alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### David Carson HAINES, and crab fishermen affected in the crew lists of the Alaska Crab Coaliation, and any other interested parties, Plaintiff—Appellant, v. SELENDANG AYU M/V, her tackle, appurtenances, cargo, in rem; et al., Defendants—Appellees.

No. 09-36074.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Nov. 1, 2010.

Filed Nov. 8, 2010.

Horton Smith, Esquire, Horton Smith, P.S., Seattle, WA, Marja Starczewski, Law Office of Marja Starczewski, Wenatchee, WA, Anthony Martin Urie, I, Esquire, Law Office of Anthony Urie, PLLC, Shoreline, WA, for Plaintiff-Appellant.

Robert J. Bocko, Esquire, Molly J. Henry, Esquire, Nicolas J. Vikstrom, Esquire, Keesal Young & Logan, Seattle, WA, Robert J. Bocko, Esquire, Molly J. Henry, Esquire, Nicolas J. Vikstrom, Esquire, for Defendants-Appellees.

Appeal from the United States District Court for the Western District of Washington, Ricardo S. Martinez, District Judge, Presiding. D.C. No. 2:07-cv-01963-RSM.

Before: B. FLETCHER, FERNANDEZ and BYBEE, Circuit Judges.

MEMORANDUM *

On December 8, 2004, the *M/V Selendang Ayu*ran aground on one of the Aleutian Islands of Alaska, spilling its bunker fuel and its cargo of soybeans into the Bering Sea. Almost three years later, plaintiff David Haines sued the owner and the operator of the vessel in Washington, alleging he was damaged when the resulting oil spill created a market panic and caused the price of crab to decline. The district court dismissed for lack of personal jurisdiction and we affirm.

Haines argues there is (1) general jurisdiction; (2) specific jurisdiction; and (3) nationwide jurisdiction over the defendants in Washington. We disagree. First, there is no general jurisdiction in Washington because defendants’ contacts with Washington have not been substantial or continuous and systematic. *See Bancroft & Masters, Inc. v. Augusta Nat'l, Inc.,*223 F.3d 1082, 1086 (9th Cir.2000). Second, *195there is no specific jurisdiction in Washington because Haines’s claims did not arise from and are unrelated to the defendants’ Washington activities.1*See Scott v. Breeland,*792 F.2d 925, 928-29 (9th Cir.1986). Third, defendants are not subject to nationwide jurisdiction under Fed.R.Civ.P. 4(k)(2) because they concede jurisdiction is proper in Alaska. *See Holland Am. Line Inc. v. Wartsila N. Am. Inc.,*485 F.3d 450, 461 (9th Cir.2007).

AFFIRMED.

*

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

1

. Haines argues for the first time on appeal that his claims result from defendants’ activities in Washington because the defendants failed to properly inspect the vessel's engine prior to the vessel's departing Seattle. Because this argument was not presented to the district court, it has been waived. *See Gribben v. United Parcel Serv., Inc.,*528 F.3d 1166, 1171 (9th Cir.2008).
{"version":"1.0","provider_name":"Federal Maritime Commission","provider_url":"https:\/\/www.fmc.gov","author_name":"Carl Savoy","author_url":"https:\/\/www.fmc.gov\/author\/csavoy\/","title":"FMC MAY 2023 ACTIVITY REPORT","type":"rich","width":600,"height":338,"html":"<blockquote class=\"wp-embedded-content\" data-secret=\"CFDU9zIciT\"><a href=\"\/fmc-may-2023-activity-report\/\">FMC MAY 2023 ACTIVITY REPORT<\/a><\/blockquote><iframe sandbox=\"allow-scripts\" security=\"restricted\" src=\"\/fmc-may-2023-activity-report\/embed\/#?secret=CFDU9zIciT\" width=\"600\" height=\"338\" title=\"“FMC MAY 2023 ACTIVITY REPORT” — Federal Maritime Commission\" data-secret=\"CFDU9zIciT\" frameborder=\"0\" marginwidth=\"0\" marginheight=\"0\" scrolling=\"no\" class=\"wp-embedded-content\"><\/iframe><script type=\"text\/javascript\">\n\/*! This file is auto-generated *\/\n!function(c,l){\"use strict\";var e=!1,o=!1;if(l.querySelector)if(c.addEventListener)e=!0;if(c.wp=c.wp||{},c.wp.receiveEmbedMessage);else if(c.wp.receiveEmbedMessage=function(e){var t=e.data;if(!t);else if(!(t.secret||t.message||t.value));else if(\/[^a-zA-Z0-9]\/.test(t.secret));else{for(var r,s,a,i=l.querySelectorAll('iframe[data-secret=\"'+t.secret+'\"]'),n=l.querySelectorAll('blockquote[data-secret=\"'+t.secret+'\"]'),o=0;o<n.length;o++)n[o].style.display=\"none\";for(o=0;o<i.length;o++)if(r=i[o],e.source!==r.contentWindow);else{if(r.removeAttribute(\"style\"),\"height\"===t.message){if(1e3<(s=parseInt(t.value,10)))s=1e3;else if(~~s<200)s=200;r.height=s}if(\"link\"===t.message)if(s=l.createElement(\"a\"),a=l.createElement(\"a\"),s.href=r.getAttribute(\"src\"),a.href=t.value,a.host===s.host)if(l.activeElement===r)c.top.location.href=t.value}}},e)c.addEventListener(\"message\",c.wp.receiveEmbedMessage,!1),l.addEventListener(\"DOMContentLoaded\",t,!1),c.addEventListener(\"load\",t,!1);function t(){if(o);else{o=!0;for(var e,t,r,s=-1!==navigator.appVersion.indexOf(\"MSIE 10\"),a=!!navigator.userAgent.match(\/Trident.*rv:11\\.\/),i=l.querySelectorAll(\"iframe.wp-embedded-content\"),n=0;n<i.length;n++){if(!(r=(t=i[n]).getAttribute(\"data-secret\")))r=Math.random().toString(36).substr(2,10),t.src+=\"#?secret=\"+r,t.setAttribute(\"data-secret\",r);if(s||a)(e=t.cloneNode(!0)).removeAttribute(\"security\"),t.parentNode.replaceChild(e,t);t.contentWindow.postMessage({message:\"ready\",secret:r},\"*\")}}}}(window,document);\n<\/script>\n"}
{"version":"1.0","provider_name":"Federal Maritime Commission","provider_url":"https:\/\/www.fmc.gov","author_name":"Catie-Megan Moran","author_url":"https:\/\/www.fmc.gov\/author\/cmoranfmc-gov\/","title":"FMC Conducting Network Maintenance Impacting Applications on Saturday April 6, 2024","type":"rich","width":600,"height":338,"html":"<blockquote class=\"wp-embedded-content\" data-secret=\"bPcb9l1KDd\"><a href=\"\/fmc-conducting-network-maintenance-impacting-applications-on-saturday-april-6-2024\/\">FMC Conducting Network Maintenance Impacting Applications on Saturday April 6, 2024<\/a><\/blockquote><iframe sandbox=\"allow-scripts\" security=\"restricted\" src=\"\/fmc-conducting-network-maintenance-impacting-applications-on-saturday-april-6-2024\/embed\/#?secret=bPcb9l1KDd\" width=\"600\" height=\"338\" title=\"“FMC Conducting Network Maintenance Impacting Applications on Saturday April 6, 2024” — Federal Maritime Commission\" data-secret=\"bPcb9l1KDd\" frameborder=\"0\" marginwidth=\"0\" marginheight=\"0\" scrolling=\"no\" class=\"wp-embedded-content\"><\/iframe><script type=\"text\/javascript\">\n\/*! This file is auto-generated *\/\n!function(c,l){\"use strict\";var e=!1,o=!1;if(l.querySelector)if(c.addEventListener)e=!0;if(c.wp=c.wp||{},c.wp.receiveEmbedMessage);else if(c.wp.receiveEmbedMessage=function(e){var t=e.data;if(!t);else if(!(t.secret||t.message||t.value));else if(\/[^a-zA-Z0-9]\/.test(t.secret));else{for(var r,s,a,i=l.querySelectorAll('iframe[data-secret=\"'+t.secret+'\"]'),n=l.querySelectorAll('blockquote[data-secret=\"'+t.secret+'\"]'),o=0;o<n.length;o++)n[o].style.display=\"none\";for(o=0;o<i.length;o++)if(r=i[o],e.source!==r.contentWindow);else{if(r.removeAttribute(\"style\"),\"height\"===t.message){if(1e3<(s=parseInt(t.value,10)))s=1e3;else if(~~s<200)s=200;r.height=s}if(\"link\"===t.message)if(s=l.createElement(\"a\"),a=l.createElement(\"a\"),s.href=r.getAttribute(\"src\"),a.href=t.value,a.host===s.host)if(l.activeElement===r)c.top.location.href=t.value}}},e)c.addEventListener(\"message\",c.wp.receiveEmbedMessage,!1),l.addEventListener(\"DOMContentLoaded\",t,!1),c.addEventListener(\"load\",t,!1);function t(){if(o);else{o=!0;for(var e,t,r,s=-1!==navigator.appVersion.indexOf(\"MSIE 10\"),a=!!navigator.userAgent.match(\/Trident.*rv:11\\.\/),i=l.querySelectorAll(\"iframe.wp-embedded-content\"),n=0;n<i.length;n++){if(!(r=(t=i[n]).getAttribute(\"data-secret\")))r=Math.random().toString(36).substr(2,10),t.src+=\"#?secret=\"+r,t.setAttribute(\"data-secret\",r);if(s||a)(e=t.cloneNode(!0)).removeAttribute(\"security\"),t.parentNode.replaceChild(e,t);t.contentWindow.postMessage({message:\"ready\",secret:r},\"*\")}}}}(window,document);\n<\/script>\n"}
Exhibit 32.2

DIGIMARC CORPORATION    CERTIFICATION

In connection with the periodic report of Digimarc Corporation (the "Company") on Form 10-Q for the period ended June 30, 2003 as filed
with the Securities and Exchange Commission (the "Report"), I, E.K. Ranjit, Chief Financial Officer of the Company, hereby certify as of the date hereof, solely for purposes of Title 18, Chapter 63,
Section 1350 of the United States Code, that to the best of my knowledge:



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 required by Section 906, 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.

This
Certification has not been, and shall not be deemed, "filed" with the Securities and Exchange Commission.

Date:
August 14, 2003

| |  | By: | /s/E.K. RANJITE.K. Ranjit Chief Financial Officer
| |  | --- | -------------------------------------------------

---

QuickLinks
#### Anthony T. LEE, Petitioner, v. DEPARTMENT OF the ARMY, Respondent.

No. 2010-3176.

United States Court of Appeals, Federal Circuit.

Nov. 19, 2010.

*529Anthony Lee, Jacksonville, FL, pro se.

Jeffrey D. Klingman, Department of Justice, Washington, DC, for Respondent.

ON MOTION

ORDER

Anthony T. Lee moves without opposition for leave to proceed in forma pauperis.

We note that on September 17, 2010 this court received notice that Lee’s petition was then pending before the Merit Systems Protection Board. On October 26, 2010, the Board issued an order dismissing Lee’s petition on the ground that he moved to withdraw to seek review in this court.

Upon consideration thereof,

It Is Ordered That:

(1) The motion for leave to proceed in forma pauperis is granted.

(2) The Department of the Army should calculate the due date for its brief from the date of filing of this order.
EXHIBIT 32.1


CERTIFICATION
FURNISHED PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002
  
  In
connection with the annual report of Duke Mining Company, Inc. (the “Company”) on Form
10-K/A for the period ended November 30, 2009, as filed with the Securities and
Exchange Commission and to which this Certification is an exhibit (the “Report”), the
undersigned officer of the Company does hereby certify, pursuant to Rule
15d-14(b) of the Securities and Exchange Act of 1934, as amended, and Section
1350 of Chapter 63 of Title 18 of the United States Code 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to
her knowledge:
  (1)   The
Report 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 Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.
 
 Date:
March 5, 2010
  By:
              /s/ Benjamin MayerName:
              Benjamin
      MayerTitle:
              President
      and Chief Executive Officer (Principal Executive
  Officer)
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 Annual Report of NewCardio, Inc. (the “Company”) on Form
10-K for the period ended December 31, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Richard Brounstein,
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 results of operations of the
      Company.





A
signed original of this written statement required by Section 906 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.





The foregoing certification is being
furnished solely to accompany the Report pursuant to 18 U.S.C. section 1350 and
is not being filed for purposes of Section 18 of the Securities Exchange Act of
1934, as amended, and is not to be incorporated by reference into any filing of
the Company, whether made before or after the date hereof, regardless of any
general incorporation language in such filing.





Dated:  February
      23, 2010
            By:
            /s/
      Richard
      BrounsteinRichard
      BrounsteinChief
      Financial Officer(Principal
      Financial and Accounting Officer)
EX-35 (c)
(logo) WELLS FARGO

Corporate Trust Services
MAC N2702-011
9062 01d Annapolis Road
Columbia, MD 21045
410 884-2000
410 715-2380 Fax

Wells Fargo Bank, N.A.

March 24, 2007

Ace Securities Corporation
AMACAR GROUP
6525 Morrison Boulevard, Suite 318
Charlotte, NC 28211

RE: Annual Statement As To Compliance for ACE Securities Corp. Home Equity Loan
    Trust, Series  2006-SD1

Per Section 4.15 of the Pooling and Servicing Agreement, dated as of 3/27/2006,
the undersigned Officer of Wells Fargo Bank, N.A., (Securities Administrator),
hereby certifies the following for the 2006 calendar year or portion thereof:

(A) a review of such party's activities during the preceding calendar year or
    portion thereof and of such party's performance under this Agreement has
    been made under such officer's supervision and to the best of such
    officer's knowledge, based on such review, such party has fulfilled all its
    obligations under this Agreement, or

(B) to the best of such officer's knowledge, based on such review, such party
    has fulfilled all its obligations under this Agreement in all material
    respects throughout such year or portion thereof, or, if there has been a
    failure to fulfill any such obligation in any material respect, specifying
    each such failure known to such officer and the nature and status thereof.


Certified By:
/s/Scott Strack
Scott Strack, Vice President


Certified By:
/s/Gordon Johnson
Gordon Johnson, Assistant Secretary
FEDERAL MARITIME COMMISSION 800 North Capitol Street, N.W.

 Washington, DC 20573-0001

Phone: (202) 523-5725

Secretary@FMC.gov

August 4, 2023

Mr. Michael Symonanis

Chair, National Shipper Advisory Committee

Dear Chairman Symonanis:

On behalf of the Federal Maritime Commission (Commission), this letter responds to the below 

Recommendation of the National Shipper Advisory Committee (NSAC) submitted to the Commission

on June 5, 2023. 

NSAC Recommendation:

Comment to Federal Maritime Commission (FMC) Docket No. FMC-2022-0066; NPRM 

Demurrage and Detention Billing Practices:

We, the National Shipper Advisory Committee, recommend the final rule issued under § 

541.3 for Demurrage and Detention expands the definition of demurrage or detention to 

mean “...any charges, including ‘per diem’ charges, assessed by or on behalf of ocean 

common carriers, marine terminal operators, or non-vessel-operating common carriers 

related to the use of marine terminal space (e.g., land) or shipping containers, but not 

including freight charges”. Recommended text changes for § 541.3 are the insertion of: ‘or 

on behalf of’, and, striking the word ‘marine’ as above.

Commission Response:

Thank you for your comment. The Notice of Proposed Rulemaking on Detention and 

Demurrage billing practices (NPRM) is responsive to a requirement of the Ocean Shipping Reform Act 

of 2022 (OSRA) and was issued by the Commission on October 14, 2022. The Commission received 

approximately 185 comments in response to the NPRM, and it is still under review. The Commission 

has placed the above comment from NSAC into the docket, and it will be considered as part of that 

process, along with the other comments received. 

Further, per the requirements set forth in the legislation establishing the NSAC, this

recommendation has been published on the Commission’s website and will be submitted to the 

appropriate Congressional committees. Please direct any questions regarding this response to the 

NSAC Designated Federal Officer.

Sincerely, 

 

 William Cody

Secretary
Table of Contents


Exhibit 13.5
CERTIFICATION PURSUANT TO 18 U.S.C.  SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE U.S. SARBANES‐OXLEY ACT OF 2002 In connection with the Annual Report of TAM Capital Inc. (the "Company") on Form 20‐F for the fiscal year ended December 31, 2009, as filed with the U.S. Securities and Exchange Commission on the date hereof (the "Report"), I, Líbano Miranda Barroso, Chief Executive Officer, certify, pursuant to 18 U.S.C.  section 1350, as adopted pursuant to section 906 of the U.S. Sarbanes‐Oxley Act of 2002, that to the best of my knowledge: (i)            the Report fully complies with the requirements of section 13(a) or 15(d) of the U.S. 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:  June 30, 2010 By:/s/ Líbano Miranda BarrosoLíbano Miranda Barroso
Chief Executive Officer


---
FEDERAL MARITIME COMMISSION 

Ocean Transportation Intermediary 

Foreign NVOCC Registration Terminations/Suspensions

August 2019

Muller + Partner GMBH

Org No.: 025726

Address: Heinrichstr 79

Fulda 36037

Germany

Termination: August 21, 2019

Reason: Failed to maintain a valid bond

NCL Container Lines Co., Ltd. 

Org No.: 017265

Address: 63, Yanghwa-Ro 3 Gil

Mapo-Gu

Seoul

South Korea 121-887

Termination: August 16, 2019

Reason: Failed to maintain a valid bond

Prime Cargo A/S

Org No.: 023872

Address: Profilvej 4

Kolding DK-6000

Denmark

Termination: August 30, 2019

Reason: Failed to maintain a valid bond
#### Jose Alfonso Palacios HERNANDEZ; et al., Petitioners, v. Michael B. MUKASEY, Attorney General, Respondent.

No. 07-74418.

United States Court of Appeals, Ninth Circuit.

Submitted May 12, 2008.*

Filed May 15, 2008.

Jose Alfonso Palacios Hernandez, pro se.

Elisa Palacios, pro se.

Yanet Palacios Munoz, pro se.

Yabin Palacios Munoz, pro se.

Nicole N. Murley, U.S. Department of Justice, Civil Div./Office of Immigration Lit., Washington, DC, District Counsel, Office of the District Counsel, Department of Homeland Security, Los Angeles, CA, Ronald E. Lefevre, Office of the District Counsel, Department of Homeland Security, San Francisco, CA, for Respondent.

Before: KOZINSKI, Chief Judge, THOMAS and CALLAHAN, Circuit Judges.

*

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

MEMORANDUM **

Petitioners challenge a Board of Immigration Appeals’ (“BIA”) order denying their motion to reopen and reconsider.

We review the denial of motions to reopen and reconsider for abuse of discretion. *See Cano-Merida v. INS,*311 F.3d 960, 964 (9th Cir.2002). A review of the administrative record demonstrates that the minor petitioners have presented no evidence that they have a qualifying relative for purposes of cancellation of removal as defined in 8 U.S.C. § 1229b(b)(l)(D). *See Molina-Estrada v. INS,*293 F.3d 1089, 1093-94 (9th Cir.2002). The BIA did not abuse its discretion in denying petitioners’ motion because the minor petition*750ers were ineligible for cancellation of removal. Accordingly, respondent’s motion for summary disposition is granted as to the minor petitioners because the questions raised by this petition for review are so insubstantial as not to require further argument. *See United States v. Hooton,*693 F.2d 857, 858 (9th Cir.1982) (per curiam).

As to the adult petitioners’ challenge to the denial of their motion to reopen and reconsider, respondent’s motion to dismiss is granted because the court lacks jurisdiction to review the Board of Immigration Appeals’ denial of a motion to reopen and reconsider for failure to establish a prima facie case of eligibility if a prior adverse discretionary hardship decision was made by the agency. *See*8 U.S.C. § 1252(a)(2)(B)(i); *Fernandez v. Gonzales,*439 F.3d 592, 601 (9th Cir.2006).

The temporary stay of removal confirmed by Ninth Circuit General Order 6.4(e) shall continue in effect until issuance of the mandate.

The motion for stay of voluntary departure, filed after the departure period had expired, is denied. *See Garcia v. Ashcroft,*368 F.3d 1157 (9th Cir.2004).

All other pending motions are denied as moot.

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

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

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

       In connection with the Annual Report of Nortia Capital
Partners, Inc. (the "Company"), on Form 10-QSB for the period ending
July 31, 2007, as filed with the Securities and Exchange Commission on
the date hereof (the "Report"), I, Bruce A. Hall, Chief Financial
Officer of the Company, certify, to the best of my knowledge, Pursuant
to Exchange Act Rule 15d-14(b) and 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes Oxley Act of 2002,

       i.   The Report fully complies with the requirements of
Sections 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.


/s/ BRUCE A. HALL
----------------------------------------
Bruce A. Hall, Chief Financial Officer
Date:   September 5, 2007
**Exhibit 32.2**

 

CERTIFICATION OF CHIEFFINANCIAL OFFICER

 

Pursuant to Section 906of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §1350)

 

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.§1350), the undersigned, Yaron Garmazi, Chief Financial Officer of NessTechnologies, Inc., a Delaware corporation (the “Company”), does herebycertify, to his knowledge, that:

 

The Quarterly Report on Form 10-Q for the fiscal quarter ended March31, 2005 of the Company (the “Report”) fully complies with the requirements ofsection 13(a) or 15(d) of the Securities Exchange Act of 1934, and theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
|   | /s/ YARON  GARMAZI      |   |
|--------|-------------------------|--------|
|   | Yaron Garmazi           |
|   | Chief Financial Officer |
|   | May 16, 2005            |

 

----