alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Cindy Lynn REVERE, Plaintiff-Appellant, v. WILMINGTON FINANCE, a division of AIG, Federal Savings Bank; Devon Title Agency; Country Wide Home Loans; Bank of New York, as Trustee; Mortgage Electronic Registration Systems, Defendant-Appellees.

No. 09-2224.

United States Court of Appeals, Sixth Circuit.

Jan. 12, 2011.

*937Before: NORRIS, COLE, and KETHLEDGE, Circuit Judges.

KETHLEDGE, Circuit Judge.

Cindy Lynn Revere lost ownership and possession of her home through non-judicial foreclosure and subsequent eviction proceedings in state court. She thereafter filed a pro se complaint in federal court, seeking to invalidate the foreclosure, the deeds transferring ownership to the property, and the state-court eviction judgment. The defendants moved to dismiss Revere’s complaint on jurisdictional grounds and for failure to state a claim.

The district court granted the motion for three reasons: first, the court lacked subject-matter jurisdiction over the case; second, the *Rooker-Feldman*doctrine precluded adjudication of Revere’s claims in federal court; and third, her claims were barred by res judicata. The district court then dismissed Revere’s claims with prejudice. She brought this appeal.

The jurisdictional issue is dispositive. We agree with the district court that it lacked diversity jurisdiction over the case because a non-diverse party (Devon Title) is a party to it. And we agree that the court lacked federal-question jurisdiction because Revere’s complaint does not contain a federal claim against any defendant. *See Am. Fed’n of Television and Radio Artists, AFL-CIO v. WJBK-TV,*164 F.3d 1004, 1007 (6th Cir.1999) (“Merely referring to a federal statute ... does not establish federal jurisdiction” (citation and quotation marks omitted)).

But Revere is correct to say that the district court erred by dismissing her claims with prejudice. Dismissal for lack of subject-matter jurisdiction should normally be without prejudice, since by definition the court lacks power to reach the merits of the case. *See Ernst v. Rising,*427 F.3d 351, 366 (6th Cir.2005). It is true that, in rare cases where a district court lacks jurisdiction, the court may dismiss a claim with prejudice “as a sanction for misconduct.” *Id.*But there was no finding of misconduct here.

The dismissal of Revere’s claims should be without prejudice. We modify the dis*938trict court’s judgment accordingly, and as modified, we affirm it.
<TABLE> <S> <C>


<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the balance
sheet of CNL Income Fund IV, Ltd. at June 30, 1998, and its statement of income
for the six months then ended and is qualified in its entirety by reference to
the Form 10Q of CNL Income Fund IV, Ltd. for the six months ended June 30, 1998.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                         700,653
<SECURITIES>                                         0
<RECEIVABLES>                                  324,137
<ALLOWANCES>                                   296,161
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                      20,311,780
<DEPRECIATION>                               3,748,621
<TOTAL-ASSETS>                              21,298,812
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  20,431,148
<TOTAL-LIABILITY-AND-EQUITY>                21,298,812
<SALES>                                              0
<TOTAL-REVENUES>                             1,173,381
<CGS>                                                0
<TOTAL-COSTS>                                  367,639
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                712,597
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            712,597
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   712,597
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
<FN>
<F1>Due to the nature of its industry, CNL Income Fund IV, Ltd. has an
unclassified balance sheet; therefore, no values are shown above for current
assets and current liabilities.
</FN>
        


</TABLE>
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2123 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2123

         To suspend temporarily the duty on N,N-dimethyl-N'-(3-
  ((methylamino)carbonyl)oxy)phenyl)methanimidamide monohydrochloride.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 13, 1993

 Mr. Hoekstra introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
         To suspend temporarily the duty on N,N-dimethyl-N'-(3-
  ((methylamino)carbonyl)oxy)phenyl)methanimidamide monohydrochloride.

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

SECTION 1. N,N-DIMETHYL-N'-(3-((METHYLAMINO)CAR- BONYL)- 
              OXY)PHENYL)METHANIMIDAMIDE MONOHYDROCHLORIDE.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

       ``  9902.31.12   N,N-Dimethyl-N' (3-                      No change      No change      On or before     
                         ((methylamino)-                                                        12/31/94      ''
                         carbonyl)oxy)- phenyl)-                                                               .
                         methanimidamide                                                                        
                         monohydrochloride (CAS No.                                                             
                         23422-53-9) (provided for in                                                           
                         subheading 2925.20.30)......  Free                                                     

    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to articles entered, or withdrawn from warehouse for 
consumption, on or after the 15th day after the date of the enactment 
of this Act.

                                 <all>
```
<Page>

                                                                    EXHIBIT 99.1

                            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 Krupp Insured Plus II Limited
Partnership (the "Partnership") on Form 10-K/A for the period ending
December 31, 2001 as filed with the Securities and Exchange Commission on the
date hereof (the "Report"), I, Douglas Krupp, Co-Chariman (Principal
Executive Officer), President and Director of Krupp Plus Corporation, a
General Partner of the Partnership, certify, pursuant to U.S.C. ss. 1350, as
adopted pursuant to 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 Partnership as of December 31, 2001 (the last
               date of the period covered by the Report).


   /s/ Douglas Krupp
---------------------------
Douglas Krupp,
Principal Executive Officer
Exhibit 21.1
 List of Subsidiaries of Navarre Corporation
 Encore Software, Inc.
    
    Minnesota corporationBCI Eclipse Company, LLC
    
    Minnesota limited liability companyNavarre CS, LLC
    
    Minnesota limited liability companyNavarre CP, LLC
    
    Minnesota limited liability companyNavarre CLP, LLC
    
    Minnesota limited liability companyFUNimation Productions, Ltd.
    
    Texas limited partnershipanimeOnline, Ltd.
    
    Texas limited partnershipNavarre Distribution Services, Inc.
    
    Minnesota corporationNavarre Logistical Services, Inc.
    
    Minnesota corporationNavarre Online Fulfillment Services, Inc.
    
    Minnesota corporationNavarre Digital Services, Inc.
    
    Minnesota corporationFUNimation Channel, Inc.
    
    Minnesota corporation
**Exhibit 32.2**

**Section 1350 Certifications**

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Strategic Diagnostics Inc. (the “Company”) hereby certifies, to such officer’s knowledge, that:

|   | (i) | the accompanying Annual Report on Form 10-K of the Company for the period ended December 31, 2005 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C. 1 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 theCompany, whether made before or after the date hereof, regardless of any general incorporation language in such filing.

     

 

| Date: March 31, 2006 |   |   | By:    |   |   | /s/        ANTHONY J. SIMONETTA                                                     |   |
|----------------------|--------|--------|--------|--------|--------|-------------------------------------------------------------------------------------|--------|
|                 |   |   |   |   |        |                                                                                |
|                 |   |   |   |   |   | **Anthony J. Simonetta****Vice President—Finance and Chief Financial Officer** |   |

----
EXHIBIT 31.3
 CERTIFICATION
  1.
    
    I have reviewed this Amendment No. 1 on Form 10-Q/A of QLT Inc.; and2.
    
    Based on my knowledge, this report does not contain any untrue
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.
  /s/ Robert L. ButchofskyRobert L. ButchofskyPresident and Chief Executive Officer(Principal Executive Officer)
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Form 10-Q for the quarter ended March 31, 1999 and is qualified in its
entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          21,568
<SECURITIES>                                     6,500
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                      4,187
<CURRENT-ASSETS>                                35,212
<PP&E>                                          32,873
<DEPRECIATION>                                  13,106
<TOTAL-ASSETS>                                  59,012
<CURRENT-LIABILITIES>                           29,063
<BONDS>                                         16,853
<PREFERRED-MANDATORY>                            5,000
<PREFERRED>                                          0
<COMMON>                                           413
<OTHER-SE>                                       6,808
<TOTAL-LIABILITY-AND-EQUITY>                    59,012
<SALES>                                          3,071
<TOTAL-REVENUES>                                10,870
<CGS>                                            3,071
<TOTAL-COSTS>                                    3,071
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 554
<INCOME-PRETAX>                                (5,306)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (5,306)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (5,306)
<EPS-PRIMARY>                                    (.14)
<EPS-DILUTED>                                    (.14)
        

</TABLE>
EXHIBIT 23.1





CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM



We consent to the incorporation by reference in Registration Statements No. 333-95657 and No. 333-148383 on Forms S-8 of Parlux Fragrances, Inc. (the Company), of our report dated May 22, 2009, relating to the consolidated financial statements and financial statement schedule of the Company, and of our report on internal control over financial reporting dated May 22, 2009, appearing in this Annual Report on Form 10-K of the Company for the year ended March 31, 2009.







/s/ Rachlin LLP

Miami, Florida

May 22, 2009
[Federal Register Volume 66, Number 33 (Friday, February 16, 2001)]
[Notices]
[Pages 10694-10695]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3940]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES


Notice of a meeting of the National Bioethics Advisory Commission 
(NBAC)

SUMMARY: Pursuant to section 10(d) of the Federal Advisory Committee 
Act, as amended (5 U.S.C. Appendix 2), notice is given of a meeting of 
the National Bioethics Advisory Commission. The Commission will discuss 
its ongoing project ethical and policy issues in research involving 
human participants. Some Commission members may participate by 
telephone conference. The meeting is open to the public and 
opportunities for statements by the public will be provided on March 15 
from 1:30-2 pm.

Dates/Times and Location

March 15, 2001, 8:30 am-5 pm, The Georgian Terrace, 659 Peachtree 
Street, Atlanta, Georgia 30308
March 16,2001, 8:30 am-12 pm, Same Location as Above


SUPPLEMENTARY INFORMATION: The President established the National 
Bioethics Advisory Commission (NBAC) on October 3, 1999 by Executive 
Order 12975 as amended. The mission of the NBAC is to advise and make 
recommendations to the National Science and Technology Council, its 
Chair, the President, and other entities on bioethical issues arising 
from the research on human biology and behavior, and from the 
applications of that research.

Public Participation

    The meeting is open to the public with attendance limited by the 
availability of space on a first come, first serve basis. Members of 
the public who wish to present oral statements should contact Ms. Jody 
Crank by telephone, fax machine, or mail as shown below as soon as 
possible, at least 4 days before the meeting. The Chair will reserve 
time for presentations by persons requesting to speak and asks that 
oral statements be limited to five minutes. The order of persons 
wanting to make a statement will be assigned in the order in which 
requests are received. Individuals unable to make oral presentations 
can mail or fax their written comments to the NBAC staff office at 
least five business days prior to the meeting for distribution to the 
Commission and inclusion in the public record. The Commission also 
accepts general comments at its website at bioethics.gov. Persons 
needing special assistance, such as sign language interpretation or 
other special

[[Page 10695]]

accommodations, should contact NBAC staff at the address or telephone 
number listed below as soon as possible.

FOR FURTHER INFORMATION CONTACT: Ms. Jody Crank, National Bioethics 
Advisory Commission, 6705 Rockledge Drive, Suite 700, Bethesda, 
Maryland 20892-7979, telephone (301) 402-4242, fax number (301) 480-
6900.

    Dated: February 12, 2001.
Eric M. Meslin,
Executive Director, National Bioethics Advisory Commission.
[FR Doc. 01-3940 Filed 2-15-01; 8:45 am]
BILLING CODE 4167-01-P
##### 



Exhibit 32.2  Certification of Chief Financial Officer  Sarbanes-Oxley Section 906 Pursuant to 18 U. S. C. section 1350, the undersigned officer of Triad Guaranty Inc. (the
Company), hereby certifies, to such officers knowledge, that the Companys Annual Report on Form
10-K for the year ended December 31, 2004 (the Report) fully complies with the requirements of
Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934 and the information
contained in the Report fairly presents, in all material respects, the financial condition and
results of operations of the Company. Date:      March 11, 2005By:
    
    /s/ Ron D. Kessinger
Ron D. Kessinger
Senior Executive Vice President, Chief Operating Officer
and Acting Chief Financial Officer
 The 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.
Exhibit
10.5(b)
 
  Re: Management Agreement Renewals
   
    
    Salomon Smith Barney Diversified 2000 Futures Fund L.P.
    
    Salomon Smith Barney Fairfield Futures Fund L.P.
    
    Smith Barney Diversified Futures Fund L.P. II
    
    Smith Barney Diversified Futures Fund L.P.
    
    Citigroup Diversified Futures Fund L.P.
    
    Citigroup Fairfield Futures Fund L.P. II
    
    CMF Graham Master Fund L.P.
  Very truly yours,CITIGROUP MANAGED FUTURES LLCBy:
    
    /s/ Jennifer MagroJennifer MagroChief Financial Officer & DirectorGRAHAM CAPITAL MANAGEMENT, L.P.By:
    
    /s/ Paul SedlackPrint Name: Paul SedlackJM/sr
EX-10.1 FIRST AMENDMENT TO AGCO CORPORATION



 





Exhibit 10.1




FIRST AMENDMENT TO

AGCO CORPORATION

2006 LONG TERM INCENTIVE PLAN




(As adopted July 27, 2006)




     Pursuant to Article IX of the 2006 AGCO Long Term Incentive Plan (the “Plan”), the Plan
is amended as follows effectively immediately:



     1. Section 2.18 of the Plan is amended by deleting the first sentence thereof and replacing it
with the following:




The term “Performance Period” means with respect to an Award, a period of not less than one
year within which the Performance Measures relating to such Award are to be measured.
Notwithstanding the foregoing, up to 250,000 Performance Shares may have Performance
Periods that are less than one year.”



     2. Article IX of the Plan shall be amended by adding at the end thereof the following:




Notwithstanding the foregoing, no amendment that (i) materially increases the benefits
accruing to participants under the Plan, or (ii) materially expands the definition of
Eligible Employee shall be effective until such amendment has been approved by stockholders
of the Company.



     IN WITNESS WHEREOF, the Company has caused this Amendment to be executed by its duly
authorized officer this 27th day of July, 2006.



	 	 	 	 	 	 	 
	 	 	AGCO CORPORATION	 	 
	 
	 	 	 	 	 	 
	 

	 	By:
	 	/s/ Stephen Lupton	 	 
	 

	 	 	 	 	 	 
	 

	 	Title:
	 	Senior Vice President and	 	 
	 

	 	 	 	  General Counsel
**Exhibit23.1**

 

**INDEPENDENTAUDITORS’ CONSENT**

 

Weconsent to the incorporation by reference in Registration Statement No.333-11465 of Steinway Musical Instruments, Inc. on Form S-8 of our report,(which report expresses an unqualified opinion and includes explanatoryparagraphs relating to the change in accounting for goodwill and trademarks in2002 and the restatement of the 2002 and 2001 financial statements for thechange in the method of accounting for certain inventories from the last-in,first-out method to the first-in, first-out method), dated March 12, 2004,appearing in the Annual Report on Form 10-K of Steinway MusicalInstruments, Inc. for the year ended December 31, 2003.

 

 
| /s/  DELOITTE & TOUCHE LLP |   |   |
|-------------------------------------|--------|--------|
|                                |   |
| Boston, Massachusetts               |   |
| March 12, 2004                      |   |

 

----
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

KENNETH A. SENOSKI,

Petitioner

v.

SUPREME COURT OF PENNSYLVANIA, 

PENNSYLVANIA LAWYERS FUND FOR 

CLIENT SECURITY,

Respondent

:

:

:

:

:

:

:

:

:

:

:

:

:

No. 102 WM 2019

ORDER

PER CURIAM

AND NOW, this 31st day of December, 2019, the Application for Leave to File 

Original Process is GRANTED, and the “Writ of Mandamus” is DENIED.