alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
|                                      |
|--------------------------------------|
|                                      |  |
| Deutsche Bank Trust Company Americas | BNY Mellon Trust of Delaware |
| As Indenture Trustee                 | As Owner Trustee |
| Attn:  Michelle H.Y. Voon  | Attn:  Kristine Gullo |
| 100 Plaza One 6th Floor         | 301 Bellevue Parkway, 3rd Floor |
| Jersey City, NY 07311                | Wilmington, DE  19809 |

|                                                 |
|-------------------------------------------------|
|                                                 |  |
| The Bank of New York Mellon Trust Company, N.A. | Ally Auto Assets LLC |
| Attn:  Robert Castle                  | Ally Financial Inc. |
| 2 North LaSalle Street, Suite 1020              | 200 Renaissance Center |
| Chicago, IL  60602                    | 10th Floor, MC 482-B10-A63 |
|                                            | Detroit, MI |

|        |
|--------|
|        |  |
| Re:    | Ally Auto Receivables Trust 2013-1 |
|   | Annual Statement as to Compliance |

|    |
|----|
|    |  |
| a. | A review of the activities of the Servicer during the period of January 1, 2015 through December 31, 2015, and of its performance under the Servicing Agreement has been under his supervision, and |

|    |
|----|
|    |  |
| b. | To the best of his knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Servicing Agreement throughout such period. |

|        |
|--------|
|        |  |  |
|   | Very truly yours, |
|   |   |
|   | /s/ David J. DeBrunner |   |
|   | David J. DeBrunner |
|   | Vice President, Controller and Chief Accounting Officer |
|   | Ally Financial Inc. |
#### Ray Byron FORD, Plaintiff-Appellant, v. Michael MARTEL, Defendant-Appellee.

No. 06-16994.

United States Court of Appeals, Ninth Circuit.

Submitted Dec. 20, 2007 *.

Filed Dec. 28, 2007.

Ray Byron Ford, Delano, CA, pro se.

Kelli Marie Hammond Fax, Constance L. Picciano, Esq., AGCA—Office of the California Attorney General (SAC), Sacramento, CA, for Defendant-Appellee.

Before: GOODWIN, WALLACE, and HAWKINS, Circuit Judges.

*

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

MEMORANDUM **

California state prisoner Ray Byron Ford appeals pro se from the district court’s summary judgment for defendant in his 42 U.S.C. § 1983 action alleging constitutional violations stemming from a lockdown affecting Muslim inmates. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, *Morrison v. Hall,*261 F.3d 896, 900 (9th Cir.2001), and we affirm.

The district court properly granted summary judgment on Ford’s First Amendment claim because Ford did not raise a triable issue as to whether the lockdown was a legitimate action taken by the prison to maintain security or as to whether the lockdown prevented Ford from engaging in religious conduct mandated by his faith. *See Turner v. Safley,*482 U.S. 78, 89-91, 107 S.Ct. 2254, 96 L.Ed.2d 64 (1987) (outlining criteria for analyzing legitimacy of regulation of religious expression in prison); *Freeman v. Arpaio,*125 F.3d 732, 736 (9th Cir.1997) (holding prisoner must show defendant burdened the practice of his religion by preventing him from engaging in conduct mandated by his faith).

The district court properly granted summary judgment on Ford’s Equal Protection claim because Ford did not raise a triable issue as to whether Martel was motivated by discriminatory intent in ordering the lockdown. *Id.*at 737 (affirming discriminatory intent is an essential element of an Equal Protection claim).

The district court properly granted summary judgment on Ford’s Due Process claim because Ford did not raise a triable *778issue as to whether the temporary lock-down imposed an “atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life.” *Sandin v. Conner,*515 U.S. 472, 484, 115 S.Ct. 2293, 132 L.Ed.2d 418 (1995).

Ford’s motion for appointment of counsel is denied.

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
**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 Amendment No. 1 to the Annual Report Success Holding Group International Inc. (the "Company") on Form 10-K for the year ended February 28, 2014 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Brian Kistler, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 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. |

 

 

| April 24, 2015 | By:    | */s/ Brian Kistler*                                              |   |
|----------------|--------|-----------------------------------------------------------------------|--------|
|           |   | Brian Kistler                                                         |   |
|           |   | Chief Financial Officer

(Principal Financial and Accounting Officer) |   |
**Exhibit 32.1**

 

**CERTIFICATIONPursuant to 18 United States Code Section 1350,As adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002**

 

The undersigned hereby certifies that, to thebest of my knowledge, the Quarterly Report on Form 10-Q for the period endedJune 30, 2004 of Graphic Packaging Corporation (the ‘‘Company’’) filed with theSecurities and Exchange Commission on the date hereof fully complies with therequirements of section 13(a) or 15(d) of the Securities Exchange Act of1934 and that the information contained in such report fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.

 
|   | /s/ STEPHEN  M. HUMPHREY                      |
|--------|-----------------------------------------------|
|   | Name:  Stephen M. Humphrey                    |
|   | Title:  President and Chief Executive Officer |
|   | Date:  November 4, 2004                       |

 

----
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

742 CAF 12-01425 PRESENT: SCUDDER, P.J., CENTRA, FAHEY, CARNI, AND LINDLEY, JJ.

IN THE MATTER OF STEUBEN COUNTY DEPARTMENT OF SOCIAL SERVICES, ON BEHALF OF CAROL M. HOVER, PETITIONER-RESPONDENT,

V ORDER
MORRIS J. SARFATY, RESPONDENT-APPELLANT.

DAVISON LAW OFFICE PLLC, CANANDAIGUA (MARY P. DAVISON OF COUNSEL), FOR RESPONDENT-APPELLANT.
MICHELLE A. COOKE, BATH, FOR PETITIONER-RESPONDENT.

Appeal from an order of the Family Court, Steuben County (Marianne Furfure, A.J.), entered July 6, 2012 in a proceeding pursuant to Family Court Act article 4. The order denied in part respondent’s objections to an order of the Support Magistrate entered March 8, 2012. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Entered: June 14, 2013 Frances E. Cafarell Clerk of the Court
#### UNITED STATES of America, Plaintiff-Appellee v. Jose Antonio MENDOZA-BAZAN, Defendant-Appellant.

No. 12-10138

Conference Calendar.

United States Court of Appeals, Fifth Circuit;

Dec. 17, 2012.

Nancy E. Larson, Assistant U.S. Attorney, U.S. Attorney’s Office, Fort Worth, TX, for Plaintiff-Appellee.

Jerry Van Beard, Esq., Assistant Federal Public Defender, Federal Public De*400fender’s Office, Dallas, TX, for Defendant-Appellant.

Before DAVIS, OWEN, and HIGGINSON, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Jose Antonio Mendoza-Bazan has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir.2011). Mendoza-Bazan has 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 nonfrivolous 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*5th Cir. R. 42.2.

*

 Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.
Exhibit 32.1

** **

** **

**Certification of CEO andCFO**

**Pursuant to 18 U.S.C.Section 1350,**

**AsAdopted Pursuant to**

**Section 906 of theSarbanes-Oxley Act of 2002**

 

 

 

In connection with theAnnual Report on Form 10-K of Consolidated Capital Growth Fund (the"Partnership"), for the fiscal year ended December 31, 2008 as filed with theSecurities and Exchange Commission on the date hereof (the "Report"), Steven D.Cordes, as the equivalent of the Chief Executive Officer of the Partnership, andStephen B. Waters, as the equivalent of the Chief Financial Officer of thePartnership, each hereby certifies, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to thebest of his knowledge:

 

(1)   The Reportfully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

 

(2)   Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Partnership.

 

 

This certification isfurnished with this Report pursuant to Section 906 of the Sarbanes-Oxley Act of2002 and shall not be deemed filed by the Partnership for purposes of Section 18of the Securities Exchange Act of 1934, asamended.
2008 Base Salaries for Named Executive Officers



 Exhibit 10.27 
 2008 Base Salaries for Named Executive Officers 
 On June 3, 2008, retroactive to May 1,
2008, the Compensation Committee of the Board of Directors of Environmental Power Corporation (the “Company”) approved the following base salaries for each of the Company’s “named executive officers”, as defined in
Item 402 of Regulation S-K. 
  

				
	 Name and Title
	  	Base Salary
	 Richard E. Kessel
President and Chief Executive Officer
	  	$	318,800
		
	 Michael E. Thomas
Senior Vice President, Chief Financial
Officer and Treasurer
	  	$	227,700
		
	 Dennis Haines
Vice President, General Counsel and
Secretary
	  	$	221,000
EXHIBIT 99.4

CONSENT OF INTERNAL QUALIFIED RESERVES EVALUATOR

Reference
is made to my Report on Reserves Data dated February 27, 2014, included in the Annual Information Form of Talisman Energy Inc. for the year ended December 31, 2013
(the "AIF"), and to the references to my name in the AIF and elsewhere in the Company's Annual Report on Form 40-F to be filed with the United States Securities and
Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended.

I
consent to the incorporation by reference of my Report into this Annual Report on Form 40-F. I have no reason to believe that there are any misrepresentations in the information contained in
this Annual Report on Form 40-F that were derived from my Report or that is within my knowledge as a result of the work I performed in connection with such Report.

I
also consent to the incorporation by reference in the following Registration Statements:

of
my Report on Reserves Data dated February 27, 2014 and to the references to my name in the AIF, which are incorporated by reference in this Annual Report on Form 40-F.

Calgary, Canada
March 3, 2014

By:

/s/ MARK IRELANDName:

Mark IrelandTitle:

Internal Qualified Reserves Evaluator


---



QuickLinks
<PAGE>

                                                                    Exhibit 11.0

Computation of Earnings per Share

The following represents the computation of earnings per share reflecting the
assumption that the granted shares under the option and warrants plan which
would be dilutive will be exercised.

<TABLE>
<CAPTION>
                                                               Three Months Ended         Nine Months Ended
                                                                 September 30,              September 30,
                                                           -------------------------   -------------------------
                                                              2004          2003           2004         2003
<S>                                                        <C>           <C>           <C>           <C>
Net earnings applicable to common shareholders - basic     $   465,164   $    87,786   $ 1,272,625   $   573,099
Add:  Dividend to preferred shareholders                        21,600            --        64,800            --
                                                           -----------   -----------   -----------   -----------
Net earnings - diluted                                     $   486,764   $    87,786   $ 1,337,425   $   573,099
                                                           ===========   ===========   ===========   ===========
Weighted average common shares outstanding - basic          12,550,679    12,341,284    12,482,060    12,324,292

Common share equivalents relating to stock options,
warrants and preferred stock                                 3,571,496       402,157     3,596,813       217,732
                                                           -----------   -----------   -----------   -----------

Adjusted common and common equivalent shares for diluted
computation                                                 16,122,175    12,743,441    16,078,873    12,542,024
                                                           ===========   ===========   ===========   ===========

Net earnings per share:
         Basic                                             $      0.04   $      0.01   $      0.10   $      0.05
         Diluted                                           $      0.03   $      0.01   $      0.08   $      0.05

Anti-dilutive options not included in the earnings per
share computations                                             470,100       342,442       365,100       658,359
</TABLE>

See notes to consolidated financial statements
Notice of Extension to Floor Plan Loan Agreement



 Exhibit 10.26(a) 
 CGI Finance, Inc. 
 1407 Fleet Street, 2nd floor 

Baltimore, Maryland 21231 
 September 14, 2011 
 VIA FEDERAL EXPRESS 

MARINEMAX, Inc. 
 18167 US Highway 19 North

 Suite 300 
 Clearwater, FL 33764

 Attention: Michael McLamb, Chief Financial Officer 
 Re: Notice of Extension of CGI Finance, Inc. Floor Plan Loan Agreement dated October 7, 2010 (this “Extension”) 
 Dear Mike: 
 We refer to that certain Floor Plan Loan Agreement dated
October 7, 2010 by and among MARINEMAX, INC., a Delaware corporation, MARINEMAX EAST, INC., a Delaware corporation, MARINEMAX SERVICES, INC., a Delaware corporation, MARINEMAX NORTHEAST, LLC, a Delaware limited liability company, BOATING GEAR
CENTER, LLC, a Delaware limited liability company, US LIQUIDATORS, LLC, a Delaware limited liability company, and NEWCOAST FINANCIAL SERVICES, LLC, a Delaware limited liability company (each a “Borrower” and collectively the
“Borrowers”), and CGI FINANCE, INC., a Delaware corporation (together with its successors and assigns, “Lender”) (the “Agreement”). Capitalized terms used but not defined in this Extension shall
have the meanings assigned to them in the Agreement. 
 In accordance with Section 2.04(b) of the Agreement Lender is
pleased to hereby notify Borrowers of the extension of the Termination Date of the Floor Plan Credit. Hereafter the Termination Date of the Floor Plan Credit extended to Borrowers under the Agreement shall be August 31, 2012, unless that
date is further extended by Lender in its sole and absolute discretion in accordance with Section 2.04(b) of the Agreement. 

This Extension is the first occasion of a grant by Lender of a request by Borrowers for an extension of the Termination Date of the
Floor Plan Credit. 
 By countersignature below, Borrowers (1) acknowledge the receipt and sufficiency of this Extension,
(2) affirm and restate the representations and warranties specified at Article 5 of the Agreement, and (3) acknowledge that, except as expressly modified and superseded by this Extension, the terms and provisions of the Agreement and the
other Credit Documents are 







 MarineMax, Inc. 
 Extension of CGI Finance, Inc. Floor Plan Loan Agreement dated October 7, 2010 

September 14, 2011 
 Page 2 

 
 
ratified and confirmed and shall continue in full force and effect. Borrowers and Lender agree that the Agreement and the other Credit Documents, as hereby extended, shall continue to be legal,
valid, binding and enforceable in accordance with their respective terms. 
 Yours truly 





 
 Herve Bonnet 

President and Chief Executive Officer 
 Acknowledged and agreed, this 15th day of September 2011: 
 MarineMax, Inc. 
 MarineMax East, Inc. 
 MarineMax Services, Inc. 

MarineMax Northeast LLC 
 US Liquidators, LLC

 Newcoast Financial Services, LLC 
  

			
		
	By:  	 	




	Print Name: Michael H. McLamb
	 Its: EVP

	 Being duly authorized


 Boating Gear Center, LLC 
  

	By:	MarineMax East, Inc., 


	    	its sole member 

  

			
		
	By:  	 	




	Print Name: Michael H. McLamb
	 Its: EVP

	 Being duly authorized
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MELVIN McCABE,

Plaintiff

- Appellant,

v.

THE IDAHO STATE BOARD OF CORRECTION; IDAHO

CORRECTIONAL INDUSTRY VOCATIONAL WORK PROJECTS,

Defendants

- Appellees. No. 18

- 35462

D.C. No. 1:17

- cv

- 00458

- DCN

MEMORANDUM *

Appeal from the United States District Court

for the District of Idaho David C. Nye, District Judge, Presiding

Submitted December 17, 2018 **

Before: WALLACE, SILVERMAN, and McKEOWN, Circuit Judges.

Idaho state prisoner Melvin McCabe appeals pro se from the district court’s

judgment dismissing his a ction alleging claims under the Americans with

Disabilities Act (“ADA”) and the Rehabilitation Act (“RA”) . We have jurisdiction

* 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

DEC 20 2018

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 18

- 35462

under 28 U.S.C. § 1291. We review de novo. Watison v. Carter , 668 F.3d 1108,

1112 (9th Cir. 2012) (dismissal under 28 U.S.C. § 1915(e)(2)(B)(ii)); Wilhelm v.

Rotman

, 680 F.3d 1113, 1118 (9th Cir. 2012 ) (dismissal under 28 U.S.C.

§ 1915A). We vacate and remand

.

The district court dismissed McCabe’s action after finding that McCabe’s

allegations regarding defendants’ discriminatory motive were insufficient to state a

plausible claim. However, McCabe alleged t hat defendants excluded him from

certain higher payin g work placements on the basis of his bottom bunk assignment

and that, on information and belief, defendants have developed a discriminatory

“placement matrix” that favors non

- disabled inmates. The generalized statements

regarding placement decisions, con tained in the grievance form attached to the first

amended complaint, do not render implausible McCabe’s claims concerning his

specific placement requests. Liberally construed, McCabe’s allegations “are

sufficien t to warrant ordering [defendants] to file an answer.” Wilhelm , 680 F.3d

at 1116; O’Guinn v. Lovelock Corr. Ctr. , 502 F.3d 1056, 1060 (9th Cir. 2007)

(setting forth elements of claims under Title II of the ADA and the RA)

.

We do not consider matters not specif ically and distinctly raised and argued

in the opening brief. See Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009).

VACATED and REMANDED

.
<PAGE>

                            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 on Form 10-K for the period ending
December 31, 2002, of Colorado Interstate Gas Company (the "Company") as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, John W. Somerhalder II, Chairman of the Board and Chief Executive Officer
(Principal Executive Officer), certify (i) that the Report fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934, as amended, and (ii) that the information contained in the Report fairly
presents, in all material respects, the financial condition and results of
operations of the Company.


                                              /s/ John W. Somerhalder II
                                       -----------------------------------------
                                       John W. Somerhalder II
                                       Chairman of the Board and
                                       Chief Exective Officer
                                       (Principal Executive Officer)

                                       March 27, 2003
# Fourth Court of Appeals

**San Antonio, Texas**

November 16, 2017

No. 04

- 17

- 00384

- CV

IN RE ADAN VOLPE PROPERTIES, LTD , Mar icela Volpe, General Partner

,

From the 341st Judicial District Court, Webb County, Texas

Trial Court No. 2013

- CVF

- 000127

- D3

Honorable Rebecca Ramirez Palomo, Judge Presiding



### ORDER

Sitting: Sandee Bryan Marion, C hief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

Rebeca C. Martinez , Justice

Patricia O. Alvarez , Justice

Luz Elena D. Chapa, Justice

Irene Rios, Justice

Relators’ motion for rehearing en banc and request for emergency stay is denied.

_________________________________ Luz Elena D. Chapa, Justice

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

court on this 16th day of November, 2017

.

___________________________________ KEITH E. HOTTLE

, Clerk of Court
Cite as 2016 Ark. App. 128 

ARKANSAS COURT OF APPEALS

EN BANC

No. CV-15-653

MONROE CARLTON, JERRY RICE, 

KATHY RICE, AMANDA RICE, 

MEREDITH LEMONS, MIRANDA 

PASCOE, AND MARGARET 

PLEASANTS

 APPELLANTS 

V.

GRACE ELLEN RICE

 APPELLEE

Opinion Delivered: February 24, 2016

APPEAL FROM THE LONOKE COUNTY 

CIRCUIT COURT 

[43PR-04-309]

HONORABLE JASON ASHLEY PARKER,

JUDGE

APPEAL DISMISSED

PER CURIAM

Appellants appeal from an order denying “A Motion to Set Aside Order.” On 

appeal they seek reversal of an “Order Removing the Trustee.” In a related case, Carlton 

v. Rice, 2016 Ark. App. 48, this court reversed the order which removed the trustee. Thus 

the relief sought by the appellants has been granted, rendering this appeal moot. 

Accordingly, we dismiss the appeal. 

Appeal dismissed.