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NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SELIM UMIT KUCUK,

Plaintiff

- Appellant,

v.

CENTRAL WASHINGTON

UNIVERSITY,

Defendant

- Appellee. No. 18

- 36020

D.C. No. 2:17

- cv

- 01262

- BAT

MEMORANDUM *

Appeal from the United States District Court

for the Western District of Washington

Brian Tsuchida, Magistrate Judge, Presiding **

Submitted September 18, 2019 ** *

Before: FARRIS, TASHIMA, and NGUYEN, Circuit Judges.

Selim Umit Kucuk appeals pro se from the district court ’ s summary

judgment in his Title VII employment action

. We have jurisdiction under 28

* This disposition is not appropria te for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The parties consented to proceed before a magistrate judge. See 28

U.S.C. § 636(c).

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

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

SEP 26 2019

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 18

- 36020

U.S.C. § 1291. We review de novo. Peterson v. Hewlett

- Packard Co. , 358 F.3d

599, 602 (9th Cir. 2004). We affirm.

The district court properly granted summary judgment on Kucuk’s disparate

impact discrimination claim because Kucuk failed to raise a genuine dispute of

material fact as to whether defendant’s facially

- neutral accreditation requirement

for tenure

- track positions caused a significant discriminatory impact on the basis of

national origin

. See Stout v. Potter , 276 F.3d 1118, 1121

- 22 (9th Cir. 2002)

(setting forth elements of prima facie case of disparate impact).

The district court did not abuse its discretion by denying Kucuk’s request to

conduct additional discovery in order to oppose summary judgment because Kucuk

failed to comply with the requirements of Federal Rule of Civil Pro c edure 56(d)

.

See Family Home & Fin. Ctr., Inc. v. Fed. Home Loan Mortg. Corp ., 525 F.3d

822, 827 (9th Cir. 2008) (setting forth standard of review and requirements)

.

The district court did not abuse its discretion by deeming the expert

declarations submitted by Kucuk inadmissible

. See Orr v. Bank of Am., NT & SA

,

285 F.3d 764, 773 (9th Cir. 2002) (setting forth standard of review and stating that

“unauthenticated documents cannot be considered in a motion for summary

judgment

. ”).

We do not consider matters not specifically and distinctly raised in the

opening brief, or arguments and allegations raised for the first time on appeal. See3 18

- 36020

Padgett v. Wright , 587 F.3d 983, 985 n.2 (9th Cir. 2009); United States v. Elias

,

921 F.2d 870, 874 (9th Cir. 1990) (“Documents or facts not presented to the

district court are not part of the record on appeal.”).

Appellee’s opposed motion to strike (Docket Entry No. 9) is denied.

AFFIRMED.
#### The People of the State of New York, Respondent, v Ronald McCummings, Appellant.

[665 NYS2d 901]

—Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered May 25, 1995, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 9 years to life, unanimously affirmed.

Defendant’s requests to submit to the jury the defense of justification and the lesser included offense of assault in the third degree (Penal Law § 120.00 [2]) were properly denied. There was no reasonable view of the evidence, considered in the light most favorable to defendant, to support either of these requested charges. Concur—Murphy, P. J., Milonas, Wallach, Rubin and Mazzarelli, JJ.
----

**EXHIBIT      32.2**

| (1)    | the                Annual Report on Form 10-K of the Company for the annual period ended                December 31, 2005 (the “Report”) fully complies with the requirements                of Section 13(a) or 15(d) of the Securities Exchange Act of 1934                (15                U.S.C. 78m or 78o(d)); and |
|--------|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |                                                                                                                                                                                                                                                                                                                                        |
| (2)    | the                information contained in the Report fairly presents, in all material                respects, the financial condition and result of operations of the                Company.                                                                                                                                            |
|   |                                                                                                                                                                                                                                                                                                                                        |

|  Dated:              March 3,              2006 |  /s/                Thomas B. Specketer |   |
|-----------------------------------------------------------|----------------------------------------------|--------|
|                                                      | Thomas                B. Specketer           |   |
|                                                      | Vice                President and Controller |   |
|                                                      | (chief                financial officer)     |   |

----
Exhibit 32.2

SECTION 906 CERTIFICATION

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 Emergency Filtration Products, Inc.
(the "Company") on Form 10-QSB for the quarter ending September 30, 2004, as
filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Steve M. Hanni, Principal 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, to the best of my knowledge and
belief:

 (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/ Steve M. Hanni
Steve M. Hanni, Principal Financial Officer

Date: November 12, 2004


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

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Commerce

###### Foreign-Trade Zones Board

          - [B-41-2017]

On June 1, 2017, MTD Consumer Group Inc. submitted a notification of proposed production activity to the FTZ Board for its facility within Subzone 283A, in Martin, Tennessee.

                    The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the                     **Federal Register**                     inviting public comment (82 FR 27796, June 19, 2017). On September 29, 2017, the applicant was notified of the FTZ Board's decision that no further review of the activity is warranted at this time. The production activity described in the notification was authorized, subject to the FTZ Act and the FTZ Board's regulations, including Section 400.14.                

Dated: October 2, 2017.

Andrew McGilvray,

Executive Secretary.

[FR Doc. 2017-21467 Filed 10-4-17; 8:45 am]

BILLING CODE 3510-DS-P
#### Hani Chen, Appellant, v City of New York, Respondent, et al., Defendants.

[863 NYS2d 373]

In an action to recover damages for personal injuries, the plaintiff appeals, as limited by her brief, from so much of a judgment of the Supreme Court, Kings County (Balter, J.), dated November 14, 2006, as, upon a jury verdict, is in favor of the defendant City of New York and against her, dismissing the complaint insofar as asserted against that defendant.

Ordered that the judgment is affirmed insofar as appealed from, without costs or disbursements.

The contentions raised by the plaintiff do not require reversal. Lifson, J.E, Florio, Garni and Belen, JJ., concur.
<PAGE>
 
                                                                    Exhibit 21.1


                             PRI AUTOMATION, INC.
                                 SUBSIDIARIES

<TABLE> 
<CAPTION> 
Name                                        Jurisdiction of Incorporation
----                                        -----------------------------
<S>                                         <C> 
PRI Automation SARL                         France
PRI Automation Ireland, Inc.                Ireland
PRI Automation Korea, Inc.                  Korea
PRI Automation Taiwan Ltd.                  Taiwan
PRI Automation LTD                          United Kingdom
PRI Automation Israel, Inc.                 Israel
Precision Robots FSC, Inc.                  U.S. Virgin Islands
PRI Security Corporation                    Massachusetts
PRI Automation GmbH                         Germany (incorporated on 1/12/98)
</TABLE>
[Federal Register Volume 82, Number 201 (Thursday, October 19, 2017)]
[Notices]
[Page 48724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22653]



[[Page 48724]]

=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 731-TA-313-314, 317, and 379 (Fourth Review)]


Brass Sheet and Strip From France, Germany, Italy, and Japan; 
Determinations

    On the basis of the record \1\ developed in the subject five-year 
reviews, the United States International Trade Commission 
(``Commission'') determines, pursuant to the Tariff Act of 1930 (``the 
Act''), that revocation of the antidumping duty orders on brass sheet 
and strip from France, Germany, Italy, and Japan would be likely to 
lead to continuation or recurrence of material injury to an industry in 
the United States within a reasonably foreseeable time.
---------------------------------------------------------------------------

    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
---------------------------------------------------------------------------

Background

    The Commission, pursuant to section 751(c) of the Act (19 U.S.C. 
1675(c)), instituted these reviews on March 1, 2017 (82 FR 12238) and 
determined on June 5, 2017 that it would conduct expedited reviews (82 
FR 32871, July 18, 2017).
    The Commission made these determinations pursuant to section 751(c) 
of the Act (19 U.S.C. 1675(c)). It completed and filed its 
determinations in these reviews on October 13, 2017. The views of the 
Commission are contained in USITC Publication 4733 (October 2017), 
entitled Brass Sheet and Strip from France, Germany, Italy, and Japan: 
Investigation Nos. 731-TA-313-314, 317, and 379 (Fourth Review).

    By order of the Commission.

    Issued: October 13, 2017.
Jessica Mullan,
Attorney Advisor.
[FR Doc. 2017-22653 Filed 10-18-17; 8:45 am]
 BILLING CODE 7020-02-P
June 27 , 2013



### JUDGMENT 

## The Fourteenth Court of Appeals

STATE OF TEXAS , Appellant

NO. 14

- 12

- 00782

- CV V.

JOHN W. COOK AND MAR C COOK , Appellee s

________________________________ Today the Court heard the parties ’ joint motion to dismiss the appeal from the judgment signed by the court below on July 26, 2012. Having considered the motion and found it meritorious, we order the appeal DISMISSED

. We further order that each party shall pay its costs by reason of this appeal. We further order that mandate be issued immediately. We further order this decision certified below for observance.
```

[Federal Register Volume 82, Number 198 (Monday, October 16, 2017)]
[Notices]
[Pages 48104-48105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22246]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health

National Cancer Institute; Notice of Closed Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Cancer Institute Special Emphasis 
Panel; Translational Studies on Adducts For Cancer Risk 
Identification and Prevention.
    Date: November 8, 2017.
    Time: 1:00 p.m. to 2:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Cancer Institute, Shady Grove, 9609 Medical 
Center Drive, Room 7W108, Rockville, MD 20850, (Telephone Conference 
Call).

[[Page 48105]]

    Contact Person: Clifford W. Schweinfest, Ph.D., Scientific 
Review Officer, Special Review Branch, Division of Extramural 
Activities, National Cancer Institute, NIH, 9609 Medical Center 
Drive, Room 7W108, Bethesda, MD 20892-9750, 240-276-6343, 
[email protected].

(Catalogue of Federal Domestic Assistance Program Nos. 93.392, 
Cancer Construction; 93.393, Cancer Cause and Prevention Research; 
93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer 
Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer 
Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer 
Control, National Institutes of Health, HHS)

    Dated: October 10, 2017.
Melanie J. Pantoja,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2017-22246 Filed 10-13-17; 8:45 am]
 BILLING CODE 4140-01-P
```
<TABLE> <S> <C>

<ARTICLE> 9

<S>                             <C>
<PERIOD-TYPE>                                3-MOS
<FISCAL-YEAR-END>                      DEC-31-2000
<PERIOD-START>                         JAN-01-2000
<PERIOD-END>                           MAR-31-2000
<CASH>                                  34,818,742
<INT-BEARING-DEPOSITS>                  28,494,723
<FED-FUNDS-SOLD>                                 0
<TRADING-ASSETS>                        14,966,981
<INVESTMENTS-HELD-FOR-SALE>          1,024,393,770
<INVESTMENTS-CARRYING>                  27,774,120
<INVESTMENTS-MARKET>                    26,912,206
<LOANS>                              1,714,800,299
<ALLOWANCE>                              9,520,042
<TOTAL-ASSETS>                       3,121,835,129
<DEPOSITS>                           1,434,860,852
<SHORT-TERM>                         1,364,403,014
<LIABILITIES-OTHER>                     47,341,936
<LONG-TERM>                                      0
<PREFERRED-MANDATORY>                            0
<PREFERRED>                             75,000,000
<COMMON>                                41,048,135
<OTHER-SE>                             159,181,192
<TOTAL-LIABILITIES-AND-EQUITY>       3,121,835,129
<INTEREST-LOAN>                         36,728,899
<INTEREST-INVEST>                       11,364,540
<INTEREST-OTHER>                         5,207,548
<INTEREST-TOTAL>                        53,282,987
<INTEREST-DEPOSIT>                      17,026,210
<INTEREST-EXPENSE>                      36,522,978
<INTEREST-INCOME-NET>                   16,760,009
<LOAN-LOSSES>                            1,350,000
<SECURITIES-GAINS>                        (142,817)
<EXPENSE-OTHER>                         20,072,469
<INCOME-PRETAX>                         11,761,484
<INCOME-PRE-EXTRAORDINARY>              11,761,484
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                             9,487,230
<EPS-BASIC>                                   0.28
<EPS-DILUTED>                                 0.28
<YIELD-ACTUAL>                                7.72
<LOANS-NON>                             59,950,411
<LOANS-PAST>                               422,492
<LOANS-TROUBLED>                                 0
<LOANS-PROBLEM>                         66,216,714
<ALLOWANCE-OPEN>                         8,970,005
<CHARGE-OFFS>                            1,026,608
<RECOVERIES>                               226,045
<ALLOWANCE-CLOSE>                        9,520,042
<ALLOWANCE-DOMESTIC>                     9,520,042
<ALLOWANCE-FOREIGN>                              0
<ALLOWANCE-UNALLOCATED>                          0


</TABLE>
[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Notices]
[Page 47788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22149]


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

DEPARTMENT OF STATE

[Public Notice: 10157]


Notice of Determinations; Culturally Significant Objects Imported 
for Exhibition Determinations: ``Repentant Monk: Illusion and 
Disillusion in the Art of Chen Hongshou'' Exhibition

SUMMARY: Notice is hereby given of the following determinations: I 
hereby determine that certain objects to be included in the exhibition 
``Repentant Monk: Illusion and Disillusion in the Art of Chen 
Hongshou,'' imported from abroad for temporary exhibition within the 
United States, are of cultural significance. The objects are imported 
pursuant to a loan agreement with the foreign owner or custodian. I 
also determine that the exhibition or display of the exhibit objects at 
the University of California, Berkeley Art Museum and Pacific Film 
Archive, Berkeley, California, from on or about October 27, 2017, until 
on or about January 28, 2018, and at possible additional exhibitions or 
venues yet to be determined, is in the national interest.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of the imported objects, contact Elliot Chiu in the Office of the 
Legal Adviser, U.S. Department of State (telephone: 202-632-6471; 
email: <a href="/cdn-cgi/l/email-protection#186b7d7b6c7177762a2c2d21586b6c796c7d367f776e"><span class="__cf_email__" data-cfemail="34475157405d5b5a0600010d7447405540511a535b42">[email protected]</span></a>). The mailing address is U.S. Department 
of State, L/PD, SA-5, Suite 5H03, Washington, DC 20522-0505.

SUPPLEMENTARY INFORMATION: The foregoing determinations were made 
pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the 
Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, 
et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 
of October 1, 1999, Delegation of Authority No. 236-3 of August 28, 
2000 (and, as appropriate, Delegation of Authority No. 257-1 of 
December 11, 2015). I have ordered that Public Notice of these 
determinations be published in the Federal Register.

 Alyson Grunder,
Deputy Assistant Secretary for Policy, Bureau of Educational and 
Cultural Affairs, Department of State.
[FR Doc. 2017-22149 Filed 10-12-17; 8:45 am]
 BILLING CODE 4710-05-P


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</html>
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

THE STATE OF TEXAS,

 

 State,

v.

SATDIEL JEREMY DOMINGUEZ,

 Appellee.

§

§

§

§

§

§

§

No. 08-21-00036-CR

Appeal from the

112th District Court

of Pecos County, Texas 

(TC# P-3968-112-CR)

O R D E R

The companion mandamus In Re: The State of Texas, cause no. 08-21-00106-CR, was 

resolved on June 30, 2021. Therefore, the appeal is reinstated, and the State’s brief is now due 

July 31, 2021.

IT IS SO ORDERED this 1st day of July, 2021.

PER CURIAM

Before Rodriguez, C.J., Palafox and Alley, JJ.
##### 



Exhibit 31.1
 CERTIFICATION PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
      a)
    
    Designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, 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 report is being prepared;b)
    
    Designed such internal control over financial reporting, or caused such
internal control over financial reporting to be designed 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 Registrants disclosure controls and
procedures and presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures, as of the end of the period covered by this report
based on such evaluation; andd)
    
    Disclosed in this report any change in the Registrants internal control over
financial reporting that occurred during the Registrants most recent fiscal quarter
that has materially affected, or is reasonably likely to materially effect, the
Registrants internal control over financial reporting; and
  a)
    
    All significant deficiencies and material weaknesses in the design or operation
of internal control over financial reporting which are reasonably likely to adversely
affect the Registrants ability to record, process, summarize and report financial
information; andb)
    
    Any fraud, whether or not material, that involves management or other employees
who have a significant role in the Registrants internal control over financial
reporting.
  By:
    
    /s/ James C. Mastandrea

     James C. MastandreaChairman of the Board, Chief ExecutiveOfficer and President(Chief Executive Officer)