alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

The Honorable Kathleen A. Jaudzemis, United States Magistrate Judge for the

District of Nebraska, presiding with the consent of the parties pursuant to 28 U.S.C.

§ 636(c).

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 01-1996

___________

Suzanne Schmidt, *

*

Appellant, * Appeal from the United States

* District Court for the

v. * District of Nebraska.

*

Dayton Hudson, Inc., * [UNPUBLISHED]

*

Appellee. *

___________

Submitted: February 11, 2002

Filed: February 21, 2002

___________

Before BOWMAN, RICHARD S. ARNOLD, and WOLLMAN, Circuit Judges.

___________

PER CURIAM.

Suzanne Schmidt brought a Title VII case against Dayton Hudson, Inc.,

asserting claims of hostile work environment, retaliation, and constructive discharge.

The District Court1

 granted summary judgment in favor of Dayton Hudson. Schmidt

appeals, arguing that the evidence in the summary-judgment record shows various

disputed issues of material fact that preclude summary judgment.
-2-

Having reviewed the record de novo in light of the briefs and oral arguments

and applying well-established summary-judgment standards, we are satisfied the

District Court correctly ruled that Dayton Hudson was entitled to summary judgment.

We conclude that as a matter of law Schmidt has failed to make a case for trial on any

of her claims. Finding no flaw in the District Court's thorough and well-reasoned

memorandum and order, we affirm the final judgment entered by that court against

Schmidt and in favor of Dayton Hudson. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit 10.3(b)


       Schedule of Warrant (refinancings after October 31, 2005) Issued by
                NCT Group, Inc. to Carole Salkind on May 25, 2006


                     Expiration                                      Shares
    Grant Date          Date             Exercise Price              Granted
    ----------          ----             --------------              -------
     05/25/06         05/25/11        Greater of: (i)$0.0020;       5,750,000
                                      or (ii) the par value of
                                      NCT Group, Inc.
                                      common stock on the
                                      date of exercise
#### North City Development Co. v. General Foods, LLC 28

08/17/2016

52 EAL (2016)

28

. Justice MUNDY did not participate in the consideration or decision of this matter.

Denied

Pa.Super., 134 A.3d 480
#### Southwest Marine and General Insurance Company et al., Appellants, v Arch Specialty Insurance Company, Respondent.

[58 NYS3d 861]

Appeals having been taken to this Court by the above-named appellant from orders of the Supreme Court, New York County (Eileen A. Rakower, J.), entered on or about August 18, 2016, and November 9, 2016, and said appeals having been argued by counsel for the respective parties; and due deliberation having been had thereon, and upon the stipulation of the parties hereto dated July 13, 2017, it is unanimously ordered that said appeals be and the same are hereby withdrawn in accordance with the terms of the aforesaid stipulation.

Concur — Andrias, J.R, Gische, Gesmer and Moulton, JJ.
DLA Disposition Services Black History month program
 By DLA Disposition Services Public Affairs
  The Defense Logistics Agency Disposition Services joins the nation in celebrating National African American / Black History month.  **African-American/Black History Month is an annual celebration which recognizes the significant contributions of African-Americans throughout our nation’s history, through their contributions in arts, entertainment, law, politics, sciences, sports and so much more.




Art work reads Black History Month in large type, in smaller type, Know the past, shape the future.
        BHM
            African-American/Black History Month is an annual celebration which recognizes the significant contributions of African-Americans throughout our nation’s history, through their contributions in arts, entertainment, law, politics, sciences, sports and so much more.

            SHARE IMAGE:

                Download Image
                    Image Details
                    
                    Photo By: DOD
                    
                    VIRIN: 200201-D-AA987-088**Started in 1926 by Carter Woodson as a week-long event to educate the public on the contributions of people of African descent to the nation has grown into a month long celebration honoring the accomplishments and achievements of the African American who have served and continue to serve the nation.  In a pre-recorded message, Al Hight, director, chief of diversity and equal employment office for DLA Disposition Services reflects on some of the challenges African Americans faced in the early years of our nation and guest speaker Randy Snow discusses famous Black athletes, Charles Follis and Jack Trice.  Their remarks can be seen in the video below.
#### Com. v. Sands

06/30/2016

83 WAL (2016)

Denied

Pa.Super., 136 A.3d 1038
# Defense Logistics Agency Distribution Guam, Marianas is awarded the Patricia A. Kuntz Distribution Center of the Year Award

/ Published Aug. 27, 2020
NEW CUMBERLAND, Pa., 
Maintaining a warfighter first mentality and implementing initiatives that position the Defense Logistics Agency Distribution for success, DLA Distribution Guam, Marianas, has been awarded the Patricia A. Kuntz Distribution Center of the Year Award, for small distribution centers.

With accountability a forefront thought of DDGM leaders, they implemented various programs to ensure employees maintained a high level of concentration and focus, even when tasks seemed monotonous and mundane. The effect of using positive outcomes, as opposed to negative consequences, had an immediate improvement on operations and personnel morale.

As part of DLA’s whole of government efforts, DDGM has become a forward position for the Federal Emergency Management Agency, maintaining a supply of material support and having that material pre-positioned to respond to disaster relief efforts in the DDGM area of operations.

In addition to support for FEMA, DDGM was instrumental in providing support for a high level training mission in the region. DDGM was a critical partner in preparing to receive cargo from both California and Korea, and then onboarding that cargo to the end destination in a very tight timeframe.

In a proof of concept mission, DDGM worked alongside Navy Military Sealift Command and DLA Troop Support to move 20 pallets of frozen and chilled food to one of the outer islands of Guam. This proof of concept demonstrated that DDGM has the capability to successfully extend beyond what was considered the limited range of operations for DDGM.

Implementing new training programs, DDGM initiated a training policy that provided a rotational mentoring and training program where senior leaders were able to directly train new upcoming leaders.

A leading team in accountability, program implementation and warfighter first service, DDGM has set an example and bar of excellence for other distribution centers.
#### ZRAJ Olean, LLC v Erie Ins. Co. of N.Y.

4th Dept: 134 AD3d 1557

denied
p.1 

OAR Box 1384 

Prepped by Charmelle Mathews 

Document Number: 

140) ll-E-100 

Docket Number: 

A-94-52 

Printed 7/2/2008 8:42:08 AM Sheet 140 of 264 
P.2 

A-94-52 

W-llOO 

From: 

Date: 

Contact: 

Company: 

Contact Report 

Melanie Proctor, Pacific Environmental Services, Inc. (PES) 

July 31, 1997 

Mr. Dick Matthis 

Artesian Plumbing Products (Newartesian Management Company) 

Covington, Tennessee, Plant 

Telephone Number: (419) 521-3282 

Contact Summary: 

Mr. Matthis was contacted to verify the gel coat hazardous air pollutant (HAP) content 

information provided in the 1993 EPA screening survey submitted by Artesian Plumbing 

Products. Mr. Matthis explained that the Covington, Tennessee, plant closed down in 1994. 

EPA AIR DOCKET
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

JUNE 2, 2009

THOMAS K. KAHN

CLERK

 [DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

 

No. 08-15721

Non-Argument Calendar

 

D. C. Docket No. 06-00943-CV-ORL-22-KRS

MICHAEL A. VALDIVIA, JR.,

as Personal Representative of the

Estate of Michael A. Valdivia, Sr., Deceased,

Plaintiff-Appellant,

versus

UNITED STATES OF AMERICA,

Defendant-Appellee.

 

Appeal from the United States District Court

for the Middle District of Florida

 

(June 2, 2009)

Before DUBINA, Chief Judge, BLACK and BARKETT, Circuit Judges.

PER CURIAM:
Appellant Michael A. Valdivia, Jr. (“Valdivia”), as personal representative

of the Estate of Michael A. Valdivia, Sr., deceased (“decedent”), brought an action

against the United States of America alleging medical malpractice under the

Federal Tort Claims Act, 28 U.S.C. §§ 1346(b)(1), 2671-80 (“FTCA”). 

Specifically, Valdivia, alleged that the Veterans Affairs Medical Center in Miami,

Florida (“VAMC”), through its employee medical doctors, negligently failed to

diagnose the decedent’s terminal colon cancer. 

After conducting a three-day bench trial, the district court made findings of

fact and conclusions of law. Among other things, the district court found that

VAMC violated the applicable standard of care by (1) failing to screen the

decedent for colon cancer prior to 2001 (at which time he was 69 years old), and

(2) failing to conduct follow-up testing after a fecal occult blood test (“FOBT”) on

the decedent returned a trace positive result for blood. Although the district court

found the VAMC was negligent in its care of the decedent, the court found that

neither of these breaches in care was the proximate cause of the decedent’s death. 

As is typical in medical malpractice cases, there was conflicting evidence by

experts on both sides. In the present case, the district court credited the testimony

of the government’s expert witness, board-certified colon and rectal surgeon

Michael D. Hellinger, M.D., who opined that the decedent’s cancer likely had

2
arisen from a rare, “non-polypoid colorectal neoplasm, which [had] aggressively

spread to the [decedent’s] liver at an early stage.” (Doc. 66 at 9). 

The district court also explained why it had found Dr. Hellinger’s testimony

on the issue of causation more persuasive than the contrary testimony of the expert

witness who had testified on behalf of the decedent. 

“We review for clear error factual findings made by a district court after a

bench trial.” Morrissette-Brown v. Mobile Infirmary Med. Ctr., 506 F.3d 1317,

1319 (11th Cir. 2007); Fed. R. Civ. P. 52(a). 

After reviewing the record and reading the parties’ briefs, we cannot say

that the district court’s findings concerning causation are clearly erroneous. The

district court heard the testimony of all of the witnesses in this case, including the

experts, and was entitled to credit the testimony of the government’s expert

witness over that of Valdivia’s expert witness. Accordingly, we affirm the

judgment entered in favor of the United States.

AFFIRMED.

3
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2073 Engrossed in Senate (ES)]

103d CONGRESS

  2d Session

                                S. 2073

_______________________________________________________________________

                                 AN ACT

   To designate the United States courthouse that is scheduled to be 
constructed in Concord, New Hampshire, as the ``Warren B. Rudman United 
              States Courthouse'', and for other purposes.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  2d Session
                                S. 2073

_______________________________________________________________________

                                 AN ACT

 
   To designate the United States courthouse that is scheduled to be 
constructed in Concord, New Hampshire, as the ``Warren B. Rudman United 
              States Courthouse'', and for other purposes.

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

SECTION 1. DESIGNATION OF WARREN B. RUDMAN UNITED STATES COURTHOUSE.

    The United States courthouse that (as of the date of enactment of 
this Act) is scheduled to be constructed in Concord, New Hampshire, 
shall be known and designated as the ``Warren B. Rudman United States 
Courthouse''.

SEC. 2. LEGAL REFERENCES.

    Any reference in a law, regulation, document, record, map, or other 
paper of the United States to the courthouse referred to in section 1 
shall be deemed to be a reference to the ``Warren B. Rudman United 
States Courthouse''.

            Passed the Senate August 17 (legislative day, August 11), 
      1994.

            Attest:

                                                             Secretary.
```
# Hard-work and dedication: August employees of the month demonstrate excellence during stressful times

/ Published Nov. 6, 2020
RICHMOND, Va., 
Diane Pettit, sustainment specialist, Defense Logistics Agency Aviation Cherry Point, North Carolina, and Tracy Williams, sustainment specialist Lead, DLA Aviation Ogden, Utah, were both named DLA Aviation Employee of the Month for August.

Employee of the month is awarded to DLA Aviation non-supervisory civilian employees. Two recipients are selected based on individual general schedule pay levels – one from GS 1-9 (Category 1) and one from GS 10-13 (Category 2). Recipients receive a coin, a certificate of achievement from the DLA Aviation deputy commander and a cash award.

“It means a lot to me to have my work recognized,” Williams said. “I would not be the leader I am today without my amazing team here at Hill. The confidence in me and my abilities is greatly appreciated.”

As a sustainment specialist lead, Williams was an essential part of the Commodities Maintenance Group Sustainment team, responsible for a workload of 1,695 production numbers, valued in excess of 1.8 million dollars. This being Ogden ALC’s largest and busiest workload.

“Tracy’s ability to create process improvement initiatives in August 2020 led to the second highest performance period this year,” said Williams supervisor Lance Cronin, chief of the planning and support commodities directorate. “She was proactive in addressing an ongoing issue impacting our team, which resulted in the creating of a collaborative tool that streamlines processes while maintaining accountability.”

According to William’s supervisor, Lance Cronin, planning and support commodities chief, DLA Aviation Ogden, as a result of using this tool, Williams was ultimately able to reduce the national stock number workload from 2100 to 1000 while helping reduce follow-ups by approximately 600 NSN’s. Overall, reducing her team’s workload by 48%.

As with Williams, Pettit’s performance for the month of August positively contributed to DLA Aviation’s ability to provide suitable support to its customers.

During this time, Pettit served as the sole point-of-contact, responsible for supporting the hydraulic and pneumatic components production line at Fleet Readiness Center East in Cherry Point, North Carolina.

Pettit also performed material analysis of 2,712 NSN as well as local stock numbers by gathering data from multiple automated information systems and collaborating with customer support and equipment specialists, as well as material planners.

Additionally, she oversaw 2,038 component hydraulic component orders, helping to achieve 91.4% material availability for the month of August, which is above the Navy/ DLA performance-based agreement metric of 90%.

“It is easy to get stuck in a rut or get burnt out thinking your work is mundane,” Pettit said. “Seeing the results of my work make a positive difference, not only to the customer but also to my teammates, is very encouraging.”
[Federal Register Volume 63, Number 107 (Thursday, June 4, 1998)]
[Notices]
[Page 30494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14846]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6107-4]


Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-1996

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of document availability and request for comments.

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

SUMMARY: The Draft Inventory of U.S. Greenhouse Gas Emissions and 
Sinks: 1990-1996 is available for public review, and the review period 
has been extended until July 6, 1998, in order to allow additional time 
for public comment. Annual U.S. emissions for the period of time from 
1990-1996 are summarized and presented by source category and sector. 
The inventory contains estimates of CO2, CH4, N2O, HFCs, PFCs, and SF6 
emissions, as well as estimated emissions of VOCs, NO<INF>X</INF>, CO, 
and HFCs. The approach used to estimate emissions for the greenhouse 
gases was adapted from the methodologies recommended by the 
Intergovernmental Panel on Climate Change. The U.S. Greenhouse Gas 
Inventory is being prepared to provide a basis for the ongoing 
development of a comprehensive and accurate system to identify and 
quantify emissions and sinks of greenhouse gases in the U.S. It will 
serve as part of the U.S. submission to the Secretariat of the 
Framework Convention on Climate Change and to contribute to the updates 
to the U.S. Climate Action Report. To ensure your comments are 
considered for the final version of this document, please submit your 
comments prior to July 6, 1998. However, comments received after that 
date will still be welcomed and will be considered for the next edition 
of this report.

DATES: Comments are requested by May 29, 1998.

ADDRESSES: Send requests for a copy of the document to: Mr. Wiley 
Barbour, PE, Environmental Protection Agency, Climate Policy and 
Programs Division (2175), 401 M Street, SW, Washington, DC 20460, Fax: 
(202) 260-6405.

FOR FURTHER INFORMATION CONTACT: Mr. Wiley Barbour, Environmental 
Protection Agency, Office of Policy, Climate Policy and Programs 
Division, (202) 260-6972.

SUPPLEMENTARY INFORMATION: You may view the document referenced above 
on the US EPA's homepage at www.epa.gov/globalwarming/inventory. If you 
wish to send an email with your comments you may send the email to 
<a href="/cdn-cgi/l/email-protection#d8bab9aabab7adaaf6afb1b4bda198bda8b9b5b9b1b4f6bda8b9f6bfb7ae"><span class="__cf_email__" data-cfemail="03616271616c76712d746a6f667a436673626e626a6f2d6673622d646c75">[email protected]</span></a>.

    Dated: May 20, 1998.
David M. Gardiner,
Assistant Administrator.
[FR Doc. 98-14846 Filed 6-3-98; 8:45 am]
BILLING CODE 6560-50-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### In the Matter of Troy Washington, Petitioner, v Anthony J. Annucci, Acting Commissioner, New York State Department of Corrections and Community Supervision, Respondent.

[53 NYS3d 451]

Proceeding pursuant to CPLR article 78 (transferred to the Appellate Division of the Supreme Court in the Fourth Judicial Department by order of the Supreme Court, Wyoming County [Michael M. Mohun, A.J.], entered October 4, 2016) to review a determination of respondent. The determination found after a tier III hearing that petitioner had violated various inmate rules.

It is hereby ordered that the determination so appealed from is unanimously modified on the law and the petition is granted in part by annulling that part of the determination finding that petitioner violated inmate rule 107.10 (7 NYCRR 270.2 [B] [8] [i]) and as modified the determination is confirmed without costs and respondent is directed to expunge from petitioner’s institutional record all references to the violation of that inmate rule.

Memorandum: Petitioner commenced this CPLR article 78 proceeding, transferred to this Court pursuant to CPLR 7804 (g), seeking to annul the determination, following a tier III hearing, that he violated various inmate rules. As respondent correctly concedes, the determination that petitioner violated inmate rule 107.10 (7 NYCRR 270.2 [B] [8] [i] [interference with employee]) is not supported by substantial evidence. We therefore modify the determination by granting the petition in part and annulling that part of the determination finding that *1701petitioner violated that rule, and we direct respondent to expunge from petitioner’s institutional record all references thereto. Inasmuch as petitioner has already served the penalty and there was no recommended loss of good time, there is no need to remit the matter to respondent for reconsideration of the penalty.

Contrary to petitioner’s contention, the determination finding that he violated the remaining three inmate rules is supported by substantial evidence *(see generally People ex rel. Vega v Smith,*66 NY2d 130, 139 [1985]). Petitioner failed to exhaust his administrative remedies with respect to his further contention that the Hearing Officer was biased against him because he failed to raise it in his administrative appeal, and this Court “has no discretionary power to reach [it]” *(Matter of Nelson v Coughlin,*188 AD2d 1071, 1071 [1992], *appeal dismissed*81 NY2d 834 [1993]).

Present—Smith, J.P., Peradotto, DeJoseph, NeMoyer and Curran, JJ.
SAT Report

PMN Number: P-11-0636

SAT Date: 9/23/2011

Print Date: 11/1/2011

Related cases: CBI: Yes

Health related cases: 

Ecotox related cases: 

Concern levels:

Type of Concern: Health Eco Comments

Level of Concern: 1-2 1

 Persistence Bioaccum Toxicity Comments

1 1 1 PMN

3 1 1 Hyd Pdt

Exposure Based Review:

Health: No

Ecotox: No

Routes of exposure: Health: Dermal Inhalation 

Ecotox: No releases to water

Fate: ; Hyd Pdt negl

Keywords:

 Keywords: ONCO; MUTA; SENS-L,S; IRR-L,MM

Summary of Assessment:

 Fate:

Fate Summary: P-11-0635-636

FATE: 

Liquid with MP < 25 C (E)

S = Reacts

Hydrolysis half-life = hr

VP < 1.0E-6 torr at 25 C (E)

BP > 400 C (E)

H < 1.00E-8 (E)

POTW removal (%) = 90-99 via hydrolysis; then 90 via sorption

Time for complete ultimate aerobic biodeg ≥ mo
Sorption to soils/sediments = v.strong

PBT Potential: PMN P1B1; Hyd Pdt P3B1

*CEB FATE: Migration to ground water = negl

 Health:

 Health Summary: Absorption of low molecular weight fractions 

is poor all routes (pchem); expected to react, especially in the lung. Concern 

for oncogenicity based on 

mutagenicity based on respiratory and dermal sensitization and lung and mucous 

membrane irritation based on the moiety for the low molecular weight fractions.

 Ecotox:

Test 

Organism

Test 

Type

Test End 

Point

Predicted Measured Comments

fish 96-h LC50 *

daphnid 48-h LC50 *

green algal 96-h EC50 *

fish _ chronic value *

daphnid _ chronic value *

algal _ chronic value *

Sewage Sludge 3-h EC50 _

Sewage Sludge _ Chronic Value _

Ecotox Values Comments: Predictions are based on SARs for nonionic polymers; ecotox 

chemical class: polymer-nonionic pH 7; 

hardness <180.0 mg/L as CaCO3; 100% active ingredients; mean measured concentrations; 

and TOC <2.0 mg/L;

Factors Values Comments

Assessment Factor 10

Concentration of Concern 

(ppb)

*

SARs nonionic polymers

SAR Class polymer-nonionic

Ecotox Factors Comments: 

 SAT Chair: L Keifer 564-8916
No. 12-8589.

#### McKinley *v.*United States.

C. A. 8th Cir. Certiorari denied.