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

FOR THE DISTRICT OF COLUMBIA

_________________________________________ )

EDWARD FEW, )

)

Plaintiff, )

)

v. ) Case No. 19

- cv

- 1669 (APM)

)

LABORERS DISTRICT CO UNCIL PENSION )

& DISABILITY TRUST FUND NO. 2 )

)

Defendants. )

_________________________________________ )

MEMORANDUM OPINION

Pro Se Plaintiff Edward Few’s Complaint, filed against Defendant Laborers District

Council Pension & Disabil ity Trust Fund No. 2, tersely makes the following allegation:

“Not being paid the right amount of money for my time that I worked. I work[ed] 15 yrs. They

are only paying me for one year worth of work. For my pension, I did not quit. I got hurt on the

job also.” Compl., ECF No. 1

- 2. Defendant moves to dismiss on the grounds that (1) Plaintiff

failed to exhaust administrative remedies available under the pension benefit plan and, (2) to the

extent Plaintiff asserts state law claims, they are preempted. See Def.’s Stmt. of P&A in Suppo rt

of Def.’s Mot. to Dismiss, ECF No. 7

- 1 [hereinafter Def.’s Mot.] , at 3

– 8 . Although the court

notified Plaintiff of the motion’s filing, see Order, ECF No. 9, Plaintiff did not file a response.

Notwithstanding Plaintiff’s silence

, the court evaluates Defendant’s motion on its merits.

See Cohen v. Bd. of Trustees of the Univ. of the D.C. , 819 F.3d 476, 481

– 82 (D.C. Cir. 2016)

The court construes Plaintiff’s claim as one for unpaid pension benefits arising under the

Employee Retirement Income Security Act of 1974 (“ERISA”). That claim, however, must be

dismissed for failure to exhaust remedies. “ It is well established that, barring exceptional2 circumstances, plaintiffs seeking a determination pursu ant to ERISA of rights under their pension

plans ‘ must

. . . exhaust available administrative remedies under their ERISA

- governed plans

before they may bring suit in federal court. ’” Commc’ns Workers of Am. v. Am. Tel. & Tel. Co.

,

40 F.3d 426, 431 (D.C. C ir. 1994) (quoting Springer v. Wal

–

Mart Assocs. Group Health Plan , 908

F.2d 897, 899 (11th Cir.1990) ). Here, Defendant has come forward with evidence that the F und

tendered a check to Plaintiff in January 2005 in the amount of $2,208 for benefits payments

retroactive to June 1, 2001. See Def.’s Mot., Decl. of Renee Parenti, ECF No. 7

- 2, ¶ 5 ; Def.’s

Mot., Ex. C , ECF No. 7

- 2 at 112

– 13 . Plaintiff did not, however, dispute the amount of that benefit

payment per the procedures set forth in the Pension Fund Pl an document. Decl. of Renee Parenti,

ECF No. 7

- 2, ¶¶ 6

– 9. Accordingly, Plaintiff’s claim under ERISA must be dismissed for failure

to exhaust.

For the foregoing reasons, Defendant’s Motion to Dismiss , ECF No. 7, is granted.

A separate final order accompanies this Memorandum Opinion.

Dated: September 3 , 2019 Amit P. Mehta

United States District Court Judge
IN THE

TENTH COURT OF APPEALS

No. 10-14-00192-CR

TYRONE CALVIN SMITH, III,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the 361st District Court

Brazos County, Texas

Trial Court No. 13-01748-CRF-361

ORDER

The State’s Motion for Extension of Time to File State’s brief was filed on 

September 14, 2015. The motion is DENIED. The State is ORDERED to file its brief on 

or before October 29, 2015.

PER CURIAM

Before Chief Justice Gray,

Justice Davis, and

Justice Scoggins

Motion denied

Order issued and filed September 24, 2015
Exhibit 32.1 

 

CERTIFICATION PURSUANT TO 

18 U.S.C. SECTION 1350

 

In connection with the Quarterly Report of Pharmacyclics,Inc., a Delaware corporation (the "Company"), on Form 10-Q for thequarter ended December 31, 2007 as filed with the Securities and ExchangeCommission (the "Report"), I, Richard A. Miller, M.D., President andChief Executive Officer of the Company, certify, pursuant to   906 of theSarbanes-Oxley Act of 2002 (18 U.S.C.   1350), that to my knowledge: 

(1) The 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 the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.
 

/S/    RICHARD A. MILLER, M.D.

Richard A. Miller, M.D. 

President and Chief Executive Officer 

January 31, 2008

 

 
**CERTIFICATION PURSUANT TO 

 18 U.S.C. SECTION 1350**
 

In connection with the Quarterly Report of Pharmacyclics,Inc, a Delaware corporation (the "Company"), on Form 10-Q for thequarter ended December 31, 2007 as filed with the Securities and ExchangeCommission (the "Report"), I, Leiv Lea, Vice President, Finance andAdministration and Chief Financial Officer and Secretary of the Company,certify, pursuant to   906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.   1350),that to my knowledge: 

(1) The 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 the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.
 

/S/   LEIV LEA	 

Leiv Lea 

Vice President, Finance and Administration
<TABLE> <S> <C>

<ARTICLE>   5
<LEGEND>
    THE SCHEDULE  CONTAINS  SUMMARY  FINANCIAL  INFORMATION  EXTRACTED  FROM THE
    CONSOLIDATED   FINANCIAL  STATEMENTS  OF  DOUGHTIE'S  FOODS,  INC.  AND  ITS
    SUBSIDIARIES  FOR THE YEAR ENDED  DECEMBER  28, 1996 AND IS QUALIFIED IN ITS
    ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER>  1,000
       
<S>                                            <C>
<PERIOD-TYPE>                                  12-MOS
<FISCAL-YEAR-END>                              DEC-28-1996
<PERIOD-START>                                 DEC-31-1995
<PERIOD-END>                                   DEC-28-1996
<CASH>                                                 373
<SECURITIES>                                             0
<RECEIVABLES>                                        7,266
<ALLOWANCES>                                           341
<INVENTORY>                                          4,498
<CURRENT-ASSETS>                                    12,272
<PP&E>                                               9,616
<DEPRECIATION>                                       6,048
<TOTAL-ASSETS>                                      15,932
<CURRENT-LIABILITIES>                                2,812
<BONDS>                                              5,065
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                               998
<OTHER-SE>                                           7,056
<TOTAL-LIABILITY-AND-EQUITY>                        15,932
<SALES>                                             80,633
<TOTAL-REVENUES>                                    80,633
<CGS>                                               67,481
<TOTAL-COSTS>                                       79,438
<OTHER-EXPENSES>                                         0
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                     469
<INCOME-PRETAX>                                        726
<INCOME-TAX>                                          (202)
<INCOME-CONTINUING>                                    928
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                           928
<EPS-PRIMARY>                                         0.93
<EPS-DILUTED>                                         0.93

        

</TABLE>
Exhibit 32.1

Certification Pursuant to

U.S.C. Section 1350,

Section 906 of the Sarbanes-Oxley Act of 2002

In connection with the Annual Report of Devcon
International Corp. (the Company) on Form 10-K for the period ending December 31, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Richard Rochon, Chief Executive Officer of
the Company, certify, pursuant to 18 U.S.C. Section 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; 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: April 17, 2007



|                              
|------------------------------
|/s/ Richard Rochon            
|Richard Rochon                
|Acting Chief Executive Officer
|(Principal Executive Officer)
EXHIBIT 32.2





CERTIFICATION OF CHIEF FINANCIAL OFFICER





PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)





In connection with the Quarterly Report on Form 10-Q for the period ended June 30, 2018 (the “Report”) of New Mountain Finance Corporation (the “Registrant”), as filed with the United States Securities and Exchange Commission on the date hereof, I, Shiraz Y. Kajee, the Chief Financial Officer of the Registrant, hereby certify, to the best of my knowledge, 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 Registrant.




/s/ SHIRAZ Y. KAJEEName:Shiraz Y. KajeeDate:August 7, 2018
**EXHIBIT 32.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

 

**PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)**

 

In connection with the Quarterly Report on Form 10-Q for the period ended June 30, 2015 (the “Report”) of New Mountain Finance Corporation (the “Registrant”), as filed with the United States Securities and Exchange Commission on the date hereof, I, Robert A. Hamwee, the Chief Executive Officer of the Registrant, hereby certify, to the best of my knowledge, 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 Registrant.

 
| /s/   ROBERT A. HAMWEE |                  |
|------------------------|-----------------------|
|                   |                  |
| Name:                  | Robert   A. Hamwee    |   |
| Date:                  | August 5,   2015 |   |

 

----
<PAGE>

                                                                    Exhibit 23.2


                          INDEPENDENT AUDITORS' CONSENT



The Board of Directors
The Somerset Group, Inc.:


We consent to the use of our report included herein and to the reference to
our firm under the heading "Experts" in the proxy statement and prospectus.

/s/ KPMG LLP

Indianapolis, Indiana
August 17, 2000
**EXHIBIT 32.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

 

**PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)**

 

In connection with the Quarterly Report on Form 10-Q for the period ended June 30, 2011 (the “Report”) of New Mountain Finance Corporation (the “Registrant”), as filed with the Securities and Exchange Commission on the date hereof, I, Robert A. Hamwee, the Chief Executive Officer of the Registrant, hereby certify, to the best of my knowledge, 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 Registrant.

 
|      | /s/ Robert A. Hamwee     |
|-----------|--------------------------|
| **Name:** | **Robert A. Hamwee**     |
| **Date:** | **August 11, 2011** |

 

----
```

[Federal Register Volume 83, Number 164 (Thursday, August 23, 2018)]
[Notices]
[Page 42754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18176]

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

DEPARTMENT OF STATE

[Public Notice: 10517]

Notice of Determinations; Culturally Significant Objects Imported 
for Exhibition--Determinations: ``Everything Is Connected: Art and 
Conspiracy'' Exhibition

SUMMARY: Notice is hereby given of the following determinations: I 
hereby determine that certain objects to be included in the exhibition 
``Everything Is Connected: Art and Conspiracy,'' 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 Metropolitan Museum of Art, 
New York, New York, from on or about September 18, 2018, until on or 
about January 6, 2019, and at possible additional exhibitions or venues 
yet to be determined, is in the national interest. I have ordered that 
Public Notice of these determinations be published in the Federal 
Register.

FOR FURTHER INFORMATION CONTACT: Elliot Chiu, Attorney-Adviser, Office 
of the Legal Adviser, U.S. Department of State (telephone: 202-632-
6471; email: [email protected]). The mailing address is U.S. 
Department of State, L/PD, SA-5, Suite 5H03, Washington, DC 20522-0505.

SUPPLEMENTARY INFORMATION: The foregoing determinations were made 
pursuant to the authority vested in me by the Act of October 19, 1965 
(79 Stat. 985; 22 U.S.C. 2459), E.O. 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.

Marie Therese Porter Royce,
Assistant Secretary for Educational and Cultural Affairs, Department of 
State.
[FR Doc. 2018-18176 Filed 8-22-18; 8:45 am]
 BILLING CODE 4710-05-P
```
#### UNITED SERVICES AUTOMOBILE ASSOCIATION, Appellant, v. Jose S. PORRAS, Appellee.

No. 67-14.

District Court of Appeal of Florida. Third District.

March 14, 1967.

*188Dean, Adams, George & Wood and Tom Schulte, Jeanne Heyward, Miami, for appellant

Bassett & Ferrara, Ligman, Shepherd, Matthews & Nettlow, Miami, for appellee.

Before CARROLL, BARKDULL and SWANN, JJ.

PER CURIAM.

This interlocutory appeal is by the plain- ‘ tiff from an order denying its motion for summary decree. Plaintiff issued to defendant, in New York State, and automobile liability indemnity insurance policy which included uninsured motorist coverage. The insured was involved in an automobile collision with an uninsured motorist in Dade County, Florida, and sought recovery by arbitration. The insurer filed a suit in chancery against the insured in Dade County to enjoin the arbitration and for a decree declaring the uninsured motorist coverage, as provided for in the policy and an endorsement thereon, was not applicable outside the State of New York.

The record, briefs and argument having been considered, we conclude that on the pleadings and the documentary and other evidence which was before the trial court on the hearing on motion for summary decree, the chancellor did not commit reversible error by denying the motion and refusing to decide and conclude the cause at that stage.

Affirmed.
##### 



Exhibit 31.1
 Certification Required by Rule 13a-14(a)
or Rule 15d-14(a)
  1.
    
    I have reviewed this annual report on Form 10-K of Dominion Resources Black Warrior Trust,
for which Bank of America, N.A., acts as Trustee;2.
    
    Based on my knowledge, this annual 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 annual report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this annual report, fairly present in all material respects the financial condition,
distributable income and changes in trust corpus of the registrant as of, and for, the periods
presented in this annual report;4.
    
    I am responsible for establishing and maintaining disclosure controls and procedures (as
defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial
reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)), or for causing such
controls and procedures to be established and maintained, for the registrant and I have:
     5.
    
    I have disclosed, based on my most recent evaluation of internal control over financial
reporting, to the registrants auditors:




---



##### 



By:
    
    /s/ Ron E. HooperRon E. HooperSenior Vice President and AdministratorBank of America, N.A.
# CA2014048EN.01000101.xml

| 20.2.2014 | EN | Official Journal of the European Union | CA 48/1 |
| --- | --- | --- | --- |

20.2.2014

EN

Official Journal of the European Union

CA 48/1

---

Corrigendum to notice of open competitions — EPSO/AD/252/13 (AD 9) and EPSO/AD/253/13 (AD 12)

(
  Official Journal of the European Union C 118 A of 25 April 2013
  )

(
  Official Journal of the European Union C 118 A of 25 April 2013

(2014/C 48 A/01)

On page 7, in Section VI. ASSESSMENT CENTRE AND TESTS:

for:

| .......
  For organisational reasons, the assessment centre tests and the oral test will be held in Brussels, normally on consecutive days. |
| --- |
| 1. | Assessment centre |

.......

For organisational reasons, the assessment centre tests and the oral test will be held in Brussels, normally on consecutive days.

1.

.............

The tests will include:

| — | a written exercise in which you will be asked to deal with various documents, |
| --- | --- |

—

a written exercise in which you will be asked to deal with various documents,

| — | an exercise to assess your management skills, |
| --- | --- |

—

an exercise to assess your management skills,

| — | an interview with a human resources expert to assess your skills profile. |
| --- | --- |

—

an interview with a human resources expert to assess your skills profile.

...................

| 2. | Oral test |
| --- | --- |

2.

The day following the assessment centre tests, you will be invited to an interview with the selection board (in language 2) to enable it to complete its assessment of:

...........

read:

| ............
  For organisational reasons, the assessment centre tests and the oral test will be held in Brussels, normally on two non-consecutive days. |
| --- |
| 1. | Assessment centre |

............

For organisational reasons, the assessment centre tests and the oral test will be held in Brussels, normally on two non-consecutive days.

1.

................

The tests will include:

| — | a case study (presentation with questions and answers), |
| --- | --- |

—

a case study (presentation with questions and answers),

| — | an exercise to assess your management skills, |
| --- | --- |

—

an exercise to assess your management skills,

| — | an interview with a human resources expert to assess your skills profile, |
| --- | --- |

—

an interview with a human resources expert to assess your skills profile,

| — | a questionnaire to assess your personality, |
| --- | --- |

—

a questionnaire to assess your personality,

| — | reasoning tests. |
| --- | --- |

—

reasoning tests.

..................

| 2. | Oral test |
| --- | --- |

2.

At a later date you will be invited to an interview with the selection board (in your language 2) to enable it to complete its assessment of:

...............

---
# C_2016346EN.01011001.xml

| 21.9.2016 | EN | Official Journal of the European Union | C 346/110 |
| --- | --- | --- | --- |

21.9.2016

EN

Official Journal of the European Union

C 346/110

---

P8_TA(2015)0096

Scrutiny of the declarations of financial interests of Commissioners-designate (interpretation of paragraph 1(a) of Annex XVI to the Rules of Procedure)

European Parliament decision of 28 April 2015 concerning the scrutiny of the declarations of financial interests of Commissioners-designate (interpretation of paragraph 1(a) of Annex XVI to the Rules of Procedure) (2015/2047(REG))

(2016/C 346/19)

The European Parliament,

The European Parliament,

| — | having regard to the letter of 9 April 2015 from the Chair of the Committee on Constitutional Affairs, |
| --- | --- |

—

having regard to the letter of 9 April 2015 from the Chair of the Committee on Constitutional Affairs,

| — | having regard to Rule 226 of its Rules of Procedure, |
| --- | --- |

—

having regard to Rule 226 of its Rules of Procedure,

| 1. | Decides to append the following interpretation to paragraph 1(a) of Annex XVI to the Rules of Procedure:
  ‘Scrutiny of the declaration of financial interests of a Commissioner-designate by the committee responsible for legal affairs consists not only in verifying that the declaration has been duly completed but also in assessing whether a conflict of interests may be inferred from the content of the declaration. It is then for the committee responsible for the hearing to decide whether or not it requires further information from the Commissioner-designate.’ |
| --- | --- |

1.

Decides to append the following interpretation to paragraph 1(a) of Annex XVI to the Rules of Procedure:

‘Scrutiny of the declaration of financial interests of a Commissioner-designate by the committee responsible for legal affairs consists not only in verifying that the declaration has been duly completed but also in assessing whether a conflict of interests may be inferred from the content of the declaration. It is then for the committee responsible for the hearing to decide whether or not it requires further information from the Commissioner-designate.’

| 2. | Instructs its President to forward this decision to the Council and the Commission, for information. |
| --- | --- |

2.

Instructs its President to forward this decision to the Council and the Commission, for information.

---