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

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

JOHN PEROTTI, 

Plaintiff, 

vs. 

CHIEF INSPECTOR ROGER WILSON, 

et al., 

Defendants. 

:

:

:

:

:

:

:

:

:

:

 Case No. 1:18-cv-482 

 Judge Timothy S. Black 

 Magistrate Judge Karen L. Litkovitz 

DECISION AND ENTRY 

ADOPTING THE REPORT AND RECOMMENDATION 

OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 46) 

This case is before the Court pursuant to the Order of General Reference to United 

States Magistrate Judge Karen L. Litkovitz. Pursuant to such reference, the Magistrate 

Judge, on February 24, 2020, submitted a Report and Recommendation. (Doc. 46). 

On September 3, 2019, Defendants filed a Notice of Suggestion of Death Upon the 

Record, indicating that the sole remaining Plaintiff in this matter, John Perotti, had passed 

away on July 20, 2019. (Doc. 42). On November 6, 2019, the Magistrate Judge ordered 

Defendants to serve the Notice of Suggestion of Death on the successor representative of 

Mr. Perotti and to provide notice of service on the record. (Doc. 44) 

On November 21, 2019, a Notice of Suggestion of Death was filed with the Court 

and served on Mr. Perotti’s next of kin. (Doc. 45). The Report and Recommendation 

indicates that more than ninety days have passed since the filing of the Notice of 

Suggestion of death, and no motion for substitution has been filed with the Court. 

Case: 1:18-cv-00482-TSB-KLL Doc #: 47 Filed: 05/07/20 Page: 1 of 2 PAGEID #: 465
2 

Accordingly, the Magistrate Judge recommends dismissing and closing this matter on the 

docket. (Doc. 46). 

 As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has 

reviewed the findings of the Magistrate Judge. Upon consideration of the foregoing, the 

Court does determine that the Report and Recommendation (Doc. 46) should be and is 

hereby ADOPTED in its entirety. 

Accordingly, for the reasons stated above: 

1) This civil action is DISMISSED;

2) The Clerk shall enter judgment accordingly, whereupon this case is

TERMINATED from the docket of this Court.

IT IS SO ORDERED. 

Date: 

Timothy S. Black 

United States District Judge

5/7/2020 s/Timothy S. Black

Case: 1:18-cv-00482-TSB-KLL Doc #: 47 Filed: 05/07/20 Page: 2 of 2 PAGEID #: 466
EXHIBIT 32.1



STATEMENT OF CHIEF EXECUTIVE OFFICER

OF PTEK HOLDINGS, INC.

PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

§ 906 OF THE
SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly
Report of PTEK Holdings, Inc. (the Company) on Form 10-Q for the quarter ended September 30, 2004 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, Boland T. Jones, Chief
Executive Officer of the Company, certifies, 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



/s/ Boland T. JonesBoland T. JonesChief Executive OfficerPTEK Holdings, Inc.November 8, 2004
Juvenco L. FRANCIS, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-767

District Court of Appeal of Florida, Second District.

Opinion filed January 10, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Proposed Rule: Revisions to Reporting and Recordkeeping Requirements, and Proposed Confidentiality 

Determinations under the Greenhouse Gas Reporting Program

Meeting Documentation : American Chemistry Council Meeting with US EPA

Date Staff Contact Information 

(Name, email, phone #)

Name of Organization (Attach list of all attendees names 

and emails if possible) 

Summary of Discussion 

(e.g., applicability, 

reporting requirements, 

etc.)

Written 

Comments 

Provided?

Did they also 

submit to 

Docket?

Date sent to

EPA- CCD

November 

19, 2013

Lisa Grogan-McCulloch

Grogan-groganmcculloch.lisa@epa.gov

617-918-1481

American Chemistry Council:

Leslie Hulse

(Leslie_Hulse@americanchemistry.com)

Lorraine Gershman 

(Lorraine_Gershman@americanchemistry.com)

A meeting was held 

where American

Chemistry Council 

provided comments 

regarding the 

proposed rule. Key 

issues covered 

included the inputs 

verification tool and 

emission data.

No written 

comments 

were 

provided 

during 

meeting. 

Comments 

submitted to 

docket.

N/A 

(comments 

submitted to 

docket.)
Exhibit 32

 

CERTIFICATION 

PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT****

 

In connection with the Quarterly Report of United Retail Group, Inc. (the “Company”) on Form 10-Q for the period ended October 29, 2005 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), we, Raphael Benaroya, Chief Executive Officer of the Company, and George R. Remeta, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act, that based on 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.

 
| /s/ RAPHAEL BENAROYA

Raphael Benaroya

Chief Executive Officer

December 9, 2005         |   |
|-------------------------------------------------------------------------------------------|--------|
|                                                                                      |   |
| /s/ GEORGE R. REMETA

George R. Remeta

Chief Financial Officer

December 9, 2005

  |   |
EXHIBIT 32

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 Cross Timbers Royalty Trust (the Trust) on Form 10-Q for the
quarterly period ended March 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, not in its individual capacity but solely as the trustee of the Trust, certifies pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to its knowledge:

(1) The
Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

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



|               |  |  |  |                                                                |  |                    
|-------------- |  |  |  | -------------------------------------------------------------- |  | -------------------
|               |  |  |  | Bank of America, N.A., Trustee for Cross Timbers Royalty Trust
|               |  |  | 
|April 30, 2007 |  |  |  | By                                                             |  | /S/ NANCY G. WILLIS
|               |  |  |  |                                                                |  | Nancy G. Willis    
|               |  |  |  |                                                                |  | Vice President
* Pursuant to 5TH CIR. 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 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-40780

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

AMADO PEREZ-AVALOS,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Southern District of Texas

USDC No. B-02-CR-14-ALL

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

December 12, 2002

Before JOLLY, JONES, and CLEMENT, Circuit Judges.

PER CURIAM:*

Amado Perez-Avalos appeals the 30-month sentence imposed

following his guilty plea to a charge of illegal re-entry after

having been deported following an aggravated felony conviction

in violation of 8 U.S.C. § 1326. Perez-Avalos argues that the

sentencing provisions of 8 U.S.C. § 1326(b)(1) and (b)(2) are

unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466

(2000). He concedes that this argument is foreclosed by

Almendarez-Torres v. United States, 523 U.S. 224 (1998), but he
No. 02-40780

-2-

seeks to preserve the issue for Supreme Court 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). This court must follow the precedent set in

Almendarez-Torres "unless and until the Supreme Court itself

determines to overrule it." Dabeit, 231 F.3d at 984 (internal

quotation and citation omitted). 

 AFFIRMED.
**EXHIBIT 32.2**

**Certification of Chief Financial Officer**

I, Alberto R. Santa Ines, Chief FinancialOfficer of Abaxis, Inc. (the “Registrant”), do hereby certify inaccordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that:

|   | (1)    | the Quarterly Report on Form 10-Q of the Registrant, to which this certificationis attached as an exhibit (the “Report”), fully complies with therequirements of section 13(a) and section 15(d) of the Securities Exchange Actof 1934, as amended (15 U.S.C. 78m); and |
|--------|--------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                                                                                                              |
|   | (2)    | the information contained in the Report   fairly presents, in all material respects, the financial condition and   results of operations of the Registrant.                                                                                                                       |

| Dated: February 8, 2007 |   |                                                    |
|-------------------------|--------|---------------------------------------------------------|
|                    | By:    | /s/ Alberto R. Santa Ines                               |
|                    |   |                                                         |
|                    |   | Alberto R. Santa Ines                                   |
|                    |   | Chief Financial Officer and   Vice President of Finance |

----
-82 -80 -78 -76 -74 -72

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18 12 06 00

08/01

NOAA HYSPLIT MODEL

 Backward trajectory ending at 2300 UTC 01 Aug 07

 EDAS Meteorological Data

Source

★ at 38.90 N 76.65 W Meters AGL
<PAGE>   1


                                                                      Exhibit 23


                  CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS


The Board of Directors
Applied Innovation Inc.:


We consent to incorporation by reference in the registration statements (No.
33-62646, 33-94582 and 333-4432) on Form S-8 of Applied Innovation Inc. of our
report dated February 14, 1997, relating to the consolidated balance sheets of
Applied Innovation Inc. and subsidiary as of December 31, 1996 and 1995, and
the related consolidated statements of income, stockholders' equity, and cash
flows for each of the years in the three-year period ended December 31, 1996,
which report appears in the December 31, 1996, annual report on Form 10-K of
Applied Innovation Inc.


/s/ KPMG Peat Marwick LLP


Columbus, Ohio
March 26, 1997
#### Keeshan *v.*Hays.

4-5393

126 S. W. 2d. 105

Opinion delivered March 13, 1939.

*Brewer S Cracraft,*for appellant.

*John G. Sheffield,*for appellee.

GrieeiN Smith, C. J.

Appellant, who are partners, question two of several judgments rendered in consequence of personal injuries and property damage sustained when an ambulance owned by appellants, and an automobile owned by Ed Blair, collided.

Blair, with others, was in his car when the accident occurred. Mrs. Blair was driving. Jury verdicts resulted in judgments for $2,000 in favor of Ed Blair, and $2,500 for his wife. Damage to the automobile was $350. Medical and hospital bills, and services of physicians incident to treatment of the Blairs, amounted to $275, leaving $1,375, and $2,500, to compensate injuries sustained by husband and wife, respectively. It is not contended that the injuries were permanent.

Appellants urge a failure of appellees to establish by proper proof — that is, by substantial evidence — that the injuries were sufficient to justify the amounts awarded.

Unless, in a given case, the judgment is so large as to attest that considerations other than appropriate evidence induced the verdict — such, for instance, as excess sympathy, prejudice, a response to passionate appeal, inflammatory argument, and the like — and unless we can say that no jury, free from improper inducement, would reach the conclusion that is challenged, this court does *756not direct a remittitur; or, in the alternative, reverse for' retrial.

Applying this rule to the appeal before ns, the judgments must be affirmed. It is so ordered.
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SCPW-13-0000489

IN THE SUPREME COURT OF THE STATE OF HAWAI#I

 

JOCELYN WANDA UNCIANO, Petitioner,

vs.

THE HONORABLE GARY W.B. CHANG, JUDGE OF THE

CIRCUIT COURT OF THE FIRST CIRCUIT, HAWAI#I LAND COURT, and

GMAC MORTGAGE, LLC, Respondents.

 

APPEAL FROM THE LAND COURT OF THE STATE OF HAWAI#I

(CAAP-11-0001080; 1L.D. CASE NO. 11-1-2518; APPLICATION NO. 1069)

ORDER DENYING WITHOUT PREJUDICE PETITION

FOR WRIT OF MANDAMUS AND/OR PROHIBITION

(By: Recktenwald, C.J., Nakayama, Acoba, McKenna, and Pollack, JJ.)

Upon consideration of petitioner Joycelyn Wanda

Unciano’s petition for a writ of mandamus, filed on April 29,

2013, the documents attached thereto and submitted in support

thereof, and the record, it appears that Hawai#i’s land court

rules do not provide a specific time frame for the court to enter

a final judgment or decree and, therefore, the land court should

generally act upon matters timely under the circumstances. 

Although the land court must enter a final judgment or decree in

the present case, the delay in entering such document is not

Electronically Filed

Supreme Court

SCPW-13-0000489

20-MAY-2013

03:22 PM
unreasonable considering the specialized nature of land court

matters and the volume of land court cases pending before the

respondent judge. Mandamus relief, therefore, is not warranted

at this time. See Kema v. Gaddis, 91 Hawai#i 200, 204-05, 982

P.2d 334, 338-39 (1999) (a writ of mandamus is an extraordinary

remedy that will not issue unless the petitioner demonstrates a

clear and indisputable right to relief and a lack of alternative

means to redress adequately the alleged wrong or obtain the

requested action; where a court has discretion to act, mandamus

will not lie to interfere with or control the exercise of that

discretion, even when the judge has acted erroneously, unless the

judge has exceeded his or her jurisdiction, has committed a

flagrant and manifest abuse of discretion, or has refused to act

on a subject properly before the court under circumstances in

which he or she has a legal duty to act); State ex rel. Marsland

v. Ames, 71 Haw. 304, 307, 788 P.2d 1281, 1283 (1990) (“[T]he

mere fact that other remedies are not available has never in

itself been sufficient justification for mandamus.”). 

Accordingly, 

IT IS HEREBY ORDERED that the petition for a writ of

mandamus is denied without prejudice.

DATED: Honolulu, Hawai#i, May 20, 2013.

/s/ Mark E. Recktenwald

/s/ Paula A. Nakayama

/s/ Simeon R. Acoba, Jr.

/s/ Sabrina S. McKenna

/s/ Richard W. Pollack
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       4,179,179
<SECURITIES>                                         0
<RECEIVABLES>                                   24,843
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             5,510,025
<PP&E>                                         487,040
<DEPRECIATION>                                 267,469
<TOTAL-ASSETS>                               6,010,375
<CURRENT-LIABILITIES>                        1,488,287
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        99,280
<OTHER-SE>                                   3,393,762
<TOTAL-LIABILITY-AND-EQUITY>                 6,010,375
<SALES>                                     12,269,351
<TOTAL-REVENUES>                            12,269,351
<CGS>                                        8,986,701
<TOTAL-COSTS>                                8,986,701
<OTHER-EXPENSES>                             3,318,369
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              (730,620)
<INCOME-TAX>                                   132,164
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 (862,784)
<EPS-BASIC>                                    (0.090)
<EPS-DILUTED>                                  (0.090)


</TABLE>
IV 

117TH CONGRESS 

1ST SESSION H. CON. RES. 58 

Permitting the use of the rotunda of the Capitol for a ceremony as part 

of the commemoration of the 100th anniversary of the dedication of 

the Tomb of the Unknown Soldier. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2021 

Mr. BOST (for himself and Mr. TAKANO) submitted the following concurrent 

resolution; which was referred to the Committee on House Administration 

CONCURRENT RESOLUTION 

Permitting the use of the rotunda of the Capitol for a ceremony as part of the commemoration of the 100th anniversary of the dedication of the Tomb of the Unknown 

Soldier. 

1 Resolved by the House of Representatives (the Senate 

2 concurring), 

3 SECTION 1. USE OF ROTUNDA OF THE CAPITOL. 

4 The rotunda of the Capitol is authorized to be used 

5 on November 10, 2021, for a ceremony as part of the com6 memoration of the 100th anniversary of the dedication of 

7 the Tomb of the Unknown Soldier. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HCON 58 IH 

1 SEC. 2. PHYSICAL PREPARATIONS FOR THE CEREMONY. 

2 Physical preparations for the ceremony shall be car3 ried out in accordance with such conditions as the Archi4 tect of the Capitol may prescribe. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A16E0015. MILLER v. CAMERON et al.

Earl Cameron moves this Court for an emergency supersedeas to stay a

contempt order entered by the trial court. We initially denied Cameron’s motion for

failure to comply with this Court’s rules. Cameron then filed an amended motion,

which we will treat as a motion for reconsideration. Cameron has now conformed

with the rules of this Court, and we therefore GRANT the motion for reconsideration

and address the merits of the emergency motion.

Cameron’s motion and supporting documentsshow that the trial court ordered

that Cameron be incarcerated for civil and criminal contempt. Cameron filed a notice

of appeal as well as an application for supersedeas in the trial court. “[T]his Court

may issue such orders or give such direction to the trial court as may be necessary to

preserve jurisdiction of an appeal or to prevent the contested issue from becoming

moot.” Rule 40 (b). Cameron’s emergency motion in this Court does not show that

the trial court has denied the application for supersedeas nor does it show that

Cameron is incarcerated. Therefore, Cameron’s motion does not meet the

requirements of Rule 40 (b), and it is therefore DENIED.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

I certify that the above is a true extract from

the minutes of the Court of Appeals of Georgia.

Witness my signature and the seal of said court

hereto affixed the day and year last above written.

, Clerk.

11/05/2015

November 05, 2015
IN THE SUPREME COURT OF THE STATE OF MONTANA

CAUSE NO. DA 21-0250

CED WHEATLAND, LLC, CED 

TETON COUNTY WIND, LLC, and

CED PONDERA WIND, LLC,

Petitioners/Appellants,

v.

MONTANA DEPARTMENT OF 

PUBLIC SERVICE REGULATION, 

MONTANA PUBLIC SERVICE

COMMISSION, NORTHWESTERN

ENERGY, and MONTANA

CONSUMER COUNSEL,

Respondents/Appellees.

ORDER GRANTING EXTENSION OF TIME

Appellee Montana Public Service Commission has filed a motion for 

extension of time, requesting the first, 30-day extension for all Appellees to file 

answer briefs. Pursuant to authority granted under Mont. R. App. P. 26(1), and for 

good cause appearing, all Appellees are granted an extension of time until October 

1, 2021, to prepare, file, and serve their answer briefs.

Electronically signed by:

Bowen Greenwood

Clerk of the Supreme Court

August 13 2021

08/13/2021

Case Number: DA 21-0250