alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Shawn DIEHL, on behalf of himself and all others similarly situated; Christopher Terry, on behalf of himself and all others similarly situated, Plaintiffs-Appellants, v. NORTHWEST TRUSTEE SERVICES INC.; First American Title Insurance Company; Does 1-10; Recontrust Company, N.A., Defendants-Appellees.

No. 10-35518.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted March 7, 2011.

Filed March 10, 2011.

Christopher W. Froines, Geiszler & Froines, PC, Timothy M. Bechtold, Bechtold Law Firm PLLC, Missoula, MT,' for Plaintiffs-Appellants.

Northwest Trustee Services Inc., Missoula, MT, pro se.

First American Title Insurance Company, Missoula, MT, pro se.

David Brian Cotner, Datsopoulos, MacDonald & Lind, P.C., Jon G. Beal, John B. Horrell, Beal Law Firm, PLLC, Missoula, MT, Charles A. Newman, Michael J. Duvall, Sonnenschein Nath & Rosenthal LLP, St. Louis, MO, Joel David Siegel, Sonnenschein Nath & Rosenthal LLP, Los Angeles, CA, Michael S. Dockery, Crowley Fleck PLLP, Billings, MT, Joseph Yenouskas, Goodwin Procter, LLP, Washington, DC, for Defendants-Appellees.

Before: McKEOWN, FISHER, and GOULD, Circuit Judges.

MEMORANDUM *

The key question in this appeal is whether an indenture trustee may appropriately delegate to a third party the duty to call the sale under the Montana Small Tract Financing Act (“STFA”). The Montana Code allows principals to delegate tasks to agents “unless a contrary intention clearly appears.” Mont.Code Ann. § 28-10-105. No such intention is expressed in the STFA, a view confirmed by the Montana Supreme Court. *See Knucklehead Land Co., Inc. v. Accutitle, Inc.,*340 Mont. 62, 172 P.3d 116, 120-21 (2007) (holding that an indenture trustee has only the duties specifically set forth in the *717STFA); *see also S.D. Myers, Inc. v. City and Cnty. of San Francisco,*258 F.3d 461, 473 (9th Cir.2001) (“When interpreting state law, we are bound by decisions of the state’s highest court.”). We therefore affirm the district court’s determination that the indenture trustee may delegate its duty to call the sale under the STFA.

The plaintiffs’ remaining arguments as to the alleged need for agents to qualify as indenture trustees under the STFA are unpersuasive. *See*Mont. Code Ann. §§ 71-1-306; 28-10-105. Because Montana law is clear on the legal questions in this appeal, we deny the motion to certify the question to the state supreme court. *See*Mont. RApp. P. 15(3). The plaintiffs concede that their Fair Debt Collection Practices Act claim fails if there was no violation of Montana law.

We AFFIRM the decision of the district court and DENY the Motion to Certify.

*

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER
PURSUANT TO 18 U.S.C.SECTION 1350 AS ADOPTED PURSUANT TO SECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002

In
connection with the Quarterly Report of Intelligroup, Inc, (the Company) on
Form 10-Q for the quarterly period ended September 30, 2009 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Alok
Bajpai, 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 and to the best of my knowledge and belief, that:

|(1) |  | The Report fully
      complies with the requirements of Section 13(a) or 15(d), as applicable,
      of the Securities Exchange Act of 1934, as amended (the Exchange Act);
      and
|--- |  | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
|    |  |                                                                                                                                                                                         
|(2) |  | The information
      contained in the Report fairly presents, in all material respects, the
      financial condition and results of operations of the
  Company.                      

|DATE: November 13, 2009 | By: | /s/ Alok Bajpai                            
|----------------------- | --- | -------------------------------------------
|                        |     |                                            
|                        |     | Alok Bajpai                                
|                        |     | Chief Financial Officer and
      Principal
|                        |     | Accounting
Officer                         

---
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2950 Engrossed in House (EH)]

111th CONGRESS
  1st Session
                                H. R. 2950

_______________________________________________________________________

                                 AN ACT

 
  To direct the Secretary of the Interior to allow for prepayment of 
  repayment contracts between the United States and the Uintah Water 
                         Conservancy District.

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

SECTION 1. PREPAYMENT OF CERTAIN REPAYMENT CONTRACTS BETWEEN THE UNITED 
              STATES AND THE UINTAH WATER CONSERVANCY DISTRICT.

    The Secretary of the Interior shall allow for prepayment of the 
repayment contract no. 6-05-01-00143 between the United States and the 
Uintah Water Conservancy District dated June 3, 1976, and supplemented 
and amended on November 1, 1985, and on December 30, 1992, providing 
for repayment of municipal and industrial water delivery facilities for 
which repayment is provided pursuant to such contract, under terms and 
conditions similar to those used in implementing section 210 of the 
Central Utah Project Completion Act (Public Law 102-575), as amended. 
The prepayment--
            (1) shall result in the United States recovering the net 
        present value of all repayment streams that would have been 
        payable to the United States if this Act was not in effect;
            (2) may be provided in several installments to reflect 
        substantial completion of the delivery facilities being 
        prepaid, and any increase in the repayment obligation resulting 
        from delivery of water in addition to the water being delivered 
        under this contract as of the date of enactment of this Act;
            (3) shall be adjusted to conform to a final cost allocation 
        including costs incurred by the Bureau of Reclamation, but 
        unallocated as of the date of the enactment of this Act that 
        are allocable to the water delivered under this contract;
            (4) may not be adjusted on the basis of the type of 
        prepayment financing used by the District; and
            (5) shall be made such that total repayment is made not 
        later than September 30, 2019.

            Passed the House of Representatives September 29, 2009.

            Attest:

                                                                 Clerk.
111th CONGRESS

  1st Session

                               H. R. 2950

_______________________________________________________________________

                                 AN ACT

  To direct the Secretary of the Interior to allow for prepayment of 
  repayment contracts between the United States and the Uintah Water 
                         Conservancy District.
```
Exhibit 31.2
**CERTIFICATION**
I, John L. Finlayson, certify that:
 1.  I have reviewed this Quarterly Report on Form 10-Q/A for the quarterended September 30, 2004 of Susquehanna Media Co.;
 2.  Based on my knowledge, this report does not contain any untruestatement of a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements weremade, not misleading with respect to the period covered by this report;
 3.  Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respects thefinancial condition, results of operations and cash flows of the registrant as of,and for, the periods presented in this report;
 4.  The registrant’s other certifying officer(s) and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:
 a.  Designed such disclosure controls and procedures, orcaused such disclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known to us byothers within those entities, particularly during the period in which thisreport is being prepared;
 b.  Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report ourconclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based onsuch evaluation; and
 c.  Disclosed in this report any change in the registrant’sinternal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscalquarter in the case of an annual report) that has materially affected, oris reasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and
 5.  The registrant’s other certifying officer(s) and I have disclosed,based on our most recent evaluation of internal control over financial reporting,to the registrant’s auditors and the audit committee of the registrant’s board ofdirectors (or persons performing the equivalent functions):
 a.  All significant deficiencies and material weaknesses inthe design or operation of internal control over financial reporting whichare reasonably likely to adversely affect the registrant’s ability torecord, process, summarize and report financial information; and
 b.  Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in theregistrant’s internal control over financial reporting.        Date: March 30, 2005 /s/ John L. Finlayson   John L. Finlayson   Vice President and CFO
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                              JUN-30-2000
<PERIOD-START>                                 JUL-01-1999
<PERIOD-END>                                   SEP-30-1999
<CASH>                                         0
<SECURITIES>                                   0
<RECEIVABLES>                                  0
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               0
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 0
<CURRENT-LIABILITIES>                          5902
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       50
<OTHER-SE>                                     (5952)
<TOTAL-LIABILITY-AND-EQUITY>                   0
<SALES>                                        0
<TOTAL-REVENUES>                               0
<CGS>                                          0
<TOTAL-COSTS>                                  5902
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                (5902)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (5902)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (5902)
<EPS-BASIC>                                    (.01)
<EPS-DILUTED>                                  (.01)




</TABLE>
Opinion issued June 6, 2024

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-23-00561-CV

———————————

NOSHIRAVAN SOBHANI, Appellant

V.

HOUSTON ANCHOR, LLC, JH FAMILY TRUST, JOBY HARDWICK, 

JOHNNIE MOORE, AND KATHALEEN MOORE, Appellees

On Appeal from the 61st District Court

Harris County, Texas

Trial Court Case No. 2016-34382

MEMORANDUM OPINION

Appellant, Noshiravan Sobhani, has neither paid the required fees nor 

established indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1; 

see also TEX. GOV’T CODE ANN. §§ 51.207, 51.208, 51.851(b), 51.941(a); Order, 

Fees Charged in the Supreme Court, in Civil Cases in the Courts of Appeals, and 
2

Before the Judicial Panel on Multi-District Litigation, Misc. Docket No. 15-9158 

(Tex. Aug. 28, 2015). On August 24, 2023, appellant was notified that this appeal 

was subject to dismissal if appellate costs were not paid, or indigence was not 

established, by September 8, 2022. See TEX. R. APP. P. 42.3(b), (c). Appellant did 

not adequately respond.

Further, appellant has failed to timely file a brief. See TEX. R. APP. P. 38.6(a) 

(governing time to file brief). Appellant filed a notice of appeal from the trial court’s 

May 5, 2023 final judgment. On August 4, 2023, the court reporter notified the 

Court that no record was taken in this case. The clerk’s record was filed on October 

24, 2023. Accordingly, appellant’s brief was due to be filed on or before November 

27, 2023. See TEX. R. APP. P. 38.6(a). 

Appellant did not file an appellant’s brief by that deadline. On December 28, 

2023, the Clerk of this Court notified appellant that this appeal was subject to 

dismissal unless a brief, or a motion to extend time to file a brief, was filed within 

ten days of the notice. See TEX. R. APP. P. 38.8(a) (governing failure of appellant to 

file brief), 42.3(b) (allowing involuntary dismissal of appeal for want of 

prosecution), 42.3(c) (allowing involuntary dismissal of case for failure to comply 

with notice from Clerk of Court). Despite the notice that this appeal was subject to 

dismissal, appellant did not adequately respond.
3

Accordingly, we dismiss this appeal for nonpayment of all required fees and

want of prosecution. See TEX. R. APP. P. 5, 42.3(b), (c); 43.2(f). All pending 

motions are dismissed as moot.

PER CURIAM

Panel consists of Justices Landau, Countiss, and Guerra.
EXHIBIT 10.2.1


                              FIRST AMENDMENT TO
                     SWINE PRODUCTION SERVICES AGREEMENT


     THIS FIRST AMENDMENT TO SWINE PRODUCTION SERVICES AGREEMENT is entered into
effective as of the 26th day of July, 1996, by and between ALLIANCE FARMS
COOPERATIVE ASSOCIATION (hereinafter "Association") and FARMLAND INDUSTRIES,
INC. (hereinafter "Farmland").

     WHEREAS, Association and Farmland are parties to a Swine Production
Services Agreement, dated as of July 13, 1994 (the "Agreement");

     WHEREAS, Association and Farmland desire to amend the Agreement as
hereinafter set forth;

     NOW, THEREFORE, in consideration of the mutual agreements contained herein,
the parties hereto agree that the Agreement be amended as follows:

     1.     Effective March 1, 1996, Section 10(d)(ii) of the Agreement hereby
is amended by deleting the reference to "$20.00" therein and inserting in lieu
thereof "$10.00" such that said Section 10(d)(ii) shall read in its entirety as
follows:

     (ii)   HANDLING FEE.  A handling fee of $10.00 per head, which shall be

increased, on an annual basis, by a percentage rate equal to the annual rate of
inflation, as disclosed by the Consumer Price Index - Retail Index as published
by the United States Department of Commerce using the Index for 1994 as the base
year for purposes of the calculations required by this subsection (d)(ii).

     2.     Effective September 1, 1995, Section 10 of the Agreement hereby is
further amended by inserting a new Section 10(j) immediately following the
existing Section 10(i) of the Agreement, which new Section 10(j) shall read in
its entirety as follows:

     (j)    UNPURCHASED GILTS.  With respect to any gilts that survive finishing

by Farmland for use as breeding stock by the Association and are not repurchased
by the Association as contemplated by subsection (a) of this Section, Farmland
shall either (i) market such gilts for slaughter or (ii) retain such gilts for
use as breeding stock.  Farmland shall pay to the Association a $10.00 per head
fee for the gilts retained by Farmland for use as breeding stock, which fee
shall be payable promptly upon the gilts being placed in service as breeding
stock.

     3.     Except as expressly amended hereby, all of the terms, conditions and
provisions of the Agreement shall remain unamended and in full force and effect
in accordance therewith and are hereby ratified and confirmed.  The amendments
provided herein shall be limited precisely as drafted and shall not constitute
an amendment of any other term, condition or provision of the Agreement.




     IN WITNESS WHEREOF, the parties hereto have executed this First Amendment
to Swine Production Services Agreement as of the day and year first above
written.

      ALLIANCE FARMS COOPERATIVE
      ASSOCIATION


      By:/s/ Wayne N. Snyder

           Name: Wayne N. Snyder
           Title: President

      FARMLAND INDUSTRIES, INC.


      By:/s/ Gary E. Evans
           Name: Gary E. Evans
           Title: Group Vice President
Exhibit 32.1

Certification of Chief Executive Officer and Chief Financial Officer Pursuant to

18 U.S.C.
Section 1350, as Adopted Pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended (the Exchange Act), and Section 1350 of
Chapter 63 of Title 18 of the United States Code (18 U.S.C. §1350), Douglas F. Garn, Chief Executive Officer of Quest Software, Inc. (the Company), and Scott J. Davidson, Chief Financial Officer of the Company, each hereby certifies
that, to the best of his or her knowledge:



|1. | The Companys Quarterly Report on Form 10-Q for the three months ended June 30, 2009, to which this Certification is attached as Exhibit 32.1 (the Quarterly
Report) fully complies with the requirements of Section 13(a) or Section 15(d) of the Exchange Act, and
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|2. | The information contained in the Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------

In Witness Whereof, the undersigned have set their hands hereto as of the 10thday of August, 2009.



|                        |  |  |  |                         
|----------------------- |  |  |  | ------------------------
|/s/    Douglas F. Garn  |  |  |  | /s/    Scott J. Davidson
|Douglas F. Garn         |  |  |  | Scott J. Davidson       
|Chief Executive Officer |  |  |  | Chief Financial Officer 

This certification accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and
Exchange Commission and is not to be incorporated by reference into any filing of Quest Software, Inc. under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the
Form 10-Q), irrespective of any general incorporation language contained in such filing.
Fourth Court of Appeals

San Antonio, Texas

February 20, 2014

No. 04-13-00816-CV

IN THE INTEREST OF A.M.L., A CHILD,

From the 38th Judicial District Court, Medina County, Texas

Trial Court No. 12-11-21526-CV

Honorable Thomas F. Lee, Judge Presiding

O R D E R

This is an accelerated appeal. Although it appeared the appellate record was complete on 

January 29, 2014, an additional volume of reporter’s record was filed February 10, 2014.

Accordingly, it originally appeared as though appellant’s brief was due February 18, 2014, but 

because the record was not complete until February 10, 2014, appellant’s was not due until 

February 20, 2014. Appellant has filed an extension of time to file the brief, asking until March 

17, 2014. We GRANT appellant’s motion and ORDER appellant to file appellant’s brief until 

March 17, 2014. Appellant is advised that no further extensions will be granted absent 

written proof of extraordinary circumstances.

_________________________________

Marialyn Barnard, Justice

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

court on this 20th day of February, 2014.

___________________________________

Keith E. Hottle

Clerk of Court
Order entered February 8, 2021

In The 

### Court of Appeals Fifth District of Texas at Dallas No. 05 - 19 - 01553 - CV PHYLLIS SLICKER, Appellant

V. WILLIAM SLICKER AND LESLIE G. MARTIN, P.C., Appellee s On Appeal from the 330th Judicial District Court

Dallas County, Texas Trial Court Cause No. DF - 11 - 15742

ORDER Before the Court is appellee Leslie G. Martin, P.C.’s February 4, 2021 second motion for extension of time to file its brief

. We GRANT the motion and ORDER the brief be filed no later than February 18, 2021.

/s/ KEN MOLBERG JUSTICE
---

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 Teda Technologies
  International Inc. (the Company) on Form 10-QSB for the period ending
  March 31, 2003, as filed with the Securities and Exchange Commission on the
  date hereof (the Report), I, Richard Wang, 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
        result of operations of the Company.

/s/ Richard WangRichard Wang Chief Financial Officer
  August 1, 2003



---