alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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IN THE SUPREME COURT OF THE STATE OF MONTANA

OP 21-0395

L.B. individually and on behalf of D.B., a Minor,

Plaintiff and Appellant,

v.

UNITED STATES OF AMERICA; BUREAU OF

INDIAN AFFAIRS; DANA BULLCOMING,

agent of the Bureau of Indian Affairs sued in his

individual capacity,

Defendants and Appellees.

FILED

AUG 1 7 2021

Bowen Greenwood

Clerk of Suprern.a Court

State of Montana

ORDER

In accordance with M. R. App. P. 15, the Ninth Circuit Court of Appeals has

certified to this Court the following question of law, which has arisen in that court's Cause

No. 20-35514:

Under Montana law, do law-enforcement officers act within the course and scope

of their employment when they use their authority as on-duty officers to sexually assault

members of the public?

This Court accepts the certified question on the relevant facts set forth in the Ninth

Circuit Court's certification of the question. In accordance with M. R. App. P. 15(4), we

reserve any determination whether to reformulate the question pending full consideration

of the issue. We will answer the question in due course following briefing.

IT IS THEREFORE ORDERED that the parties shall, in accordance with the

Montana Rules of Appellate Procedure, prepare, file, and serve briefs addressing the

certified question set forth above, with the opening brief of the Plaintiff and Appellant to

be filed within 30 days of the date of this Order. Thereafter, additional briefing shall

proceed in accordance with the Montana Rules of Appellate Procedure.

08/17/2021

Case Number: OP 21-0395
The Clerk is directed to provide copies of this Order to all counsel of record for the

parties in the Ninth Circuit Court of Appeals Cause No. 20-35514, and to the Clerk of

Court for the Ninth Circuit Court of Appeals.

DATED this 1 t'clay of August, 2021.

Chief Justice

e9oi xi 411,

-6/1-0•-•

g

Justices
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**884**
**CA 16**

**- 00208** 

PRESENT: WHALEN, P.J., SMITH, LINDLEY, TROUTMAN, AND SCUDDER, JJ.

PATRICIA J. CURTO, PLAINTIFF

- APPELLANT,

V MEMORANDUM AND ORDER

NEW YORK LAW JOURNAL AND ALM MEDIA PROPERTIES, LLC, DEFENDANTS

- RESPONDENTS.

PATRICIA J. CURTO, PLAINTIFF

- APPELLANT PRO SE.

BARCLAY DAMON, LLP, BUFFALO (KARIM A. ABDULLA OF COUNSEL), FOR

DEFENDANTS

- RESPONDENTS.

Appeal from an order of the Erie County Court (Michael L. D = Amico, J.), dated March 9, 2015. The order affirmed two orders of the Buffalo City Court (Susan M. Eagan, J.) dated November 1, 2012 and November 7,
2012.

It is hereby ORDERED that the order so appealed from is unanimously
affirmed without costs.

Memorandum: Plaintiff commenced this action in Buffalo City Court (co urt) alleging, inter alia, defamation based upon an article that appeared in defendant New York Law Journal regarding an underlying action in federal court that plaintiff commenced against a third party under the Federal Debt Collection Practices Act (FDCP A). In two orders, the court denied plaintiff = s motion for a default judgment against defendants and granted defendants = motion to dismiss the complaint pursuant to CPLR 3211 (a) (1) and (7), and County Court affirmed the orders. We affirm.

Defendants had 30 days in which to answer the complaint ( see UCCA 402 [b]) and, contrary to plaintiff = s contention, that period ended on a Sunday and was therefore extended until A the next succeeding business day @ (General Construction Law ' 25

- a). Thus, the court properly denied plaintiff = s motion seeking a default judgment. The court also properly granted defendants = motion to dismiss the complaint because the alleged defamatory statements were absolutely privileged under Civil Rights Law ' 74. It is axiomatic that

A > newspaper accounts of . . . official proceedings must be accorded some degree of liberality = @ ( Alf v Buffalo News, Inc.
, 21 NY3d 988, 990). Upon viewing the article as a whole, we conclude that it is a A substantially

accurate @ report of the federal court = s decision ( Holy Spirit As sn. for Unification of World Christianity v New York Times Co. , 49 NY2d 63, 67).

Although plaintiff contends that she did not owe a debt and that

defendants = reference to her as a debtor therefore constituted defamati on,**- 2** 

**- 884** 
**CA 16**

**- 00208** 

it is well settled that A there is > no requirement that the publication report the plaintiff = s side of the controversy = @ ( Alf
, 100 AD3d 1487, 1489,

affd 21 NY3d 988). Indeed, the focus of the article was on the court = s denial of summary judgment to the defendant on the ground th at A a jury could conclude from this [record] that Defendant[] violated the FDCPA. @

We have reviewed plaintiff = s remaining contentions and con clude that they
are without merit.

Entered: November 10, 2016 Frances E. Cafarell
Clerk of the Court
No. 11-5421.

#### Hamilton *v.*Jackson, Warden.

C. A. 6th Cir. Certiorari denied.
§ 51.307 Duty to provide access on an unbundled basis to network elements. ( a ) An incumbent LEC shall provide, to a requesting telecommunications carrier for the provision of a telecommunications service, nondiscriminatory access to network elements on an unbundled basis at any technically feasible point on terms and conditions that are just, reasonable, and nondiscriminatory in accordance with the terms and conditions of any agreement, the requirements of sections 251 and 252 of the Act, and the Commission's rules.
( b ) The duty to provide access to unbundled network elements pursuant to section 251(c)(3) of the Act includes a duty to provide a connection to an unbundled network element independent of any duty to provide interconnection pursuant to this part and section 251(c)(2) of the Act.
( c ) An incumbent LEC shall provide a requesting telecommunications carrier access to an unbundled network element, along with all of the unbundled network element's features, functions, and capabilities, in a manner that allows the requesting telecommunications carrier to provide any telecommunications service that can be offered by means of that network element.
( d ) An incumbent LEC shall provide a requesting telecommunications carrier access to the facility or functionality of a requested network element separate from access to the facility or functionality of other network elements, for a separate charge.
( e ) An incumbent LEC shall provide to a requesting telecommunications carrier technical information about the incumbent LEC's network facilities sufficient to allow the requesting carrier to achieve access to unbundled network elements consistent with the requirements of this section.
[61 FR 45619, Aug. 29, 1996, as amended at 61 FR 47351, Sept. 6, 1996]
**EXHIBIT
      32.1**








CERTIFICATION
      OF DISCLOSURE PURSUANT TO


18
      U.S.C.
      SECTION 1350,


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF THE SARBANES-OXLEY ACT OF 2002








I,
        Angela
        Du, Chief Executive Officer of China Mobility Solutions, Inc., certify
        pursuant to 18 U.S.C. Section 1350 as enacted by Section 906 of the Sarbanes-Oxley
        Act of 2002, that:
 
 (1)
        the
        Quarterly Report on Form 10-QSB for the quarterly period ended June
        30,
        2006 (the "Periodic Report") which this statement accompanies fully complies
        with the requirements of Section 13(a) or 15(d) of the Securities Exchange
        Act of 1934; and
 
 (2)
        information contained in the Periodic Report fairly presents, in all material
        respects, the financial condition and results of operations of China Mobility
        Solutions, Inc.













Dated: August
              7,
              2006
            /s/
              Angela DuAngela
                Du,
              Chief
                Executive Officer













A
      signed
      original of this written statement required by Section 906, or other document
      authenticating, acknowledging or otherwise adopting the signature that appears
      in typed form within the electronic version of this written statement required
      by Section 906, has been provided to China Mobility Solutions, Inc. and will
      be
      retained by China Mobility Solutions, Inc. and furnished to the Securities
      and
      Exchange Commission or its staff upon request.
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 Stamps.com Inc. (the "Company") on Form
10-Q for the period ended June 30, 2009 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Ken McBride, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as
adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:
  (1)
The Report fully complies with the requirements of Section 13(a) or 15(d), as
applicable, of the Securities Exchange Act of 1934, as amended; and
  (2)
The information contained in the Report fairly presents, in all material
respects, the financial condition and result of operations of the
Company.
  Date:
      August 7, 2009
              /s/
      KEN MCBRIDEKen
      McBride
                Chief
      Executive Officer
                (Principal
      Executive Officer)
  A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.
<PAGE>

Exhibit 32.1

                        CERTIFICATION OF CEO 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 MIV Therapeutics, Inc. (the "Company")
on Form 10-QSB/A for the quarter ended August 31, 2005 as filed with the
Securities and Exchange Commission (the "Report"), Alan P. Lindsay, as President
and Chief Executive Officer of the Company, certifies, pursuant to 18 U.S.C.
Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of
2002, to the best of his knowledge, that:

(1)      The Report fully complies with the requirements of section 13(a) 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.



/s/ Alan P. Lindsay
--------------------------
Alan P. Lindsay
President and CEO
December 15, 2005
## F IFTH 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________ Case No. 5D23- 0004 LT Case No. 16
- 2016 -CF- 1060 2

_____________________________ R USSELL D AVID T ILLIS , Appella nt, v. S TATE OF F LORIDA , Appellee .

_____________________________ On appeal from the Circuit Court for Duval County. Mark Borello, Judge. Jessica J. Yeary, Public Defender , , and Victor D. Holder, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Robert Charlie Lee, Assistant Attorney General, Tallahassee, for Appellee. J anuary 9, 2024 P ER C URIAM . A FFIRMED . E DWARDS , C.J., H ARRIS , and B OATWRIGHT , JJ., concur.2 _____________________________ Not fin al until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331 .

_____________________________
§ 43.82 Circuit capacity reports. ( a ) *International submarine cable capacity.* Not later than March 31 of each year: ( 1 ) The licensee(s) of a submarine cable between the United States and any foreign point shall file a report showing the capacity of the submarine cable as of December 31 of the preceding calendar year. The licensee(s) shall also file a report showing the planned capacity of the submarine cable (the intended capacity of the submarine cable two years from December 31 of the preceding calendar year).
( 2 ) Each cable landing licensee and common carrier shall file a report showing its capacity on submarine cables between the United States and any foreign point as of December 31 of the preceding calendar year. Note to paragraph ( a
):
United States is defined in Section 3 of the Communications Act of 1934, as amended, 47 U.S.C. 153.
( b ) *Registration Form.* A Registration Form, containing information about the filer, such as address, phone number, email address, etc., shall be filed with each report. The Registration Form shall include a certification enabling the filer to check a box to indicate that the filer requests that its circuit capacity data be treated as confidential consistent with Section 0.459(a)(4) of the Commission's rules.
( c ) *Filing Manual.* Authority is delegated to the Chief of the Office of International Affairs to prepare instructions and reporting requirements for the filing of these reports prepared and published as a Filing Manual. The information required under this Section shall be filed electronically in conformance with the instructions and reporting requirements in the Filing Manual.
[82 FR 55331, Nov. 21, 2017, as amended at 88 FR 21442, Apr. 10, 2023]
46763.

#### BELL v. THE STATE.

(381 SE2d 514)

Smith, Justice.

Bell was convicted of murder and sentenced to life imprisonment. 1 In this appeal, he raises the issue of ineffective assistance of counsel. We affirm.

The ineffectiveness issue was not raised in the trial court during either the motion for new trial or the motion for an out-of-time appeal. Neither was it later raised in the trial court before appeal by new counsel as is directed by *Thompson v. State,*257 Ga. 386 (359 SE2d 664) (1987). Furthermore, the evidence put forth at trial was sufficient for a rational trier of fact to have found proof of guilt beyond a reasonable doubt. *Jackson v. Virginia,*443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).

*Judgment affirmed.*

*All the Justices concur, except Weltner, J., not participating.*

*273Decided June 8, 1989.

*R. Michael Key,*for appellant.

*William G. Hamrick, Jr., District Attorney, Michael J. Bowers, Attorney General, C. A. Benjamin Woolf,*for appellee.

1

 The crime was committed on August 11, 1984. The Troup County jury returned its verdict of guilty on November 13, 1984. A motion for new trial was filed on December 6, 1984, heard and denied on January 11, 1985. A *pro se*motion for an out-of-time appeal was filed on July 11, 1988, and granted on July 29, 1988. Notice of Appeal was filed on August 26, 1988. The transcript of evidence was filed on March 7, 1989. The record was docketed in this Court on March 10, 1989. The case was submitted on April 21, 1989.
No. 11-8761.

#### Winchester *v.*Jones, Director, Oklahoma Department of Corrections.

C. A. 10th Cir. Certiorari denied.
§ 64.1002 Investments and expenses. ( a ) *Investment and expenses not used and useful in the ordinary course.* The following investments and expenses are presumed not used and useful (and thus unreasonable): ( 1 ) Personal expenses, including but not limited to personal expenses for food and beverages, housing, such as rent or mortgages, vehicles for personal use, and personal travel;
( 2 ) Tangible property not logically related or necessary to offering voice or broadband services;
( 3 ) Political contributions;
( 4 ) Membership fees and dues in social, service and recreational, or athletic clubs or organizations;
( 5 ) Penalties or fines for statutory or regulatory violations; and
( 6 ) Penalties or fees for late payments on debt, loans, or other payments.
( b ) *Non-customary investments and expenses.* Unless customary for similarly situated companies, the following investments and expenses are presumed not used and useful (and thus unreasonable): ( 1 ) Personal benefits, such as gifts, housing allowances, and childcare, that are not part of taxable compensation;
( 2 ) Artwork and other objects that possess aesthetic value that are displayed in the workplace;
( 3 ) Aircraft, watercraft, and off-road vehicles used for work and work-related purposes;
( 4 ) Cafeterias and dining facilities;
( 5 ) Charitable donations;
( 6 ) Entertainment;
( 7 ) Food and beverage expenses for work and work-related travel;
( 8 ) Membership fees and dues associated with professional organizations;
( 9 ) Scholarships; and
( 10 ) Sponsorships of conferences or community events.
No. 11-9520.

#### Lancaster *v.*Florida.

Dist. Ct. App. Fla., 1st Dist. Certiorari denied.
#### § 27.308 Technical content of applications.

All applications required by this part shall contain all technical information required by the application forms or associated public notice(s). Applications other than initial applications for a WCS license must also comply with all technical requirements of the rules governing the applicable frequency band (see subparts C, D, F, and G of this part, as appropriate).

[65 FR 57268, Sept. 21, 2000]
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 444 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 444

 For the relief of the heirs and assigns of Hattie Davis Rogers of the 
                  Nez Perce Indian Reservation, Idaho.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

 Mr. LaRocco introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 For the relief of the heirs and assigns of Hattie Davis Rogers of the 
                  Nez Perce Indian Reservation, Idaho.

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

SECTION. 1. PAYMENT.

    (a) In General.--The Secretary of the Treasury shall pay, out of 
any money in the United States Treasury that is not otherwise 
appropriated, the sum of $108,000 to the heirs and assigns of Hattie 
Davis Rogers who hold a title interest in Lot 1, Block 8 in Tolyaulkt's 
Addition to the Town of Fort Lapwai.
    (b) Distribution of Payments.--The money appropriated under 
subsection (a) shall be distributed to the heirs and assigns of Hattie 
Davis Rogers by the Northern Idaho Agency of the Bureau of Indian 
Affairs in accordance with the shares each of the heirs and assigns of 
Hattie Davis Rogers holds in Lot 1, Block 8 in Tolyaulkt's Addition to 
the Town of Fort Lapwai, Idaho.

SEC. 2. SATISFACTION OF CLAIMS.

    Acceptance of the payments made under section 1 by the heirs and 
assigns of Hattie Davis Rogers shall constitute full satisfaction of 
all claims of the estate of Hattie Davis Rogers, her heirs and assigns, 
against the United States arising out of the loss of the use of Lot 1, 
Block 8 in Tolyaulkt's Addition to the Town of Fort Lapwai, Idaho, that 
is located on the Nez Perce Indian Reservation in the State of Idaho 
and was the subject of Brooks against Nez Perce County, Idaho, et al., 
Civ. 2-72-27 (D. ID. 1983), as a result of the acts or omissions of the 
United States.

                                 <all>
```
No. 11-9920.

#### Jackson *v.*United States.

C. A. 6th Cir. Certiorari denied.
No. 11-9391.

#### Usher *v.*California et al.

C. A. 9th Cir. Certiorari denied.
142P16

#### State v. Sylvia Dyson Sprinkle

Def’s PDR Under N.C.G.S. § 7A-31 (COA15-657)

Denied
----- Forwarded by Jaime Pagan/RTP/USEPA/US on 07/14/2008 10:30 AM -----

"Farr, Clint J (DEC)" <clint.farr@alas To ka.gov> Jaime Pagan/RTP/USEPA/US@EPA, Michael Horowitz/DC/USEPA/US@EPA 07/10/2008 08:03 cc PM "Farr, Clint J (DEC)" <clint.farr@alaska.gov>, "Mello, Christopher P (AIDEA)" <cmello@aidea.org>, "Edwards, Alice L S (DEC)" <alice.edwards@alaska.gov> Subject Request deadline extension for developing an alternative plan for rural Alaska public electric utilities to transition to ultra low sulfur diesel

Dear Mr. Pagan, On January 11, 2008, ADEC sent EPA a letter asking for more time to recommend a final plan to address Alaska's concerns with the New Source Performance Standards for stationary compression ignition, internal combustion engines. Two dates were outlined in the letter:

- an April 11, 2008 deadline to provide an alternative plan for rural Alaska public-sector electric utilities to comply with the fuel transition provisions of the NSPS rule;

- a July 11, 2008 deadline for ADEC to provide an alternative plan for rural Alaska public-sector electric utilities to comply with the emission standards of the NSPS rule.

On April 10, 2008, ADEC sent an email to EPA requesting an extension to July 11, 2008 for providing alternative plans for compliance with the fuel transition provisions. The Alaska Department of Environmental Conservation now wishes to extend the deadline again for providing a final recommendation to transition rural Alaska to ultra low sulfur diesel. After your trip to Alaska and the final release of the cost assessment, we need more time for input from impacted parties. We wish to extend the deadline for a transition plan to October 31st 2008. Chris Mello of the Alaska Energy Authority and I intend to come to Washington D.C. and North Carolina in September with a recommendation for discussion. An October 31 deadline will give us some time after this trip to address EPA's final thoughts and concerns.

Do not hesitate to call me with your thoughts and concerns.

Take care, Clint Farr Division of Air Quality, Area Source Section Manager Alaska Department of Environmental Conservation 410 Willoughby Avenue, Suite 303 Juneau, AK 99801- 1795 Phone - 907-465-5127 Fax - 907-465-5129 clint.farr@alaska.gov
No. 11-5348.

#### Watkins *v.*Haynes, Warden.

C. A. 11th Cir. Certiorari denied.
No. 11-9076.

#### Oliver *v.*Pennsylvania.

Super. Ct. Pa. Cer-tiorari denied.
II

103D CONGRESS

2D SESSION H. R. 4571

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 20 (legislative day, SEPTEMBER 12), 1994

Received; read twice and referred to the Committee on Governmental Affairs

OCTOBER 8 (legislative day, SEPTEMBER 12), 1994

Committee discharged

AN ACT

To designate the United States Post Office building located

at 103–104 Estate Richmond in Saint Croix, Virgin Islands, as the ‘‘Wilbert Armstrong Post Office’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 4571 CDS

1 SECTION 1. DESIGNATION.

2 The United States Post Office building located at

3 103–104 Estate Richmond in Saint Croix, Virgin Islands,

4 shall be known and designated as the ‘‘Wilbert Armstrong

5 Post Office’’.

6 SEC. 2. REFERENCES.

7 Any reference in a law, map, regulation, document,

8 paper, or other record of the United States to the building

9 referred to in section 1 shall be deemed to be a reference

10 to the Wilbert Armstrong Post Office.

Passed the House of Representatives September 19,

1994.

Attest: DONNALD K. ANDERSON,

Clerk.
No. 11-9545.

#### Burns *v.*Florida.

Dist. Ct. App. Fla., 1st Dist. Certiorari denied.
No. 11-1140.

#### Macias *v.*Good Times Stores, Inc.

Ct. App. Tex., 8th Dist. Certiorari denied.