alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

JOYCE FERRANTE,

Plaintiff,

v. Case No.: 1:20cv92-MW/GRJ

MATTHEW REXROAT, and

JAMES KITLEN,

Defendants.

__________________________________/

ORDER ACCEPTING AND ADOPTING 

REPORT AND RECOMMENDATION

This Court has considered, without hearing, the Magistrate Judge's Report 

and Recommendation, ECF No. 79, and has also reviewed de novo Plaintiff’s 

objections, ECF No. 85. Accordingly,

IT IS ORDERED:

The report and recommendation, ECF No. 79, is accepted and adopted as 

this Court’s opinion over Plaintiff’s objections. Defendant Rexroat’s motion to 

dismiss, ECF No. 42, is GRANTED. The Clerk shall enter judgment stating, 

“Plaintiff’s claims are DISMISSED with prejudice because they are barred by the 

statute of limitations.” The Clerk shall close the file.

SO ORDERED on September 29, 2021.

s/Mark E. Walker 

Chief United States District Judge

Case 1:20-cv-00092-MW-GRJ Document 86 Filed 09/29/21 Page 1 of 1
#### David Meyerowitz & Son, Inc., Respondent, v. 61 Greenpoint Ave., Inc., et al., Appellants.

In an action brought pursuant to article 6 of the Real Property Actions and Proceedings Law to recover possession of real property, defendants appeal, as limited by their brief, from so much of a judgment of the Supreme Court, Kings County, dated May 23, 1968, as, upon plaintiff’s motion for summary judgment, adjudged that defendants were the owners of a bridge and passageway which encroached over plaintiff’s property and directed defendants to forthwith remove said bridge and passageway from plaintiff’s property at defendants’ expense. Judgment modified, on the law and facts, by striking out the second, fourth and fifth decretal paragraphs thereof. As so modified, judgment affirmed, with costs to appellants. In our opinion, the Special Term correctly adjudged that defendants and persons claiming title or possession under them were excluded from the use, occupancy or possession of that portion of the bridge and passageway which encroached over plaintiff’s property; and properly directed defendants to forthwith cease and desist from the use and occupancy of said portion of the bridge and passageway. However, in our view the proof adduced was insufficient to show who owned the structure, particularly that portion thereof which is over plaintiff’s property. In consequence, no obligation was imposed upon defendants to remove the structure; and relief in this respect should not have been summarily granted. Brennan, Acting P. J., Hopkins, Benjamin, Munder and Martuscello, JJ., concur.
#### Continental Insurance Company, Respondent, v Samuel Cohen, Appellant.

Order, Supreme Court, New York County, entered on March 28, 1980, unanimously affirmed. Respondent shall recover of appellant $50 costs and disbursements of this appeal. Appeal from order of said court, entered on May 22, 1980, unanimously dismissed as nonappealable, without costs and without disbursements. No opinion. Concur — Kupferman, J. P., Fein, Sandler, Sullivan and Bloom, JJ.
§ 4280.312 Loan approval and closing. ( a ) *Loan approval and obligating funds.* The loan will be considered approved on the date the signed copy of Form RD 1940-1, “Request for Obligation of Funds,” is executed by the Agency. Form RD 1940-1 authorizes funds to be obligated and may be executed by the Agency after the microlender has signed the document, provided that the microlender has the legal authority to contract for a loan and to enter into required agreements, including an Agency-approved loan agreement, and meets all program loan requirements.
( b ) *Letter of conditions.* Upon reviewing the conditions and requirements in the letter of conditions, the applicant must complete, sign, and return Form RD 1942-46, “Letter of Intent to Meet Conditions,” to the Agency; or if certain conditions cannot be met, the applicant may propose alternate conditions. The Agency will review any requests for changes to the letter of conditions and may approve only minor changes that do not materially affect the microlender and remain within the program requirements. Changes in legal entities prior to loan closing will not be approved.
( c ) *Loan closing.* ( 1 ) Prior to loan closing, microlenders must provide evidence that the RMRF and LLRF bank accounts have been set up and the LLRF has been or will be funded as described in § 4280.311(g)(4). Such evidence shall consist of: ( i ) A pre-authorized debit form allowing the Agency to withdraw payments from the RMRF account, and in the event of a repayment workout, from the LLRF account;
( ii ) An Agency-approved automatic deposit authorization form, from the depository institution providing the Agency with the RMRF account number, into which funds may be deposited at time of disbursement to the microlender;
( iii ) A statement from the depository institution as to the amount of cash in the LLRF account;
( iv ) An Agency-approved promissory note and a loan agreement for each loan to the MDO must be executed at loan closing. The loan agreement will be prepared by the Agency using Form RD 4274-4, “Intermediary Relending Program/Rural Microentrepreneur Assistance Program Loan Agreement,” and reviewed by the MDO prior to loan closing; and
( v ) An appropriate security agreement on the LLRF and RMRF accounts must be executed at loan closing.
( 2 ) At loan closing, the microlender must certify that: ( i ) All requirements of the letter of conditions have been met; and
( ii ) There has been no material adverse change in the microlender, its key personnel, or its financial condition since the issuance of the letter of conditions. If one or more adverse changes have occurred, the microlender must explain the changes and the Agency must determine that the microlender remains eligible and qualified to participate as an MDO.
( 3 ) The microlender will provide sufficient evidence that no lawsuits or other legal issues are pending or threatened that would adversely affect the security of the microlender when Agency security instruments are filed.
**EXHIBIT 32.1**

**CERTIFICATION PURSUANT TO 18 USC, SECTION 1350,**

**AS ADOPTED PURSUANT TO SECTION 906**

**OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with the Quarterly Report of Entremetrix Corporation (the “Company”) on Form 10-Q for the quarter ended September 30, 2006, as filed with the Securities and Exchange Commission on or about the date hereof (the “Report”), I, Scott W. Absher, President of the Company, certify, pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 906 of the Sarbanes-Oxley Act of 2002, that:

 

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

 

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

 

 

| Dated:          November 17, 2006 | /s/ Scott W. Absher  |
|-----------------------------------|----------------------|
|                              | By:  Scott W. Absher |
|                              | Its:  President      |

 

 

A signed original of this written statement required by Section 906 has been provided to Entremetrix Corporation and will be retained by Entremetrix Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   6-MOS
<FISCAL-YEAR-END>                          OCT-03-1998             OCT-03-1998
<PERIOD-START>                             JAN-04-1998             SEP-28-1998
<PERIOD-END>                               APR-04-1998             APR-04-1998
<CASH>                                          11,170                  11,170
<SECURITIES>                                     9,874                   9,874
<RECEIVABLES>                                   12,212                  12,212
<ALLOWANCES>                                      (551)                   (551)
<INVENTORY>                                      5,965                   5,965
<CURRENT-ASSETS>                                43,397                  43,397
<PP&E>                                          13,245                  11,349
<DEPRECIATION>                                  (8,147)                 (7,080)
<TOTAL-ASSETS>                                  54,859                  56,550
<CURRENT-LIABILITIES>                           13,372                  14,348
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                            84                      85
<OTHER-SE>                                      41,218                  41,905
<TOTAL-LIABILITY-AND-EQUITY>                    54,859                  56,550
<SALES>                                          9,162                  18,244
<TOTAL-REVENUES>                                12,319                  24,384
<CGS>                                            2,723                   5,178
<TOTAL-COSTS>                                    3,173                   6,186
<OTHER-EXPENSES>                                 8,793                  17,413
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                                   0                       0
<INCOME-PRETAX>                                    649                   1,401
<INCOME-TAX>                                       245                     530
<INCOME-CONTINUING>                                404                     871
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                       404                     871
<EPS-PRIMARY>                                     0.05                    0.10
<EPS-DILUTED>                                     0.05                    0.10
        

</TABLE>
**EXHIBIT32.1**

** **

**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 theQuarterly Report on Form 10-Q of 155 East Tropicana, LLC, a Nevadalimited-liability company and 155 East Tropicana Finance Corp., a Nevadacorporation (collectively, the “Company”) for the three months ended March 31,2008, as filed with the Securities and Exchange Commission on the date hereof(the “Report”), Deborah J. Pierce, as Chief Financial Officer of the Company,hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

(1)           The Reportfully complies with the requirements of Section 13(a) or 15(d) ofthe Securities Exchange Act of 1934; and

 

(2)           The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

 
| /s/  Deborah J. Pierce                    |   |
|-------------------------------------------|--------|
|                                      |   |
| Deborah  J. Pierce,                       |
| Chief  Financial OfficerMay 14, 2008 |

 

 

The foregoing certificationsare being furnished solely pursuant to 18 U.S.C. § 1350 and are not being filedas part of the Report or as a separate disclosure document.

 

----
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 Defense

###### Office of the Secretary

          - [Transmittal Nos. 10-24]

# AGENCY:

Department of Defense, Defense Security Cooperation Agency.

# ACTION:

Notice.

# SUMMARY:

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.

# FOR FURTHER INFORMATION CONTACT:

Ms. B. English, DSCA/DBO/CFM, (703) 601-3740.

# SUPPLEMENTARY INFORMATION:

The following is a copy of a letter to the Speaker of the House of Representatives, Transmittals 10-24 with attached transmittal, and policy justification.

Dated: November 23, 2010.

Morgan F. Park,

Alternate OSD Federal Register Liaison Officer, Department of Defense.

      ( print page 74012)          ( print page 74013)          ( print page 74014)    

BILLING CODE 5001-06-P

[FR Doc. 2010-30043 Filed 11-29-10; 8:45 am]

BILLING CODE 5001-06-C
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 Quarterly Report of Entremetrix Corporation (the"Company") on Form 10-QSB for the quarterly period ending March 31, 2005 asfiled with the Securities and Exchange Commission on the date hereof (the"Report"), I, Scott W. Absher, Chief Executive Officer of the Company, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that, to the best of the undersigned's knowledge andbelief: 

(1) The Report fully complies with the requirements of section 13(a) or15(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 result of operations of the	Company.

| Dated: May 17, 2005 |  By: /s/ Scott W. Absher               |
|---------------------|-------------------------------------------------------------------------------------------------------------------|
|           |        Scott W. Absher, Chief		Executive Officer                                    |
EXHIBIT 8

                         Subsidiaries of the Registrant
<TABLE>
<CAPTION>
NAME                                             JURISDICTION OF INCORPORATION         PERCENTAGE OWNERSHIP
<S>                                              <C>                                   <C>
Sunwide Capital Limited                          British Virgin Islands                100%(held by Registrant)

iSense Limited                                   Hong Kong Special Administrative      100% (held by Registrant)
                                                 Region

Silver Moon Technologies Limited                 British Virgin Islands                80% (held by Registrant)

Zhongwei Medi-China.com Limited                  Hong Kong Special Administrative      100% (held by Silver Moon)
                                                 Region

Hainan Cihui Industrial Company Ltd.             People's Republic of China            100% (held by Registrant)

First Goods And Materials Supply                 People's Republic of China            100% (held by HARC)
   and Sales Corporation                                                               (inactive)

Second Goods And Materials Supply                People's Republic of China            100% (held by HARC)
   and Sales Corporation                                                               (inactive)

Hainan Zhongwei Trading Company Ltd.             People's Republic of China            100% (95% held by
                                                                                       HARC and 5% held by
                                                                                       Registrant) (inactive)

Feishang Mining Holdings Limited*                British Virgin Islands                100% (held by Registant)

Wuhu Feishang Mining Development Co. Ltd.*       People's Republic of China            100% (held by FMH)
</TABLE>

----------

* Subsidiary acquired subsequent to December 31, 2005.
<page>
                                                           Exhibit 32.2





                         NORDSTROM CREDIT, INC.

                        13531 EAST CALEY AVENUE

                       CENTENNIAL, COLORADO 80111

              CERTIFICATION OF VICE PRESIDENT AND TREASURER
                  REGARDING PERIODIC REPORT CONTAINING
                          FINANCIAL STATEMENTS


I, Michael G. Koppel, the Vice President and Treasurer of Nordstrom
Credit, Inc. (the "Company") in compliance with 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
hereby certify that the Company's Amendment to the Quarterly Report on
Form 10-Q/A for the period ended July 31, 2004 (the "Report") filed
with the Securities and Exchange Commission:


         -  fully complies with the requirements of Section 13(a) of
            the Securities Exchange Act of 1934; and

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


                                          /s/ Michael G. Koppel
                                          ----------------------
                                          Michael G. Koppel
                                          Vice President and Treasurer
                                          August 8, 2005

A signed original of this written statement required by Section 906 has
been provided to Nordstrom Credit, Inc. and will be retained by
Nordstrom Credit, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
§ 3550.203 General servicing actions. Whenever any of the servicing actions described in this subpart result in reamortization of the account RHS may: ( a ) Require a borrower who currently makes annual payments, but receives a monthly income, to convert to monthly payments.
( b ) Require the creation and funding of an escrow account for real estate taxes and insurance, if one does not already exist for any borrower with monthly payments.
( c ) Convert the method of calculating interest for any account being charged daily simple interest to an amortized payment schedule.
#### COPELAND v. DUNN.

(Supreme Court, Appellate Division, Third Department.

July 1, 1914.)

Work and Labor (§ 7*)—Bight to Compensation.

A woman obliged to work for a living, never making her home with her sister-in-law except on request, was entitled as against her sister-in-law’s estate to compensation for services in keeping house, nursing, and caring for the sister-in-law and her mother, a bedridden old lady, at different times during several years; it appearing that it was the sister-in-law’s intention to compensate her for her services.

[Ed. Note.—For other cases, see Work and Labor, Cent. Dig. §§ 11%-' 22; Dec. Dig. § 7.*]

Appeal from Judgment on Report of Referee.

Action by Eliza Copeland, as administratrix of Cynthia J. Dunn, deceased, against Arthur T. Dunn, as sole administrator of Sarah J. Newton, deceased. From a judgment for plaintiff entered upon the report of a referee, defendant appeals.

Affirmed.

Argued before SMITH, P. J., and KELLOGG, LYON, HOWARD, and WOODWARD, JJ.

Dickinson & Duffey, of Cortland (Edwin Duffey, of Cortland, of counsel), for appellant.

Thomas E. Courtney and James F. Dougherty, both of Cortland, for respondent.

*

For other cases see same topic *&*§ number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes

WOODWARD, J.

Sarah J. Newton died intestate on the 6th day of September, 1910, leaving as her only heirs at law and next of kin two brothers, John Dunn, who resides in Canada, and William Dunn, of Cortland. Arthur' T. Dunn, administrator, is a son of William Dunn. On the last day in the afternoon of the time fixed by the notice to creditors for the presentation of accounts, the plaintiff’s intestate, Cynthia J. Dunn, presented a claim for $2,500 against the estate of Sarah J. Newton for services alleged to have been rendered during a period from September, 1904, to July 28, 1910, in keeping house, nursing, and caring for the intestate' and her mother. These *419alleged services do not appear to have been continuous; indeed, it is not claimed that they were. But Mrs. Dunn appears to have responded to every call made upon her by Mrs. Newton, and there is evidence from which it may be found that there was an intention on the part of Mrs. Newton to compensate Mrs. Dunn for these services. Mrs. Dunn was the widow of a brother of Mrs. Newton, and the brother died before any of the services were rendered. Mrs. Dunn appears to have been obliged to work for a living, appears to have been employed at various places, never making her home with Mrs. Newton except when she was there at the request of the latter and aiding in the care of Mrs. Newton’s mother, a bedridden old lady requiring great care, and, while the evidence is not .entirely satisfactory, the case appears to have been intelligently tried, before a referee of discriminating judgment, and under all the circumstances we are persuaded that the ends of justice will be best served by affirming the judgment.

The judgment appealed from should be affirmed, with costs. All concur.