alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
14

‐ 3916

Skelly v. Pension Plan for Ins. Orgs.

UNITED STATES COURT OF APPEALS

FOR THE SECOND CIRCUIT

SUMMARY ORDER

R ULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT

. C ITATION TO A SUMMARY ORDER FILED ON OR AFTER

J ANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY F EDERAL R ULE OF A PPELLATE P ROCEDURE 32.1 AND THIS COURT ’ S

L OCAL R ULE 32.1.1. W HEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT

, A PARTY MUST CITE EITHER

THE F EDERAL A PPENDIX OR AN ELECTRONIC DATABASE ( WITH THE NOTATION “ SUMMARY ORDER ”). A PARTY CITING A

SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL

.

At a stated term of the United States Court of Appeals for the Second

Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley

Square, in the City of New York, on the 27 th day of April, two thousand fifteen.

PRESENT: AMALYA L. KEARSE,

BARRINGTON D. PARKER,

RICHARD C. WESLEY,

Circuit Judges

.

________________ _______________ _____________

LAURENCE J. SKELLY, and ELLEN BURKE, individually and on behalf of all

others similarly situated,

Plaintiffs

‐ Appellants

,

‐ v. ‐ No. 14

‐ 3916

INSURANCE SERVICES OFFICE, INC. and THE PENSION PLAN FOR

INSURANCE ORGANIZATIONS,

Defendants

‐ Appellees

. *

* The Clerk of Court is respectfully directed to amend the caption as set forth above.2 ________________ _______________ _____________

FOR APPELLANTS: BENNET SUSSER (Richard S. Meisner, Alissa Pyrich, on

the brief ), Jardim, Meisner & Susser, P.C., Florham Park,

NJ.

FOR APPELLEES: ROBERT W. RACHAL, Proskauer Rose LLP, New

Orleans, LA (Myron D. Rumeld, Proskauer Rose LLP,

New York, NY, on the brief ), for Insurance Services

Office, Inc.; JONATHAN L. SULDS, Greenberg Traurig,

LLP, New York, NY, for The Pension Plan for Insurance

Organizations.

________________ _______________ _____________

Appeal from the United States District Court for the Southern District of

New York (Hellerstein, J.).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED,

ADJUDGED AND DECREED that the judgment of the district court be and

hereby is AFFIRMED

.

Plaintiffs

‐ Appellants Laurence Skelly and Ellen Burke, on behalf of a

putative class, allege that Defendants

‐ Appellants, including Plaintiffs’ former

employer, Insurance Services Office, Inc., violated the Employee Retirement

Income Security Act of 1974. The district court dismissed Plaintiffs’ claims by

memorandum dated September 12, 2014, which was filed on September 15, 2014,

Skelly v. Ins. Servs. Office, Inc.

, No. 12

‐ 8889, Doc. No. 50 (S.D.N.Y. Sept. 15, 2014),

and order dated September 16, 2014. Plaintiffs now appeal.3 We have considered all of Plaintiffs’ contentions on this appeal and have

found them to be without merit. We AFFIRM for substantially the same reasons

stated by the district court in its memorandum.

FOR THE COURT:

Catherine O’Hagan Wolfe, Clerk
#### § 424.1 Regulations.

Pursuant to the provisions of Article 34 and 25 of repayment contract I1r-1534, dated September 20, 1948, between the United States and the Okanogan Irrigation District, it is ordered as follows:

The Okanogan Irrigation District shall require that all recipients of cabinsite and recreation resort leases on Federal lands situated on Conconully Lake (formerly Salmon Lake) and Conconully Reservoir, Okanogan County, Wash., comply with applicable Federal, state and local laws, rules and regulations pertaining to water quality standards and effluent limitations for the discharge of pollutants into said reservoirs, including county regulations governing subsurface waste disposal systems.

(The Reclamation Act of June 17, 1902, as amended and supplemented, Articles 34, and 25 of the Repayment Contract I1r-1534 dated Sept. 20, 1948, between the United States and the Okanagon Irrigation District)

[42 FR 60144, Nov. 25, 1977]
<PAGE>
                                                                  EXHIBIT 10.M.1
                             AMENDMENT NO. 2 TO THE
                             EL PASO ENERGY PARTNERS
                         1998 OMNIBUS COMPENSATION PLAN


         Pursuant to Section 13.1 of the El Paso Energy Partners 1998 Omnibus
Compensation Plan, amended and restated effective as of January 1, 1999, as
amended (the "Plan"), the Plan is hereby amended as follows, effective as of May
15, 2003:

         WHEREAS, effective as of May 15, 2003, the name of the General Partner
and the Partnership changed to GulfTerra Energy Company, L.L.C. and GulfTerra
Energy Partners, L.P., respectively.

         NOW, THEREFORE, the name of the Plan is hereby changed to "GulfTerra
Energy Partners 1998 Omnibus Compensation Plan."

         All references in the Plan to "El Paso Energy Partners Company" or the
"General Partner" shall mean "GulfTerra Energy Company, L.L.C." and all
references in the Plan to "El Paso Energy Partners, L.P." or the "Company" shall
mean "GulfTerra Energy Partners, L.P."

         IN WITNESS WHEREOF, the General Partner has caused this amendment to be
duly executed on behalf of the Partnership on this 15th day of May, 2003.


                                           GULFTERRA ENERGY PARTNERS, L.P.
                                           By: GulfTerra Energy Company, L.L.C.
                                               The General Partner



                                           By     /s/ D. Dwight Scott
                                              ----------------------------------
                                           Title: Executive Vice President

ATTEST:



By     /s/ David L. Siddall
   ---------------------------------
Title: Corporate Secretary
### §2633. Procedure and fees

(a) A filing fee shall be payable to the clerk of the Court of International Trade upon the commencement of a civil action in such court. The amount of the fee shall be prescribed by the rules of the court, but shall be not less than $5 nor more than the filing fee for commencing a civil action in a district court of the United States. The court may fix all other fees to be charged by the clerk of the court.

(b) The Court of International Trade shall prescribe rules governing the summons, pleadings, and other papers, for their amendment, service, and filing, for consolidations, severances, suspensions of cases, and for other procedural matters.

(c) All summons, pleadings, and other papers filed in the Court of International Trade shall be served on all parties in accordance with rules prescribed by the court. When the United States, its agencies, or its officers are adverse parties, service of the summons shall be made upon the Attorney General and the head of the Government agency whose action is being contested. When injunctive relief is sought, the summons, pleadings, and other papers shall also be served upon the named officials sought to be enjoined.

(Added Pub. L. 96–417, title III, §301, Oct. 10, 1980, 94 Stat. 1732.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 2633, acts June 25, 1948, ch. 646, 62 Stat. 980; June 2, 1970, Pub. L. 91–271, title I, §114, 84 Stat. 279; July 26, 1979, Pub. L. 96–39, title X, §1001(b)(4)(D), 93 Stat. 306, related to precedence of cases, prior to the general revision of this chapter by Pub. L. 96–417. See section 2647 of this title.
Exhibit 31.3



CERTIFICATION



I, Douglas P. Buth, Chairman, President and Chief Executive Officer of Paperweight Development Corp., certify that:



1. I have reviewed this annual report on Form 10-K of Paperweight Development Corp.;



2. 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;



3. Based on my knowledge, the financial statements, and other financial information included
in this report, fairly present in 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(s) 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)) 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 the registrant, 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) 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



c) Disclosed in this report any change in the registrants internal
control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially
affect, the registrants internal control over financial reporting; and



5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of 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 are reasonably 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: March 24, 2005



|           |  |                              
|---------- |  | -----------------------------
|Signature: |  | /S/ DOUGLAS P. BUTH          
|           |  | Douglas P. Buth              
|           |  | Chairman, President and Chief
|           |  | Executive Officer
<PAGE>

                                                                    EXHIBIT 31.1


I, Stephan Kuppenheimer, certify that:

         1. I have reviewed this annual report on Form 10-K, and all reports on
Form 8-K containing distribution or servicing reports filed in respect of
periods included in the year covered by this annual report, of Merrill Lynch
Depositor, Inc., on behalf of PreferredPLUS Trust Series FRD-1;

         2. Based on my knowledge, the information in these reports, taken as a
whole, 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 as of the
last day of the period covered by this annual report;

         3. Based on my knowledge, the distribution or servicing information
required to be provided to the depositor by the trustee under the pooling and
servicing, or similar, agreement, for inclusion in these reports is included in
these reports;

         4. I am responsible for reviewing the activities performed by the
depositor and the trustee under the pooling and servicing, or similar, agreement
and based upon my knowledge and the annual compliance review required under that
agreement, and except as disclosed in the reports, the depositor and trustee
have each fulfilled its obligations under that agreement; and

         5. The reports disclose all significant deficiencies relating to the
compliance by the depositor or trustee with the minimum servicing or similar
standards based upon the report provided by an independent public accountant,
after conducting a review in compliance with the Uniform Single Attestation
Program for Mortgage Bankers or similar procedure, as set forth in the pooling
or servicing, or similar, agreement, that is included in these reports.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated parties: The Bank of New York and
its officers and agents.


Date:  March 27, 2006                 /s/ Stephan Kuppenheimer
                                      -----------------------------------
                                      President
**Exhibit 23**

 

CONSENT OF INDEPENDENTREGISTERED PUBLIC ACCOUNTING FIRM

 

Wehereby consent to the incorporation by reference in the Registration Statementon Form N-2 (No. 333-100385) of Gladstone Capital Corporation of ourreport dated December 13, 2005 relating to the financial statements,financial statement schedules, management’s assessment of the effectiveness ofinternal control over financial reporting and the effectiveness of internalcontrol over financial reporting, which appears in this Form 10-K.

 

 
| PricewaterhouseCoopers LLP |
|----------------------------|
| McLean, VA                 |
| December 13,  2005    |

 

----
### §128. Washington

Washington is divided into two judicial districts to be known as the Eastern and Western Districts of Washington.

### Eastern District

(a) The Eastern District comprises the counties of Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry, Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln, Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla, Whitman, and Yakima.

Court for the Eastern District shall be held at Spokane, Yakima, Walla Walla, and Richland.

### Western District

(b) The Western District comprises the counties of Clallam, Clark, Cowlitz, Grays Harbor, Island, Jefferson, King, Kitsap, Lewis, Mason, Pacific, Pierce, San Juan, Skagit, Skamania, Snohomish, Thurston, Wahkiakum, and Whatcom.

Court for the Western District shall be held at Bellingham, Seattle, Tacoma, and Vancouver.

(June 25, 1948, ch. 646, 62 Stat. 894; Pub. L. 87–699, Sept. 25, 1962, 76 Stat. 598; Pub. L. 91–272, §4, June 2, 1970, 84 Stat. 297; Pub. L. 110–161, div. D, title III, §308, Dec. 26, 2007, 121 Stat. 1990.)

#### Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §193 (Mar. 3, 1911, ch. 231, §112, 36 Stat. 1128; June 15, 1937, ch. 351, 50 Stat. 260; Dec. 28, 1945, ch. 596, 59 Stat. 661).

Words "with the waters thereof," after the list of counties in each division, were omitted as unnecessary, and in view of the absence of such words in most similar sections relating to other States.

A provision relating to the maintenance of offices by the clerks were omitted as covered by section 751 of this title.

Provisions that the counties in both divisions of the eastern district included all Indian reservations in such counties and that the counties in both divisions of the western district included all Indian reservations in such counties were omitted as surplusage. (See Reviser's Note under section 114 of this title.)

Pend Oreille County of the northern division of the eastern district and Grays Harbor of the southern division of the western district were created since the enactment of the Judicial Code.

Changes in arrangement and phraseology were made.

#### **Editorial Notes**

#### Amendments

2007—Subsec. (b). Pub. L. 110–161 substituted "Bellingham, Seattle, Tacoma, and Vancouver" for "Bellingham, Seattle, and Tacoma".

1970—Subsec. (a). Pub. L. 91–272, §4(a), struck out provisions which had divided Eastern District into a Northern Division and a Southern Division.

Subsec. (b). Pub. L. 91–272, §4(b), struck out provisions which had divided Western District into a Northern Division and a Southern Division.

1962—Subsec. (a)(2). Pub. L. 87–699 provided for holding court at Richland.
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[Federal Register Volume 69, Number 159 (Friday, October 8, 2004)]
[Notices]
[Page 60351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22708]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Siskiyou County Resource Advisory Committee

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

-----------------------------------------------------------------------

SUMMARY: The Siskiyou County Resource Advisory Committee (RAC) will 
meet in Yreka, California, October 18, 2004. The meeting will include 
routine business, a discussion of large scale projects, and the review 
and recommendation for implementation of submitted project proposals. 
In addition, a pre-meeting introductory training session for newly 
appointed RAC members will be held beginning at 3:30 p.m. at the same 
location. Members of the public interested in the RAC and its 
authorizing law are welcome to attend.

DATES: The meeting will be held October 18, 2004, from 4:30 p.m. until 
8 p.m.

ADDRESSES: The meeting will be held at the Yreka High School Library, 
Preece Way, Yreka, California.

FOR FURTHER INFORMATION CONTACT: Don Hall, RAC Coordinator, Klamath 
National Forest, (530) 841-4468 or electronically at 
<a href="/cdn-cgi/l/email-protection#1f7b70717e737b777e73735f796c31797a7b316a6c"><span class="__cf_email__" data-cfemail="8de9e2e3ece1e9e5ece1e1cdebfea3ebe8e9a3f8fe">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The meeting is open to the public. Public 
comment opportunity will be provided and individuals will have the 
opportunity to address the Committee at that time.

    Dated: October 1, 2004.
Margaret J. Boland,
Designated Federal Official.
[FR Doc. 04-22708 Filed 10-7-04; 8:45 am]
BILLING CODE 3410-11-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
**Exhibit 32.1**

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO 

SECTION906 OF THE SARBANES-OXLEY ACT OF 2002 

In connection with the Annual Report of Heartland Payment Systems, Inc. (the“Company”) on Form 10-K for the period ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Robert O. Carr, Chief Executive Officer of the Company, herebycertify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my 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 operationsof the Company. 

This certification is being provided pursuant to 18 U.S.C. 1350 and is not to be deemed a part of the Report,nor is it deemed to be “filed” for any purpose whatsoever. 

Date: March 10, 2011
[Federal Register Volume 69, Number 197 (Wednesday, October 13, 2004)]
[Notices]
[Page 60840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22943]


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

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board


Grant of Authority; Establishment of a Foreign-Trade Zone; Auburn 
(Androscoggin County), ME

    Pursuant to its authority under the Foreign-Trade Zones Act of June 
18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board 
adopts the following Order:
    Whereas, the Foreign-Trade Zones Act provides for ``* * *. the 
establishment * * * of foreign-trade zones in ports of entry of the 
United States, to expedite and encourage foreign commerce, and for 
other purposes,'' and authorizes the Foreign-Trade Zones Board to grant 
to qualified corporations the privilege of establishing foreign-trade 
zones in or adjacent to U.S. Customs ports of entry;
    Whereas, the Lewiston-Auburn Economic Growth Council, a Maine not-
for-profit corporation (the Grantee), has made application to the Board 
(FTZ Docket 14-2004, filed 4/5/04), requesting the establishment of a 
foreign-trade zone at sites in Auburn (Androscoggin County), Maine, 
within the Portland, Maine, Customs port of entry;
    Whereas, notice inviting public comment has been given in the 
Federal Register (69 FR 19387, 4/13/04); and,
    Whereas, the Board adopts the findings and recommendations of the 
examiner's report, and finds that the requirements of the FTZ Act and 
the Board's regulations are satisfied, and that approval of the 
application is in the public interest;
    Now, therefore, the Board hereby grants to the Grantee the 
privilege of establishing a foreign-trade zone, designated on the 
records of the Board as Foreign-Trade Zone No. 263, at the sites 
described in the application, and subject to the Act and the Board's 
regulations, including Sec.  400.28.

    Signed at Washington, DC, this 1st day of October, 2004.

Foreign-Trade Zones Board.
Donald L. Evans,
Secretary of Commerce, Chairman and Executive Officer.
    Attest:
Dennis Puccinelli,
Executive Secretary.
[FR Doc. 04-22943 Filed 10-12-04; 8:45 am]
BILLING CODE 3510-DS-P