alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
*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this opinion should not be published and is not precedent except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. 97-50719

Summary Calendar

_____________________

GERALDINE BATTY-HOOVER,

Plaintiff-Appellant,

versus

ELLA AUSTIN COMMUNITY CENTER,

Defendant-Appellee.

_________________________________________________________________

Appeal from the United States District Court for the

Western District of Texas

USDC No. SA-95-CV-870

_________________________________________________________________

August 5, 1998

Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.

PER CURIAM:*

In this case, Batty-Hoover appeals the dismissal of her Title

VII claim by the district court for failure to prosecute. The

dismissal was nominally made without prejudice, but because any new

action would be time barred, we review the dismissal as if it had

been entered with prejudice in the first instance. See Berry v.

CIGNA/RSI-CIGNA, 975 F.2d 1188, 1191 (5th Cir. 1992).

We review dismissals with prejudice for abuse of discretion.

Id. Nonetheless, a dismissal with prejudice “is an extreme
2

sanction that deprives the litigant of the opportunity to pursue

his claim.” McGowan v. Faulkner Concrete Pipe Co., 659 F.2d 554,

556 (5th Cir. 1981). At a minimum, it should only be resorted to

in cases of clear delay where other sanctions would be ineffective

and appropriate aggravating factors are present. Boudwin v.

Graystone Ins. Co., 756 F.2d 399, 401 (5th Cir. 1985).

In this case, our review of the record discloses that the

dismissal was entered on the basis of the intransigence and

malfeasance of Batty-Hoover’s counsel in repeatedly failing to

cooperate with his opponent to timely produce and submit the

required agreed order. In this circumstance, we have clearly held

that it is inappropriate to resort to a dismissal with prejudice

before attempting some lesser sanction directed at the offending

attorney. See Clofer v. Perego, 106 F.3d 678, 680 (5th Cir. 1997).

Because the district court neither attempted such lesser sanctions

nor expressly found that they would be unavailing, see Berry, 975

F.2d at 1191, its decision to dismiss Batty-Hoover’s case with

prejudice was an abuse of discretion. Accordingly, the judgment of

the district court is REVERSED, and the case is REMANDED for

further proceedings.

REVERSED and REMANDED.
No. 12-7394.

#### Lombardo *v.*United States.

C. A. 7th Cir. Certiorari denied.
No. 12-358.

No. 12-7065.

#### Snyder et al. *v.*New York State Education Department et al., Henry *v.*United States,

*ante,*p. 1041; and *ante,*p. 1076. Petitions for rehearing denied.

Justice Sotomayor took no part in the consideration or decision of these petitions.
|                                                                        
|------------------------------------------------------------------------
|                                                                        
|View History:  Monthly  Annual Download Data (XLS File)                
|View History:  Monthly  Annual                                          
|View History:  Monthly  Annual                                          
|View History:                                                           
|                                                                        
|Alcan, AK Natural Gas Liquefied Natural Gas Imports (Million Cubic Feet)
|                                                                        
|                                                                        
|Alcan, AK Natural Gas Liquefied Natural Gas Imports (Million Cubic Feet)
|                                                                        

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2010's                                                                                                                            |        |        |        |        |        |        |        | 0      | 1      | 6     
|2020's                                                                                                                            | 1      | 0      | 35     | 102    |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
|                                                                                                     
|-----------------------------------------------------------------------------------------------------
|                                                                                                     
|View History:  Monthly  Annual Download Data (XLS File)                                             
|View History:  Monthly  Annual                                                                       
|View History:  Monthly  Annual                                                                       
|View History:                                                                                        
|                                                                                                     
|Price of Corpus Christi, TX Liquefied Natural Gas Exports to Panama (Dollars per Thousand Cubic Feet)
|                                                                                                     
|                                                                                                     
|Price of Corpus Christi, TX Liquefied Natural Gas Exports to Panama (Dollars per Thousand Cubic Feet)
|                                                                                                     

|Year                                                                                                                              | Jan | Feb | Mar  | Apr | May | Jun | Jul | Aug | Sep | Oct | Nov | Dec
|--------------------------------------------------------------------------------------------------------------------------------- | --- | --- | ---- | --- | --- | --- | --- | --- | --- | --- | --- | ---
|2022                                                                                                                              | W   | W   |      |     | W   | W   |     |     |     |     |     |    
|2023                                                                                                                              | W   |     | W    |     |     |     |     |     | W   |     |     |    
|2024                                                                                                                              |     |     | 5.68 |     |     |     |     |     |     |     |     |    
|                                                                                                                                 
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
|                                                                 
|-----------------------------------------------------------------
|                                                                 
|View History: Annual Download Data (XLS File)                   
|View History: Annual                                             
|View History: Annual                                             
|View History:                                                    
|                                                                 
|No chart available.                                              
|No chart available.                                              
|                                                                 
|                                                                 
|Alabama Natural Gas International Deliveries (Million Cubic Feet)
|                                                                 

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|2010's                                                                                                                            |        |        |        |        |        |        |        | 0      | 0      | 0     
|2020's                                                                                                                            | 0      | 0      | 0      |        |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

T he complete record of public participation activities is located at the Air Division of the Department of Environmental Quality. The d epartment contact to access this information is the Director, Air Division

.

The state did not receive testimony on this particular revision.

TEMPLATES \ SIP

- REG \ REG03

- b2

SIP \ NONATTN PLANS \ 20 1 1 \ F 10

- SIP

- 3.DOC
No. 12-8221.

#### Pantoliano *v.*United States.

C. A. 2d Cir. Certiorari denied.
<TABLE> <S> <C>


<ARTICLE> 9
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                          35,041
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                49,200
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     79,918
<INVESTMENTS-CARRYING>                           6,672
<INVESTMENTS-MARKET>                             6,745
<LOANS>                                        615,022
<ALLOWANCE>                                      9,502
<TOTAL-ASSETS>                                 822,225
<DEPOSITS>                                     710,346
<SHORT-TERM>                                     3,000
<LIABILITIES-OTHER>                             13,378
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        36,684
<OTHER-SE>                                      59,803
<TOTAL-LIABILITIES-AND-EQUITY>                 822,225
<INTEREST-LOAN>                                 29,812
<INTEREST-INVEST>                                3,891
<INTEREST-OTHER>                                     0
<INTEREST-TOTAL>                                33,703
<INTEREST-DEPOSIT>                              13,604
<INTEREST-EXPENSE>                              13,723
<INTEREST-INCOME-NET>                           19,980
<LOAN-LOSSES>                                      600
<SECURITIES-GAINS>                                 (10)
<EXPENSE-OTHER>                                 18,105
<INCOME-PRETAX>                                  8,034
<INCOME-PRE-EXTRAORDINARY>                       5,466
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,466
<EPS-PRIMARY>                                      .89
<EPS-DILUTED>                                      .88
<YIELD-ACTUAL>                                    5.41
<LOANS-NON>                                      2,862
<LOANS-PAST>                                     1,263
<LOANS-TROUBLED>                                 1,211
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                 4,533
<CHARGE-OFFS>                                      765
<RECOVERIES>                                       134
<ALLOWANCE-CLOSE>                                9,502
<ALLOWANCE-DOMESTIC>                                 0
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        


</TABLE>
<PAGE>
                                                                    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

I, Rose Frawert, Principal Financial and Accounting Officer of Mid-State
Raceway, Inc. and Subsidiary (the "Company"), certify, pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

(1) the Quarterly Report on Form 10-Q of the Company for the quarter ended
September 30, 2001 (the "Report") fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended (15
U.S.C. 78m or 78o(d)); 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: January 10, 2004
/s/ Rose Frawert
Rose Frawert
Principal Financial and Accounting Officer


                                       16
#### Smith, Matter of, v Venettozzi

3d Dept: 145 AD3d 1277

denied*
#### Com. v. Segraves

07/07/2016

178 MAL (2016)

Denied

Pa.Super., 141 A.3d 594
<TABLE> <S> <C>


<ARTICLE>                                           BD


<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                                  DEC-31-2000
<PERIOD-END>                                       JUN-30-2000
<CASH>                                              28,365,000
<RECEIVABLES>                                        2,399,000
<SECURITIES-RESALE>                                          0
<SECURITIES-BORROWED>                                        0
<INSTRUMENTS-OWNED>                                  4,447,000
<PP&E>                                               1,367,000
<TOTAL-ASSETS>                                      38,631,000
<SHORT-TERM>                                                 0
<PAYABLES>                                                   0
<REPOS-SOLD>                                                 0
<SECURITIES-LOANED>                                          0
<INSTRUMENTS-SOLD>                                           0
<LONG-TERM>                                                  0
<PREFERRED-MANDATORY>                                        0
<PREFERRED>                                                  0
<COMMON>                                               229,000
<OTHER-SE>                                          33,981,000
<TOTAL-LIABILITY-AND-EQUITY>                        38,631,000
<TRADING-REVENUE>                                      393,000
<INTEREST-DIVIDENDS>                                   867,000
<COMMISSIONS>                                       22,482,000
<INVESTMENT-BANKING-REVENUES>                          818,000
<FEE-REVENUE>                                                0
<INTEREST-EXPENSE>                                       9,000
<COMPENSATION>                                       6,218,000
<INCOME-PRETAX>                                      8,541,000
<INCOME-PRE-EXTRAORDINARY>                           8,541,000
<EXTRAORDINARY>                                              0
<CHANGES>                                                    0
<NET-INCOME>                                         4,960,000
<EPS-BASIC>                                                .22
<EPS-DILUTED>                                              .21



</TABLE>
#### Othilda Wynter, as Administrator of the Estate of Clifton Wynter, Deceased, et al., Appellants, v Our Lady of Mercy Medical Center et al., Respondents, et al., Defendants.

[52 NYS3d 856]

Judgments, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered September 15, 2015 and September 24, 2015, dismissing the complaint as against defendants New York City Health and Hospitals Corporation, Stephen Weitz, M.D., Our Lady of Mercy Medical Center, Patricia Scanlon, M.D., and Jerry Balentine, M.D., unanimously affirmed, without costs.

*415Notwithstanding the strong public policy of this State to decide cases on the merits and our previous recognition of the potential merit of plaintiffs’s claims *(see Wynter v Our Lady of Mercy Med. Ctr.,*3 AD3d 376 [1st Dept 2004]), the motion court providently exercised its discretion in denying vacatur of plaintiffs’ default at the May 20, 2013 and July 24, 2013 court conferences. Bearing in mind the principle that “ultimately it was plaintiff’s duty to prosecute its case” *(Lance Intl., Inc. v First Natl. City Bank,*86 AD3d 479, 481 [1st Dept 2011], *lv dismissed*17 NY3d 922 [2011], *lv dismissed*19 NY3d 898 [2012]), we find plaintiffs failed to provide a reasonable excuse for their various failures to prosecute their claims after this case was restored by this Court in 2004, including the failure to appear at the 2013 conferences at issue on this appeal that resulted in the dismissal of this action pursuant to the Uniform Rules for Trial Courts (22 NYCRR) § 202.27 (b).

Concur—Richter, J.R, Andrias, Moskowitz, Feinman and Kapnick, JJ.
|                                                                                               
|-----------------------------------------------------------------------------------------------
|                                                                                               
|View History: Annual Download Data (XLS File)                                                 
|View History: Annual                                                                           
|View History: Annual                                                                           
|View History:                                                                                  
|                                                                                               
|Price of Cove Point, MD Natural Gas LNG Imports from Algeria  (Dollars per Thousand Cubic Feet)
|                                                                                               
|                                                                                               
|Price of Cove Point, MD Natural Gas LNG Imports from Algeria  (Dollars per Thousand Cubic Feet)
|                                                                                               

|Decade                                                                                                                            | Year-0 | Year-1 | Year-2 | Year-3 | Year-4 | Year-5 | Year-6 | Year-7 | Year-8 | Year-9
|--------------------------------------------------------------------------------------------------------------------------------- | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------ | ------
|1990's                                                                                                                            |        |        |        |        |        |        |        |        |        | NA    
|2000's                                                                                                                            | NA     | NA     | NA     | 4.79   | 6.32   | 8.38   | 8.48   | 7.50   | --     | --    
|2010's                                                                                                                            | --     |        |        |        |        |        |        |        |        |       
|- = No Data Reported;  -- = Not Applicable;  NA = Not Available;  W = Withheld to avoid disclosure of individual company data.
|                                                                                                                                 
|Release Date: 7/31/2024                                                                                                          
|Next Release Date: 8/30/2024
#### Ian Pai, Appellant-Respondent, v Blue Man Group Publishing, LLC, et al., Respondents-Appellants, et al., Defendant.

[56 NYS3d 85]

Order, Supreme Court, New York County (Barry R. Ostrager, J.), entered September 29, 2016, which, to the extent appealed from, granted defendants’ motion to dismiss plaintiff’s sixth *457cause of action for fraud, and denied defendants’ motion to dismiss the remaining causes of action, except to the extent that those causes of action were barred in part by the applicable statutes of limitations, unanimously affirmed, without costs.

Although plaintiff’s breach of fiduciary duty claim grounded in fraud was timely *(see IDT Corp. v Morgan Stanley Dean Witter & Co.,*12 NY3d 132, 139-140 [2009]), the court properly limited plaintiff’s recovery to the applicable statute of limitations periods, which here is six years *(see e.g. Carlingford Ctr. Point Assoc. v MR Realty Assoc.,*4 AD3d 179, 180 [1st Dept 2004]; *Chiu v Man Choi Chiu,*71 AD3d 621 [2d Dept 2010]). Contrary to plaintiff’s arguments, his stale claims for underpaid royalties during the fiduciary relationship but prior to the limitations periods were not revived by tolling or equitable estoppel.

The court properly determined that plaintiff’s allegations for his breach of fiduciary duty claim were sufficient to defeat the motion to dismiss *(see generally Roni LLC v Arfa,*18 NY3d 846, 848 [2011]; *EBC I, Inc. v Goldman, Sachs & Co., 5*NY3d 11, 19 [2005]). The statute of frauds did not bar that claim or plaintiff’s remaining claims for royalties based upon the live performances, which were not covered under any agreement. Nevertheless, inasmuch as plaintiff’s fraud claim was duplicative of the breach of fiduciary duty claim, it was properly dismissed *(see Frydman & Co. v Credit Suisse First Boston Corp.,*272 AD2d 236, 238 [1st Dept 2000]).

We have considered the parties’ remaining arguments and find them unavailing.

Concur—Ren wick, J.P., Richter, Feinman, Gische and Kahn, JJ.