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

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

DALE TREIBER, )

)

Plaintiff, )

) Civil Action No. 05-278 Erie

v. )

)

ERIE POLICE DEPARTMENT, et al., )

)

Defendants. )

MEMORANDUM ORDER

This civil rights action was received by the Clerk of Court on September 27,

2005, and was referred to United States Magistrate Judge Susan Paradise Baxter for

report and recommendation in accordance with the Magistrates Act, 28 U.S.C. §

636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. 

The Magistrate Judge's Report and Recommendation [Doc. No. 26], filed on

October 27, 2006, recommended that Defendants’ motion for summary judgment [Doc.

No. 14] be granted. It was further recommended that, pursuant to the Prison Litigation

Reform Act, that Plaintiff’s complaint be dismissed for failing to state a claim upon

which relief can be granted as against Defendant Ahlbrandt. The parties were allowed

ten (10) days from the date of service to file objections. Service was made on Plaintiff

by certified mail and on Defendants. No objections were filed. After de novo review of

the motion and documents in the case, together with the Report and Recommendation,

the following order is entered:

AND NOW, this 21st day of November, 2006; 

IT IS HEREBY ORDERED that the Defendants’ motion for summary judgment

[Doc. No. 14] is GRANTED. IT IS FURTHER ORDERED that, pursuant to the Prison

Litigation Reform Act, Plaintiff’s complaint is DISMISSED for failing to state a claim

upon which relief can be granted as against Defendant Ahlbrandt. 

The Report and Recommendation [Doc. No. 26] of Magistrate Judge Baxter, filed

on October 27, 2006, is adopted as the opinion of the Court.

Case 1:05-cv-00278-SJM-SPB Document 27 Filed 11/21/06 Page 1 of 2
2

 s/ Sean J. McLaughlin

United States District Judge

cm: All parties of record

Susan Paradise Baxter, U.S. Magistrate Judge

Case 1:05-cv-00278-SJM-SPB Document 27 Filed 11/21/06 Page 2 of 2
<TABLE>
<S>     <C>
EXHIBIT 10.32(a)
                                         Atlantic Coast Airlines
                                          Summary of Bonus Plans
                                             Amended 3/23/98

"Share the Success": Hourly

      applies to hourly workers actively employed by ACA for two full calendar quarters meeting a
     hours-worked requirement
      payable quarterly
      payouts require that company reach minimum quarterly financial targets for
      quarter if profit margin  target  achieved,  each  employee  automatically
      receives  $150  employee  receives  $50 for each  month  that ACA meets or
      exceeds each of certain operational goals
     (flight completion, on-time departures, mishandled baggage)
      $25 if certain lesser threshold is achieved

"Share the Success": Salaried

      applies to exempt employees
      payable annually
      payouts up to 30% of salary depending on management level
      payouts depend on two factors: operating profit margin and operational performance (completion
     factor, on-time departures, mishandled baggage)
      for each factor, payouts depend on whether company attains the "threshold achievement" or  the
     higher "target achievement"
      payout highest if, in addition certain operating profit achieved
      potential maximum payout represents varying percentage of salary depending on management level



<PAGE>


                                                        58







SS_NYL4/246328
</TABLE>
#### Laurence WOLFSON, Appellant, v. SECOND NATIONAL BANK OF NORTH MIAMI, a national banking assoc., Appellee.

No. 78-1355.

District Court of Appeal of Florida, Fourth District.

June 23, 1978.

BY ORDER OF

THE COURT:

ORDERED that the June 22, 1978 Petition for Writ of Prohibition is hereby denied upon the authority of *English v. McCrary,*Fla., 348 So.2d 293.
EXHIBIT 32.1


CERTIFICATION PURSUANT TO
18 U.S.C. 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


        In connection with the Quarterly Report on Form 10-QSB of RPM Advantage.
(the "Registrant") for the period ended June 30, 2007, as filed with the
Securities and Exchange Commission on the date hereof (the "Report"),
I, David R. Pressler, Chief Executive Officer of the Registrant, certify,
pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that:

(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 operations of the
Company.


Date:   July 15, 2011


By:

/s/ DAVID R. PRESSLER


David R. Pressler
Chief Executive Officer
(principal executive officer)
1

 IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

EDWARD J. NICHOLS, )

Petitioner, )

v. ) C.A. No. 06-119 Erie

) District Judge McLaughlin

JOHN DOE 9-26-1997, et al., ) Magistrate Judge Baxter

Respondents )

O R D E R

On May 18, 2006, Petitioner, a state prisoner appearing pro se, filed the instant petition

for writ of habeas corpus. This matter was assigned to United States District Judge Sean J.

McLaughlin and was referred to United States Magistrate Judge Susan Paradise Baxter for

report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and

Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. 

On May 22, 2006, Magistrate Judge Baxter issued a Report and Recommendation

recommending that this case be transferred to the Middle District of Pennsylvania. Document #

2.

No objections have been filed.

AND NOW, this 20th day of June, 2006;

Following a de novo review of the record in this case, IT IS HEREBY ORDERED that

the Report and Recommendation by Magistrate Judge Baxter is adopted as the opinion of this

Court. This case is hereby transferred to the Middle District of Pennsylvania. 

IT IS FURTHER ORDERED that the Clerk of Courts close this case. Although motions

Case 1:06-cv-00119-SJM-SPB Document 4 Filed 06/20/06 Page 1 of 2
2

are presently pending in this case, the transferee court is in the best position to decide them.

S/ Sean J. McLaughlin 

SEAN J. MCLAUGHLIN

UNITED STATES DISTRICT JUDGE

Case 1:06-cv-00119-SJM-SPB Document 4 Filed 06/20/06 Page 2 of 2
PRIVATE LAW 105–4—NOV. 21, 1997

Private Law 105–4

105th Congress

An Act

For the relief of John Andre Chalot.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. MODIFICATION OF EFFECTIVE DATE OF NATURALIZATION

OF JOHN ANDRE CHALOT.

Notwithstanding title III of the Immigration and Nationality

Act, any predecessor provisions to such title, or any other provision

of law relating to naturalization, for purposes of determining the

eligibility of John Andre Chalot for relief under the Agreement

Between the Government of the United States and the Government

of the Federal Republic of Germany Concerning Final Benefits

to Certain United States Nationals Who Were Victims of National

Socialist Measures of Persecution, signed at Bonn on September

19, 1995, John Andre Chalot is deemed to be a naturalized citizen

of the United States as of September 3, 1943.

Approved November 21, 1997.

Nov. 21, 1997

[H.R. 2732]
[Federal Register Volume 62, Number 186 (Thursday, September 25, 1997)]
[Notices]
[Page 50305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25391]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. CP96-541-000]


Southern Natural Gas Company; Notice of Site Visit

September 19, 1997.
    Between September 29 and October 2, 1997, the Office of Pipeline 
Regulation staff will conduct a compliance inspection of the Brunswick 
Loop, South Main 2nd Loop, South Main 3rd Loop, and 2nd North Main Loop 
portions of the Southern Natural Gas Company Zone III Expansion 
Project.
    On September 29, the Brunswick Loop will be inspected in Jones and 
Twiggs Counties, Georgia. This inspection will begin at 8:30 a.m. at 
the 57 QuickStop, located on Route 19 at the corner of Route 57 and 
Ridge Road in Macon, Georgia.
    On September 30, the South Main 2nd Loop will be inspected in 
Crawford and Monroe Counties, Georgia. This inspection will begin at 
8:30 a.m. at Southern Natural Gas Company's Warehouse Site, located at 
24 Industrial Park Drive in Roberta, Georgia.
    On October 1, the South Main 3rd Loop will be inspected in Lee 
County, Alabama. This inspection will begin at 9 a.m. All persons 
wishing to attend must meet in the lobby of the Holiday Inn in Opelika, 
Alabama, located at I-85 at US Highway 280 and US Highway 431.
    On October 2, the 2nd North Main Loop in Pickens and Tuscaloosa 
Counties, Alabama will be inspected. The inspection will begin at 10 
a.m. All persons wishing to attend must meet in the lobby of the Best 
Western Catalina Inn in Northport, Alabama, located at 2015 US Highway 
82 West.
    All parties may attend. Those planning to attend must provide their 
own transportation. For further information, please contact Paul McKee 
at (202) 208-1088.
Robert J. Cupina,
Deputy Director, Office of Pipeline Regulation.
[FR Doc. 97-25391 Filed 9-24-97; 8:45 am]
BILLING CODE 6717-01-M
#### Ray HARVEY, Petitioner, v. ARROW ELECTRIC COMPANY, Liberty Mutual Insurance Company, and the Florida Department of Commerce, Industrial Relations Commission, Respondents.

No. 40522.

Supreme Court of Florida.

Feb. 22, 1971.

Certiorari denied.

ERVIN, Acting C. J., and CARLTON, ADKINS, BOYD and McCAIN, JJ., concur.
#### Willie J. DANIELS, Appellant, v. STATE of Florida, Appellee.

No. 76-877.

District Court of Appeal of Florida, Second District.

Nov. 8, 1977.

Jack 0. Johnson, Public Defender, and Victoria J. Powell, Bartow, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Mary Jo M. Gallay, Asst. Atty. Gen., Tampa, for appellee.

OTT, Judge.

Appellant was convicted of the Malicious Maiming of an Animal in violation of Section 828.07, Florida Statutes (1975) (Repealed). The issue is whether the appellant’s shooting of a dog in the leg falls within the felony coverage of the Florida Statutes. We hold that under the prevailing circumstances, the appellant could not have been charged and convicted of a felony. Therefore, we reverse.

In *State v. McLain,*150 Fla. 592, 8 So.2d 392 (1942) the court held that then applicable Section 7360, Florida Statutes did not apply to dogs because the legislature had evidenced its intent that a separate statute govern injuries to dogs. (Section 7242) Thus, the court held that notwithstanding the fact that the definitional section then in force (Section 7071) defined animal as including “every living dumb creature” that the “horse, cattle or other animals” language of Section 7360 did not include dogs.

Prior to 1972 there existed four separate statutory provisions dealing with the broad area of criminal conduct with respect to various animals. Section 811.19 [whose predecessor was Section 7242 — discussed in *McLain*] was the statute dealing specifically with dogs before its repeal in 1972. The general animal misdemeanor statute was Section 828.09 [whose predecessor was Section 7360 — discussed in *McLain*]; the general animal felony statute was Section 828.-07, Florida Statutes. Both 828.07 and 828.-09 were repealed by the Laws of 1974; the effective date of the repeal of 828.07 was subsequent to appellant’s act. The final statute — Section 828.12, Florida Statutes— is the only one of the four still in force. Under this statute the prohibited acts constitute a misdemeanor only. For its own reasons the state chose to charge the appellant under 828.07 rather than 828.12.

The repeal of Section 811.19 was without comment. In the absence of a clearly expressed legislative intent the mere repeal cannot elevate a misdemeanor to the status of a felony under these circumstances. *750Since the legislative history clearly establishes that dogs never fell within the coverage of Section 828.07, we cannot countenance the state’s bringing the information under this section.

Whether dogs are covered by the presently applicable Section 828.12 is another question for another time. In any event, we think it worth noting that if dogs are covered the offense would be a misdemeanor as it was previously.

The judgment of conviction of the appellant is therefore set aside, the sentence vacated and the appellant ordered discharged.

BOARDMAN, C. J., and HOBSON, J., concur.
I 

\)~. 'N{.J~ J ~' td?I-\J(iV~ l(' 

~hu: PO\~C..ae-~ .t Vvl\ c.tJ'f. 

t lsUI).SlQV. : tl-5005 ~e_d P J- W 0Jvv..M~f ()1/' ~ l \e...w-. ~\MJ'{J ~\vY\.. 

\?vr-b·c.-\1\tov! J M tk~ ,--e.(p__rc.J -to WTC . 

fJ1~-,r,.._L4" }Prov\'k ~ YC!& 

, N tJ\ ~ -__.:;.~____,r ~~

----) ; MNbt ~ 

11t-iw~IJ-f L- CO;hv e+-W /r'Jo'--/ --s-3 4 -etfo 1 

~-s~UJ-4/1;~ +fvll,dj&fvd~c_ Qo;; ~ %9-d 

La.~ ~~-N-Y '8>4 W 33o - B~D fo'02S 

' 

1 

(I !:J s.e. S t.e 1 n« B~ c?t' a 3 'f3 4 \ '\-\ 

k_~..., \" C~\\'3"-'"' ~Pp 

S~M (Jtd zf.ll 

t c:.JLtL- .) t• lt U/ t::YAr,,l\~ ~\v'\.S EX> A 

t ?Jrv Tstv ~o \-\) ~:: · r ~
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
STATEMENTS  FOR THE TWELVE  MONTHS ENDED MARCH 31, 1999 AND AS OF MARCH 31, 1999
AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH




FINANCIAL STATEMENTS.
</LEGEND>
<CIK>                     0000904147
<NAME> EMERGING ALPHA CORPORATION
<MULTIPLIER>                    1
<CURRENCY>                      US dollars

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              Mar-31-1999
<PERIOD-START>                                 Apr-01-1998
<PERIOD-END>                                   Mar-31-1999
<EXCHANGE-RATE>                                1
<CASH>                                         291,678
<SECURITIES>                                   0
<RECEIVABLES>                                  2,052
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               291,698
<PP&E>                                         0
<DEPRECIATION>                                 0
<TOTAL-ASSETS>                                 291,698
<CURRENT-LIABILITIES>                          1,800
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       43,600
<OTHER-SE>                                     246,278
<TOTAL-LIABILITY-AND-EQUITY>                   291,678
<SALES>                                        0
<TOTAL-REVENUES>                               15,633
<CGS>                                          0
<TOTAL-COSTS>                                  14,256
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                                1,377
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            1,377
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   1,377
<EPS-BASIC>                                  .032
<EPS-DILUTED>                                  .032







</TABLE>
#### George BROWN, Jr., Appellant, v. STATE of Florida, Appellee.

No. 69-382.

District Court of Appeal of Florida, Second District.

April 10, 1970.

PER CURIAM.

Affirmed.
THE THIRTEENTH COURT OF APPEALS

13-21-00178-CR

Omar Javier Magana

v.

The State of Texas

On Appeal from the

36th District Court of San Patricio County, Texas

Trial Court Cause No. S-20-3262CR

JUDGMENT

THE THIRTEENTH COURT OF APPEALS, having considered this cause on 

appeal, concludes the appeal should be dismissed. The Court orders the appeal 

DISMISSED in accordance with its opinion.

We further order this decision certified below for observance.

January 13, 2022
#### Dr. Yvette ANS, Dr. Roy Ans, and Ans and Ans, P.A., Petitioners, v. John PAGNOTTI, as personal representative, Respondent.

No. 78-1231.

District Court of Appeal of Florida, Fourth District.

Sept. 13, 1978.

Norman S. Klein of Schwartz, Klein & Steinhardt, P.A., North Miami Beach, for petitioners.

Edward A. Perse, of Horton, Perse & Ginsberg, and Brumer, Moss, Cohen & Rodgers, Miami, for respondent.

BERANEK, Judge.

This petition for common law certiorari has been considered on motion to dismiss filed by the respondent. This is a medical mediation proceeding. The panel has met, conducted a hearing, and rendered a decision finding actionable negligence. The petition for writ of certiorari seeks review of the decision of the medical mediation panel and seeks to question the sufficiency of the evidence. The respondent has filed a motion to dismiss the petition asserting this Court lacks jurisdiction and that the recent opinion of the Third District Court of Appeal in *Hubacher v. Landry,*360 So.2d 42, Opinion filed June 13, 1978, warrants dismissal.

It is our conclusion that the petition for common law certiorari herein does not demonstrate jurisdiction and same is hereby dismissed. We adopt the reasoning of the Court in *Hubacher v. Landry,*supra. We stress that this case involves a decision by a mediation panel on the merits which is questioned on evidentiary grounds. No issue as to jurisdiction is involved as was the situation in this Court’s prior decisions in *Perkins v. Pare,*352 So.2d 65 (Fla. 4th DCA *4601977), and *Cole v. Wallace,*354 So.2d 885 (Fla. 4th DCA 1977).

The respondent’s motion to dismiss the writ of certiorari is hereby granted.

CROSS and DAUKSCH, JJ., concur.
EXHIBIT 99.1

WRITTEN STATEMENT
 PURSUANT TO
18 U.S.C. SECTION 1350



The undersigned, Richard K. Matros, the Chief Executive Officer, of Sun Healthcare Group, Inc. (the
"Company"), pursuant to 18 U.S.C. Section 1350, hereby certifies that:

(i)   the Annual Report on Form 10-K for the year ended December 31, 2002 of the Company (the
"Report") fully complies with the requirements of section 13(a) and 15(d) of the Securities Exchange Act of 1934; and

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



|Date: March 26, 2003 | /s/ Richard K. Matros
|-------------------- | ---------------------
|                     | Richard K. Matros    



A signed original of this written statement
required by Section 906 has been provided to Sun Healthcare Group, Inc. and will
be retained by Sun Healthcare Group, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
Case 1:05-cv-00322-GLL Document 16 Filed 02/22/06 Page 1 of 11Case 1:05-cv-00322-GLL Document 16 Filed 02/22/06 Page 2 of 11Case 1:05-cv-00322-GLL Document 16 Filed 02/22/06 Page 3 of 11Case 1:05-cv-00322-GLL Document 16 Filed 02/22/06 Page 4 of 11Case 1:05-cv-00322-GLL Document 16 Filed 02/22/06 Page 5 of 11Case 1:05-cv-00322-GLL Document 16 Filed 02/22/06 Page 6 of 11Case 1:05-cv-00322-GLL Document 16 Filed 02/22/06 Page 7 of 11Case 1:05-cv-00322-GLL Document 16 Filed 02/22/06 Page 8 of 11Case 1:05-cv-00322-GLL Document 16 Filed 02/22/06 Page 9 of 11Case 1:05-cv-00322-GLL Document 16 Filed 02/22/06 Page 10 of 11Case 1:05-cv-00322-GLL Document 16 Filed 02/22/06 Page 11 of 11
255 La. 817

#### B. A. CASTELLON d/b/a Castellon Realty v. Joseph H. NATIONS et al.

No. 50439.

Supreme Court of Louisiana.

April 3, 1970.

In re: Joseph H. Nations applying for certiorari, or writ of review, to the Court of Appeal, Fourth Circuit, Parish of Orleans. 230 So.2d 675.

The application is denied. According to the facts of this case as disclosed by the opinion of the Court of Appeal, the result reached by the court is correct.
**EXHIBIT 32.01**

**Section 1350 Certification**

 

**In connection with this annual report of Global Horizons IL.P. (the “Company”) on Form 10-K for the fiscal year ended December 31, 2005as filed with the Securities and Exchange Commission on the date hereof (this “Report”),I, Robert M. Alderman, Chief Executive Officer, President and Manager of theCompany, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant ofthe Sarbanes-Oxley Act of 2002, that:**

 

1. This Report fully complies with the requirements ofSection 13(a) or 15(d) of the Securities Exchange Act of 1934, and

 

2.The information contained in this Report fairly presents, in all materialrespects, the financial condition and results of operations of the Company.

 

 

Date:March 31, 2006

 
| By                                             | /s/ ROBERT M. ALDERMAN |   |
|------------------------------------------------|------------------------|--------|
| Robert M. Alderman                             |
| Chief Executive Officer, President and Manager |
| (Principal Executive Officer)                  |

 

----
109 STAT. 294 PUBLIC LAW 104–35—OCT. 12, 1995

LEGISLATIVE HISTORY—H.R. 2288:

HOUSE REPORTS: No. 104–250 (Comm. on Ways and Means).

CONGRESSIONAL RECORD, Vol. 141 (1995):

Sept. 27, considered and passed House.

Sept. 29, considered and passed Senate.

Æ

Public Law 104–35

104th Congress

An Act

To amend part D of title IV of the Social Security Act to extend for 2 years

the deadline by which States are required to have in effect an automated data

processing and information retrieval system for use in the administration of

State plans for child and spousal support.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. 2-YEAR EXTENSION OF AUTOMATION DEADLINE.

(a) IN GENERAL.—Section 454(24) of the Social Security Act

(42 U.S.C. 654(24)) is amended by striking ‘‘1995’’ and inserting

‘‘1997’’.

(b) TECHNICAL AMENDMENTS RELATED TO THE REPEAL OF FEDERAL FUNDING.—Section 452 of such Act (42 U.S.C. 652) is amended in each of subsections (d)(1)(B), (d)(2)(A), (d)(2)(B), and (e),

by striking ‘‘455(a)(1)(B)’’ and inserting ‘‘454(16)’’.

Approved October 12, 1995.

Oct. 12, 1995

[H.R. 2288]
No. 00-7042.

#### Hayes *v.*Mountain Comprehensive Care Center et al.

C. A. 6th Cir. Certiorari denied.
NATHAN D. COLEMAN,

Petitioner,

v.

STATE OF FLORIDA,

Respondent.

___________________________/

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D16-2214

Opinion filed August 16, 2016.

Petition for Writ of Mandamus -- Original Jurisdiction.

Nathan D. Coleman, pro se, Petitioner.

Pamela Jo Bondi, Attorney General, and Trisha Meggs Pate, Tallahassee Bureau 

Chief, Criminal Appeals, Tallahassee, for Respondent.

PER CURIAM.

The petition for writ of mandamus is denied. See Munn v. Fla. Parole Comm’n, 

807 So. 2d 733 (Fla. 1st DCA 2002). We encourage the circuit court to continue its 

efforts to expeditiously dispose of the motion pending below.

LEWIS, WETHERELL, and RAY, JJ., CONCUR.