alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Paul Brobeck, Respondent, v Mohamed Jolloh, Appellant.

[819 NYS2d 840]

In an action to recover damages for personal injuries, the defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Vaughan, J.), dated July 21, 2005, as denied his motion for summary judgment dismissing the complaint on the ground that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d).

Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant made a prima facie showing, via his submissions, that the plaintiff did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident *(see Toure v Avis Rent A Car Sys.,*98 NY2d 345 [2002]; *Gaddy v Eyler,*79 NY2d 955 [1992]; *Kearse v New York City Tr. Auth.,*16 AD3d 45 [2005]; *Collins v Stone,*8 AD3d 321 [2004]). In opposition, the plaintiff failed to establish the existence of a triable issue of fact. The plaintiff principally relied upon the affidavit of his treating neurologist, who also submitted an affirmed medical report. Neither submission raised a triable issue of fact since in both the affidavit and the affirmed medical report the plaintiff’s examining neurologist relied on the unaffirmed/unsworn reports of others in reaching his opinion and diagnosis *(see Vallejo v Builders for Family Youth, Diocese of Brooklyn, Inc.,*18 AD3d 741, 742 [2005]; *Mahoney v Zerillo,*6 AD3d 403 [2004]; *Friedman v U-Haul Truck Rental,*216 AD2d 266, 267 [1995]). All of the remaining submissions of the plaintiff, with the exception of his own affidavit, were *527unaffirmed/unsworn and thus without probative value in opposing the defendant’s motion *(see Grasso v Angerami,*79 NY2d 813, 814 [1991]; *Hernandez v Taub,*19 AD3d 368, 368 [2005]; *Pagano v Kingsbury,*182 AD2d 268, 270 [1992]). In the absence of such admissible evidence of injury, the plaintiffs self-serving affidavit was insufficient to raise a triable issue of fact *(see Fisher v Williams,*289 AD2d 288, 289 [2001]). Accordingly, the Supreme Court erred in denying the defendant’s motion for summary judgment dismissing the complaint. Schmidt, J.P., Crane, Krausman, Skelos and Lunn, JJ., concur.
I 

112TH CONGRESS 

2D SESSION H. R. 4042 

To amend the Public Health Service Act to designate certain medical facilities 

of the Department of Veterans Affairs as health professional shortage 

areas, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 15, 2012 

Mr. BRALEY of Iowa introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend the Public Health Service Act to designate certain 

medical facilities of the Department of Veterans Affairs 

as health professional shortage areas, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans Access to 

5 Care Act’’. 


PWALKER on DSK7TPTVN1PROD with BILLS
2 

•HR 4042 IH

1 SEC. 2. DESIGNATION OF MEDICAL FACILITIES OF THE DE2 PARTMENT OF VETERANS AFFAIRS AS 

3 HEALTH PROFESSIONAL SHORTAGE AREAS. 

4 (a) HPSA.—Section 332(a)(1) of the Public Health 

5 Service Act (42 U.S.C. 254e(a)(1)) is amended in the sec6 ond sentence by inserting ‘‘and medical facilities of the 

7 Department of Veterans Affairs (including State homes, 

8 as defined in section 101(19) of title 38, United States 

9 Code)’’ after ‘‘(42 U.S.C. 1395x(aa)),’’. 

10 (b) CONCURRENT BENEFITS.— 

11 (1) SCHOLARSHIP PROGRAM.—Section 338A(b) 

12 of the Public Health Service Act (42 U.S.C. 254l(b)) 

13 is amended— 

14 (A) in paragraph (3), by striking ‘‘and’’; 

15 (B) in paragraph (4), by striking the pe16 riod and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following new 

18 paragraph: 

19 ‘‘(5) not be participating in the Department of 

20 Veterans Affairs Health Professionals Educational 

21 Assistance Program under chapter 76 of title 38, 

22 United States Code.’’. 

23 (2) DEBT REDUCTION PROGRAM.—Section 

24 338B(b) of the Public Health Service Act (42 

25 U.S.C. 254l–1(b)) is amended— 

26 (A) in paragraph (2), by striking ‘‘and’’; 


PWALKER on DSK7TPTVN1PROD with BILLS
3 

•HR 4042 IH

1 (B) in paragraph (3), by striking the pe2 riod and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following new 

4 paragraph: 

5 ‘‘(4) not be participating in the Department of 

6 Veterans Affairs Health Professionals Educational 

7 Assistance Program under chapter 76 of title 38, 

8 United States Code.’’. 

9 (c) CONSULTATION.—In carrying out the National 

10 Health Service Corps Program under subpart II of part 

11 D of title III of the Public Health Service Act (42 U.S.C. 

12 254d et seq.), the Secretary of Health and Human Serv13 ices shall consult with the Secretary of Veterans Affairs 

14 with respect to health professional shortage areas that are 

15 medical facilities of the Department of Veterans Affairs 

16 (including State homes, as defined in section 101(19) of 

17 title 38, United States Code). 

18 (d) EFFECTIVE DATE.—The amendments made by 

19 this section shall take effect on the date that is 90 days 

20 after the date of the enactment of this Act. 

Æ 


PWALKER on DSK7TPTVN1PROD with BILLS
#### § 38.701 Enforcement staff.

A designated contract market must establish and maintain sufficient enforcement staff and resources to effectively and promptly prosecute possible rule violations within the disciplinary jurisdiction of the contract market. A designated contract market must also monitor the size and workload of its enforcement staff annually, and ensure that its enforcement resources and staff are at appropriate levels. The enforcement staff may not include either members of the designated contract market or persons whose interests conflict with their enforcement duties. A member of the enforcement staff may not operate under the direction or control of any person or persons with trading privileges at the contract market. A designated contract market's enforcement staff may operate as part of the designated contract market's compliance department.
### subpart iii—minority aids initiative
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                       2,864,023
<SECURITIES>                                         0
<RECEIVABLES>                                   52,316
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             2,916,339
<PP&E>                                       7,008,075
<DEPRECIATION>                                (14,876)
<TOTAL-ASSETS>                               9,909,538
<CURRENT-LIABILITIES>                           91,203
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                   9,818,335
<TOTAL-LIABILITY-AND-EQUITY>                 9,909,538
<SALES>                                        259,414
<TOTAL-REVENUES>                               313,398
<CGS>                                                0
<TOTAL-COSTS>                                   24,663
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                288,735
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            288,735
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   288,735
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
**Exhibit 32.1**

 

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 QuarterlyReport of MarkWest Hydrocarbon, Inc. (the “Company”), on Form 10-Q for theperiod ending June 30, 2004, as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Frank M. Semple, ChiefExecutive Officer of the Company, certify, to the best of my knowledge,pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-OxleyAct of 2002, that:

 

(1) The Report fully complies with the requirements ofsection 13(a) or 15(d) of the Securities Exchange Act of 1934; and

 

(2) The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 
| /s/ FRANK M. SEMPLE      |   |
|--------------------------|--------|
|                     |
| Frank M.  Semple         |
| Chief  Executive Officer |
|                     |
| August 11, 2004          |

 

1

----
#### The People of the State of New York, Respondent, v Franklin Clark, Also Known as Joseph Cahill, Appellant.

Two judgments of the County Court, Westchester County, both rendered February 24, 1975, upon resentence (Indictment Nos. 73-321-01 and 73-350-01), affirmed. No opinion. We note that no application for assignment of counsel under Indictment No. 74-200-01 has yet been made. Latham, J. P., Rabin, Titone and O’Connor, JJ., concur.
[Federal Register Volume 69, Number 237 (Friday, December 10, 2004)]
[Notices]
[Page 71815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27302]


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

FEDERAL RETIREMENT THRIFT INVESTMENT BOARD


Sunshine Act Notice

Time and Date: 10 a.m. (e.s.t.), December 20, 2004.

Place: 4th Floor Conference Room, 1250 H Street, NW., Washington, DC.

Status: Parts will be open to the public and parts closed to the 
public.

Matters To Be Considered: 

Parts Open to the Public

    1. Approval of the minutes of the November 15, 2004, Board member 
meeting.
    2. Thrift Savings Plan activity report by the Executive Director.

Parts Closed to the Public

    3. Procurement.

CONTACT FOR FURTHER INFORMATION: Thomas J. Trabucco, Director, Office 
of External Affairs, (202) 942-1640.

    Dated: December 8, 2004.
Elizabeth S. Woodruff,
Secretary to the Board, Federal Retirement Thrift Investment Board.
[FR Doc. 04-27302 Filed 12-8-04; 3:19 pm]
BILLING CODE 6760-01-P
### §242o. Health conferences; publication of health educational information

(a) A conference of the health authorities in and among the several States shall be called annually by the Secretary. Whenever in his opinion the interests of the public health would be promoted by a conference, the Secretary may invite as many of such health authorities and officials of other State or local public or private agencies, institutions, or organizations to confer as he deems necessary or proper. Upon the application of health authorities of five or more States it shall be the duty of the Secretary to call a conference of all State health authorities joining in the request. Each State represented at any conference shall be entitled to a single vote. Whenever at any such conference matters relating to mental health are to be discussed, the mental health authorities of the respective States shall be invited to attend.

(b) From time to time the Secretary shall issue information related to public health, in the form of publications or otherwise, for the use of the public, and shall publish weekly reports of health conditions in the United States and other countries and other pertinent health information for the use of persons and institutions concerned with health services.

(July 1, 1944, ch. 373, title III, §310, formerly §§309, 310, as added Pub. L. 93–353, title I, §107(a), July 23, 1974, 88 Stat. 371; renumbered §310, Pub. L. 95–623, §6(a), (b), Nov. 9, 1978, 92 Stat. 3447.)

#### **Editorial Notes**

#### Codification

Subsec. (a) of this section consists of former section 309 of act July 1, 1944, prior to the renumbering of that section as section 310(a) by Pub. L. 95–623. Subsec. (b) of this section consists of former section 310 of act July 1, 1944, prior to the renumbering of that section as section 310(b) by Pub. L. 95–623.

#### Prior Provisions

A prior section 310 of act July 1, 1944, was renumbered section 329, and was classified to section 254b of this title prior to the general amendment of subpart I (§254b et seq.) of part D of this subchapter by Pub. L. 104–299.

Provisions similar to those comprising subsec. (a) of this section were contained in section 312 of act July 1, 1944, ch. 373, title III, 58 Stat. 693, as amended (formerly classified to section 244 of this title), prior to repeal by Pub. L. 93–353, §102(a).

Provisions similar to those comprising subsec. (b) of this section were contained in section 315 of act July 1, 1944, ch. 373, title III, 58 Stat. 695; Oct. 30, 1970, Pub. L. 91–515, title II, §282, 84 Stat. 1308 (formerly classified to section 247 of this title), prior to repeal by Pub. L. 93–353, §102(a).
### SCWC-28948 IN THE SUPREME COURT OF THE STATE OF HAWAI # I

PACIFIC LIGHTNET, INC., Petitioner/Plaintiff-Appellant/Cross-Appellee,

vs. TIME WARNER TELECOM, INC., and TIME WARNER TELECOM OF HAWAII L.P., Respondents/Defendants-Appellees/Cross-Appellants. (Civil No. 03-1-2557) PACIFIC LIGHTNET, INC., Petitioner/Plaintiff-Appellant/Cross-Appellee,

vs. TIME WARNER TELECOM OF HAWAII L.P. a Delaware limited partnership, Respondent/Defendant-Appellee/Cross-Appellant, and ALVEN KAMP, Respondent/Defendant-Appellee.

(Civil No. 05-1-0428)

CERTIORARI TO THE INTERMEDIATE COURT OF APPEALS (ICA NOS. 28948 and 29105; CIVIL NOS. 03-1-2557 and 05-1-0428) ORDER ACCEPTING APPLICATION FOR WRIT OF CERTIORARI ( B y : R e c k t e n w a l d , C . J . , N a k a y a m a , A c o b a , M c K e n n a , a n d P o l l a c k , J J . )



### The Application for Writ of Certiorari filed on April 22, 2013 by Petitioner/Plaintiff-Appellant/Cross-Appellee Pacific Electronically Filed Supreme Court SCWC-28948 29-MAY-2013 11:25 AM

### Lightnet, Inc. is hereby accepted and will be scheduled for oral

argument. The parties will be notified by the appellate clerk regarding scheduling.

DATED: Honolulu, Hawai # i, May 29, 2013. Margery S. Bronster, /s/ Mark E. Recktenwald Rex Y. Fujichaku, for petitioner /s/ Paula A. Nakayama J. Douglas Ing, /s/ Simeon R. Acoba, Jr. Brian A. Kang, and Emi L.M. Kaimuloa, /s/ Sabrina S. McKenna for respondent /s/ Richard W. Pollack

2
§ 43.1 Purpose, scope, and rules of construction. ( a ) *Purpose.* This part implements rules relating to the reporting and public dissemination of certain swap transaction and pricing data to enhance transparency and price discovery pursuant to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, Pub. L. 111-203, 124 Stat. 1376 (2010).
( b ) *Rules of construction.* The examples in this part are not exclusive. Compliance with a particular example or application of a sample clause, to the extent applicable, shall constitute compliance with the particular portion of the rule to which the example relates.
[76 FR 1243, Jan. 9, 2012, as amended at 85 FR 75476, Nov. 25, 2020]
(logo) Deloitte

 

 

 

**Deloitte &Touche LLP**

 695 TownCenter Drive 

Suite 1000

Costa Mesa, CA92626 

USA

 

Tel:  714 4367100

Fax:  714 4367100

www.deloitte.com

 

**REPORT OFINDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

To Pacific LifeInsurance Company:

 

We have examinedmanagement’s assertion, included in the accompanying Management’s Report onAssessment of Compliance with SEC Regulation AB Servicing Criteria, thatPacific Life Insurance Company (the “Company”) complied with the relevantservicing criteria set forth in Item 1122 (d) of the Securities and ExchangeCommission’s Regulation AB for the Securitized Commercial Mortgage LoansPlatform (the “Platform”) as of and for the year ended December 31, 2019,excluding criteria 1122 (d)(1)(iii), (d)(2)(ii), (d)(3)(i), d(3)(ii),(d)(3)(iii), (d)(3)(iv),(d)(4)(ii), (d)(4)(iv), (d)(4)(v), (d)(4)(ix),(d)(4)(x), (d)(4)(xi), (d)(4)(xii), (d)(4)(xiii), (d)(4)(xiv), and (d)(4)(xv),which management has determined are not applicable to the activities performedby the Company with respect to the Platform. Appendix A to management’sassertion identifies the individual asset-backed transactions defined bymanagement as constituting the Platform. Management is responsible for theCompany’s compliance with the relevant servicing criteria. Our responsibilityis to express an opinion on management’s assertion about the Company’scompliance with the relevant servicing criteria based on our examination.

 

Our examinationwas conducted in accordance with attestation standards of the Public CompanyAccounting Oversight Board (United States) and, accordingly, includedexamining, on a test basis, evidence about the Company’s compliance with theapplicable servicing criteria, including tests on a sample basis of servicingactivities related to the Platform, determining whether the Company performedthose selected activities in compliance with the relevant servicing criteriaduring the specified period, and performing such other procedures as weconsidered necessary in the circumstances. Our procedures were limited toselected servicing activities performed by the Company during the periodcovered by this report and, accordingly, such samples may not have includedservicing activities related to each specific asset-backed transaction includedin the Platform. Further, an examination is not designed to detectnoncompliance arising from errors that may have occurred prior to the periodspecified above that may have affected the balances or amounts calculated orreported by the Company during the period covered by this report. We believethat our examination provides a reasonable basis for our opinion. Ourexamination does not provide a legal determination on the Company’s compliancewith the relevant servicing criteria.

 

In our opinion,management’s assertion that the Company complied with the aforementionedapplicable servicing criteria as of and for the year ended December 31, 2019for the Securitized Commercial Mortgage Loans Platform is fairly stated, in allmaterial respects.

 

/s/ Deloitte &Touche LLP

Deloitte &Tounche LLP

 

February 18, 2020
PUBLIC LAW 115–421—JAN. 3, 2019 132 STAT. 5449 

LEGISLATIVE HISTORY—S. 3444: 

CONGRESSIONAL RECORD, Vol. 164 (2018): 

Dec. 18, considered and passed Senate. 

Dec. 20, considered and passed House. 

Æ 

Public Law 115–421 

115th Congress 

An Act 

To designate the community-based outpatient clinic of the Department of Veterans 

Affairs in Lake Charles, Louisiana, as the ‘‘Douglas Fournet Department of Veterans Affairs Clinic’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. DESIGNATION OF DOUGLAS FOURNET DEPARTMENT OF 

VETERANS AFFAIRS CLINIC IN LAKE CHARLES, LOUISIANA. 

(a) DESIGNATION.—The community-based outpatient clinic of 

the Department of Veterans Affairs in Lake Charles, Louisiana, 

shall after the date of the enactment of this Act be known and 

designated as the ‘‘Douglas Fournet Department of Veterans Affairs 

Clinic’’ or the ‘‘Douglas Fournet VA Clinic’’. 

(b) REFERENCE.—Any reference in any law, regulation, map, 

document, paper, or other record of the United States to the community-based outpatient clinic referred to in subsection (a) shall be 

considered to be a reference to the Douglas Fournet Department 

of Veterans Affairs Clinic. 

Approved January 3, 2019. 

Jan. 3, 2019 

[S. 3444] 


dkrause on DSKBC28HB2PROD with PUBLAWS
Subpart 5308.4 - FEDERAL SUPPLY SCHEDULES    **Parent topic:** Part 5308 - Required Sources of Supplies and Services5308.404 Use of Federal Supply Schedules       (h)(3)(ii)(C) See MP5301.601(a)(i). for approval of a T&M/LH order with a total performance period, including options, that is more than three years.5308.405-3 Blanket Purchase Agreements (BPA)       (a)(3)(ii) See MP5301.601(a)(i). for approval to award a single-award Blanket Purchase Agreement with an estimated value exceeding $100 million (including any options).5308.405-6 Limited Sources       (b)(3)(ii)(C) See MP5301.601(a)(i) for approval of a written determination that access through e-Buy is not in Government's interest.         (a)-(d) Justification Approvals         See DAFFARS 5306.304 (a) for the approving officials for proposed orders or BPAs using the limited or sole source justification at FAR 8.405-6. See the tailorable Limited Sources Justification and Approval (J&A) template. See DAFFARS 5306.303-1-90 for “Bridge Actions.”
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.                  

###### Department of the Interior

###### Bureau of Land Management 

          - [ES-960-1420-BJ-TRST] ES-052518, Group No. 155, Minnesota 

# AGENCY:

Bureau of Land Management, Interior. 

# ACTION:

Notice of Filing of Plat of Survey; Minnesota. 

# SUMMARY:

                        The Bureau of Land Management (BLM) will file the plat of survey of the lands described below in the BLM-Eastern States, Springfield, Virginia, 30 calender days from the date of publication in the                         **Federal Register**                        .                     

# FOR FURTHER INFORMATION CONTACT:

Bureau of Land Management, 7450 Boston Boulevard, Springfield, Virginia 22153. Attn: Cadastral Survey. 

# SUPPLEMENTARY INFORMATION:

This survey was requested by the Bureau of Indian Affairs. 

*The lands we surveyed are:*

Fifth Principal Meridian, Minnesota 

T. 144 N., R. 39 W. 

The plat of survey represents the dependent resurvey of a portion of the south and west boundaries and a portion of the subdivisional lines; and the survey of the subdivision of sections 2, 4, 11, 13-15, 18-28, and 32-36, Township144 North, Range 39 West, of the Fifth Principal Meridian, Minnesota, and was accepted November 17, 2004. We will place a copy of the plat we described in the open files. It will be available to the public as a matter of information. 

If BLM receives a protest against this survey, as shown on the plat, prior to the date of the official filing, we will stay the filing pending our consideration of the protest. 

We will not officially file the plat until the day after we have accepted or dismissed all protests and they have become final, including decisions on appeals. 

Dated: November 17, 2004. 

Stephen D. Douglas, 

Chief Cadastral Surveyor. 

[FR Doc. 04-26801 Filed 12-6-04; 8:45 am] 

BILLING CODE 4310-GJ-P