alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CASE STUDIES IN EMERGENCY ELECTION LITIGATION

Federal Judicial Center 10/5/2023 1

Establishing a New Position 

Too Late for a Primary Election 

Shapiro v. Berger 

(Colleen McMahon, S.D.N.Y. 7:04-cv-5895) 

A prospective candidate for a new judicial position filed a federal 

complaint alleging that the position was purposely established too 

late for a primary election. The district judge denied the candidate a 

preliminary injunction, concluding that the complaint stated no 

valid federal constitutional claim. 

Subject: Filling vacancies. Topics: Primary election; getting on 

the ballot; party procedures; matters for state courts. 

A prospective candidate for Greenburgh town justice in the November 2, 

2004, general election and three supporters of his candidacy filed a federal 

complaint in the Southern District of New York on July 29 alleging state and 

federal constitutional improprieties in the town council’s delay in creation of 

a newly authorized judicial position so that party nominees could not be 

chosen by primary election.1

Judge Colleen McMahon heard the case on August 5 and denied the 

plaintiffs relief later that day.2 The new position was authorized by legislation 

signed by the governor on June 30.3 For candidates to participate in the September 14 primary election, the town would have to create the authorized 

position by July 8, but the town did not create the position until July 14.4 Because there is no federal constitutional right to a primary election, however, 

the plaintiffs were without a valid federal claim.5

On August 23, the plaintiffs sought reconsideration by letter.6

 Reviewing 

the letter upon returning from vacation, Judge McMahon denied the request.7

 Observing “that if a motion to dismiss this action had been made 

when the preliminary injunction papers were filed and responded to, I would 

have granted it,”8 Judge McMahon dismissed the case sua sponte.9 An appeal 

was dismissed for lack of prosecution.10

1. Complaint, Shapiro v. Berger, No. 7:04-cv-5895 (S.D.N.Y. July 29, 2004), D.E. 1; 

Shapiro v. Berger, 328 F. Supp. 2d 496, 497–501 (S.D.N.Y. 2004); see Joseph Ax, Hastings 

Lawyer Claims Greenburgh, Democrats Conspired in Decision, Westchester Cty. J. News, 

Aug. 5, 2004, at 1B. 

2. Shapiro, 328 F. Supp. 2d 496; see Joseph Ax, U.S. Judge Challenges Lawyer for Candidate, Westchester Cty. J. News, Aug. 6, 2004, at 3B; Bill Hughes, Suit Seeking Primary for 

Judgeship Is Tossed, Westchester Cty. J. News, Aug. 7, 2004, at 8B. 

3. Shapiro, 328 F. Supp. 2d at 498; see Ax, supra note 1. 

4. Shapiro, 328 F. Supp. 2d at 498–500; see Hannan Adely, No Primary Frustrates Candidate for Town Judge, Westchester Cty. J. News, July 8, 2004, at 3B. 

5. Shapiro, 328 F. Supp. 2d at 502–05. 

6. Letter, Shapiro, No. 7:04-cv-5895 (S.D.N.Y. Aug. 23, 2004, filed Sept. 14, 2004), D.E. 

24. 

7. Letter, id. (Sept. 13, 2004, filed Sept. 14, 2004), D.E. 23. 

8. Id. 
Establishing a New Position Too Late for a Primary Election 

2 Federal Judicial Center 10/5/2023 

9. Judgment, id. (Sept. 15, 2004), D.E. 27. 

10. Docket Sheet, Shapiro v. Weinstein, No. 04-5522 (2d Cir. Oct. 18, 2004).
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1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

DWAYNE EICHLER,

Plaintiff, No. CIV S-04-1108 GEB JFM P

vs.

CDC OFFICER SHERBIN, et al.,

Defendants. ORDER

 /

Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to

42 U.S.C. § 1983. On February 23, 2006, defendants filed a request for extension of time to

respond to plaintiff’s discovery requests. Good cause appearing, defendants’ request will be

granted. 

On March 7, 2006, plaintiff filed a request a form to subpoena documents. It

appears plaintiff wishes to subpoena copies of his medical records from the University of

California Davis Medical Center. Plaintiff is advised that he does not need to subpoena copies of

his own medical records. Plaintiff may obtain copies of his medical records by providing a

release. However, the medical center may charge for copies of his medical records. Plaintiff

may wish to seek the assistance of Attorney's Diversified Services (ADS),1424 21st Street,

Sacramento, CA 95814, whose phone number is 916-441-4396 to obtain these copies. Plaintiff

is advised that in forma pauperis status does not include the cost of copies.

Case 2:04-cv-01108-GEB-JFM Document 59 Filed 03/27/06 Page 1 of 2
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Moreover, plaintiff is advised that he may obtain copies of his medical records

from his prison medical file. Copies of medical records for services provided at the UC Davis

Medical Center should be included in plaintiff’s prison medical file. The institution has

procedures in place that allows plaintiff to review and obtain copies of records contained in this

file. So long as plaintiff follows the institutional procedures for obtaining these copies, plaintiff 

may obtain copies from the prison.

Accordingly, IT IS HEREBY ORDERED that:

1. Defendants’ February 23, 2006 request for extension of time to respond to

plaintiff’s discovery requests is granted; and

2. Plaintiff’s March 7, 2006 request for a subpoena form is denied without

prejudice.. 

DATED: March 24, 2006.

/001

eich1108.sub

Case 2:04-cv-01108-GEB-JFM Document 59 Filed 03/27/06 Page 2 of 2
Exhibit 31(a)

                                  CERTIFICATION

I, Robert Chestnov, certify that:

1.       I have reviewed this Annual Report on Form 10-K of Jaclyn, Inc.;

2.       Based on my knowledge, this report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to make
the statements made, in light of the circumstances under which such statements
were made, not misleading with respect to the period covered by this report;

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

4.       The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

         (a)      Designed such disclosure controls and procedures, or caused
such disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

         (b)      Evaluated the effectiveness of the registrant's disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

         (c)      Disclosed in this report any change in the registrant's
internal control over financial reporting that occurred during the registrant's
most recent fiscal quarter (the registrant's fourth fiscal quarter in the case
of an annual report) that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

5.       The registrant's other certifying officer and I have disclosed, based
on our most recent evaluation of internal control over financial reporting, to
the registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent functions):

<PAGE>

         (a)      All significant deficiencies and material weaknesses in the
design or operation of internal control over financial reporting which are
reasonably likely to adversely affect the registrant's ability to record,
process, summarize and report financial information; and

         (b)      Any fraud, whether or not material, that involves management
or other employees who have a significant role in the registrant's internal
control over financial reporting.


Date: September 28, 2004               /s/ ROBERT CHESTNOV
                                       -----------------------------------------
                                       Robert Chestnov,
                                       Principal Executive Officer
Exhibit No. 23

               CONSENT OF ERNST & YOUNG, LLP, INDEPENDENT AUDITORS


       We consent to the incorporation by reference in this Annual Report on
   Form 10-K of Journal Communications, Inc. of our report dated February 3,
   1997, included in the 1996 Annual Report to Shareholders of Journal
   Communications, Inc.

       Our audits also included the financial statement schedule of Journal
   Communications, Inc. listed in item 14(a).  This schedule is the
   responsibility of the company's management.  Our responsibility is to
   express an opinion based on our audits.  In our opinion, the financial
   statement schedule referred to above, when considered in relation to the
   basic financial statements taken as a whole, presents fairly in all material
   respects the information set forth therein.

       We also consent to the incorporation by reference in the Registration
   Statements of Forms S-8 (File Nos. 2-79770, 33-14771 and 333-15669) pertain-
   ing to the Journal Communications, Inc. Employes' Individual Retirement
   Agreement, the Journal Employes' Stock Trust, and the Journal Communica-
   tions, Inc. Employes' Stock Trust filing of November 5, 1996 with respect
   to 1,500,000 units of beneficial interest in said trust, of our report dated
   February 3, 1997 with respect to the consolidated financial statements and
   schedule of Journal Communications, Inc. included and incorporated by
   reference in the Annual Report (Form 10-K) for the year ended December 31,
   1996.


   Milwaukee, Wisconsin          ERNST & YOUNG, LLP
   March 31, 1997
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VICTOR S. HALTOM

Attorney at Law

State Bar No. 155157

428 J Street, Suite 350

Sacramento, CA 95814

Telephone: (916) 444-8663

Facsimile: 444-1546

e-mail: vshjah@aol.com

Attorney for Petitioner

KEVIN B. JOHNSON

IN THE UNITED STATES DISTRICT COURT

IN AND FOR THE EASTERN DISTRICT OF CALIFORNIA

KEVIN B. JOHNSON,

Petitioner, No. CIV S-04-0892 DFL DAD P

vs.

JIM HAMLET, Warden, et al.,

Respondents. ORDER

 /

Good cause appearing, IT IS HEREBY ORDERED that:

1. Petitioner’s June 16, 2005 application for an enlargement of time is granted.

2. On or before July 18, 2005, petitioner shall file either a statement that he will

stand on his existing petition and supplemental points and authorities, or a motion for leave to

amend accompanied by a proposed amended petition and, if appropriate, a motion for a stay

pending exhaustion of additional claims.

DATED: June 20, 2005.

DAD:13

john0892.ext2

Case 2:04-cv-00892-MCE -DAD Document 30 Filed 06/20/05 Page 1 of 1
Exhibit 23.1.c

INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration
Statement No. 33-51799 on Form S-3 and Registration
Statement No. 333-32636 and No. 33-45618 on Form S-8 of
Great Plains Energy, Inc. and Registration Statement No. 333-
18139 on Form S-3 of Kansas City Power & Light Company of
our report dated January 30, 2002 (relating to the financial
statements of DTI Holdings, Inc. and Subsidiaries not
presented separately herein), appearing in this Annual
Report on Form 10-K of Great Plains Energy for the year
ended December 31, 2001.

/s/ DELOITTE & TOUCHE LLP
St. Louis, Missouri

February 22, 2002
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

:

SUNGARD RECOVERY SERVICES, L.P. :

 Plaintiff/Counterclaim Defendant, :

: CIVIL ACTION

v. :

: NO. 02-4444

COMCAR INDUSTRIES, INC., :

 Defendant/Counterclaim Plaintiff. :

ORDER

AND NOW, this _____ of July, 2005, upon consideration of counsels’ Stipulation of

Dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(ii) (Doc.29), IT IS HEREBY

ORDERED and DECREED that the above-captioned case is DISMISSED. 

IT IS FURTHERORDERED that the clerk of the court shall designate the above-captioned

case CLOSED.

BY THE COURT:

________________________________

Hon. Petrese B. Tucker, U.S.D.J. 

Case 2:02-cv-04444-PBT Document 30 Filed 07/26/2005 Page 1 of 1
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

LUZ MARTHA GUZMAN,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 09-70698

Agency No. A070-754-745

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted March 8, 2011** 

Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.

Luz Martha Guzman, a native and citizen of Mexico, petitions pro se for

review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to

reopen proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review 

for abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales,

FILED

APR 27 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-70698

400 F.3d 785, 791 (9th Cir. 2005). We deny in part and dismiss in part the petition

for review. 

The BIA did not abuse its discretion by denying Guzman’s motion to reopen

because she did not request any relief over which the BIA had jurisdiction. See

Matter of Yauri, 25 I. & N. Dec. 103, 110 (BIA 2009); see also 8 C.F.R.

§ 214.14(c)(1) (“USCIS has sole jurisdiction over all petitions for U nonimmigrant

status.”). 

We lack jurisdiction to review the BIA’s October 13, 2008, order dismissing

Guzman’s appeal from an immigration judge’s denial of cancellation of removal

because she failed to timely petition this court for review of that order. See Singh

v. INS, 315 F.3d 1186, 1188 (9th Cir. 2003).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.
0.0

2.0

4.0

6.0

8.0

10.0

12.0

14.0

Column1 2006-2008 2007-2009 2008-2010 2009-2011 2010-2012

Expected Exceedances

South Coast 1-hour Ozone 2006-2013

2006-2008

#REF!
No. 65481.

#### J. J. Boll *v.*United States,

protest 60/21793 (New York).

Opinion by

Lawrence, J.

An examination of the protest disclosing that it was untimely filed under section 514, Tariff Act of 1930 (19 U.S.C. §1514), the protest was dismissed.
```

[Federal Register: August 11, 2010 (Volume 75, Number 154)]
[Notices]               
[Page 48736]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au10-101]                         

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

DEPARTMENT OF STATE

[Public Notice 7117]

 
Culturally Significant Objects Imported for Exhibition 
Determinations: ``Kurt Schwitters: Color and Collage''

SUMMARY: Notice is hereby given of the following determinations: 
Pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 
1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 
Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of 
Authority No. 234 of October 1, 1999, and Delegation of Authority No. 
236-3 of August 28, 2000, I hereby determine that the objects to be 
included in the exhibition ``Kurt Schwitters: Color and Collage,'' 
imported from abroad for temporary exhibition within the United States, 
are of cultural significance. The objects are imported pursuant to loan 
agreements with the foreign owners or custodians. I also determine that 
the exhibition or display of the exhibit objects at the Menil 
Collection, Houston, TX, from on or about October 22, 2010, until on or 
about January 22, 2011; the Princeton University Art Museum, Princeton, 
NJ, from on or about March 26, 2011, until on or about June 26, 2011; 
the UC Berkeley Art Museum and Pacific Film Archive, Berkeley, CA, from 
on or about August 3, 2011, until on or about November 27, 2011, and at 
possible additional exhibitions or venues yet to be determined, is in 
the national interest. Public Notice of these Determinations is ordered 
to be published in the Federal Register.

FOR FURTHER INFORMATION CONTACT: For further information, including a 
list of the exhibit objects, contact Carol B. Epstein, Attorney-
Adviser, Office of the Legal Adviser, U.S. Department of State 
(telephone: 202/632-6473). The address is U.S. Department of State, SA-
5, L/PD, Fifth Floor, Washington, DC 20522-0505.

    Dated: August 3, 2010.
Ann Stock,
Assistant Secretary, Bureau of Educational and Cultural Affairs, 
Department of State.
[FR Doc. 2010-19836 Filed 8-10-10; 8:45 am]
BILLING CODE 4710-05-P
```
OFFICE OF THE ATTORNEY GENERAL OF TEXAS **AUSTIN**

Hon. Ailen C. Wilson cwultyAttorney Xeridall

County BOerne, Texas
Dear &?I?.

Yllson:

is hereby provided $I*Tenaenae*~ autber&zing the.,sale delaers of beer for oorampoff the premiseswher@ soltl. sush temparery lieense ahall be Five ($5.00)Ipollars. Suah lloenees shall be issuea by.the asseesor and the~aollestorof Bxes upon applicationappreradby the County**Allen C.**  **Xiilson, Piige**  **2 E0l-t.** 

**.** Judge, but.no suah permit shall be issued to any person who does not also hold a license as provided In subseation (d)lof this seotion, end no suoh pertitshallauthorize the sale of beer at iny point outside the oounty where sam@ lo issued. Any'suoh temporaq U&sass shall ex;ilre at the: lioi:. Ailen C. Lilson, P:-ge3

CO~GLO~~~~ES for hiin Ooiisuinptim, ana that the sale of beverages for -<<hioh a license is required does uot dUriGg s6ioh prohibitedhours nosxmlly in the course of'any oneweek's time amxnt in dollars and cents to fliore then the sale value 0r food and other 00ryr0aities for huumn consumpti*n sold~ by szzh iicenseed&ring s.uch hours, be entitledwithout being req-tired to pay any tee thereror, to a auppleamtary lloense authorlraiag him to sell suoh bsversgss **during any**  **hour** 

### 0r **any** day, Said supplsmsntarylloense shall be on a icrm Punished by the Board or Administrator **and** upon being issued shall be attaohsd to and beooBa a part of basio Uoense of the hold

### er,ana suoh mppl~entary liosaae 

### shallarp~e withthe llosnss or rhioh it 

### Isa part8* *.* * Fk a 

### carefulreadingof thisstatute, in regard to supp~emsntaryll+uxse, it Is our opinlm that such 

### lLa6rme does not authorire the holdsr of saeae to sell beer on Sunday at plonio8,

### roatwe, danes8, eta.

xt is ourfurther opinion that ii a dealerwishes to mail h-elf of the prlrllege of selllag **beer at**  planlorr, 

### rodam,**an@** other oelebrati+ms,and sf svsnf8, that he shou d pay the tsmparary lloense fee of rive d01.33~.

Trusting that this is the inl'?rmetion, w!&eh,you seek,we ars Yours rery t&mly 

# FCC mmb
APPROVED~ 

### 21,1939

.n-4a-J
ATTORNEY

### G-L OF TEXAS
Exhibit 32(a), Form 10-K            Kansas City Life Insurance Company

**KANSAS CITY LIFE INSURANCE COMPANY            CERTIFICATION****PURSUANT TO 18 U.S.C. SECTION 1350****,****AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**Year Ended 2008

The undersigned certify that the registrant’s Form 10-K report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)) and that information contained in the report fairly represents, in all material respects, the financial condition and results of operations of            the registrant.

/s/ R. Philip BixbyR. Philip Bixby            President, Chief Executive Officer,            and Chairman of the Board                                                    

/s/ Tracy W. Knapp

Tracy W. Knapp            Senior Vice President, Finance            Date: February 24, 2009
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 Nexicon, Inc. (the "Company")
on Form 10-QSB for the period ended June 30, 2005 as filed with the United
States Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to his knowledge:

      1. The Report fully complies with the requirements of Section 13(a) or
15(d) 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 results of operation of the
Company.

Date:     February 10, 2006                 NEXICON, INC.

                                            By:  /s/ Richard A. Urrea
                                                 Richard A. Urrea
                                                 President, Chief Executive
                                                 Officer and Principal
                                                 Executive Officer

A signed original of this written statement required by Section 906, or other
document authentications, 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 Nexicon, Inc. and will
be retained by Nexicon, Inc. and furnished to the United States 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 Abgenix, Inc. (the "Company") on Form 10-Q for the quarter ending June 30, 2004, as
filed with the Securities and Exchange Commission on the date hereof (the "Report"), I hereby certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the
Sarbanes-Oxley Act of 2002, that:



August 9,
2004

| |  | /s/RAYMOND M. WITHY, PH.D.Raymond M. Withy, Ph.D. President and Chief
Executive Officer
(Principal Executive Officer)
| |  | ---------------------------------------------------------------------------------------------------------------------

A
signed original of this written statement required by Section 906 has been provided to Abgenix, Inc. and will be retained by Abgenix, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.

---



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