alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
769 S.E.2d 675

#### In the Matter of John Wesley LOCKLAIR, III, Respondent.

Appellate Case Nos. 2015-000481, 2015-000482, 2015-000484.

Supreme Court of South Carolina.

March 6, 2015.

ORDER

The Office of Disciplinary Counsel petitions this Court to place respondent on interim suspension and/or to transfer him to incapacity inactive status pursuant to Rule 17 and Rule 28 of the Rules for Lawyer Disciplinary Enforcement (RLDE) contained in Rule 413 of the South Carolina Appellate Court *628Rules (SCACR). The petition also seeks the appointment of the Receiver, Peyre T. Lumpkin, pursuant to Rule 31, RLDE.

IT IS ORDERED that respondent’s license to practice law in this state is suspended and he is transferred to incapacity inactive status until further order of this Court.

Respondent is hereby enjoined from taking any action regarding any trust, escrow, operating, and any other law office account(s) respondent may maintain at any bank or other financial institution, including, but not limited to, making any withdrawal or transfer, or writing any check or other instrument on the account(s).

IT IS FURTHER ORDERED that Mr. Lumpkin is hereby appointed to assume responsibility for respondent’s client files, trust account(s), escrow account(s), operating aceount(s), and any other law office aceount(s) respondent may maintain. Mr. Lumpkin shall take action as required by Rule 31, RLDE, Rule 413, SCACR, to protect the interests of respondent’s clients. Mr. Lumpkin may make disbursements from respondent’s trust account(s), escrow account(s), operating accounts), and any other law office account(s) respondent may maintain that are necessary to effectuate this appointment. Respondent shall promptly respond to Mr. Lumpkin’s requests for information and/or documentation and shall fully cooperate with Mr. Lumpkin in all other respects.

Further, this Order, when served on any bank or other financial institution maintaining trust, escrow, operating, and/or any other law account(s) of respondent, shall serve as notice to the bank or other financial institution that Peyre T. Lumpkin has been duly appointed by this Court and that respondent is enjoined from making withdrawals or transfers from or writing any check or other instrument on any of the aceount(s).

This Order, when served on any office of the United States Postal Service, shall serve as notice that the Receiver, Peyre T. Lumpkin, Esquire, has been duly appointed by this Court and has the authority to receive respondent’s mail and the authority to direct that respondent’s mail be delivered to Mr. Lumpkin’s office.

*629Finally, the Court appoints Debra Chapman, Esquire, as Attorney to Assist the Receiver pursuant to Rule 31(h), RLDE.

The appointments shall be for a period of no longer than nine months unless an extension of the appointments is requested.

/s/Jean H. Toal, C.J.

FOR THE COURT
Exhibit 23.1

                         Consent of Independent Auditors

We consent to the  incorporation  by  reference in the  Registration  Statements
(Form  S-8 No.s  333-74635  and  333-74631)  pertaining  to the  Total  Research
Corporation 1995 and 1986 Stock Incentive Plans and in the related Prospectus of
our report dated September 21, 2000, with respect to the consolidated  financial
statements  and schedule of Total  Research  Corporation  included in the Annual
Report (Form 10-K) for the year ended June 30, 2000.


                                                      /s/ ERNST & YOUNG LLP


MetroPark, NJ
September 26, 2000
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM ADVO, INC'S.
FORM 10K FOR THE YEAR ENDED SEPTEMBER 27, 1997 AND IS QUALIFIED IN ITS ENTIRETY 
BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-27-1997
<PERIOD-START>                             SEP-29-1996
<PERIOD-END>                               SEP-27-1997
<CASH>                                          25,963
<SECURITIES>                                         0
<RECEIVABLES>                                   71,824
<ALLOWANCES>                                     5,160
<INVENTORY>                                      4,149
<CURRENT-ASSETS>                               115,783
<PP&E>                                         166,991
<DEPRECIATION>                                  90,899
<TOTAL-ASSETS>                                 208,553
<CURRENT-LIABILITIES>                          115,583
<BONDS>                                        140,666
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           284
<OTHER-SE>                                    (60,205)
<TOTAL-LIABILITY-AND-EQUITY>                   208,553
<SALES>                                              0
<TOTAL-REVENUES>                             1,016,492
<CGS>                                                0
<TOTAL-COSTS>                                  757,413
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                 5,374
<INTEREST-EXPENSE>                              14,820
<INCOME-PRETAX>                                 43,716
<INCOME-TAX>                                    16,918
<INCOME-CONTINUING>                             26,798
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    26,798
<EPS-PRIMARY>                                    $1.09
<EPS-DILUTED>                                    $1.08
        

</TABLE>
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SKYDANCE DEVELOPMENT, LLC, a California limited liability company;
SKYDANCE PRODUCTIONS, LLC, a California limited liability company; GEMINI PICTURES, LLC, a California limited liability company,

Plaintiffs

- Appellees,

v.

KISSINGER NKOSINA THI SIBANDA, Esquire,

Defendant

- Appellant. No. 22

- 55236

D.C. No. 2:20

- cv

- 08145

- CBM

- JC

MEMORANDUM *

Appeal from the United States District Court

for the Central District of California Consuelo B. Marshall, District Judge, Presiding

Submitted May 16, 2023 * *

Before: BENNETT, MILLER, and VANDYKE, Circuit Judges.

Kissinger Nkosinathi Sibanda appeals pro se the district court’s post

-

* This disposition is not appropriate for publication and is not precedent except as provided by Ni nth Circuit Rule 36

- 3.

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

# FILED

MAY 19 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS2 22

- 55236

judgment order denying his motion for attorney ’ s fees. We have jurisdiction under

28 U.S .C. § 1291. We review for an abuse of discretion a denial of a motion for

attorney ’s fees. Tresóna Multimedia, LLC v. Burbank High Sch. Vocal Music

Ass’n , 953 F.3d 638, 644 (9th Cir. 2020) . We affirm.

The district court did not abuse its discretion in denying Sibanda’s motion

for attorney’s fees because Sibanda is not a “prevailing party” in this action and

otherwise failed to demonstrate he is entitled to fees

. See Cadkin v. Loose , 569

F.3d 1142, 1145, 1147 (9th Cir. 2009) (explaining that

, under 17 U .S.C. § 505,

district courts may only award attorney’s fees to a party that “in fact prevailed on

the copyright claim ; ” a defendant is not a prevailing party where a plaintiff is free

to refile a copyright claim against the defendant following a voluntary dismissal of

the complaint); F.J. Hanshaw Ente r s

. , Inc. v. Emerald River Dev

. , Inc. , 244 F.3d

1128, 1135

- 37 (9th Cir. 2001) ( explaining that a court is vested with inherent

power to sanction litigation misconduct and stating that, “[w]ith respect to

sanctions, a district court’s factual findings are given great deference”)

.

Sibanda’s requests for oral argument and remand to a different district judge,

set forth in the opening brief, are denied.

AFFIRMED.
\o^^-lS

ELECTRONIC RECORD

COA # 07-14-00425-CR

Timothy Earl Mangram v. The

STYLE: State of Texas

COA DISPOSITION: AFFIRMED

OFFENSE: 31.03

COUNTY: Hale

TRIAL COURT: 64th District Court

DATE: 06/30/2015 Publish: NO TCCASE#: A19552-1310

IN THE COURT OF CRIMINAL APPEALS

Timothy Earl Mangram v. The State

STYLE: of Texas CCA#: lO^ft

PRO 5E

FOR DISCRETIONARY REVIEW IN CCA IS:

Petition CCA Disposition:

DATE:

?eF^^ JUDGE:

DATE: /ohtfUoijJUDGE: & Majla**>-

SIGNED:

PUBLISH:

PC:

DNP:

MOTION FOR

REHEARING IN CCA IS:

JUDGE:

ELECTRONIC RECORD
EXHIBIT 32

I, Timothy S.
Durham, the Chairman and Chief Executive Officer of Obsidian Enterprises, Inc.,
certify that (i) the Quarterly Report on Form 10-Q for the quarter ended January
31, 2005, (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 Obsidian Enterprises, Inc.
as of the dates and for the periods set forth therein.

| | /s/ Timothy S. Durham
Timothy S. Durham
Chairman and Chief Executive Officer
March 17, 2005
| | -------------------------------------------------------------------------------------------

I, Rick D.
Snow, the Executive Vice President and Chief Financial Officer of Obsidian
Enterprises, Inc., certify that (i) the Quarterly Report on Form 10-Q for the
quarter ended January 31, 2005, (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 Obsidian
Enterprises, Inc. as of the dates and for the periods set forth
therein.

| | /s/ Rick D. Snow
Rick D. Snow
Executive Vice President/Chief Financial Officer
March 17, 2005
| | ---------------------------------------------------------------------------------------------
#### LI WANG, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent.

No. 14-71163.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 20, 2016,*

Filed Jan. 27, 2016.

Thomas Ogden, Counsel, Law Offices of Thomas Ogden, Alhambra, CA, for Petitioner.

Sharon Michele Clay, Esquire, Trial, Brooke Maurer, Trial, U.S. Department of Justice, OIL, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges,

*

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

MEMORANDUM**

Li Wang, a native and citizen of China, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) order denying her motion to reconsider the denial of her second motion to reopen removal proceedings conducted in absentia. We dismiss the petition for review.

We lack jurisdiction to consider Wang’s unexhausted contentions regarding address discrepancies between the address she claims she gave to U.S. Citizenship and Immigration Services and the address to which the immigration court mailed correspondence regarding her case. *See Tija-ni v. Holder,*628 F.3d 1071, 1080 (9th Cir.2010) (“We lack jurisdiction to review legal claims not presented in an alien’s administrative proceedings before the BIA.”). To the extent Wang contends the IJ was biased, we likewise lack jurisdiction to consider that unexhausted contention. *See id.*

We deny Wang’s motion to take judicial notice of documents outside the adminis*482trative record. *See Lising v. INS,*124 F.3d 996, 998 (9th Cir.1997) (explaining standard for review of out-of-record evidence).

PETITION FOR REVIEW DISMISSED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
**Exhibit 32.1**

 

CERTIFICATION

OF

PRINCIPAL EXECUTIVEOFFICER

 

Pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, the undersigned officer of Ballistic RecoverySystems, Inc. does hereby certify that:

 

a.               the Annual Report on Form10-KSB of Ballistic Recovery Systems, Inc. for the year ended September 30, 2005(the “Report”) fully complies with the requirements of Section 13(a) or 15(d)of the Securities Exchange Act of 1934; and

 

b.              information contained inthe Report fairly presents, in all material respects, the financial conditionand results of operations of Ballistic Recovery Systems, Inc.

 

 
| Date:  December 23, 2005 | /s/  Larry E. Williams      |   |
|--------------------------|-----------------------------|--------|
|                     | By Larry  E. Williams       |
|                     | Principal Executive Officer |

 

----
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66498 Federal Register / Vol. 66, No. 247 / Wednesday, December 26, 2001 / Notices

DEPARTMENT OF THE TREASURY

Internal Revenue Service

Special Enrollment Examination

Advisory Committee; Notice of Meeting

AGENCY: Internal Revenue Service,

Office of Director of Practice, Treasury

ACTION: Notice of Federal advisory

committee meeting.

SUMMARY: Notice is given of a meeting

of the Special Enrollment Examination

Advisory Committee.

DATES: The meeting will be held Friday,

January 18, 2002 (8:30 a.m. to 11 a.m.)

Written requests to speak at the meeting

or to attend the meeting must be

received no later than January 7, 2002.

ADDRESSES: The meeting will be held at

the Radisson Hotel Opryland, 2401

Music Valley Drive, Nashville,

Tennessee 37214. Written requests to

speak at the meeting or to attend the

meeting must be mailed, faxed, or Emailed to: Internal Revenue Service,

Office of Director of Practice,

N:C:SC:DOP, Attn: Kathy Hughes,

Designated Federal Officer, 1111

Constitution Avenue, NW., Washington,

DC 20224; fax number 202–694–1934; Email address Kathy.E.Hughes@irs.gov.

FOR FURTHER INFORMATION CONTACT:

Kathy Hughes, Designated Federal

Officer, Special Enrollment Examination

Advisory Committee, at 202–694–1851.

SUPPLEMENTARY INFORMATION: The

purpose of the meeting is to cover the

following agenda:

Friday, January 18, 2002, 8:30 a.m.–11

a.m.

Public Session: Discussion of

Continuing Professional Education

Courses

Beginning at 10 a.m. on Friday,

January 18, 2002, interested persons

may speak at the meeting in accordance

with the following limitations: (1)

Speakers’ remarks must be germane to

the topic listed above or germane to the

Enrolled Agent Program; and (2)

remarks must be limited to no more

than 10 minutes. Persons wishing to

speak must send Kathy Hughes, the

Designated Federal Officer, a written

request and the text or outline of their

remarks, prior to the meeting in order to

allow for the compilation of a speakers

list. Speakers will be entered on the list

in order of the receipt of their requests.

No more than six requests will be

accepted. Speakers will be notified of

their position on the list, or in case more

than six requests are received, that their

requests to speak cannot be granted.

Persons interested in attending the

meeting (but not speaking) must also

send Kathy Hughes a written request

prior to the meeting in order to allow for

adequate seating. Every effort will be

made to accommodate all requests for

attendance.

Written requests to speak and written

requests to attend must be received no

later than January 7, 2002.

At any time, any interested person

may submit to Kathy Hughes a written

statement concerning the SEE or the

Enrolled Agent Program. Such

statements will be considered by the

Director of Practice and, at his

discretion, may be referred to the

Committee for discussion at a later

meeting.

Dated: December 17, 2001.

Patrick W. McDonough,

Director of Practice.

[FR Doc. 01–31652 Filed 12–21–01; 8:45 am]

BILLING CODE 4830–01–P
SEAN DAVID GRIFFIN,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D14-245

_____________________________/

Opinion filed February 25, 2015.

An appeal from the Circuit Court for Escambia County.

Terry D. Terrell, Judge.

Nancy A. Daniels, Public Defender, and M. J. Lord, Assistant Public Defender, 

Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Samuel Steinberg, Assistant Attorney 

General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

WOLF, MAKAR, and OSTERHAUS, JJ., CONCUR.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule  contains  summary  financial  information  extracted  from Silgan
Corporation's  Form 10-Q for the nine  months  ended  September  30, 1996 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER>  1,000                               
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-END>                                   SEP-30-1996
<CASH>                                               3,701
<SECURITIES>                                             0
<RECEIVABLES>                                      218,883
<ALLOWANCES>                                             0
<INVENTORY>                                        190,690
<CURRENT-ASSETS>                                   422,445
<PP&E>                                             479,505
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                     993,534   
<CURRENT-LIABILITIES>                              328,788
<BONDS>                                            673,348
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                                 0
<OTHER-SE>                                         (83,545)
<TOTAL-LIABILITY-AND-EQUITY>                       993,534
<SALES>                                          1,080,486
<TOTAL-REVENUES>                                 1,080,486
<CGS>                                              935,813
<TOTAL-COSTS>                                      935,813
<OTHER-EXPENSES>                                         0 
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                  52,474
<INCOME-PRETAX>                                     50,229
<INCOME-TAX>                                        19,500
<INCOME-CONTINUING>                                 30,729
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                        30,729
<EPS-PRIMARY>                                            0
<EPS-DILUTED>                                            0
        

</TABLE>