alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### KENE v. HILL et al.

(Supreme Court, Appellate Division, Second Department.

March 17, 1905.)

Tbust—Action by Cbeditoes Against Cestui Que Tbust—Fbivolous Answeb.

Where creditors seek to reach the beneficial interest of their judgment debtor in a voluntary trust which she had created for herself, an answer that the rents of the premises which were subject to the trust, after paying therefrom the interest on the mortgage, taxes, repairs, and insurance, were insufficient for the proper support and maintenance of defendant, and that there was no surplus income derived from the premises, is frivolous.

[Ed. Note.—For cases in point, see vol. 47, Cent. Dig. Trusts, §§ 7, 195.]

Appeal from Special Term, Westchester County.

Action by Emma C. Kene, as executor of the will of Cornelius E. Kene, deceased, against Rosalie L. Hill and others. From a judgment for plaintiff, defendants appeal. Affirmed.

Argued before BARTLETT, WOODWARD, JENKS, RICH, and MILLER, JJ.

William L. Snyder, for appellants.

Clarence L. Barber, for respondent.

WILLARD BARTLETT, J.

The judgment appealed from was rendered against the defendants Mertil Luikert and Leopold A. Weill on account of their failure to answer herein, and against the defendant Rosalie L. Hill on the ground that her answer was frivolous. In opposition to the motion for judgment, it was contended that the Supreme Court was precluded from entertaining it by reason of a stay of proceedings in proceedings in bankruptcy in the United States District Court, but we think that the learned judge at Special Term was right in holding that the stay had expired.

The motion for judgment upon the answer of the defendant Rosalie L. Hill, as frivolous, was properly granted. The-plaintiff sought, under the doctrine of Schenck v. Barnes, 156 N. Y. 316, 50 N. E. 967, 41 L. R. A. 395; to reach the beneficial interest of that defendant in a voluntary trust which she had created for herself, and the complaint contained appropriate allegations setting out a cause of action. The answer contained no averments sufficient to constitute a defense. It is true that in the fourth subdivision thereof the defendant alleged that the rents of the premises which were the subject of the trust, after paying therefrom the interest on the mortgage, taxes, repairs, and insurance, were wholly insufficient for the proper support and maintenance of the defendant, and that *806there was no surplus income derived from the said premises. This might be enough to raise an issue if accompanied by an averment that the trust had been created by some person other than the judgment debtor, but there is no such averment in the answer; and, upon a motion for judgment upon a pleading as frivolous, statements contained in affidavits cannot be considered. Dancel v. Goodyear Shoe Machinery Co., 67 App. Div. 498, 73 N. Y. Supp. 875.

We think that the plaintiff is entitled to an affirmance.

Judgment overruling answer as frivolous affirmed, with $10 costs and disbursements. All concur.
#### Joseph L. Prager, Respondent, v. New Jersey Fidelity and Plate Glass Insurance Company of Newark, New Jersey, Appellant.

(Appeal No. 3.)

Order, so far as it denies motion to open default and serve answer, reversed, with ten dollars costs and disbursements, and motion to open default granted on payment of costs before notice of trial and disbursements of entering judgment; the judgment to stand as security. Leave to serve proposed answer in ten days granted on payment of said costs. No opinion. Present — Clarke, P. J., Dowling, Smith, Page and Greenbaum, JJ.
United States District Court

For the Northern District of California

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United States District Court

For the Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

COMMITTEE FOR IMMIGRANT 

RIGHTS, et al.,

Plaintiffs, No. C 08-4220 PJH

v. ORDER CONTINUING HEARING DATE

SONOMA COUNTY, et al.,

Defendants.

_______________________________/

The date for the hearing on defendants’ motions to dismiss, previously set for

Wednesday, February 17, 2010, has been CONTINUED to Wednesday, March 3, 2010, at

9:00 a.m., in Courtroom 3, Third Floor of the Federal Courthouse, 1301 Clay Street,

Oakland, California.

IT IS SO ORDERED.

Dated: February 12, 2010 ______________________________

PHYLLIS J. HAMILTON

United States District Judge

Case 3:08-cv-04220-RS Document 162 Filed 02/12/10 Page 1 of 1
#### The People of the State of New York v. Leroy Louis, Jr.

Motion for leave to appeal as a poor person denied. Concur — Breitel, J. P., Rabin, McNally, Stevens and Eager, JJ.
United States Court of Appeals

For the Seventh Circuit

Chicago, Illinois 60604

August 13, 2004

Before

Hon. DIANE P. WOOD, Circuit Judge

NATHANIEL LINDELL, ] Appeals from the United

 Plaintiff-Appellant, ] States District Court for

 Cross-Appellee, ] the Western District of

 ] Wisconsin.

No. 03-2651 and 03-2765 v. ]

 ] No. 02 C 21 

MATTHEW J. FRANK, et al., ]

 Defendants-Appellees, ] Barbara B. Crabb,

 Cross-Appellants, ] Chief Judge.

 ]

 and ]

 ]

CINDY O'DONNELL, et al., ]

 Defendants-Appellees. ]

Upon consideration of the MOTION BY DEFENDANTS-APPELLEES

AND CROSS-APPELLANTS TO CORRECT TYPOGRAPHICAL ERROR

IN THE COURT’S JULY 19, 2004 PUBLISHED OPINION, filed on 

August 5, 2004, by counsel for the appellees/cross-appellants,

IT IS ORDERED that the motion is GRANTED. The reference to Wis.

Admin. Code Doc 309.95(2)(a) on Page 6 of the slip opinion issued on July 19, 2004,

shall be changed to Wis. Admin. Code Doc 309.05(2)(a).
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                         872,589
<SECURITIES>                                 1,494,870
<RECEIVABLES>                                  520,089
<ALLOWANCES>                                  (22,137)
<INVENTORY>                                    181,734
<CURRENT-ASSETS>                             3,273,261
<PP&E>                                       1,250,936
<DEPRECIATION>                               (333,042)
<TOTAL-ASSETS>                               7,253,637
<CURRENT-LIABILITIES>                        3,556,442
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                      9,250
<COMMON>                                        37,097
<OTHER-SE>                                   2,993,456
<TOTAL-LIABILITY-AND-EQUITY>                 7,253,637
<SALES>                                        558,309
<TOTAL-REVENUES>                               558,309
<CGS>                                          474,829
<TOTAL-COSTS>                                1,979,622
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                            (15,927)
<INCOME-PRETAX>                            (1,314,519)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (1,314,519)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (1,314,519)
<EPS-PRIMARY>                                    (.88)
<EPS-DILUTED>                                    (.88)
        

</TABLE>
UN PUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

No. 22
- 1898

In re: DEAFUEH MONBO; JUAHDI MONBO , Petitioners

.

On Petition for Writ of Mandamus. (1:21

- cv - 01230

- MSN

- WEF)

Submitted : October 13 , 2022 Decided: October 17, 2022

Before NIEMEYER and AGEE, Circuit Judges, and KEENAN , Senior Circuit Judge

.
Petition denied by un published per curiam opinion

.
Deafueh Monbo and Juahdi Monbo, Petitioners Pro Se.
Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 22-1898 Doc: 11 Filed: 10/17/2022 Pg: 1 of 22 PER CURIAM: Deafueh and Juahdi Monbo (“Petitioners”) petition for a writ of mandamus seeking an order instructing the district court to assign their civil case to a particular magistrate judge and modify the case number. We co nclude that Petitioners are not entitled to mandamus relief. Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. Cheney v. U.S. Dist. Ct. , 542 U.S. 367, 380 (2004); In re Murphy

- Brown,
LLC , 907 F.3d 788, 795 (4th Ci r. 2018). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought and “has no other adequate means to attain the relief [he] desires.” Murphy

- Brown , 907 F.3d at 795 ( cleane d up ). We have reviewed the record a nd conclude that Petitioners are not entitled to the relief they seek. Accordingly, we deny the petition for writ of mandamus. We further deny Petitioners’ motion for a stay pending the resolution of their petition. We dispense with oral argument becaus e the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.
PETITION DENIED USCA4 Appeal: 22-1898 Doc: 11 Filed: 10/17/2022 Pg: 2 of 2
United States District Court

For the Northern District of California

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

NUANCE COMMUNICATIONS, INC.,

Plaintiff,

 v.

ECOPY, INC.,

Defendant.

 /

No. C 08-04227 JSW

No. C 08-04942 JSW

No. C 08-02912 JSW

ORDER ADOPTING

RECOMMENDATION OF

SPECIAL MASTER RE ORDER

OF PATENTS

The Court has reviewed Special Master Meredith Martin Addy’s Recommendation

dated June 14, 2010 regarding the order of patents, claims and terms to be adjudicated and

adopts it in every respect.

Furthermore, the Court HEREBY ORDERS that the Special Master shall appear at the

case management conference set for July 2, 2010 at 1:30 p.m. and shall be prepared to meet

with the parties to mediate the selection of the ten terms to be construed during the Markman

process.

IT IS SO ORDERED.

Dated: June 22, 2010 

JEFFREY S. WHITE

UNITED STATES DISTRICT JUDGE

Case 3:08-cv-04227-JSW Document 185 Filed 06/22/10 Page 1 of 1
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United States District Court

For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

ARTHUR FULFORD, on behalf of himself

and all others similarly situated,

Plaintiff,

 v.

LOGITECH, INC., a California corporation,

Defendant

 /

No. C-08-2041 MMC

ORDER FINDING MICHAEL A.

FITZGERALD IN CONTEMPT OF COURT

ORDER; AWARDING COSTS AND FEES

ACCORDING TO PROOF

On April 22, 2010, on application of defendant Logitech, Inc. (“Logitech”), the Court

ordered Michael A. Fitzgerald (“Fitzgerald”), a member of the plaintiff class, to show cause,

in person on April 30, 2010, why he should not be held in contempt for violating the Court’s

March 5, 2010 Order Granting Final Approval of Class Action Settlement. On April 30,

2010, the Court conducted a hearing on the Order to Show Cause. Philip S. Warden of

Pillsbury Winthrop Shaw Pittman LLP appeared on behalf of Logitech, and Kristen E. Law

of Lieff, Cabraser, Heimann & Bernstein, LLP, appeared on behalf of the plaintiff class. 

Fitzgerald did not appear.

Having read and considered all filings submitted in connection with the matter, and

having considered the showing made by counsel at the April 30, 2010 hearing, the Court,

for the reasons stated on the record at the hearing, hereby finds Fitzgerald knowingly and

Case 3:08-cv-02041-MMC Document 150 Filed 04/30/10 Page 1 of 2
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2

willfully violated the Court’s March 5, 2010 Order by thereafter filing and continuing to

prosecute, in the Commonwealth of Virginia, an action based on a claim released by the

class action settlement in the above-titled case.

Accordingly, the Court finds Fitzgerald to be in contempt of court.

As a sanction therefor, Fitzgerald is hereby ordered to pay to Logitech the costs and

fees reasonably incurred by Logitech in bringing its application for an order to show cause,

for appearing at the April 30, 2010 hearing before this Court, and in responding to the

action filed by Fitzgerald in the Commonwealth of Virginia, such costs and fees to be

awarded according to proof. See In re Crystal Palace Gambling Hall, Inc., 817 F.2d 1361,

1366 (9th Cir. 1987) (holding appropriate sanction for civil contempt is amount necessary to

“compensate the contemnor’s adversary for the injuries which result from the

noncompliance”).

No later than three weeks after a decision is rendered in the action pending in

Virginia, Logitech shall file and serve on Fitzgerald proof of such costs and fees reasonably

incurred. Fitzgerald’s response, if any, shall be filed and served on Logitech no later than

fourteen days after the date Logitech files its proof of such costs and fees.

IT IS SO ORDERED.

Dated: April 30, 2010 

MAXINE M. CHESNEY

United States District Judge

Case 3:08-cv-02041-MMC Document 150 Filed 04/30/10 Page 2 of 2
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2670 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2670

     To amend title 10, United States Code, to require the amounts 
reimbursed to institutional providers of health care services under the 
 TRICARE program to be the same as amounts reimbursed under Medicare, 
  and to require the Secretary of Defense to contract for health care 
      services with at least one teaching hospital in urban areas.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 2005

   Mr. Gene Green of Texas introduced the following bill; which was 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL

 
     To amend title 10, United States Code, to require the amounts 
reimbursed to institutional providers of health care services under the 
 TRICARE program to be the same as amounts reimbursed under Medicare, 
  and to require the Secretary of Defense to contract for health care 
      services with at least one teaching hospital in urban areas.

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

SECTION 1. REQUIREMENT FOR TRICARE PROGRAM REIMBURSEMENT OF 
              INSTITUTIONAL PROVIDERS OF HEALTH CARE SERVICES TO BE 
              IDENTICAL TO REIMBURSEMENT UNDER MEDICARE.

    Section 1079(j)(2) of title 10, United States Code, is amended by 
striking ``determined to the extent practicable in accordance with the 
same reimbursement rules as apply to payments to'' and inserting 
``identical to the amount of payments that would be paid to''.

SEC. 2. REQUIREMENT FOR TRICARE PROGRAM TO CONTRACT WITH AT LEAST ONE 
              TEACHING HOSPITAL IN URBAN AREAS FOR DELIVERY OF HEALTH 
              CARE.

    Section 1097(a) of title 10, United States Code, is amended_
            (1) by inserting ``(1)'' before ``The Secretary of 
        Defense'';
            (2) in the second sentence, by striking ``The'' and 
        inserting ``Subject to paragraph (2), the'';
            (3) by redesignating paragraphs (1), (2), (3), and (4) as 
        subparagraphs (A), (B), (C), and (D), respectively; and
            (4) by adding at the end the following new paragraph:
    ``(2) In contracting for the delivery of health care under this 
section, the Secretary shall contract with at least one teaching 
hospital in each large urban area. In this paragraph--
            ``(A) the term `teaching hospital' means a hospital which 
        has a teaching program approved as specified in section 
        1861(b)(6) of the Social Security Act (42 U.S.C. 1395x(b)(6)); 
        and
            ``(B) the term `large urban area' has the meaning given 
        that term in the second sentence of section 1886(d)(2)(D) of 
        the Social Security Act (42 U.S.C. 1395ww(d)(2)(D)).''.
                                 <all>
```
### §3033. Payment of grants

#### (a) Contributions

To the extent the Assistant Secretary determines a contribution to be appropriate, the Assistant Secretary shall require the recipient of any grant or contract under this subchapter to contribute money, facilities, or services for carrying out the project for which such grant or contract was made.

#### (b) Payments

Payments under this subchapter pursuant to a grant or contract may be made (after necessary adjustment, in the case of grants, on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and in such installments and on such conditions, as the Assistant Secretary may determine.

#### (c) Consultation

The Assistant Secretary shall make no grant or contract under this subchapter in any State that has established or designated a State agency for purposes of subchapter III unless the Assistant Secretary—

(1) consults with the State agency prior to issuing the grant or contract; and

(2) informs the State agency of the purposes of the grant or contract when the grant or contract is issued.

(Pub. L. 89–73, title IV, §431, as added Pub. L. 106–501, title IV, §401, Nov. 13, 2000, 114 Stat. 2265.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 3033, Pub. L. 89–73, title IV, §403, as added Pub. L. 93–29, title IV, §401, May 3, 1973, 87 Stat. 46; amended Pub. L. 94–135, title I, §109, Nov. 28, 1975, 89 Stat. 717; Pub. L. 95–478, title I, §104(a)(3), Oct. 18, 1978, 92 Stat. 1537, related to task of attracting qualified persons to field of aging, prior to the general amendment of this subchapter by Pub. L. 97–115.

A prior section 431 of Pub. L. 89–73 was classified to section 3037 of this title, prior to the general amendment of this subchapter by Pub. L. 106–501.

Another prior section 431 of Pub. L. 89–73 was classified to section 3035g of this title, prior to the general amendment of this subchapter by Pub. L. 97–115.

Another prior section 431 of Pub. L. 89–73 was renumbered section 451, and was classified to section 3037 of this title, prior to the general amendment of this subchapter by Pub. L. 97–115.
#### § 308.1 Purpose.

The purpose of this part is to set forth the basic policies of the Peace Corps governing the maintenance of systems of records containing personal information as defined in the Privacy Act of 1974 (5 U.S.C. 552a). Records included in this part are those described in the aforesaid Act and maintained by the Peace Corps and/or any component thereof.
### §300hh–32. Enhanced support to assist health departments in addressing vector-borne diseases

#### (a) In general

The Secretary, acting through the Director of the Centers for Disease Control and Prevention, may enter into cooperative agreements with health departments of States, political subdivisions of States, and Indian Tribes and Tribal organizations in areas at high risk of vector-borne diseases in order to increase capacity to identify, report, prevent, and respond to such diseases and related outbreaks.

#### (b) Eligibility

To be eligible to enter into a cooperative agreement under this section, an entity described in subsection (a) shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a plan that describes—

(1) how the applicant proposes to develop or expand programs to address vector-borne disease risks, including through—

(A) related training and workforce development;

(B) programmatic efforts to improve capacity to identify, report, prevent, and respond to such disease and related outbreaks; and

(C) other relevant activities identified by the Director of the Centers for Disease Control and Prevention, as appropriate;

(2) the manner in which the applicant will coordinate with other Federal, Tribal, and State agencies and programs, as applicable, related to vector-borne diseases, as well as other relevant public and private organizations or agencies; and

(3) the manner in which the applicant will evaluate the effectiveness of any program carried out under the cooperative agreement.

#### (c) Authorization of appropriations

For the purposes of carrying out this section, there are authorized to be appropriated $20,000,000 for each of fiscal years 2021 through 2025.

(July 1, 1944, ch. 373, title XXVIII, §2822, as added Pub. L. 116–94, div. N, title I, §404(c), Dec. 20, 2019, 133 Stat. 3118.)
# Dziennik Urzędowy L 16I/2019

| | ISSN 1977-0766 |
| --- | --- |
| Dziennik Urzędowy
  Unii Europejskiej | L 016I |
| | |
| Wydanie polskie | Legislacja | Rocznik 6218 stycznia 2019 |

ISSN 1977-0766

Dziennik Urzędowy

Unii Europejskiej

L 016I

Wydanie polskie

Legislacja

Rocznik 6218 stycznia 2019

---

| Spis treści | | Sprostowania | Strona |
| --- | --- | --- | --- |
| | * | Sprostowanie do rozporządzenia wykonawczego Komisji (UE) 2019/73 z dnia 17 stycznia 2019 r. nakładającego ostateczne cło antydumpingowe i stanowiącego o ostatecznym pobraniu cła tymczasowego nałożonego na przywóz rowerów elektrycznych pochodzących z Chińskiej Republiki Ludowej ( Dz.U. L 16 z 18.1.2019 ) | 1 |

Spis treści

Sprostowania

Strona

*

Sprostowanie do rozporządzenia wykonawczego Komisji (UE) 2019/73 z dnia 17 stycznia 2019 r. nakładającego ostateczne cło antydumpingowe i stanowiącego o ostatecznym pobraniu cła tymczasowego nałożonego na przywóz rowerów elektrycznych pochodzących z Chińskiej Republiki Ludowej ( Dz.U. L 16 z 18.1.2019 )

( Dz.U. L 16 z 18.1.2019 )

1

| PL | Akty, których tytuły wydrukowano zwykłą czcionką, odnoszą się do bieżącego zarządzania sprawami rolnictwa i generalnie zachowują ważność przez określony czas.
  Tytuły wszystkich innych aktów poprzedza gwiazdka, a drukuje się je czcionką pogrubioną. |
| --- | --- |

PL

Akty, których tytuły wydrukowano zwykłą czcionką, odnoszą się do bieżącego zarządzania sprawami rolnictwa i generalnie zachowują ważność przez określony czas.

Tytuły wszystkich innych aktów poprzedza gwiazdka, a drukuje się je czcionką pogrubioną.

---

Sprostowania

| 18.1.2019 | PL | Dziennik Urzędowy Unii Europejskiej | LI 16/1 |
| --- | --- | --- | --- |

18.1.2019

PL

Dziennik Urzędowy Unii Europejskiej

LI 16/1

---

Sprostowanie do rozporządzenia wykonawczego Komisji (UE) 2019/73 z dnia 17 stycznia 2019 r. nakładającego ostateczne cło antydumpingowe i stanowiącego o ostatecznym pobraniu cła tymczasowego nałożonego na przywóz rowerów elektrycznych pochodzących z Chińskiej Republiki Ludowej

(
  Dziennik Urzędowy Unii Europejskiej L 16 z dnia 18 stycznia 2019 r.
  )

Strona 135, art. 4:

przed zdaniem:

„Niniejsze rozporządzenie wiąże w całości i jest bezpośrednio stosowane we wszystkich państwach członkowskich.”,

dodaje się zdanie w brzmieniu:

„Niniejsze rozporządzenie wchodzi w życie następnego dnia po jego opublikowaniu w Dzienniku Urzędowym Unii Europejskiej.”.

---