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

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

JEFFREY LOWER, 

Plaintiff, Case No.: 3:17-cv-412

 

vs.

 

COMMISSIONER OF SOCIAL SECURITY, Magistrate Judge Michael J. Newman

(consent case)

Defendant.

ORDER: (1) APPROVING THE PARTIES’ JOINT STIPULATION FOR AN AWARD 

OF ATTORNEY’S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT (“EAJA”)

(DOC. 21); AND (2) AWARDING PLAINTIFF $4,500.00 IN EAJA FEES

This Social Security disability benefits appeal is before the Court on the parties’ joint 

stipulation in which they agree that Plaintiff should be awarded attorney’s fees under the Equal 

Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, in the amount of $4,500.00. Doc. 21. Based 

upon the parties’ stipulation in which they present no dispute that all requirements are met for the 

reasonable award of EAJA fees, the Court: (1) APPROVES the parties’ joint stipulation (doc. 21); 

and (2) GRANTS Plaintiff EAJA fees in the amount of $4,500.00. As no further matters remain 

pending for review, this case remains TERMINATED upon the Court’s docket.

IT IS SO ORDERED.

Date: May 16, 2019 s/ Michael J. Newman

Michael J. Newman

United States Magistrate Judge
22143

#### The STATE, Respondent, v. Harry E. BODIFORD, Appellant.

(318 S. E. (2d) 567)

Supreme Court

*Alexander S. Macaulay*of *Miley, Macaulay, Day & Agnew,*Walhalla, *for appellant*

*Atty. Gen. T. Travis Medlock, Asst. Atty. Gen. Harold M.*
      *379
      *Coombs, Jr.,*and *State Attys. Agnes Dale Moore*and *Susan A. Lake*and *Sol. James C. Anders,*Columbia, *for respondent.*

Submitted April 25, 1984.

Decided July 18, 1984.

*Per Curiam:*

Appellant was involved in a motorcycle accident resulting in the death of his passenger. He was charged with driving under the influence and was subsequently indicted for reckless homicide and involuntary manslaughter. He appeals the denial of his motion to quash the indictment. We affirm.

Appellant argues the circuit court was without subject matter jurisdiction because the offenses for which he was indicted were repealed by implication upon enactment of S. C. Code Ann. § 56-5-2945 (Supp. 1983). Section 56-5-2945 provides a penalty for inflicting injury or death while driving under the influence of drugs or alcohol.

Appellant’s argument is without merit. Section 56-5-2945 does not expressly repeal the existing offenses of involuntary manslaughter and reckless homicide. Repeal by implication is not favored and will not be applied if there is any other reasonable construction of the statute. *Strickland v. State,*276 S. C. 17, 274 S. E. (2d) 430 (1981); *In Re Shaw,*274 S. C. 534, 265 S. E. (2d) 522 (1980). Section 56-5-2945 specifies driving under the influence as an element. Because this element is not required for involuntary manslaughter or reckless homicide, the new statute clearly creates a distinct offense. This construction indicates repeal by implication was not intended.

Accordingly, the judgment below is affirmed.
EX-10.10



 Exhibit 10.10 

This Amendment No. 3 (the “Amendment”) to the Igloo Holdings Corporation 2010 Stock Incentive Plan, as amended (the
“Plan”), is made effective as of this 5th day of September 2013. 
 WHEREAS, Igloo Holdings Corporation (the
“Company”) maintains the Plan; and 
 WHEREAS, pursuant to Section 17 of the Plan, the Plan may be amended by the
Company’s Board of Directors (the “Board”); and 
 WHEREAS, the Board believes it to be in the best interests of the
Company to amend the Plan to increase the number of shares that may be issued to participants in the Plan in connection with awards granted thereunder. 

NOW, THEREFORE, the Plan is hereby amended by striking the number “135,396,876” from the first sentence of Section 4(a) of the
Plan and replacing it with the number “160,396,876”. 
 Except as modified by this Amendment, all of the terms and conditions of
the Plan shall remain valid and in full force and effect. 
 [Remainder of page intentionally left blank.] 







 IN WITNESS WHEREOF, the undersigned, a duly authorized officer of the Company, has executed this
instrument as of the 5th day of September 2013, on behalf of the Board. 
  

			
	IGLOO HOLDINGS CORPORATION
		
	By:	 	 /s/ Vincent A. Chippari

	Name:	 	Vincent A. Chippari
	Title:	 	Co-Secretary and Treasurer


 [Signature Page to Amendment 3 to Stock Incentive Plan]
Exhibit 32.1

CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER 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 Annual Report of Kensey Nash Corporation (the Company) on Form 10-K for the fiscal year ended June 30, 2010, as
filed with the Securities and Exchange Commission on the date hereof (the Report), I, Joseph W. Kaufmann, 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) 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:     September 10, 2010 |  | By: |  | /s/ JOSEPH W. KAUFMANN  |  | 
|                             |  |     |  | Joseph W. Kaufmann      |  | 
|                             |  |     |  | Chief Executive Officer |  |
#### Mary W. Barrett, as Administratrix of the Estate of Joseph L. Barrett, Deceased, Claimant, v State of New York, Defendant.*

(Claim No. 75933.)

Court of Claims,

February 16, 1988

APPEARANCES OF COUNSEL

*Robert Abrams, Attorney-General (Vincent P. Mitrano*of counsel), for defendant. *David Lee Foster*for claimant.

*

 The court has *sua sponte*corrected the caption to reflect the only proper defendant, the State of New York.

OPINION OF THE COURT

Donald J. Corbett, Jr., J

The State moves to dismiss the claim herein for lack of subject matter jurisdiction (CPLR 3211 [a] [2]).

This is a wrongful death action arising out of a boating accident which occurred on Seneca Lake on June 13, 1987. Claimant alleges that the decedent was driving his boat and that it struck the unlighted "Lighthouse Pier” on Seneca Lake. Claimant makes numerous allegations of negligent conduct by the State of New York, including the failure to warn of dangerous conditions and the failure to maintain the lighting, all of which led to the unfortunate fatal accident here.

The State’s motion to dismiss is grounded simply on Canal

*43Law § 120, which provides in pertinent part that the State is not liable for "claims arising from damages resulting from the navigation of canals”. It is not disputed that Seneca Lake is considered part of the canal system of the State of New York. Claimant attempts to circumvent the rather broad stroke of Canal Law § 120 by distinguishing between navigation and affirmative negligence. In other words says claimant, the damages arose directly from the defendant’s negligence and not from "navigation”. While claimant valiantly seeks to sustain a cause of action for the tragic death of decedent herein, nothing before me suggests that the circumstances' herein fall outside the parameters of the clear and unequivocal partial preservation of the State’s immunity for damages resulting from the navigation of canals *(Locke v State of New York,*140. NY 480; *Penn No. 5 v State of New York,*205 Misc 18, 20). "Evidently, according to the logic of the *Locke*case, the intention of the statute was to provide that parties while using the canal for their own benefit should take the risks of navigation without reference to whether they were caused or affected by the negligence of the State officers.” *(Zorn v State of New York,*45 App Div 163, 165; *Penn No. 5 v State of New York, supra,*at 20.)

Thus, it is clear: the decedent was engaging in navigation on Seneca Lake, a part of the canal system of the State of New York, and the State has not waived its sovereign immunity as to claims arising from the navigation thereof (Canal Law § 120). I have considered claimant’s other arguments, including alleged violation of 33 USC § 727, and find them unpersuasive.

Accordingly, despite the court’s great sympathy for the tragic death herein, I am without jurisdiction to consider the claim, and therefore the State’s motion to dismiss the claim herein is granted.
EXHIBIT 32.2
------------

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

In  connection  with the Quarterly  Report on Form 10-QSB  Reliant Home Warranty
Corporation (the Company) for the quarter ended March 31, 2006 as filed with the
Securities and Exchange  Commission on the date hereof (the Report),  I, L. Paul
Burden,  Chief Financial Officer of the Company,  herby certify,  pursuant to 18
U.S.C.  ss. 1350, as adopted  pursuant to ss. 906 of the  Sarbanes-Oxley  Act of
2002, to the best of his/her knowledge, 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 result of operations of the
     Company.

By: /s/ Steve Hamilton
-------------------------------------
Steve Hamilton
Chief Financial Officer

May 15, 2006

This  certification   accompanies  this  Report  pursuant  to  ss.  906  of  the
Sarbanes-Oxley  Act of 2002 and shall not,  except to the extent required by the
Sarbanes-Oxley  Act of 2002,  be deemed filed by the Company for purposes of ss.
18 of the Securities Exchange Act of 1934, as amended.
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER PURSUANT TO

18 U.S.C. SECTION 1350

In connection with the Annual Report of Zoran Corporation (the Company) on Form 10-K for the year ended December 31, 2008, as filed
with the Securities and Exchange Commission on the date hereof (the Report), I, Levy Gerzberg, President and Chief Executive Officer of the Company, hereby 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) 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

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.



|                         |  |  |  |  |  |                                      
|------------------------ |  |  |  |  |  | -------------------------------------
|                         |  |  |  |  |  | /s/    LEVY GERZBERG                 
|                         |  |  |  |  |  | Levy Gerzberg                        
|Dated: February 26, 2009 |  |  |  |  |  | President and Chief Executive Officer
Case 1:00-cr-00090-SSB Document 97 Filed 04/07/2006 Page 1 of 1
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4387 Engrossed in House (EH)]

111th CONGRESS
  2d Session
                                H. R. 4387

_______________________________________________________________________

                                 AN ACT

 
 To designate the Federal building located at 100 North Palafox Street 
  in Pensacola, Florida, as the ``Winston E. Arnow Federal Building''.

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

SECTION 1. DESIGNATION.

    The Federal building located at 100 North Palafox Street in 
Pensacola, Florida, shall be known and designated as the ``Winston E. 
Arnow Federal Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the Federal building referred to in 
section 1 shall be deemed to be a reference to the ``Winston E. Arnow 
Federal Building''.

            Passed the House of Representatives September 28, 2010.

            Attest:

                                                                 Clerk.
111th CONGRESS

  2d Session

                               H. R. 4387

_______________________________________________________________________

                                 AN ACT

 To designate the Federal building located at 100 North Palafox Street 
  in Pensacola, Florida, as the ``Winston E. Arnow Federal Building''.
```
#### People v Milton,

No. 90705.

Reported below: 186 Mich App 574.

In lieu of granting leave to appeal, the case is remanded to the Court of Appeals to address the issue raised by the defendant in his supplemental brief which the Court of Appeals accepted on July 24, 1990. MCR 7.302(F)(1). In all other respects leave to appeal is denied. Jurisdiction is not retained.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0001003130
<NAME> LCA-VISION INC.
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                              JAN-1-1996
<PERIOD-END>                               MAR-31-1996
<CASH>                                           1,045
<SECURITIES>                                         0
<RECEIVABLES>                                    2,445
<ALLOWANCES>                                       205
<INVENTORY>                                        664
<CURRENT-ASSETS>                                 5,598
<PP&E>                                          11,053
<DEPRECIATION>                                   2,192
<TOTAL-ASSETS>                                  15,779
<CURRENT-LIABILITIES>                            3,747
<BONDS>                                          9,927
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            78
<OTHER-SE>                                       2,027
<TOTAL-LIABILITY-AND-EQUITY>                    15,779
<SALES>                                             11
<TOTAL-REVENUES>                                 3,686
<CGS>                                               57
<TOTAL-COSTS>                                    1,743
<OTHER-EXPENSES>                                 2,232
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 164
<INCOME-PRETAX>                                  (494)
<INCOME-TAX>                                        30
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (524)
<EPS-PRIMARY>                                   (0.01)
<EPS-DILUTED>                                   (0.01)


</TABLE>
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 Quintek  Technologies,  Inc.
on Form  10-QSB  for the  period  ending  December  31,  2003 as filed  with the
Securities and Exchange  Commission on the date hereof, I, Robert Steele,  Chief
Executive  Officer of the Company,  certify,  pursuant to 18 U.S.C. ss. 1350, as
adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:

         1. The Report 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 result of  operations of the
Company.

Date:  February 19, 2004

/S/    ROBERT STEELE
-------------------------------
       Robert Steele
       Chief Executive Officer
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1

<S>                                     <C>
<PERIOD-TYPE>                           3-MOS
<FISCAL-YEAR-END>                       DEC-31-2000
<PERIOD-START>                          JUL-01-1999
<PERIOD-END>                            SEP-30-2000
<CASH>                                           0
<SECURITIES>                                     0
<RECEIVABLES>                                    0
<ALLOWANCES>                                     0
<INVENTORY>                                      0
<CURRENT-ASSETS>                             6,970
<PP&E>                                           0
<DEPRECIATION>                               1,096
<TOTAL-ASSETS>                               5,874
<CURRENT-LIABILITIES>                            0
<BONDS>                                          0
<PREFERRED-MANDATORY>                            0
<PREFERRED>                                      0
<COMMON>                                     1,000
<OTHER-SE>                                   4,874
<TOTAL-LIABILITY-AND-EQUITY>                 5,874
<SALES>                                          0
<TOTAL-REVENUES>                                 0
<CGS>                                            0
<TOTAL-COSTS>                                    0
<OTHER-EXPENSES>                             1,096
<LOSS-PROVISION>                                 0
<INTEREST-EXPENSE>                               0
<INCOME-PRETAX>                             (1,096)
<INCOME-TAX>                                     0
<INCOME-CONTINUING>                              0
<DISCONTINUED>                                   0
<EXTRAORDINARY>                                  0
<CHANGES>                                        0
<NET-INCOME>                                (1,096)
<EPS-BASIC>                                (.002)
<EPS-DILUTED>                                (.002)


</TABLE>
EXHIBIT B
COURT OF COMMON PLEAS

HAMILTON COUNTY, OHIO

ALYSSA PORTNOY and DARLENE 

PORTNOY,

Plaintiffs,

v.

NATIONAL CREDIT SYSTEMS, INC. and 

WILLIAMSBURG OF CINCINNATI,

Defendants.

Case No. A 1705830

NOTICE OF REMOVAL TO FEDERAL COURT

PLEASE TAKE NOTICE that Defendant National Credit Systems, Inc. (“NCS”) has on 

this day filed a Notice for Removal of the above-entitled matter with the United States District 

Court for the Southern District of Ohio (a copy of which is attached hereto). 

Pursuant to 28 U.S.C. § 1446 (b), all future proceedings in the Court of Common Pleas in 

Hamilton County, Ohio are hereby stayed unless or until this action is remanded.

Date: December 13, 2017

Respectfully submitted, 

/s/ Steven Sorg

BROCK & SCOTT, PLLC

6725 Miami Avenue, Suite 100

Cincinnati, OH 45243

(336) 354-1200

Steven.Sorg@brockandscott.com
CERTIFICATE OF SERVICE

I hereby certify that on December 13, 2017, a copy of the foregoing Notice of Removal 

was served upon the following via Hamilton County Electronic Filing System:

Court of Common Pleas, Hamilton County Ohio

Civil Clerk

Aftab Pureval

1000 Main Street, Room 315

Cincinnati, OH 45202

Michael D. Portnoy

1070 Commerce Dr., Ste. 205

Perrysburg, OH 43551

Attorney for Plaintiffs

David D. Donnett

1212 Sycamore Street, Ste. 31-33

Cincinnati, OH 45202

Attorney for Williamsburg of Cincinnati 

/s/ Steven Sorg

Steven Sorg

BROCK & SCOTT, PLLC
[Federal Register Volume 87, Number 9 (Thursday, January 13, 2022)]
[Notices]
[Page 2170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00482]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of General Medical Sciences; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended, notice is hereby given of the following meeting.
    The meeting will be closed to the public in accordance with the 
provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of General Medical 
Sciences Special Emphasis Panel; Review of the Centers of Biomedical 
Research Excellence (COBRE) Phase 2 Applications.
    Date: February 24-25, 2022.
    Time: 10:00 a.m. to 6:00 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, Natcher Building, 45 
Center Drive, Bethesda, MD 20892 (Video Meeting).
    Contact Person: Sonia Ortiz-Miranda, Ph.D., Scientific Review 
Officer, Office of Scientific Review, National Institute of General 
Medical Sciences, National Institutes of Health, 45 Center Drive, 
Room 3AN18, Bethesda, MD 20892, (301) 402-9448, <a href="/cdn-cgi/l/email-protection#265549484f47084954524f5c0b4b4f544748424766484f4e08414950"><span class="__cf_email__" data-cfemail="8af9e5e4e3eba4e5f8fee3f0a7e7e3f8ebe4eeebcae4e3e2a4ede5fc">[email protected]</span></a>.

(Catalogue of Federal Domestic Assistance Program Nos. 93.859, 
Pharmacology, Physiology, and Biological Chemistry Research; 93.859, 
Biomedical Research and Research Training, National Institutes of 
Health, HHS)

    Dated: January 7, 2022.
Miguelina Perez,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2022-00482 Filed 1-12-22; 8:45 am]
BILLING CODE 4140-01-P


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CERTIFICATION PURSUANT TO SECTION 06 OF THE SABANES-OXLEY ACT OF 2002
                    (SUBSECTION (a) AND (b) OF SECTION 1350,
                  CHAPTER 63 OF TITLE 18, UNITED STATES CODE)


Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, subsections (a) and
(b) of Section 1350 , chapter 63 of Title 18, United States Code), each of the
undersigned officers of Subjex Corporation, a Minnesota corporation (the
"Company"), does certify with respect to the Quarterly Report of the Company on
Form 10-QSB for the three months ended March 31, 2004 as filed with the
Securities and Exchange Commission (the "10-QSB Report") that: (1) the 10-QSB
Report fully complies with the requirements of Section 13(a) and 15(d) of the
Securities Exchange Act of 1934; and (2) the information contained in the 10-QSB
Report fairly presents in all material respects, the financial condition and
results of the Company.


                                        By  /s/ Andrew Hyder

                                        Andrew Hyder, CEO (acting CFO)
                                        November 15, 2005