alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2004 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

1-8-2004

Shapiro v. Prudential Ins Co

Precedential or Non-Precedential: Precedential

Docket No. 02-3805

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2004

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

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Recommended Citation

"Shapiro v. Prudential Ins Co" (2004). 2004 Decisions. Paper 1051.

http://digitalcommons.law.villanova.edu/thirdcircuit_2004/1051
NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

 

No.02-3805

______________

STEPHEN SHAPIRO

 Appellant

 v.

PRUDENTIAL INSURANCE COMPANY OF AMERICA

 

 

Appeal from the United States District Court

for the District of New Jersey

(D.C. Civil Action No. 99-CV-04325)

District Judge: Honorable Dennis M. Cavanaugh

______________________

Submitted Under Third Circuit LAR 34.1(a) 

on June 16, 2003

Before: ALITO, ROTH, and HALL* , Circuit Judges

____________________

*The Hon. Cynthia H. Hall, Circuit Judge for the United States Court of Appeals

for the Ninth Circuit, sitting by designation.
2

ORDER AMENDING OPINION

ROTH, Circuit Judge

IT IS ORDERED that the Not Precedential Opinion in the above case filed

October 28, 2003, be amended as follows:

On page 4, second to last sentence in the last paragraph after “experience”. 

Please insert this sentence “Because Prudential both funds and administers the benefits at

issue here, its decision to terminate benefits is reviewed under a ‘heightened arbitrary and

capricious standard.’ Pinto v. Reliance Standard Life Ins. Co., 214 F.3d 377, 378 (3d Cir.

2000). 

By the Court,

 /s/ JANE. R. ROTH 

Circuit Judge

Dated: January 7, 2004

RLS/cc: SJH

 CHP

 HLM

 CAR
### Part F—Research Infrastructure
FIRST DISTRICT COURT OF APPEAL

STATE OF FLORIDA

_____________________________

No. 1D17-4338

_____________________________

KHALIL KEARI BARNETT,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

_____________________________

On appeal from the Circuit Court for Alachua County.

Phillip A. Pena, Judge.

May 15, 2019

PER CURIAM.

AFFIRMED.

MAKAR, OSTERHAUS, and JAY, JJ., concur.

_____________________________

Not final until disposition of any timely and 

authorized motion under Fla. R. App. P. 9.330 or 

9.331.

_____________________________
2

Andy Thomas, Public Defender, and Greg Caracci, Assistant 

Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Samuel B. Steinberg,

Assistant Attorney General, Tallahassee, for Appellee.
#### In the Matter of Antonio Searles, Petitioner, v Glenn S. Goord, as Commissioner of Correctional Services, Respondent.

[820 NYS2d 370]

Proceeding pursuant to CPLR article 78 (transferred to this Court by order of the Supreme Court, entered in Albany County) to review a determination of respondent which found petitioner guilty of violating certain prison disciplinary rules.

Petitioner was charged in a misbehavior report with smug*1076gling and conspiracy to introduce drugs into the facility after an investigation revealed that he solicited his mother to bring marihuana to him in prison. At the conclusion of a tier III disciplinary hearing, petitioner was found guilty of both charges and a penalty was imposed. The determination was affirmed on administrative appeal but the penalty reduced, and petitioner thereafter commenced this CPLR article 78 proceeding.

Inasmuch as substantial evidence supports the determination of guilt, we confirm. Petitioner’s claim that he was unaware of his mother’s plan to smuggle in the drugs is unavailing. Evidence adduced at the hearing included a tape-recorded conversation between petitioner and his mother in which she promised to bring petitioner the “stuff,” as well as a written statement issued by the person who attempted to make the delivery on the mother’s behalf that a portion of the marihuana was intended for petitioner. Although the word “drugs” was not specifically used by petitioner or his mother, the Hearing Officer could reasonably infer, based upon the evidence in its entirety, that the transaction involved drugs (see *Matter of Delgado v Hurlburt,*279 AD2d 734, 735 [2001]). Petitioner’s argument that his conversation with his mother was in reference to food, not drugs, created a credibility issue that the Hearing Officer was entitled to resolve against him (see *Matter of McGoey v Selsky,*260 AD2d 814, 815 [1999]).

Mercure, J.P., Spain, Carpinello, Lahtinen and Kane, JJ., concur. Adjudged that the determination is confirmed, without costs, and petition dismissed.
No: 16-058 October 7, 2016

Contact: Ivonne Couret, 301-415-8200

NRC Remains a Top Performer in Government Survey

The Nuclear Regulatory Commission remains a top place to work in the federal government, 

according to the recently released U.S. Office of Personnel Management (OPM) 2016 Federal 

Employee Viewpoint Survey (FEVS) results, exceeding government-wide results in a number of key 

areas.

“We continue to meet the challenges facing the agency while maintaining a clear focus on 

safety and security, and carrying out our core mission of protecting public health and safety,” said NRC 

Chairman Stephen G. Burns. “I am pleased that the NRC continues to score in the top tiers in most 

areas, despite a slight decline in other areas. This survey is an important tool in providing useful 

information to help us continually improve as a place to work.”

Burns added that with the changing environment ahead, it is important that the NRC continues 

to address employee feedback by encouraging specific improvement initiatives and related action 

planning at office- and agency-wide levels throughout the NRC. 

The NRC ranked within the top 10 medium-size agencies (1,000 to 9,999 employees) in the 

areas of global satisfaction and employee engagement. NRC staff provided positive responses to the 

majority of questions, consistently scoring well above government averages on all OPM’s major 

indices – employee engagement, global satisfaction, and diversity and inclusion, also known as the new 

inclusion quotient (IQ).

The NRC employee engagement score was 74 percent, compared to 62 percent government 

wide with the agency ranking fifth overall. Employee engagement summarizes the results of several 

indices in the survey, measuring areas where agencies can focus to promote an engaged workforce. The 

agency score in global satisfaction was 71 percent compared to 62 percent government wide. Global 

satisfaction measures employee satisfaction as it relates to job, organization, and pay, as well as 

willingness to recommend their agency to others as a good place to work. The agency’s overall “new 

IQ” score was 68 percent, compared to the average of 58 percent. 

Overall, the NRC’s FEVS participation rate was 62 percent, exceeding the 46 percent 

government-wide response rate. The NRC uses these survey results to identify improvement 

opportunities, while helping to build a stronger agency culture. 

The FEVS is conducted annually by OPM and evaluates management leadership, employee 

satisfaction, and organizational culture of federal agencies. Specifically, it measures employees’ 
Page | 2

perception of whether, and to what extent, their organizations have the characteristics typically 

associated with high-performing, successful organizations. 

The NRC encourages all employees to participate in FEVS, as the results of the survey are a key 

source for obtaining input from staff and continually improving and maintaining an effective 

workforce.
Air Force Federal Acquisition Regulation Supplement - MP      		**Parent topic:** Volume II - MP Parts 5301 to 5352
Exhibit
No. 32
 
 
 Certification
of Steven J. Smith, Chairman and Chief Executive Officer and Andre J. Fernandez,
Executive Vice President, Finance & Strategy and Chief Financial Officer of
Journal Communications, Inc., pursuant to 18 U.S.C. Section 1350
 
 Solely
for the purposes of complying with 18 U.S.C. s.1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, we, the undersigned Chairman and
Chief Executive Officer and the Executive Vice President, Finance & Strategy
and Chief Financial Officer of Journal Communications, Inc. (the “Company”),
hereby certify, based on our knowledge, that the Quarterly Report on Form 10-Q
of the Company for the quarter ended March 28, 2010 (the “Report”) fully
complies with the requirements of Section 13(a) of the Securities Exchange Act
of 1934 and that information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company.
 
 
 /s/ Steven J. SmithSteven
      J. Smith, Chairman and Chief Executive OfficerDate:  May
      10, 2010/s/ Andre J. FernandezAndre
      J. Fernandez, Executive Vice President, Finance & Strategy and Chief
      Financial OfficerDate:  May
      10, 2010
##### 



CERTIFICATION PURSUANT TO
SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    I have reviewed this quarterly report on Form 10-QSB of Across America
Real Estate Corporation;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 small business issuer as of, and for, the periods presented in
this report;4.
    
    The small business issuer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(d))
for the small business issuer 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 small
business issuer, 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 small business issuer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 small business issuers
internal control over financial reporting that occurred during the
small business issuers most recent fiscal quarter (the small business
issuers fourth fiscal quarter in the case of an annual report) that
has materially affected, or is reasonably likely to materially affect,
the small business issuers internal control over financial reporting;
and
 5.
    
    The small business issuers other certifying officer(s) and I have
disclosed, based on our most recent evaluation of internal control
over financial reporting, to the small business issuers auditors and
the audit committee of the small business issuer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 small business issuer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 small business issuers
internal control over financial reporting.
 Dated November 13, 2006
    /s/ James W. Creamer IIIJames W. Creamer III,Treasurer, Chief Financial Officer
EXHIBIT 32.1

CERTIFICATION PURSUANT TO18 U.S.C SECTION 1350AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of NORTH AMERICAN NATURAL GAS, INC. (the Company) on Form 10-K for the ended April 30, 2008 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Jim Glavas, Principal Executive and 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 this Report fairly presents, in all material aspects, the financial condition and results of operations of all the Company.
| |    









JIM GLAVASJim GlavasPrincipal Executive and Financial OfficerJuly 24, 2008














---
**Exhibit 32.1**

** **

**CERTIFICATIONPURSUANT TO 18 U.S.C. SECTION 1350**

**ASADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the quarterly report on Form 10-Qof Little Sioux Corn Processors, L.L.C. (the “Company”) for the three monthfiscal quarter ended December 31, 2005, as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Stephen Roe,President and Chief Executive Officer of the Company, certify, pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

 

1.             TheReport fully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934, as amended; and

 

2.             Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
|   |   /s/  Stephen Roe               |
|--------|---------------------------------------|
|   | Stephen Roe                           |
|   | President and Chief Executive Officer |
|   | Dated:                                |   February 14,  2006 |   |

 

----
Exhibit 31.1

                                 CERTIFICATIONS

I, Alexander V. Lagerborg, certify that:

1. I have reviewed the report being filed on Form 10-QSB by ACROSS AMERICA REAL
ESTATE CORP.;

2. Based on my knowledge, the 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 the report;

3. Based on my knowledge, the financial statements, and other financial
information included in the report, fairly present in all material respects the
financial condition, results of operations and cash flows of ACROSS AMERICA REAL
ESTATE CORP. as of, and for, the periods presented in the report;

4. I and the other certifying officer are responsible for establishing and
maintaining disclosure controls and procedures (as such term is defined in
Regulation 13a-14 of the Securities Exchange Act of 1934) for ACROSS AMERICA
REAL ESTATE CORP and have:

     i. Designed such disclosure controls and procedures to ensure that material
information relating to ACROSS AMERICA REAL ESTATE CORP, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which the periodic reports are being prepared;

     ii. Evaluated the effectiveness of ACROSS AMERICA REAL ESTATE CORP.'s
disclosure controls and procedures as of a date within 90 days prior to the
filing date of the report ("Evaluation Date"); and

     iii. Presented in the report our conclusions about the effectiveness of the
disclosure controls and procedures based on our evaluation as of the Evaluation
Date;

5. I and the other certifying officer have disclosed, based on our most recent
evaluation, to the ACROSS AMERICA REAL ESTATE CORP. auditors and the audit
committee of the board of directors (or persons fulfilling the equivalent
function):

     i. All significant deficiencies in the design or operation of internal
controls which could adversely affect ACROSS AMERICA REAL ESTATE CORP.'s ability
to record, process, summarize and report financial data and have identified
ACROSS AMERICA REAL ESTATE CORP.'s auditors any material weaknesses in internal
controls; and

     ii. Any fraud, whether or not material, that involves management or other
employees who have a significant role in the issuer's internal controls; and

6. I and the other certifying officer have indicated in the report whether or
not there were significant changes in internal controls or in other factors that
could significantly affect internal controls subsequent to the date of our most
recent evaluation, including any corrective actions with regard to significant
deficiencies and material weaknesses.

Date: 8/12/05

                                 /s/ Alexander V. Lagerborg
                                 -----------------------------------------------
                                 Alexander V. Lagerborg, Chief Executive Officer
Other Features

Road Level

Water

1

2

3

4

5

Legend

Subcategories to RX Areas

State Natural Area

Natural Resource Areas

Core Areas

Wildlife Refuge

Wetlands

Environmental Education &

Developed Recreation Areas

Developed Recreation

Environmental Education

Turkey Bay OHV

Administrative Areas

Administration

Communications

Utility Corridor

Prepared by US Forest Service, Land Between The Lakes

GIS Laboratory, September 2004

General Forest

Nature Watch Demo

Source scales vary, and accuracy of the final land cover has not been assessed. 

Lakes are associated with facilities. Honker and Energy Lakes are also wildlife 

refuges. All Research Natural Areas and State Natural Areas lie within the Core 

Areas. Core acreages are based on GIS data, not previously published. Closed 

facilities under Administrative Areas include Duncan Wildlife Restoration Area, 

Empire Farm, Youth Station, Lookout Tower, and Silo Overlook.

Disclaimer

Oak-Grassland Demo

012

Miles

 ̄

Land

NATIONAL RECREATION AREA

Between Lakes The

LRMP 

Prescription Areas

SOUTH
Part 548 - Value Engineering       Subpart 548.1 - Policies and Procedures                                                         548.101 General.    **Parent topic:** General Services Administration Acquisition ManualSubpart 548.1 - Policies and Procedures 	  548.101 General. 		    GSA Order PBS 8050.1, Public Buildings Service Value Engineering Programs provides guidance on using value engineering.
### SUBCHAPTER X—DEMONSTRATION MEDICAL WASTE TRACKING PROGRAM
#### The People of the State of Illinois, Defendant in Error, v. Arnt Hendrickson, Plaintiff in Error.

Gen. No. 19,781.

(Not to be reported in full.)

Abstract of the Decision.

Husband and wine, ,§ *274*
      ***
      *—when evidence shows husband guilty of wife abandonment.*A finding of guilty in a prosecution for wife abandonment *held*sustained by the evidence, where it appeared that defendant wilfully deserted his wife on a certain date without any intention of resuming cohabitation, that upon reguest he failed to provide for the family, and that the wife did not consent to the separation.

Error to the Municipal Court of Chicago; the Hon. Hugh J. Keabns, Judge, presiding. Heard in the Branch Appellate Court at the March term, 1914.

Affirmed.

Opinion filed December 31, 1914.

Statement of the Case.

Prosecution by the People of the State of Illinois against Arnt Hendrickson for wife abandonment. The defendant was found guilty and ordered to pay his wife nine dollars per week for one year for her support. To reverse the order defendant prosecutes a writ of error.

Charles J. Trainor, for plaintiff in error.

Maclay Hoyne, for defendant in error; Edward E. Wilson, of counsel.

See Illinois Notes Digest, Vola. XI to XV, and Cumulative Quarterly, same topic and section number.

Mr. Presiding Justice Fitch

delivered the opinion of the court.
|   | (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. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | By:  | /s/Gadi Aner                          |   |
|--------|-----------|---------------------------------------|--------|
|   |      | Gadi Aner                             |   |
|   |      | Chief Executive Officer and Chairman  |
|   |      |                                  |   |
|   | By:       | /s/Gabby Klausner                     |   |
|   |      | Gabby Klausner                        |   |
|   |      | Treasurer and Chief Financial Officer |

----
Exhibit 31.1

CERTIFICATION PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002, AS AMENDED

I, Charles Sander, certify
that:

1. I have reviewed this quarterly report on Form 10-QSB/A of Catcher Holdings, Inc.;

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;



|                      |  |  |  |                                       
|--------------------- |  |  |  | --------------------------------------
|Date: October 3, 2006 |  |  |  | /s/ Charles Sander                    
|                      |  |  |  | Charles Sander Chief Executive
Officer
###### Editorial Note on Part 200

#### Editorial Note:

Nomenclature changes to part 200 appear at 76 FR 60371, Sept. 29, 2011.

#### §§ 200.652-200.659 [Reserved]
### §1490r. Rural housing voucher program

#### (a) In general

To such extent or in such amounts as are approved in appropriation Acts, the Secretary shall carry out a rural housing voucher program to assist very low-income families and persons to reside in rental housing in rural areas. For such purposes, the Secretary may provide assistance using a payment standard based on the fair market rental rate established by the Secretary for the area. The monthly assistance payment for any family shall be the amount by which the payment standard for the area exceeds 30 per centum of the family's monthly adjusted income, except that such monthly assistance payment shall not exceed the amount which the rent for the dwelling unit (including the amount allowed for utilities in the case of a unit with separate utility metering) exceeds 10 per centum of the family's monthly gross income.

#### (b) Coordination and limitation

In carrying out the rural housing voucher program under this section, the Secretary shall—

(1) coordinate activities under this section with activities assisted under sections 1485 and 1490m of this title; and

(2) enter into contracts for assistance for not more than 5000 units in any fiscal year.

(July 15, 1949, ch. 338, title V, §542, as added Pub. L. 102–550, title VII, §706(2), Oct. 28, 1992, 106 Stat. 3835.)