alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
The following Compromise Agreement is a true copy
 

of the signed agreement.
 

If you require a copy of a signed agreement(s), please 

contact the Commission’s Office of the Secretary, 

202-523-5725.
 
 

 

 

 

 

 

 

 

 

 

 

 

 

COMPROMISE AGREEMENT 

FMC File No. 17143 

This Agreement is entered into between: 

(1) The Federal Maritime Commission, hereinafter referred to as Commission, and 

(2) N/J International, Inc., hereafter referred to as Respondent. 

WHEREAS, the Commission is considering the initiation of an assessment proceeding 

against Respondent for the recovery of civil penalties for alleged violation of 46 C.F.R. 

515.18(c). 

WHEREAS, such a proceeding would be based on the Commission’s allegation that 

Respondent engaged in certain practices, to wit: 

Respondent operated without a Qualifying Individual as required 

under 46 C.F.R. 515, for a period in excess of one year. 

WHEREAS, the Commission is authorized under section 13(c) of the 1984 Act, 46 

U.S.C. § 41109(c), and Subpart W of the Commission’s Rules of Practice and Procedure, 46 

C.F.R. § 502.604, et seq. to compromise and collect civil penalties arising for the alleged 

violation set forth and described above; and 

WHEREAS, Respondent has terminated the practice which was the basis of the alleged 

violation set forth herein, and has committed to maintaining measures designed to eliminate such 

practice in the future; and 
 

 

 

 

 

 

 

 

WHEREAS, Respondent has cooperated and disclosed to the Commission information, 

facts, and documents relevant to its transportation activities and practices; and 

NOW THEREFORE, in consideration of the premises herein, and in compromise of all 

civil penalties arising from the alleged violation set forth and described herein, Respondent and 

the Commission hereby agree upon the following terms of settlement: 

1.	 Respondent shall make payment to the Commission by cashier’s check in the total 

amount of $22,500. 

2.	 This instrument shall forever bar the commencement or institution of any 

assessment proceeding or other claim for recovery of civil penalties from 

Respondent, its officers, directors, employees, or agents arising from the alleged 

violation set forth above that occurred for a period in excess of one year prior to 

March 18, 2015. 

3.	 It is expressly understood that this Agreement is not, and is not to be construed as, 

an admission by Respondent to the alleged violation set forth above. 

2
 
 

 

 ____________________________________ 

 

 

 

 ____________________________________ 

 

4.	 This agreement is subject to approval by the Commission’s Managing Director in 

accordance with 46 C.F.R. § 502.604. 

N/J International, Inc. 

Signature: __________________________ 

Printed Name: ______________________ 

Title: ______________________________ 

Date: ______________________________ 

APPROVAL AND ACCEPTANCE 

The above Terms and Conditions and Amount of Consideration are hereby approved and 

accepted: 

By the Federal Maritime Commission: 

Peter J. King, Director (Date) 

Bureau of Enforcement 

Vern W. Hill (Date) 

Managing Director 

3
#### Beverly McNAMAR (Schmidt), Appellant, v. Commissioner of Social Security, Michael J. ASTRUE, Appellee.

No. 11-1267.

United States Court of Appeals, Eighth Circuit.

Submitted: July 28, 2011.

Filed: Aug. 2, 2011.

Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

[UNPUBLISHED]

PER CURIAM.

Beverly McNamar (Schmidt) appeals the district court’s1 adverse grant of summary judgment in an action she brought under 42 U.S.C. § 405(g). Upon careful review of the record, see *Montin v. Estate of Johnson,*636 F.3d 409, 412 (8th Cir.2011), we find no basis for overturning the district court’s well-reasoned decision.2 Accordingly, we affirm.

1

. The Honorable Patrick J. Schiltz, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Jeffrey J. Keyes, United States Magistrate Judge for the District of Minnesota.

2

. We decline to consider the new matters Ms. McNamar (Schmidt) raises on appeal. *See Stone v. Harry,*364 F.3d 912, 914-15 (8th Cir.2004).
EXHIBIT 32.2
                               ------------

                              CERTIFICATION
                     PURSUANT TO 18 U.S.C. SECTION 1350

    AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the accompanying Annual Report on Form 10-K (the
"Report") of AMCON Distributing Company (the "Company") for the fiscal year
ended September 30, 2008, I, Andrew C. Plummer, Vice President and Chief
Financial Officer of the Company, have executed this certification for
furnishing to the Securities and Exchange Commission.  I hereby certify 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.


Date: November 5, 2008        /s/ Andrew C. Plummer
                              -------------------------
                              Title: Vice President,
                               Chief Financial Officer
                               and Secretary



A signed original of this written statement required by Section 906 has been
provided to AMCON Distributing Company and will be retained by AMCON
Distributing Company and furnished to the Securities and Exchange Commission
or its staff upon request.
#### Elijah WHITE, Petitioner-Appellant, v. Debra DEXTER, Warden, Respondent-Appellee.

No. 09-16270.

United States Court of Appeals, Ninth Circuit.

Submitted Nov. 1, 2010.*

Filed Nov. 17, 2010.

Elijah White, pro se.

Justain Riley, Office of the California Attorney General, Sacramento, CA, for Respondent-Appellee.

Katherine L. Hart, Law Offices of Katherine L. Hart, Fresno, CA, for Petitioner-Appellant.

Before: HALL and THOMAS, Circuit Judges, and LASNIK, Chief District Judge.**

*

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

**

 The Honorable Robert S. Lasnik, Chief United States District Judge for the Western District of Washington, sitting by designation.

MEMORANDUM ***

Elijah White, a California state prisoner, appeals the district court’s denial of his habeas corpus petition. We affirm. Because the factual and procedural baekground is familiar to the parties, we need not recount it here.

I

White challenges the jury instructions as ambiguous. On federal habeas review, the question is not whether the instruction was deficient. Rather, the question is “whether the ailing instruction by itself so infected the entire trial that the resulting conviction violates due process.” *Estelle v. McGuire,*502 U.S. 62, 72, 112 S.Ct. 475, 116 L.Ed.2d 385 (1991) (quoting *Cupp v. Naughten,*414 U.S. 141, 147, 94 S.Ct. 396, 38 L.Ed.2d 368 (1973)). Here, the California Court of Appeal determined that White’s proposed definitions of residence and knowledge do not accurately reflect California law. We are bound by that determination. *Bradshaw v. Richey,*546 U.S. 74, 76, 126 S.Ct. 602, 163 L.Ed.2d 407 (2005). The state appellate court also determined that the “regularly resided” element was “squarely before the jury,” even though not separately enumerated in the jury instructions. This conclusion was not objectively unreasonable. 28 U.S.C. § 2254(d). Thus, the district court properly concluded that the jury instructions given by the state trial court did not violate White’s due process rights.

II

The California Court of Appeal’s conclusion that the term residence in Cal.Penal Code § 290 was not unconstitutionally vague was not an objectively unreasonable application of federal law. 28 U.S.C. § 2254(d). As the California Court of Appeal pointed out, the definition given to the jury was the same definition in the prevail*272ing case law prior to White’s arrest, and should have given him notice of what conduct was prohibited.

Ill

After thoroughly reviewing the record, and applying the appropriate standard of review, we conclude that there was sufficient evidence to support the verdict. *See Jackson v. Virginia,*443 U.S. 307, 326, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979) (explaining that a federal court may grant a petition for habeas corpus due to insufficient evidence if it finds that no rational trier of fact could have found proof of guilt beyond a reasonable doubt.).

AFFIRMED.

***

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
#### Russell C. JAY, Petitioner-Appellant, v. COMMISSIONER OF INTERNAL REVENUE, RespondentAppellee.

No. 07-70384.

United States Court of Appeals, Ninth Circuit.

Submitted April 22, 2008.*

Filed April 30, 2008.

Russell C. Jay, pro se.

Randolph L. Hutter, Eileen J. O’Connor, Jonathan S. Cohen, U.S. Department of Justice, Robert R. DiTrolio, Donald L. Korb, Washington, DC, for RespondentAppellee.

Before: GRABER, FISHER, and BERZON, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument and therefore denies Jay’s request for oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Russell C. Jay appeals pro se from the tax court’s order dismissing for failure to *574state a claim his petition challenging the Commissioner’s imposition of a levy in a collection action. We have jurisdiction pursuant to 26 U.S.C. § 7482(a)(1). We review de novo. *Grimes v. Commissioner-,*806 F.2d 1451, 1453 (9th Cir.1986) (per curiam). We affirm.

The tax court properly dismissed Jay’s petition for failure to state a claim because he did not set forth a clear and concise assignment of error or any facts demonstrating error in the Commissioner’s determinations. *See*Tax Ct. R. 34(b)(4); *Grimes,*806 F.2d at 1453-54.

The tax court also acted within its discretion when imposing a 26 U.S.C. § 6673 penalty against Jay for taking a frivolous position. *See Grimes,*806 F.2d at 1454.

Jay’s remaining contentions are unpersuasive.

Because the arguments raised in Jay’s appeal are frivolous and duplicate the arguments raised in his previous appeal, we grant the government’s request for $8,000 in sanctions, an amount not contested by Jay. *See*Fed. R.App. P. 38; *Grimes,*806 F.2d at 1454.

AFFIRMED.

**

 This disposition is not appropriate for publi*574cation and is not precedent except as provided by 9th Cir. R. 36-3.
EXHIBIT 32

                           BIG CAT MINING CORPORATION
                              A Nevada Corporation

                             CERTIFICATE PURSUANT TO
                             18 U.S.C. SECTION 1350
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of Big Cat Mining Corporation (the
"Company") on Form 10-QSB for the quarter ended January 31, 2004 as filed with
the Securities and Exchange Commission (the "Report"), we, Craig Christy,
President, Chief Executive Officer, and Phil Mudge, Chief Financial Officer,
certify, pursuant to 18 U.S.C. ss.ss. 1350, as adopted pursuant to ss.ss. 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.




Dated March 15, 2004                       /s/Craig Christy
                                           -------------------------------------
                                           Craig Christy,
                                           President and Chief Executive Officer


                                           /s/Phil Mudge
                                           -------------------------------------
                                           Phil Mudge,
                                           Chief Financial Officer
**EXHIBIT
        32.1**
  Section
        906 Certification by the Chief Executive Officer and Chief Financial Officer
  Each
        of
        Thomas J. Mazzarisi, Chief Executive Officer, and Stephen J. Schoepfer, Chief
        Financial Officer, of JAG Media Holdings, Inc., a Nevada corporation (the
        “Company”) hereby certifies pursuant to 18 U.S.C. ss. 1350, as added by ss. 906
        of the Sarbanes-Oxley Act of 2002, that, to their knowledge:
  (1)
        The
        Company’s periodic report on Form 10-QSB for the period ended April 30, 2008
        (“Form 10-QSB”) fully complies with the requirements of Section 13(a) or 15(d)
        of the Securities Exchange Act of 1934, as amended; and
  (2)
        The
        information contained in the Form 10-QSB fairly presents, in all material
        respects, the financial condition and results of operation of the Company.
  CHIEF
                  EXECUTIVE OFFICER
              
              CHIEF
                  FINANCIAL OFFICER/s/
                  Thomas J. Mazzarisi
              
              /s/
                  Stephen J. SchoepferName:
                  Thomas J. Mazzarisi
              
              Name:
                  Stephen J. SchoepferDate:
                  June 20, 2008
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO

18 U.S.C SECTION 1350

The
undersigned, John S. Bowers Jr., pursuant to 18 U.S.C. §1350, hereby certifies that:



| | (i) | the Annual Report on Form 10-K for the period ended December 31, 2008 of the Company (the Report) fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | (ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | ---- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |                                      
|-------------------- |  | -------------------------------------
|Date: March 18, 2009 |  | /s/    John S. Bowers Jr.            
|                     |  | John S. Bowers Jr.                   
|                     |  | President and Chief Executive Officer

The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and
is not being filed as part of the Report or as a separate disclosure document.
Exhibit 32.2
 
 CERTIFICATION OF PERIODIC REPORT
 
 
 The undersigned, Michael J. Lewis, who is the Chief Financial Officer of Collectors Universe, Inc. (the "Company"), hereby certifies that (i) the Quarterly Report on Form 10-Q for the quarter ended September 30, 2003, as filed by the Company with the Securities and Exchange Commission (the "Quarterly Report"), to which this Certification is an Exhibit, fully complies with the applicable requirements of Section 13(a) and 15(d) of the Exchange Act; and (ii) the information contained in this Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 
 
 
 
 
 Date:November 14, 2003

/s/ MICHAEL J. LEWISMichael J. LewisChief Financial OfficerA signed original of this written statement required by Section 906 has been provided to Collectors Universe, Inc. and will be retained by Collectors Universe, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
**CERTIFICATION      PURSUANT TO 18 U.S.C. SECTION 1350 ADOPTED PURSUANT TO SECTION 906 OF THE      SARBANES-OXLEY ACT OF 2002**

| 1.   | The                Report fully complies with the requirements of Section 13(a) or 15(d)                of                the Securities Exchange Act of 1934;                and |
|----------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

| /s/                Phillip C. ScottPhillip                C. ScottChief                Financial Officer February                26, 2007 |
|------------------------------------------------------------------------------------------------------------------------------------------------|
**Exhibit 31.1**

**CERTIFICATION**

I, George M.L. LaBranche, IV, hereby certify that: 

1. I have reviewed thisquarterly report on Form 10-Q of LaBranche & Co Inc.; 

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

3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly presentin all material respects the financial 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 and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) andinternal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have: 

(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 theregistrant, 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 thereliability 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; and 

(d) disclosed in this report any change inthe 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 affect, the registrant’s internal controlover financial reporting; and 

5. The registrant’s other certifying officer and I have disclosed, based on our mostrecent evaluation of internal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’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 financial reporting which arereasonably likely to adversely affect the registrant’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 the registrant’s internal control over financial reporting. 

Date: November 5, 2010 

 

 
-50-
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Notices]
[Page 48498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22661]


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

CONSUMER PRODUCT SAFETY COMMISSION


Sunshine Act Meeting Notice

TIME AND DATE:  Tuesday, October 24, 2017, 10:00 a.m.-12:00 p.m.

PLACE:  Hearing Room 420, Bethesda Towers, 4330 East-West Highway, 
Bethesda, MD.

STATUS:  Commission Meeting--Open to the Public.

MATTER TO BE CONSIDERED:  Decisional Matter: Fiscal Year 2018 Operating 
Plan.
    A live webcast of the Meeting can be viewed at https://www.cpsc.gov/live.

CONTACT PERSON FOR MORE INFORMATION:  Rockelle Hammond, Office of the 
Secretary, U.S. Consumer Product Safety Commission, 4330 East-West 
Highway, Bethesda, MD 20814, (301) 504-7923.

    Dated: October 13, 2017.
Alberta E. Mills,
Acting Secretary.
[FR Doc. 2017-22661 Filed 10-16-17; 4:15 pm]
 BILLING CODE 6355-01-P
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### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03

- 19

- 00340

- CV

In re Dr. Deborah D. Nance, Trustee for the John Reynolds Family Trust

ORIGINAL PROCEEDING FROM TRAVIS COUNTY

O R D E R

PER CURIAM

Relator Dr. Deborah D. Nance, Trustee for th e John Reynolds Family Trust

, has

filed a petition for writ of mandamus and an emergency motion to stay respondent’s order. See

Tex. R. App. P. 52.1, 52.10(a). We grant the motion and temporarily stay the trial court’s

May 3, 2019 order granting Entity D efendants’ motion to strike privilege assertions, pending

further order of this Court. See id . 52.10(b). The Court orders the real part ies in interest to file a

response to the petition for writ of mandamus on or before May 28, 2019

.

It is ordered on M ay 1 7 , 2019

.

Before Chief Justice Rose, Justices Kelly and Smith