alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
2009 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

4-28-2009

Tamara Klopfenstein v. Natl Sales & Sup

Precedential or Non-Precedential: Non-Precedential

Docket No. 08-2950

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2009

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2009 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"Tamara Klopfenstein v. Natl Sales & Sup" (2009). 2009 Decisions. Paper 1466.

http://digitalcommons.law.villanova.edu/thirdcircuit_2009/1466
The Honorable Richard G. Stearns, District Judge for the United States District *

Court for Massachusetts, sitting by designation.

1

NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

 

No. 08-2950

 

TAMARA KLOPFENSTEIN, 

 Appellant

v.

NATIONAL SALES AND SUPPLY, LLC

t/d/b/a NATIONAL SALES AND SUPPLY

 

On Appeal from the United States District Court

for the Eastern District of Pennsylvania

District Court No. 2-07-cv-04004

District Judge: The Honorable Berle M. Schiller

 

Submitted Pursuant to Third Circuit L.A.R. 34.1(a)

April 13, 2009

Before: McKEE, SMITH, Circuit Judges,

and STEARNS, District Judge*

(Filed: April 28, 2009)

 

 OPINION

 

SMITH, Circuit Judge.
The District Court had jurisdiction over Klopfenstein’s federal claims pursuant to 1

28 U.S.C. § 1331. We have final order jurisdiction under 28 U.S.C. § 1291. We exercise

plenary review over a grant of summary judgment. Farrell v. Planters Lifesavers Co., 

206 F.3d 271, 278 (3d Cir. 2000).

2

Tamara Klopfenstein filed a complaint in September of 2007 against her former

employer, National Sales and Supply, LLC., alleging claims under Title VII of the Civil

Rights Act of 1964 for gender discrimination, sexual harassment, and retaliation. After

discovery closed, Klopfenstein filed a motion for partial summary judgment on her

retaliation claim. National Sales filed a motion for summary judgment as to all of her 

employment discrimination claims. The District Court, in a well reasoned opinion,

concluded that Klopfenstein had failed to establish a prima facie case for each of her

claims. For that reason, the District Court denied Klopfenstein’s motion and granted

summary judgment on all of her claims in favor of National Sales. This timely appeal

followed.1

Klopfenstein argues that the District Court erred in granting summary judgment as

to each of her claims. After de novo review of the record, we are not persuaded. For

substantially the reasons set forth by the District Court, we will affirm the judgment of

the District Court.
Document Headings

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                -                       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.                  

###### Environmental Protection Agency

          - [FRL OP-OFA-010]

*Responsible Agency:*                     Office of Federal Activities, General Information 202-564-5632 or                     *https://www.epa.gov/​nepa.*

Weekly receipt of Environmental Impact Statements (EIS)

Filed March 21, 2022 10 a.m. EST Through March 28, 2022 10 a.m. EST

Pursuant to 40 CFR 1506.9

## Notice

                    Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA's comment letters on EISs are available at:                     *https://cdxnodengn.epa.gov/​cdx-enepa-public/​action/​eis/​search.*

*EIS No. 20220040, Draft, USACE, CA,*                     Thousand Palms Flood Control Project Draft EIR/EIS,  Comment Period Ends: 05/16/2022, Contact: Michael Langley 602-230-6953                

*EIS No. 20220041, Final Supplement, FHWA, KS,*                     South Lawrence Trafficway,  Review Period Ends: 05/02/2022, Contact: Javier Ahumada 785-273-2649                

*EIS No. 20220042, Draft Supplement, USACE, LA,*                     South Central Coast Louisiana Supplemental Draft Integrated Feasibility Study with Environmental Impact Statement,  Comment Period Ends: 05/16/2022, Contact: Joe Jordan 309-794-5791                

Dated: March 28, 2022. 

Cindy S. Barger,

Director, NEPA Compliance Division, Office of Federal Activities.

[FR Doc. 2022-06900 Filed 3-31-22; 8:45 am]

BILLING CODE 6560-50-P
CERTIFICATION                                                       Exhibit 31.1
Chief Executive Officer

I, Robert Moore, President and Chief Executive Officer certify that:

     1.  I have  reviewed  this  quarterly  report on Form  10-QSB of  Chadmoore
         Wireless Group, Inc;

     2.  Based on my knowledge, the 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 the report;

     3.  Based on my knowledge,  the financial  statements,  and other financial
         information  included in the  report,  fairly  present in all  material
         respects the financial  conditions,  the results of its  operations and
         cash flows of the issuer as of, and for,  the periods  presented in the
         report;

     4.  The  small  business  issuer's  other  certifying  officers  and  I are
         responsible for  establishing and maintaining  disclosure  controls and
         procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
         registrant and have:

         a.   Designed such  disclosure  controls and  procedures to ensure that
              material  information  relating to the  registrant,  including its
              consolidated subsidiaries,  is made known to them by others within
              those  entities,  particularly  during  the  period  in which  the
              periodic reports are being prepared;

         b.   Evaluated  the   effectiveness  of  the  registrant's   disclosure
              controls and  procedures  as of a date within 90 days prior to the
              filing date of the report (the "Evaluation Date"); and

         c.   Presented in the report their  conclusions about the effectiveness
              of  the  disclosure   controls  and  procedures   based  on  their
              evaluation as of the Evaluation Date;

     5.  The  small  business  issuer's  other  certifying  officers  and I have
         disclosed,  based on our most recent evaluation,  to the small business
         issuer's auditors and the audit committee of the board of directors (or
         persons fulfilling the equivalent function):

         a.   All significant deficiencies and material weaknesses in the design
              or operation of internal  controls or  financial  reporting  which
              could adversely  affect the issuer's  ability to record,  process,
              summarize and report financial data; and

         b.   Any fraud,  whether or not material,  that involves  management or
              other employees who have a significant  role in the small business
              issuer's internal controls over financial reporting.


May 16, 2005

/s/ ROBERT W. MOORE
-----------------------
Robert W. Moore
Chief Executive Officer
# Dr. Pope Interviewed for CBC News: The National

/ Published April 10, 2022

Dr. Robert Pope is interviewed by CBC News in an investigative report that exposes how a QAnon conspiracy theory about U.S.-funded 'Biolabs' in Ukraine morphed into mainstream disinformation.
IV

105TH CONGRESS

1ST SESSION H. CON. RES. 49

Authorizing the use of the Capitol grounds for the Greater Washington

Soap Box Derby.

IN THE HOUSE OF REPRESENTATIVES

MARCH 13, 1997

Mr. HOYER submitted the following concurrent resolution; which was referred

to the Committee on Transportation and Infrastructure

CONCURRENT RESOLUTION

Authorizing the use of the Capitol grounds for the Greater

Washington Soap Box Derby.

1 Resolved by the House of Representatives (the Senate

2 concurring),

3 SECTION 1. AUTHORIZATION OF SOAP BOX DERBY RACES

4 ON CAPITOL GROUNDS.

5 The Greater Washington Soap Box Derby Associa6 tion (hereinafter in this resolution referred to as the ‘‘As7 sociation’’) shall be permitted to sponsor a public event,

8 soap box derby races, on the Capitol grounds on July 12,

9 1997, or on such other date as the Speaker of the House
2

•HCON 49 IH

1 of Representatives and the President pro tempore of the

2 Senate may jointly designate.

3 SEC. 2. CONDITIONS.

4 The event to be carried out under this resolution shall

5 be free of admission charge to the public and arranged

6 not to interfere with the needs of Congress, under condi7 tions to be prescribed by the Architect of the Capitol and

8 the Capitol Police Board; except that the Association shall

9 assume full responsibility for all expenses and liabilities

10 incident to all activities associated with the event.

11 SEC. 3. STRUCTURES AND EQUIPMENT.

12 For the purposes of this resolution, the Association

13 is authorized to erect upon the Capitol grounds, subject

14 to the approval of the Architect of the Capitol, such stage,

15 sound amplification devices, and other related structures

16 and equipment as may be required for the event to be car17 ried out under this resolution.

18 SEC. 4. ADDITIONAL ARRANGEMENTS.

19 The Architect of the Capitol and the Capitol Police

20 Board are authorized to make any such additional ar21 rangements that may be required to carry out the event

22 under this resolution.

Æ
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 12 Introduced in House (IH)]

105th CONGRESS
  1st Session
H. J. RES. 12

    Proposing an amendment to the Constitution of the United States 
                  relating to voluntary school prayer.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 7, 1997

   Mrs. Emerson introduced the following joint resolution; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                            JOINT RESOLUTION

 
    Proposing an amendment to the Constitution of the United States 
                  relating to voluntary school prayer.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled (two-thirds of each House 
concurring therein), That the following article is hereby proposed as 
an amendment to the Constitution of the United States, which shall be 
valid to all intents and purposes as part of the Constitution if 
ratified by the legislatures of at least three-fourths of the several 
States within seven years from the date of its proposal to the States 
by the Congress:

                              ``Article--

    ``Nothing in this Constitution shall be construed to prohibit 
individual or group prayer in public schools or other public 
institutions. No person shall be required by the United States or by 
any State to participate in prayer. Neither the United States nor any 
State shall prescribe the content of any such prayer.''
                                 <all>
```
Exhibit 32.1



STATEMENT OF CHIEF EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350



In connection with the Form 10-Q of Hilb Rogal & Hobbs Company for the quarter ended June 30, 2005, I, Martin L. Vaughan, III, Chairman and Chief Executive Officer of Hilb Rogal & Hobbs Company, hereby certify
pursuant to 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



(a) such Form 10-Q for the quarter ended June 30, 2005 fully complies with the requirements of section 13(a) of the Securities Exchange Act of 1934, as
amended; and



(b) the information contained in such Form 10-Q
for the quarter ended June 30, 2005 fairly presents, in all material respects, the consolidated financial condition and results of operations of Hilb Rogal & Hobbs Company and its subsidiaries as of and for the periods presented in such Form
10-Q.



|    |  |                                      |  |                     
|--- |  | ------------------------------------ |  | --------------------
|By: |  | /s/ Martin L. Vaughan, III           |  | Date: August 3, 2005
|    |  | Martin L. Vaughan, III               |  |                     
|    |  | Chairman and Chief Executive Officer |  |
**UNITED STATES ENVIRONMENTAL PROTECTION AGENCY** NATIONAL VEHICLE AND FUEL EMISSIONS LABORATORY

2000 TRAVERWOOD DRIVE ANN ARBOR, MI 48105 - 2498 OFFICE OF AIR AND RADIATION July 9 , 2012 MEMORANDUM SUBJECT: 25x’25 Alliance M eeting with EPA R egarding Proposal for 2017 - 2025 L ig ht - Duty (LD) Greenhouse Gas (GHG) Standards FROM: Ed Nam, US EPA TO: EPA Docket # EPA - HQ - OAR - 2010 - 0799 This memo documents a meeting held (b y phone) on Ju ly 5 , 2012 between representatives of 25x’25 Allian ce and EPA to discuss comments submitted June 28, 2012 by 25x’25 Alliance on the L D GHG proposed rule . They discussed the high level messages from their comments. The following people were present: From EPA: Bill Charmley , Jeff Alson, and Edward Nam Fro m 25x'25: Ernie Shae, Roger Johnson, and Brian Jennings
No. 11-10044.

#### Green *v.*California.

Sup. Ct. Cal. Certio-rari denied.
<PAGE>


                                                                    Exhibit 99.1

Press Release                                                Source: Dynegy Inc.

Dynegy Announces Settlement with Commodity Futures Trading Commission

HOUSTON--(BUSINESS WIRE)--Dec. 19, 2002--Dynegy Inc. (NYSE:DYN - News) today
announced that its subsidiary, Dynegy Marketing and Trade, has concluded a
settlement with the Commodity Futures Trading Commission (CFTC) on a previously
disclosed investigation relating to the inaccurate reporting of information on
natural gas trades to energy industry publications that compile and report index
prices. As a result, the CFTC issued an order filing and simultaneously settling
an administrative action against Dynegy Marketing and Trade. Dynegy Marketing
and Trade agreed to pay a civil monetary penalty in the amount of $5 million
without admitting or denying the findings in the CFTC's order. The CFTC made no
findings against Dynegy with respect to round trip trades, which were also a
focus of the CFTC's now-concluded investigation.

Dynegy previously reported that, as a result of an internal investigation, the
company discovered circumstances where inaccurate information regarding natural
gas trades was reported by employees to various energy industry publications
that compile and report index prices. This activity was in direct violation of
the company's Code of Business Ethics. In response to its findings, Dynegy
Marketing and Trade has dismissed seven employees and disciplined seven. In
addition, the company has instituted measures that will ensure that the office
of the chief risk officer verifies all price information. Dynegy is not aware of
any evidence that any of the faulty reporting materially affected any of the
price indices.

Dynegy's cooperation with the CFTC was expressly noted in the agency's order. In
addition, the company continues to cooperate with the U.S. Attorney's Office and
the Federal Energy Regulatory Commission in their investigations into this
matter.

Dynegy Inc. owns operating divisions engaged in power generation, natural gas
liquids and regulated energy delivery. Through these business units, the company
serves customers by delivering value-added solutions to meet their energy needs.
The company's web site is www.dynegy.com.
IN THE SUPREME COURT OF PENNSYLVANIA EASTERN DISTRICT IN THE INTEREST OF: D.L.J., A MINOR PETITION OF: D.J., FATHER : : : : : No. 574 EAL 2014 Petition for Allowance of Appeal from the Order of the Superior Court ORDER PER CURIAM AND NOW , this 28th day of January, 2015, the Petition for Allowance of Appeal is DENIED

.
AFS-14-106-E January 30, 2014

Exemption No. 10920 Regulatory Docket No. FAA-2014-0012

Mr. Jeffrey Moss Parent of Sophia Jolie Moss

13552 Sierra Drive Clifton, VA 20124

Dear Mr. Moss:

This letter is to inform you that we have granted your request for exemption. It transmits our decision, explains its basis, and lists the conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letter received January 6, 2014, you petitioned the Federal Aviation Administration (FAA) on behalf of Sophia Jolie Moss for an exemption from § 121.311(b)(2)(iii)(B) of Title 14, Code of Federal Regulations (14 CFR). That exemption, if granted, would allow Sophia to exceed the specified weight limit for an FAA-approved child restraint system (CAReS, manufactured by AmSafe Corporation) during use of that child restraint system (CRS) aboard a United States (U.S.) aircraft.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent and any delay in acting on this petition would be detrimental to Sophia.

The FAA has issued grants of exemption in circumstances similar in all material respects to those presented in your petition. In Grant of Exemption No. 9834 (copy enclosed), the FAA found that numerous people with physical challenges had previously completed flights using restraint systems that addressed unique physical needs regarding safety, support, and security2

in the same manner of operations as described in this petition. The FAA further found that the petition, if granted, would not set any new precedents regarding the use of restraint systems by persons with disabilities.

Having reviewed your reasons for requesting an exemption, I find that—

 they do not differ materially from those presented by the petitioner in the enclosed grant.

 the reasons stated by the FAA for granting the enclosed exemption also apply to the situation you present; and

 a grant of exemption is in the public interest.

Our Decision

Under the authority contained in 49 U.S.C. §§ 106(f), 40113, and 44701, which the FAA Administrator has delegated to me, I hereby grant Sohpia Jolie Moss exemption from 14 CFR § 121.311(b)(2)(iii)(B). In addition, any air carrier or commercial operator operating under part 121 while Sophia is aboard its aircraft is granted an exemption from 14 CFR § 121.311(b)(2)(iii)(B) to the extent necessary to allow her to use an FAA-approved

CRS aboard a U.S. aircraft.

All operations under this exemption must be conducted with at least one of Sophia’s parents or a caregiver accompanying her. Sophia Jolie Moss may only occupy a passenger seat with no passenger seated behind her. In addition, Sophia’s parent or caregiver must carry a copy of this exemption and advise the air carrier about the contents of the exemption at least 48 hours before the date of each flight.

This exemption terminates on February 28, 2019, unless sooner superseded or rescinded.

Sincerely,

/s/

Michael J. Zenkovich Deputy Director, Flight Standards Service

Enclosure
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONDENSED CONSOLIDATED BALANCE SHEET AND CONDENSED CONSOLIDATED STATEMENT OF
OPERATIONS AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               SEP-30-1997
<CASH>                                            5028
<SECURITIES>                                         0
<RECEIVABLES>                                    68931
<ALLOWANCES>                                    (4101)
<INVENTORY>                                      73201
<CURRENT-ASSETS>                                178158
<PP&E>                                           87707
<DEPRECIATION>                                 (31828)
<TOTAL-ASSETS>                                  572371
<CURRENT-LIABILITIES>                            99418
<BONDS>                                         435733
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           592
<OTHER-SE>                                       30980
<TOTAL-LIABILITY-AND-EQUITY>                    572371
<SALES>                                         256897
<TOTAL-REVENUES>                                256897
<CGS>                                           136731
<TOTAL-COSTS>                                   136731
<OTHER-EXPENSES>                                106030
<LOSS-PROVISION>                                   300
<INTEREST-EXPENSE>                               32972
<INCOME-PRETAX>                                (15723)
<INCOME-TAX>                                    (5500)
<INCOME-CONTINUING>                            (10223)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (10223)
<EPS-PRIMARY>                                    (.17)
<EPS-DILUTED>                                        0
        

</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 on Form 10-QSB of Bay Resources Ltd.
(the "Company") for the three months ended December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the "report"), the
undersigned, Joseph Gutnick, Chief Executive Officer of the Company, certifies
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 result of operations of
         the Company.


February 8, 2006


                                        Joseph I. Gutnick
                                        -----------------
                                        Joseph I. Gutnick
                                        Chairman of the Board, President and
                                        Chief Executive Officer



                                                                              21