alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Billy Jo Lynn HEMENWAY, Petitioner-Appellant, v. State of WASHINGTON and Jeff Uttecht, Respondents-Appellees.

No. 09-35245.

United States Court of Appeals, Ninth Circuit.

Submitted July 21, 2010.*

Filed Nov. 10, 2010.

Russell Victor Leonard, Esquire, Assistant Federal Public Defender, FPDWA— Federal Public Defender’s Office, Tacoma, WA, for Petitioner-Appellant.

Ronda Denise Larson, Esquire, Assistant Attorney General, AGWA — Office of the Washington Attorney General, Olympia, WA, for Respondents-Appellees.

Before: B. FLETCHER, REINHARDT, and WARDLAW, Circuit Judges.

*

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

ORDER

The panel has voted to grant the petition for panel rehearing.

The memorandum disposition filed on August 2, 2010, is withdrawn. A replacement memorandum disposition will be filed concurrently with this order.

Appellant shall have 14 days from the date judgment is entered to file a petition for rehearing. *See*Fed. R. App. P. 40. If appellant files a petition for rehearing, the state may file an answer within 14 days thereafter, whereupon the matter shall be deemed submitted.

MEMORANDUM **

Washington state prisoner Billy Jo Lynn Hemenway appeals from the district court’s judgment dismissing his 28 U.S.C. § 2254 petition as untimely. We have ju*94risdiction under 28 U.S.C. § 2253(a), and we affirm.

Hemenway contends that he was entitled to equitable tolling of AEDPA’s statute of limitations due to his dyslexia and illiteracy. This court reviews de novo a district court’s order denying a habeas petition on statute of limitations grounds. *Randle v. Crawford,*604 F.3d 1047, 1052 (9th Cir.2010). The denial of an evidentiary hearing in connection with a claim of entitlement to equitable tolling is reviewed for abuse of discretion. *See Mendoza v. Carey,*449 F.3d 1065, 1068 (9th Cir.2006).

Excluding the time during which his state petitions were properly pending, *see*28 U.S.C. § 2244(d)(2), Hemenway’s federal petition was filed more than a year beyond AEDPA’s one-year statute of limitations. *See*28 U.S.C. § 2244(d)(1).

A litigant seeking equitable tolling of AEDPA’s statute of limitations bears the burden of establishing his entitlement to such tolling. Mendoza, 449 F.3d at 1068. In this case, Hemenway has not shown that his literacy limitations caused his delay in filing his federal habeas petition. Indeed, he was able to file state and federal pleadings, and participate actively in his own representation both at his trial and on his direct appeal.

The district court did not abuse its discretion in denying Hemenway’s request for an evidentiary hearing. *See Mendoza,*449 F.3d at 1068.

AFFIRMED.

**

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





 






 EXHIBIT
10.08


 



Certain portions of this exhibit (indicated by “[***]”)
have been omitted pursuant to Item 601(a)(6) of Regulation
S-K.



This exhibit is an English translation of a foreign language
document. The Company hereby agrees to furnish to the SEC, upon
request, a copy of the foreign language document.


 


 


Supplementary
Agreement



to an Employment Contract No. 18-107/1 from 01 November
2018


 


	
Almaty

	
 January 3,
2019







                   


Parties:



EMPLOYER: Joint Stock Company Freedom Finance, (Certificate
of state re-registration issued on September 09, 2013), located at:
77/7, al-Farabi ave., "Esentai Tower" BC, Floor 3, Almaty,
represented by the Chairman of the Management Board, Mr. Minikeyev
Roman Damirovich, acting based on the Charter, and


 



EMPLOYEE: Mr. Tashtitov Askar Bolatovich, ID number [***]
-issued by the
Ministry of Internal Affairs dated [***], IIN [***], residing at
the address: [***], hereinafter jointly referred to as the Parties,
have concluded this supplementary agreement (hereinafter the
"Agreement") to the employment contract (hereinafter the
"Contract") No. 18-107/1 dated November 1, 2018 about the
following:


 


1. Item
1. Appendix No. 1 to the Contract and put as follows:


1. The
employer establishes the following size and procedure for
remuneration of the employee:


The
monthly salary of an employee is: 4 000 000 (four
million) tenge (excluding contributions to compulsory social
health insurance, compulsory pension contributions to the
accumulative pension fund and individual travel tax and other
compulsory payments at budget rates in the manner determined by the
legislation of the Republic of Kazakhstan.)


2. The
remaining terms of the Agreement remain unchanged.


3. This
Agreement shall enter into force upon signature by the
Parties.


4. This
Agreement is made in two copies, one for each of the
Parties.


 



5. DETAILS AND SIGNATURES


 



Employer:                           



Employee:







Joint
Stock
Company           



Tashtitov
Askar Bolatovich







Freedom Finance


 



050040, Republic of
Kazakhstan           



ID number
[***]







Almaty City,
Bostandyk
District                      



Issued by Ministry
of Internal Affairs







77/7, al-Farabi
ave., Floor
3             



of Kazakhstan dated
[***]







RNN
[***]             



IIN
[***]







BIN
061140003010                       



Republic of
Kazakhstan, Almaty City,







IIC
[***]                                                                            

[***]






[***]


BIC
[***]


 



Chairman of the Board


 


	
/s/ Minikeyev R.D.

	

/s/  Tashtitov,
A.B.


	
Minikeyev,
R.D.

	
Tashtitov,
A.B.







 


Translation
of the company seal:


/Republic
of Kazakhstan, Almaty


Freedom
Finance Joint Stock Company/
EX-33.10
(logo) WELLS FARGO

Wells Fargo Bank, NA
Document Custody
1015 - 10th Avenue SE
Minneapolis, MN 55014


ASSESSMENT OF COMPLIANCE WITH APPLICABLE SERVICING CRITERIA


Corporate Trust Services division of Wells Fargo Bank, National Association (the
"Company") is responsible for assessing compliance with the servicing criteria
set forth in Item 1122(d) of Regulation AB promulgated by the Securities and
Exchange Commission. The Company has determined that the servicing criteria are
applicable in regards to the servicing platform as of and for the period as
follows:

Platform: Publicly-issued (i.e., transaction-level reporting required under the
Securities Exchange Act of 1934, as amended) residential mortgage-backed
securities and commercial mortgage-backed securities issued on or after January
1, 2006 for which the Company provides document custody services, excluding any
publicly issued transactions issued by any government sponsored entity (the
"Platform").

Applicable Servicing Criteria: The servicing criteria set forth in Item
1122(d)(1)(iv), 1122(d)(4)(i) and 1122(d)(4)(ii), in regard to the activities
performed by the Company with respect to the Platform (the "Applicable Servicing
Criteria"). Management of the Company has determined that all other servicing
criteria set forth in Item 1122(d) are not applicable to the Platform.

Period: As of and for the twelve months ended December 31, 2007 (the "Period").

With respect to the Platform and the Period, the Company provides the following
assessment of compliance with respect to the Applicable Servicing Criteria:

1. The Company is responsible for assessing its compliance with the Applicable
Servicing Criteria.

2. The Company has assessed compliance with the Applicable Servicing Criteria.
In performing this assessment, the Company used the criteria set forth by the
Securities and Exchange Commission in paragraph (d) of Item 1122 of Regulation
AB.

3. Based on such assessment, as of and for the Period, the Company has complied,
in all material respects with the Applicable Servicing Criteria.

KPMG LLP, a registered public accounting firm, has issued an attestation report
with respect to the Company's assessment of compliance as of and for the Period.


WELLS FARGO BANK, NATIONAL ASSOCIATION
By: /s/ Shari Gillund
Its: Senior Vice President

Dated: February 29, 2008
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
COMPANY'S CONDENSED CONSOLIDATED BALANCE SHEETS, THE CONDENSED CONSOLIDATED
STATEMENTS OF INCOME, CONDENSED CONDOLIDATED STATEMENTS OF CASH FLOWS AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH SCHEDULES.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                           5,285
<SECURITIES>                                     2,978
<RECEIVABLES>                                   57,025
<ALLOWANCES>                                     6,001
<INVENTORY>                                          0
<CURRENT-ASSETS>                                75,647
<PP&E>                                          76,262
<DEPRECIATION>                                   8,448
<TOTAL-ASSETS>                                 144,312
<CURRENT-LIABILITIES>                           67,305
<BONDS>                                         32,216
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            36
<OTHER-SE>                                      50,691
<TOTAL-LIABILITY-AND-EQUITY>                   144,312
<SALES>                                        129,269
<TOTAL-REVENUES>                               129,269
<CGS>                                          111,593
<TOTAL-COSTS>                                   13,754
<OTHER-EXPENSES>                                   160
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 618
<INCOME-PRETAX>                                  3,427
<INCOME-TAX>                                     1,534
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     1,893
<EPS-PRIMARY>                                      .05
<EPS-DILUTED>                                      .05
        

</TABLE>
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Marilyn Kelly

Stephen J. Markman

Diane M. Hathaway

Mary Beth Kelly

Brian K. Zahra, Justices

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 _________________________________________

 Clerk

September 4, 2012

h0827

Order 

September 4, 2012

143367

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 143367

COA: 296328

Kalamazoo CC: 2009-000604-FH

KENNETH CHARLES JOHNSON,

Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the May 26, 2011 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
II 

115TH CONGRESS 

2D SESSION S. 2816 

To clarify that funding for the Securities Investor Protection Corporation 

is not subject to the sequester. 

IN THE SENATE OF THE UNITED STATES 

MAY 10, 2018 

Mr. ENZI introduced the following bill; which was read twice and referred to 

the Committee on the Budget 

A BILL 

To clarify that funding for the Securities Investor Protection 

Corporation is not subject to the sequester. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CLARIFICATION. 

4 Section 251A of the Balanced Budget and Emer5 gency Deficit Control Act of 1985 (2 U.S.C. 901a) does 

6 not apply with respect to the funding of the Securities In7 vestor Protection Corporation. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS
Exhibit 31.1**CERTIFICATION**I, Michael J. McKelvey, certify that:1. I have reviewed this Quarterly Report on Form 10-Q of eResearchTechnology, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report; 3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport; 4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules13a-15(f) and 15d-15(f)) for the registrant and have: (a) Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure that materialinformation relating to the registrant, including its consolidated subsidiaries, ismade known to us by others within those entities, particularly during the period inwhich this report is being prepared;  (b) Designed such internal control over financial reporting, or caused suchinternal control over financial reporting to be designed under our supervision, toprovide reasonable assurance regarding the reliability of financial reporting and thepreparation of financial statements for external purposes in accordance with generallyaccepted accounting principles;  (c) Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectiveness of thedisclosure controls and procedures, as of the end of the period covered by this reportbased on such evaluation; and  (d) Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the registrant’sinternal control over financial reporting; and
1

 
5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors: (a) All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely to adverselyaffect the registrant’s ability to record, process, summarize and report financialinformation; and  (b) Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.       Date: May 8, 2008 /s/ Michael J. McKelvey               Michael J. McKelvey,     President and Chief Executive     Officer
2
#### In the Matter of Joseph Addison Gelling, Sr., Appellant, v Mary Colleen McNabb, Respondent.

[6 NYS3d 887]

Appeal from an order of the Family Court, Onondaga County (William W. Rose, Ref.), entered October 31, 2013 in a proceeding pursuant to Family Court Act article 6. The order dismissed the amended petition.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the amended petition is reinstated, and the matter is remitted to Family Court, Onondaga County, for further proceedings in accordance with the following memorandum: Petitioner father appeals from an order granting the motion by the Attorney for the Child to dismiss the father’s amended petition seeking to modify an existing custody and visitation order. We agree with the father that Family Court erred in dismissing the amended petition. “To survive a motion to dismiss, a petition seeking to modify a prior order of custody and visitation must contain factual allegations of a change in circumstances warranting modification to ensure the best interests of the child” *(Matter of Dobrouch v Reed,*61 AD3d 1288, 1289 [2009]; *see Matter of Wurmlinger v Freer,*256 AD2d 1069, 1069 [1998]). Here, the amended petition alleged that there had been a change in circumstances inasmuch as the prior order provided that there would be “such and further visitation with the subject child as the parties may mutually agree,” but the respondent mother refused the father all visitation with the child. In our view, the father “ ‘ma[d]e a sufficient evidentiary showing of a change in circumstances to require a hearing’ ” *(Matter of Warrior v Beatman,*70 AD3d *14881358, 1359 [2010], *lv denied*14 NY3d 711 [2010]; *see also Matter of Telfer v Pickard,*100 AD3d 1050, 1051 [2012]; *Matter of Ruple v Harkenreader,*99 AD3d 1085, 1086 [2012]). We therefore reverse the order, reinstate the amended petition, and remit the matter to Family Court for a hearing thereon.

Present — Centra, J.P., Peradotto, Sconiers and DeJoseph, JJ.
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.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting:

*Name:*                         Special Emphasis Panel in Civil and Mechanical Systems (1205).                    

*Date/Time:*                         Tuesday, March 27, 2001, 8:30 a.m. to 5 p.m. Wednesday, March 28, 2001, 8:30 a.m. to 5 p.m.                    

*Place:*                         National Science Foundation, 4201 Wilson Boulevard, Room 530, Arlington, VA.                    

*Type of Meeting:*                         Closed.                    

*Contact Person:*                         Dr. Jorn Larsen-Basse, Program Director, Surface Engineering and Materials Design, Division of Civil and Mechanical Systems, Room 545, (703) 292-8360.                              ( print page 13792)    

*Purpose of Meeting:*                         To provide advice and recommendations concerning proposals submitted to NSF for financial support.                    

*Agenda:*                         To review and evaluate nominations for the FY'01 Surface Engineering and Material Design Review Panel as part of the selection process for awards.                    

*Reason for Closing:*                         The proposals being reviewed include information of a proprietary or confidential nature, including technical information, financial data, such as salaries, and personal information concerning individuals associated with the proposals. These matters are exempt under (4) and (6) of U.S.C. 552b(c), of the Government in the Sunshine Act.                    

Dated: March 1, 2001.

Susanne Bolton,

Committee Management Officer.

[FR Doc. 01-5470  Filed 3-6-01; 8:45 am]

BILLING CODE 7555-01-M
<PAGE>
                                                                   EXHIBIT 32(A)

                         CORE MOLDING TECHNOLOGIES, INC.

                            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 Core Molding Technologies, Inc.
(the "Company") on Form 10-Q for the period ending September 30, 2005 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
I, James L. Simonton, President, Chief Executive Officer and Director 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.


                                         /s/ James L. Simonton
                                         ---------------------------------------
                                         James L. Simonton
                                         President, Chief Executive Officer
                                         and Director
                                         November 14, 2005


                                       25
<PAGE>

                                                                 Exhibit 10.35

                                  DELIA*S INC.
                                435 HUDSON STREET
                               NEW YORK, NY 11238

June 9, 2000

Mr. Stephen I. Kahn
dELiA*s
435 Hudson Street
New York, NY 10014

Re:      First Amendment to Employment Agreement
         ---------------------------------------

Dear Mr. Kahn:

         This letter, when countersigned by you, shall constitute the First
Amendment to the Employment Agreement between you and dELiA*s Inc., dated as of
December 18, 1996.

         Section 2 of the Employment Agreement is hereby deleted and replaced in
its entirety by the following paragraph:

               Subject to Section 4, the Executive shall continue to be employed
               by the Company under this agreement until the close of business
               on the sixth anniversary of this agreement.

         Section 5(e) of the Employment Agreement is hereby deleted and replaced
in its entirety by the following paragraph:

               The Company shall provide the Executive with an annual allowance
               of $20,000 to be applied, in the Executive's discretion, in any
               combination to one or more of the following: tax return
               preparation, financial consulting, estate planning and/or
               life/disability insurance premiums and similar professional
               services.

         In all other respects, the Employment Agreement shall continue in full
force and effect without modification. Upon execution by you, this letter
agreement shall have effect as of December 18, 1999.

         If you are in agreement with the foregoing, please countersign below in
the space indicated.

                                             Sincerely,

                                             dELiA*s Inc.


                                             By /s/ TIMOTHY B. SCHMIDT
                                                -------------------------
                                                Timothy B. Schmidt
                                                Senior Vice President

ACKNOWLEDGED AND AGREED:


/s/ STEPHEN I. KAHN
-------------------
Stephen I. Kahn