alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
|Exhibit 23


Independent Auditors Consent


The Board of DirectorsIMPATH Inc.:


We consent to the incorporation by
reference in the Registration Statements on Form S-3 (no.s 333-47903 333-45921 and
333-62563) and on Form S-8 (no.s 333-96867, 333-09469, 333-81816, 333-66596,
333-36454 and 333-47689) of IMPATH Inc. of our report dated February 28, 2003, except as
to the second paragraph of note 9 to the consolidated financial statements, which is as of March 31, 2003, with respect to the
consolidated balance sheets of IMPATH Inc. and subsidiaries as of December 31, 2002 and
2001 and the related consolidated statements of operations, stockholders equity and
cash flows for each of the years in the three-year period ended December 31, 2002, and the related
consolidated financial statement schedule which
report appears in the December 31, 2002,
 annual report on Form 10-K of IMPATH Inc.


Our report on the consolidated
financial statements refers to the Companys adoption of Statement of Financial
Accounting Standards No. 142 Goodwill and Other Intangible Assets effective
January 1, 2002 and Statement of Financial Accounting Standards No.
141, Business Combinations, effective July 1, 2001.
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

| | KPMG
LLP
| | --------

|Short Hills, New JerseyApril 15,
2003

10
|-----------------------------------------
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               MAR-31-1997
<CASH>                                       1,145,898
<SECURITIES>                                         0
<RECEIVABLES>                                    1,394
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,147,292
<PP&E>                                      61,100,449
<DEPRECIATION>                              20,612,158
<TOTAL-ASSETS>                              41,635,583
<CURRENT-LIABILITIES>                        1,147,292
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  40,488,291
<TOTAL-LIABILITY-AND-EQUITY>                41,635,583
<SALES>                                      3,114,590
<TOTAL-REVENUES>                             3,118,940
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                49,405
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              3,069,535
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          3,069,535
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,069,535
<EPS-PRIMARY>                                    0.512
<EPS-DILUTED>                                    0.512
        

</TABLE>
Exhibit 32.2
                            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 on Form 10-Q of Data Systems & Software
Inc.  (the  "Company")  for the three month period ended March 31, 2005 as filed
with the Securities and Exchange  Commission on the date hereof (the  "Report"),
I, Yacov  Kaufman,  Chief  Financial  Officer of the  Company,  hereby  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 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.

  /s/ YACOV KAUFMAN
Yacov Kaufman
Chief Financial Officer
May 11, 2005
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED June 22, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 04-20474 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus CRUZ MARTINEZ-CANTU, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 4:03-CR-454-1

-------------------- Before WIENER, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM: * Cruz Martinez-Cantu (Martinez) appeals his guilty-plea conviction and sentence for illegally reentering the United States after deportation. He argues for the first time on appeal that the sentencing provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional in light of Apprendi v. New Jersey , 530 U.S. 466 (2000). Martinez acknowledges that his argument is foreclosed by Almendarez-Torres v. United States , 523 U.S. 224 (1998), but he seeks to preserve the issue for Supreme CourtNo. 04-20474 -2- review. Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). Also for the first time on appeal, Martinez argues that the district court erred in imposing a sentence under a mandatory guideline scheme, in violation of United States v. Booker , 125 S. Ct. 738, 756-57 (2005). Because he did not raise this issue in the district court, this court reviews the argument for plain

error. See United States v. Valenzuela-Quevedo , 407 F.3d 728, 732-33 (5th Cir. 2005). Martinez makes no showing, as required by Valenzuela-Quevedo , that the district court would likely have sentenced him differently under an advisory sentencing scheme.
See id. at 733-34. Similarly, there is no indication from the court’s remarks at sentencing that the court would have imposed a sentence below the appropriate guideline range. Thus, Martinez has not met his burden to show that the district court’s imposition of a sentence under a mandatory guideline scheme was plain error. See id. ; see also United States v. Olano , 507 U.S. 725, 732-35 (1993). Accordingly, Martinez’s conviction and
sentence are AFFIRMED.
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

ALEX NORRIS,
Petitioner, : Case No. 3:18-cv-105

VS - District Judge Walter Herbert Rice
Magistrate Judge Michael R. Merz

JEFF NOBLE, Warden,
Madison Correctional Institution

Respondent.

ORDER FOR ENTRY OF JUDGMENT

This habeas corpus case under 28 U.S.C. § 2254 was brought pro se by Petitioner Alex
Norris on April 4, 2018 (ECF No. 3). On initial review under Habeas Rule 4, Magistrate Judge
Merz recommended the Petition be dismissed with prejudice and notified Norris of his right to
object within seventeen days of service (Report, ECF No. 4, PageID 43). Norris’s time to object
would therefore have expired April 23, 2018. Having received no objections within one week
after the deadline, the Court adopted the Report but did not enter judgment. The same afternoon
the Clerk received Petitioner’s request, postmarked April 26, 2018, to extend his time to object to
May 26, 2018 (ECF No. 6). After several additional filings, the Court rejected the Magistrate
Judge’s recommendation and granted Petitioner until July 18, 2018, to file objections on the merits
(ECF No. 11). That time has now expired and no objections have been filed.

It is accordingly ORDERED that the Clerk enter judgment on the April 30, 2018, Order,

dismissing this case with prejudice, denying Petitioner a certificate of appealability, certifying to


the Sixth Circuit that any appeal would be objectively frivolous and should not be permitted to

proceed in forma pauperis, and terminating this case on the docket of this Court.

July Qe 2018, Lh wa
>

Walter H. Rice
United States District Judge
r .. .-~ ..,. 

' i 

.:/ 

In The Matter Of: 

SERVED: March 25, 2016 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

Docket No. F AA-2015-0206 

NORTHEASTERN AVIATION 

CORPORATION 

) 

) 

) 

) 

) 

) 

Case No. 2011EA110045 

Respondent 

NOTICE OF HEARING LOCATION 

On April15, 2015 an Order Setting Litigation Dates and Procedures was filed, which 

noted that the location of the Hearing would be provided by separate Notice to the parties. 

PLEASE TAKE NOTICE that the He~ng in this case, set to begin on June 14,2016 at 

9:00 a.m., will be held at the following location: 

United States District Court 

Eastern District OfNew York 

Long Island Courthouse 

100 Federal Plaza 

Central Islip, New York 11722 

The Hearing begins at 9:00a.m. Eastern Standard Time. Please allow time to pass 

through security. Brief cases, purses, packages, and the like will be x-rayed. All individuals must 

present government issued identification to enter the courthouse. 

Attachment: Service List 

, • 'I· I . L' c .) :-
" J ....... 

Docket No. F AA-20 15-0206 

(Civil Penalty Action) 

SERVICE LIST- BY U.S. MAIL 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W1 0001 

Ms. Camille J. Castillo 

Complainant's Counsel 

Federal Aviation Administration 

Enforcement Division, Northeast Team 

1 Aviation Plaza 

Jamaica, NY 11434 

TEL: 718-553-3278 

FAX: 718-995-5699 

Mr. Edward J.Longosz, II 

Ms. Evelyn D. Sahr 

Respondent's Counsel 

ONE COPY 

Eckert, Seamans, Cherin, & Mellot, LLC 

1717 Pennsylvania Avenue, N.W., Suite 1200 

Washington, D.C. 20006 

TEL: 202-659-6619 I 202-659-6622 

FAX: 202-659-6699 

Judge J.E. Sullivan 

US. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Room E11-310) 

Washington, DC 20590 

TEL: 202-366-6941 

FAX: 202-366-7536 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building- Suite 2W1000, Washington, 

DC 20591 ; Attention: Hearing Docket Clerk, AGC-430.
III 

116TH CONGRESS 

2D SESSION S. RES. 694 

Recognizing 100 years of service by chief petty officers in the United States 

Coast Guard. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 15, 2020 

Mr. WICKER (for himself and Ms. CANTWELL) submitted the following resolution; which was referred to the Committee on Commerce, Science, and 

Transportation 

RESOLUTION 

Recognizing 100 years of service by chief petty officers in 

the United States Coast Guard. 

Whereas, on May 18, 1920— 

(1) Congress passed the Act of May 18, 1920 (41 

Stat. 601; chapter 190), which blended the enlisted personnel of the Life-Saving Service and the Revenue Cutter 

Service, the 2 precursors to the modern United States 

Coast Guard; and 

(2) the United States Coast Guard issued General 

Order 43, which amended article 817 of the United 

States Coast Guard Headquarters Regulations to establish the non-commissioned United States Coast Guard 

rank of chief petty officer; 


SSpencer on DSK126QN23PROD with BILLS
2 

•SRES 694 IS 

Whereas May 18, 2020, marked 100 years since the date of 

the establishment of the rank of chief petty officer in the 

United States Coast Guard; 

Whereas individuals who are selected to serve in the esteemed 

position of chief petty officer in the United States Coast 

Guard must possess the highest standards of professionalism, technical expertise, and personal integrity; 

Whereas chief petty officers in the United States Coast 

Guard provide advice and assistance in matters affecting 

the enlisted members of the United States Coast Guard 

and their families; and 

Whereas, for 100 years, chief petty officers in the United 

States Coast Guard have— 

(1) been examples of leadership, honor, and selfless 

service; 

(2) freely accepted responsibility beyond the call of 

printed assignments; and 

(3) through their actions, and the performance of 

their duties, gained the respect and admiration of their 

seniors and juniors: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) recognizes 100 years of service by chief 

3 petty officers in the United States Coast Guard; and 

4 (2) honors past and present chief petty officers 

5 in the United States Coast Guard, who have served 

6 in support of the safety, security, and stewardship of 

7 the United States. 

Æ 


SSpencer on DSK126QN23PROD with BILLS
RE: Will there be time in Thur O 3 RIA mtg to talk about mortality benefits from 

O3 and PM?

King, Heidi R. to: Kathy Kaufman 11/03/2009 12:32 PM

Cc: Charlotte Bertrand, Lydia Wegman, Mary Ross, Neal Fann, Ron 

Evans, Amy Lamson, Tricia Crabtree

Yes! Please call me this afternoon and we can think it through.

Best,

h

-----Original Message-----

From: Kaufman.Kathy@epamail.epa.gov

[mailto:Kaufman.Kathy@epamail.epa.gov] 

Sent: Tuesday, November 03, 2009 12:27 PM

To: King, Heidi R.

Cc: Bertrand.Charlotte@epamail.epa.gov; Wegman.Lydia@epamail.epa.gov;

Ross.Mary@epamail.epa.gov; Fann.Neal@epamail.epa.gov;

Evans.Ron@epamail.epa.gov; Lamson.Amy@epamail.epa.gov;

Crabtree.Tricia@epamail.epa.gov

Subject: Re: Will there be time in Thur O3 RIA mtg to talk about

mortality benefits from O3 and PM?

Heidi, we can discuss mortality benefits on Thursday and then if we need

additional meetings, we can schedule as needed.

This raises two questions we have for you, though:

1. Are there specific concerns about the mortality benefits that you'd

like us to focus on or come prepared to discuss, and

2. More fundamentally -- we're thinking that although you have a good

understanding of the 2008 ozone RIA underyling this supplement, we don't

know about the interagency folks. So we're wondering how to structure

the briefing based on that discrepancy. Can we chat about this briefly

some time today or tomorrow?

Thanks...

-- Kathy

Kathy Kaufman

EPA/OAQPS Mail Code C439-02

Research Triangle Park, NC 27711

Phone 919 541 0102

Fax 919 541 5489

 From: "King, Heidi R." <Heidi_R._King@omb.eop.gov>

 To: Margaret Morrison/RTP/USEPA/US@EPA, Kathy
Kaufman/RTP/USEPA/US@EPA, Mary Ross/RTP/USEPA/US@EPA, Lydia

 Wegman/RTP/USEPA/US@EPA, Charlotte

Bertrand/DC/USEPA/US@EPA, Ron Evans/RTP/USEPA/US@EPA, Neal

Fann/RTP/USEPA/US@EPA 

 Date: 11/03/2009 11:51 AM

 Subject: Will there be time in Thur O3 RIA mtg to talk about

mortality benefits from O3 and PM? 

Ron and Kathy, If not, can we schedule a separate mtg?
Opinion issued September 22, 2016

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-16-00626-CV

———————————

IN RE CASH MEDICAL CLINIC OF CENTER POINTE, LLC, LUIS 

GONZALEZ, MARY MCCOY, AND ALBERTA EDINBURG 

PROPERTIES, INC., Relators

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relators have filed a petition for writ of mandamus challenging the trial 

court’s order denying their motion to transfer venue.* The petition is denied.

 

* The underlying case is Patriot Bank v. Cash Medical Clinic of Center Pointe, LLC, 

Luis Gonzales, Mary J. McCoy, Alberta Edinburg Properties, Inc., and Martin S. 

Frankel, cause number 2014-38580, pending in the 11th District Court of Harris 

County, Texas, the Honorable Mike D. Miller presiding.
2

PER CURIAM

Panel consists of Justices Bland, Massengale, and Lloyd.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Federal Maritime Commission

          - [Docket No. 22-01]

Notice is given that a complaint has been filed with the Federal Maritime Commission (Commission) by CCMA, LLC, hereinafter “Complainant,” against Safmarine, Inc. and Ports America Chesapeake, LLC, hereinafter “Respondents.” Complainant is a Delaware corporation that purchased containers of high carbon ferro for shipment to Baltimore. Complainant alleges that Respondent Safmarine, Inc. is a Delaware corporation and common carrier, and that Respondent Ports America Chesapeake, LLC is a Delaware corporation and a marine terminal operator.

                    Complainant alleges that Respondents violated 46 U.S.C. 41102(c) and 46 CFR 545.4 and 545.5 with regard to assessing demurrage charges against shipments that are subject to a governmental hold for examination by Customs, and therefore, unavailable for pick-up. The full text of the complaint can be found in the Commission's Electronic Reading Room at                     *https://www2.fmc.gov/​readingroom/​proceeding/​22-01/​.*

This proceeding has been assigned to Office of Administrative Law Judges. The initial decision of the presiding office in this proceeding shall be issued by January 5, 2023, and the final decision of the Commission shall be issued by July 19, 2023.

William Cody,

Secretary.

[FR Doc. 2022-00249 Filed 1-10-22; 8:45 am]

BILLING CODE 6730-02-P
| 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 Palomar Medical Technologies, Inc. (the “Company”) onForm 10-Q for the period ended March 31, 2009 as filed with the Securities and Exchange Commission (the“Report”), I, Joseph P. Caruso, and I, Paul S. Weiner certify, pursuant to 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to our knowledge:     (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.

              A signed original of this written statement required by Section 906 has been provided to theCompany and will be retained by the Company and furnished to the Securities and Exchange Commission orits Staff upon request.Dated: May 7, 2009      By:   /s/ Joseph P. Caruso         Joseph P. Caruso President and Chief Executive Officer    Dated: May 7, 2009      By:   /s/ Paul S. Weiner         Paul S. Weiner Chief Financial Officer    |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

JESSICA I. TRICK, 

Plaintiff, Case No.: 3:18-cv-200

 

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. 24); AND (2) AWARDING PLAINTIFF $3,900.00 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 $3,900.00. Doc. 24. 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. 24); 

and (2) GRANTS Plaintiff EAJA fees in the amount of $3,900.00. As no further matters remain 

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

IT IS SO ORDERED.

Date: 10/9/2019 s/ Michael J. Newman 

Michael J. Newman

United States Magistrate Judge