006) (listing elements of issue preclusion).

The district court properly dismissed the claims against the private

defendants because Sherman’s conclusory allegations are insufficient to show that

these defendants conspired with the government defendants or acted under color of

law. See Simmons v. Sacramento County Superior Court, 318 F.3d 1156, 1161

(9th Cir. 2003) (affirming dismissal of civil rights claim against private defendant

where there were only conclusory allegations of conspiracy with government

officials); see also Dietrich v. John Ascuaga’s Nugget, 548 F.3d 892, 900 (9th Cir.
3 07-35540

2008) (stating that complaints to the police do not convert private parties into

government actors).

Appellee Ebersole’s motion for leave to appear is granted. The clerk shall

file the answering brief received on November 26, 2007.

AFFIRMED.
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 Kronos Advanced Technologies, Inc. (the
"Company") on Form 10-KSB for the year ended June 30, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), each of
the undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to his 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 operation of the Company.

A signed original of this written statement required by Section 906, or other
document authentications, acknowledging, or otherwise adopting the signature
that appears in typed form within the electronic version of this written
statement required by Section 906, has been provided to Kronos Advanced
Technologies, Inc. and will be retained by Kronos Advanced Technologies, Inc.
and furnished to the Securities and Exchange Commission or its staff upon
request.





/s/ Daniel R. Dwight
--------------------------------------
Daniel R. Dwight
President and Chief Executive Officer


/s/ Daniel R. Dwight
--------------------------------------
Daniel R. Dwight
Acting Chief Financial Officer
DubLi-compensationwaiverMichaelHansen




COMPENSATION WAIVER
This Compensation Waiver (the “Waiver“), dated as of February 27, 2013, is made by Michael Hansen (“Hansen“) in his capacity as CEO of DubLi, Inc. and accepted by DubLi, Inc., a Nevada incorporation (the “Company“), together referred as the “Parties”,
WHEREAS, pursuant to the non-qualified stock option agreement between the Parties of May 14, 2011 (the “Option Agreement”), the company had agreed to grant a stock option to Hansen of up to 25,000,000 shares of the Company vesting 5,000,000 each on December 31, 2011/ 2012/ 2013/ 2014 and 2015 of which 10,000,000 have already vested.
WHEREAS, the parties signed a restricted stock award agreement on February 27, 2013 (the “Restricted Stock Agreement”) meant to replace the existing Option Agreement.
NOW THEREFORE,
		
	(I)
	Hansen hereby irrevocably waives his right and entitlement to the full amount of unvested stock options as agreed in the Option Agreement (a total of 15,000,000 unvested options)


		
	(II)
	The employment agreement between the parties shall remain in full force and effect (subject to this Waiver) and nothing herein is intended to operate as an amendment of the terms of the employment agreement between the parties.


		
	(III)
	The Restricted Stock Agreement between the parties shall remain in full force and effect and nothing herein is intended to operate as an amendment of the terms of the Restricted Stock Agreement between the parties.


IN WITNESS WHEREOF, the Parties have executed this Waiver as of the date first written above. 
Michael Hansen




By:____________________________
Accepted as of the date first written above: 
DubLi, Inc.




By:____________________________  
Name: Andreas Kusche 
Title: General Counsel
Exhibit 3.1


                            CERTIFICATE OF AMENDMENT
                                     OF THE
                          CERTIFICATE OF INCORPORATION
                                       OF
                            FOCUS ENHANCEMENTS, INC.


         FOCUS  Enhancements,  Inc., a corporation  organized and existing under
the  laws  of  the  State  of  Delaware  (the  "Corporation"),  pursuant  to the
provisions of the General Corporation Law of the State of Delaware (the "DGCL"),
DOES HEREBY CERTIFY as follows:

         FIRST:  The Certificate of  Incorporation  of the Corporation is hereby
amended by  deleting  the first  paragraph  of Section 4 of the  Certificate  of
Incorporation in its present form and substituting therefor new first and second
paragraphs of Section 4 in the following form:

                  A. This  corporation  is  authorized  to issue two  classes of
         stock,  to be designated,  respectively,  "Common Stock" and "Preferred
         Stock." The total number of shares this  corporation  is  authorized to
         issue is Twenty-Eight Million (28,000,000) shares of capital stock.

                  B. Of such authorized shares, Twenty-Five Million (25,000,000)
         shares shall be designated "Common Stock" and have a par value of $0.01
         per  share.  Three  Million  (3,000,000)  shares  shall  be  designated
         "Preferred Stock" and have a par value of $0.01 per share.

         SECOND:  The  amendment  to the  Certificate  of  Incorporation  of the
Corporation set forth in this  Certificate of Amendment has been duly adopted in
accordance  with the  provisions  of Section 242 of the DGCL by (a) the Board of
Directors of the Corporation having duly adopted a resolution setting forth such
amendment and declaring its  advisability  and submitting it to the stockholders
of  the  Corporation  for  their  approval,  and  (b)  the  stockholders  of the
Corporation  having  duly  adopted  such  amendment  by vote of the holders of a
majority of the outstanding  stock entitled to vote thereon at a special meeting
of  stockholders  called and held upon notice in accordance  with Section 222 of
the DGCL.

         IN WITNESS WHEREOF, the Corporation has caused its corporate seal to be
hereunto  affixed and this  Certificate  of  Amendment to be signed by Thomas L.
Massie, its Chief Executive Officer, and attested to by John A. Piccione,  Esq.,
its Secretary, this 25th day of July, 1997.

                                           FOCUS ENHANCEMENTS, INC.



                                           By: /s/Thomas L. Massie         
                                                Thomas L. Massie
                                                Chief Executive Officer

ATTEST:


/s/John A. Piccione   
John A. Piccione
Secretary
Table 24. Contribution of wives' earnings to 

family income, 1970-2006

1970............................... 26.6

1971............................... 27.5

1972................................. 26.7

1973............................... 26.0

1974............................... 25.4

1975............................... 26.3

1976............................... 26.4

1977............................... 26.1

1978................................. 26.1

1979................................. 26.0

1980............................... 26.7

1981................................. 27.3

1982................................. 28.4

1983............................... 28.8

1984............................... 28.4

1985............................... 28.3

1986................................. 29.0

1987................................. 29.5

1988................................. 29.6

1989............................... 29.9

1990............................... 30.7

1991............................... 31.3

1992............................... 32.4

1993............................... 32.2

1994............................... 31.9

1995............................... 31.9

1996............................... 32.6

1997............................... 32.7

1998............................... 32.8

1999............................... 32.8

2000............................... 33.5

2001............................... 34.4

2002............................... 34.8

2003............................... 35.2

2004................................. 34.9

2005................................. 35.1

2006................................. 35.6

Year

Contribution to 

family income 

(median percent)

NOTE: These data, collected in the Annual Social

and Economic Supplement, reflect the earnings and

work experience of the entire year. 

SOURCE: Annual Social and Economic

Supplements, 1971-2007, Current Population Survey,

U.S. Department of Labor, U.S. Bureau of Labor

Statistics. 

77
<TABLE>
<CAPTION>

                       <c>                                 <c>
                          O'MELVENY & MYERS LLP

CENTURY CITY              400 South Hope Street               TYSONS CORNER
IRVINE SPECTRUM           Los Angeles, California             WASHINGTON,
MENLO PARK                90071-2899                          D.C.
NEWPORT BEACH             Telephone (213) 430-6000            HONG KONG
NEW YORK                  Facsimile (213) 430-6407            LONDON
SAN FRANCISCO             Internet: www.omm.com               SHANGHAI
                                                              TOKYO

</TABLE>


February 11, 2002

Capital Income Builder, Inc.
333 South Hope Street
Los Angeles, California  90071

Dear Ladies and Gentlemen:

 At your request we have examined your Registration Statement on Form N-1A and
the related Post-Effective Amendment No. 19 filed by you with the Securities
and Exchange Commission in connection with the registration under the
Securities Act of 1933, as amended, of an indefinite number of shares of your
common stock, $0.01 par value per share, of the following Classes:  529-A,
529-B, 529-C, 529-E and 529-F (collectively, the "529 SHARES").  We are
familiar with the proceedings you have taken in connection with the
authorization, issuance and sale of the 529 Shares.

 Based upon our examination and upon our knowledge of your activities, it is
our opinion that, provided that an appropriate amendment to your Articles of
Incorporation is duly effected before the issued and outstanding 529 Shares
exceed the authorized number specified in the Articles of Incorporation, the
529 Shares upon issuance and sale in the manner described in the Registration
Statement will constitute validly issued, fully paid and nonassessable shares
of your common stock.

 We consent to the filing of this opinion as an exhibit to the Registration
Statement.

Respectfully submitted,

 O'MELVENY & MYERS LLP
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0000885046
<NAME> TMP INLAND EMPIRE VI, LTD.
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-END>                               SEP-30-1996
<CASH>                                          114039
<SECURITIES>                                         0
<RECEIVABLES>                                   228421
<ALLOWANCES>                                         0
<INVENTORY>                                    9495764
<CURRENT-ASSETS>                               9838224
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 9838224
<CURRENT-LIABILITIES>                            16686
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                     9821538
<TOTAL-LIABILITY-AND-EQUITY>                   9838224
<SALES>                                          17501
<TOTAL-REVENUES>                                 17501
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                  8300
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                   9201
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                               9201
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      9201
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
**Exhibit 12.2**

**CERTIFICATION**

I, Yu Yibo, certify that:

1. I have reviewed this annual report on Form 20-F of PetroChina Company Limited (the “Company”); 

2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material factnecessary 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 report; 

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

4. The Company’s other certifying officer and I are responsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the Company and have: 

(a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed underour supervision, to ensure that material information relating to the Company, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; 

(b) Designed such internal control over financial reporting, or caused such internal control over financial reporting to bedesigned under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles; 

(c) Evaluated the effectiveness of the Company’s disclosure controls and procedures and presented in this report ourconclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

(d) Disclosed in this report any change in the Company’s internal control over financial reporting that occurred duringthe period covered by the annual report that has materially affected, or is reasonably likely to materially affect, the Company’s internal control over financial reporting; and 

5. The Company’s other certifying officer and I have disclosed, based on our most recent evaluation of internal controlover financial reporting, to the Company’s auditors and the audit committee of the Company’s board of directors (or persons performing the equivalent functions): 

(a) All significant deficiencies and material weaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the Company’s ability to record, process, summarize and report financial information; and 

(b) Any fraud, whether or not material, that involves management or other employees who have a significant role in theCompany’s internal control over financial reporting. 

 

Date: April 29, 2015
**EXHIBIT 23.1**

 

CONSENT OF INDEPENDENTREGISTERED PUBLIC ACCOUNTING FIRM

 

We hereby consent to the incorporation by reference in the RegistrationStatements on Form S-3 (Nos. 333-39956 and 333-104705) and RegistrationStatements on Form S-8 (Nos. 333-70148 and 333-84852) of UbiquiTel Inc. of ourreport dated March 15, 2006 relating to the financial statements, management’sassessment of the effectiveness of internal control over financial reportingand the effectiveness of internal control over financial reporting, whichappears in this Annual Report on Form 10-K.

 

 

PricewaterhouseCoopers LLP

Philadelphia, Pennsylvania

March 15, 2006

 

----
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

MICHAEL MARQUARDT,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

No. 4D19-3287

[February 20, 2020]

Appeal of order denying rule 3.850 motion from the Circuit Court for 

the Fifteenth Judicial Circuit, Palm Beach County; Jeffrey Dana Gillen, 

Judge; L.T. Case No. 2009CF005155AMB.

Michael Marquardt, Avon Park, pro se.

No appearance required for appellee.

PER CURIAM.

Affirmed.

GERBER, FORST and KLINGENSMITH, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
COURT OF APPEALS FOR THE

FIRST DISTRICT OF TEXAS AT HOUSTON

ORDER ON MOTION

Cause Number: 01-13-00750-CV

Trial Court Cause 

Number: 2009-64336

Style: In re Maersk Line, Limited

Date motion filed*: November 12, 2013

Type of motion:

Joint Motion to Lift Stay of Trial Court Proceedings for Limited Purpose of Allowing 

Real Parties in Interest to File Nonsuit of All Claims in Underlying Cause

Party filing motion: Relator

Document to be filed:

Is appeal accelerated? YES NO

Ordered that motion is:

Granted

If document is to be filed, document due: 

Absent extraordinary circumstances, the Court will not grant additional motions to extend time

Denied

Dismissed (e.g., want of jurisdiction, moot)

Other: _____________________________________ 

The Court lifts the temporary stay entered in this case on September 4, 2013, for the sole purpose of 

authorizing the real parties in interest to file a nonsuit of all claims pending in the underlying cause. All 

other pre-trial proceedings shall remain stayed.

Judge's signature: /s/ Evelyn V. Keyes

 Acting individually Acting for the Court

Panel consists of

Date: November 14, 2013
Economics Made Easy

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number of workers in the United States.

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many people work for them. Some 

people may work for multiple 

companies and will be counted more 

than once in the survey. These surveys 

measure employment as the number of 

jobs in the United States.

Word Jumble

Use the hint and unscramble the letters below.

Hint: Typically, this word means having a job. But at BLS, this is a count of the 

number of workers or jobs in the United States.

 ____ ____ ____ ____ ____ ____ ____ ____ ____ ____

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about how many new jobs were 

added to the economy. The news 

reporters are talking about 

employment reported by BLS.

DIY data

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you live. You can explore the number of jobs in schools, hospitals, 

restaurants, and many other types of businessesin your state or county by 

visiting bls.gov/cew/. 

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Employment — the number of 

workers or jobs.

Survey — asking questions and 

collecting data using a sample.
Exhibit 32.1

                          CEO 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 Focus  Enhancements,  Inc.  (the
"Company")  on Form 10-Q for the period ended March 31, 2004,  as filed with the
Securities and Exchange  Commission on the date hereof (the "Report"),  I, Brett
Moyer, President and Chief Executive 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 to the best of 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 result of  operations of the
Company.

/s/ Brett A. Moyer
------------------------
Brett A. Moyer
Chief Executive Officer
May 17, 2004

The foregoing  certification  is being  furnished  solely  pursuant to 18 U.S.C.
Section  1350.  A signed  original of this written  statement or other  document
authenticating,  acknowledging or otherwise  adopting the signature that appears
in typed form within the electronic version of this written statement,  required
by Section 906, has been provided to Focus Enhancements, Inc. and such statement
will be retained by Focus Enhancements, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.


                                       32