alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Until this opinion appears in the Ohio Official Reports advanc e sheets, it may be cited as State v. Pilkington , Slip Opinion No. 2021-Ohio-4119.]

NOTICE This slip opinion is subject to f ormal revision before it is pu blished in an advance sheet of the Ohio Official Reports. Readers are reques ted to promptly notify the Reporter of Decisions, Supreme Court of Ohi o, 65 South Front Street, Columbus, Ohio 43215, of any typographical or other formal errors in the opinion, in order that corrections may be made before the opinion is published.

S LIP O PINION N O
. 2021-O HIO -4119
T HE S TATE OF O HIO , A PPELLANT , v. P ILKINGTON , A PPELLEE
. [Until this opinion appears in t he Ohio Official Reports advanc e sheets, it

may be cited as State v. Pilkington , Slip Opinion No. 2021-Ohio-4119.] Court of appeals’ judgment reversed on the authority of State v. Hubbard and State
v. Jarvis. (No. 2020-1139―Submitted November 10, 2021 ―Decided November 24, 2021.)
C ERTIFIED by the Court of Appeals for Logan County, No. 8-19-58.

_________________ {¶ 1} The judgment of the court of app eals is reversed on the authori ty of
State v. Hubbard , __ Ohio St.3d __, 2021-Ohio-3710, __ N.E.3d __, and State v.
Jarvis , __ Ohio St.3d __, 2021-Ohio-3712, __ N.E.3d __.
O’C ONNOR , C.J., and K ENNEDY , F ISCHER , D E W INE , D ONNELLY , S TEWART , and B RUNNER , JJ., concur.

_________________ Eric C. Stewart, Logan County Pro secuting Attorney, for appella nt.

_________________
### SERVED: October 9, 2014 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF

Christopher McCann DOCKETNO. FAA 2014-0405 (Civil Penalty Action).


### AMENDED PROCEDURAL ORDER We do not anticipate reaching this case prior to January 2015. Unless specifically changed herein all prior orders remain in effect. WHEREFORE, the parties be and are hereby ORDERED to adhere to the following procedural schedule: 1. On or before January 9, 2015, the parties shall conclude all discovery including, butnot limitedto, depositions, document production, responses to production requests and/or interrogatories. Ifthe parties cannot resolve a discoverydispute they shall submitthe dispute to the undersigned for resolution in a timely manner; 2. The parties shall be preparedto presentthis case at a hearing on or after January 9, 2015, subjectto the availability ofcourtroom facilities. The specific date and time for the hearing will be forthcoming in a separate Order.

Richard C. Goodwin U.S. Administrative Law Judge Attachment- Service ListSERVICE LIST - BY U.S. MAIL ORIGINAL & ONE COPY
Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 WilburWright Building-Suite 2Wl000 1

Christopher McCann, Respondent 1

09 4th AvenueNorth Sartell, MN 56377 BrianaMartino, Complainant's Counsel Federal Aviation Administration Regional Counsel (AGL-7) 2300 East Devon Avenue Des Plaines, IL 60018 TEL: 847-294-7313 FAX: 847-294-7498 ONE COPY

The Honorable Richard C. Goodwin,Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. (E11-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FAX: 202-366-7536 DocketNo. FAA-2014-0405 (Civil Penalty Action)

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 2
# DLA director checks in with Shadow Program alumni

/ Published Nov. 20, 2019
FORT BELVOIR, Virginia, 
Defense Logistics Agency Director Army Lt. Gen. Darrell K. Williams met DLA Shadow Program alumni for breakfast and conversation Nov. 19 at DLA Headquarters. Williams established the program in September 2018 to offer high-performing employees the opportunity to follow and observe his activities over a three-day period.

“My purpose this morning is to check back in with you. What I’m interested in is how the experience of the Shadow Program affected you,” he said. “Did it change your perspective about the agency when you returned to doing your jobs? Did it broaden your perspective on the agency’s support to our warfighters and our nation? Was the experience valuable as a career development opportunity? Do you recommend I continue the program?”

Fifteen employees have participated in the program since its inception, and Williams thanked them for sharing their experience and viewpoints with him. 

“You may not realize that a lot of what we talked about during our time together made an impact on my perspective and decision making. You all have informed my thinking in some critical ways,” he said.

The director recalled discussing with participants about improving communication across the agency. 

“I thought about that constantly as we built the new Agency Synchronization Operations Center. In that center we have representatives from all over the enterprise, so if we have to communicate and coordinate across boundaries, we have the mechanism to do that,” he said, adding that the ASOC merges DLA’s mission and business operations in one place.

Williams shared his thoughts on “Leading Change,” a document developed by DLA leadership that outlines agency priorities for the coming year. He highlighted the agency’s focus areas, which are warfighter and federal support, defense reforms, financial health of the agency, enterprise risk management, audit advancement, and innovation. 

“You can let change happen to you, or you can lead change,” the director said. 

When invited to offer their thoughts on the Shadow Program, Matt Hutchens, DLA Information Operation’s program manager for research and development, said he appreciated the up-close view of the director and his staff. Kathy Dixon, deputy chief of privacy and Freedom of Information Act officer, said the experience broadened her view of the agency’s mission and helped her better understand DLA’s priorities. 

William Smith, DLA Acquisition procurement analyst, witnessed senior leaders preparing the director for the Pentagon’s Defense Wide Review, or “Night Court.” In that setting, nicknamed a “murder board,” questioners purposely asked pointed and uncomfortable questions of the director to prepare him for the tough scenarios he was likely to face. 

“They were playing devil’s advocate trying to get the director ready to represent the agency,” Smith said. “That was a unique experience.”

Following the discussion, Lt. Gen. Williams led the entire assembly to the ASOC for the morning update where the group received a first-hand look at how the new center enhances communications across DLA.
2016-1706.

#### State v. Dominguez.

Hamilton App. No. C-150710.

O’Neill, J., dissents.

Fischer and DeWine, JJ., not participating.
# Kaveh Amirsolaimani graduates the PaCE program

/ Published Oct. 18, 2019
BATTLE CREEK, Mich., 
                Kaveh Amirsolaimani                            Kaveh Amirsolaimani graduated from the Defense Logistics Agency Pathways to Career Excellence Program Oct. 17 in Battle Creek, Michigan. Amirsolaimani will remain in Battle Creek as a property disposal specialist.            SHARE IMAGE:Download ImageImage DetailsPhoto By: Jace ArmstrongVIRIN: 191017-D-OS362-100Kaveh Amirsolaimani graduated from the Defense Logistics Agency Pathways to Career Excellence Program Oct. 17 in Battle Creek, Michigan.

Amirsolaimani will remain in Battle Creek as a property disposal specialist.

Amirsolaimani comes to DLA from Marine Corps Base Camp Pendleton, California, where he was a material examiner and identifier for the past two years.  Prior to joining DLA, he worked for the U.S. Department of Veterans Affairs in Long Beach, California, as a medical support assistant.  He served four years in the U.S. Air Force as a Non-Commissioned Officer and was stationed at Vandenberg AFB, California. 

While in the Air Force he received his Bachelor of Science Degree from the University of La Verne in Business Management.  He later obtained his teaching credentials from East Carolina University and taught public schools in North Carolina.
Presidential Documents

Federal Register / Vol. 63, No. 106 / Wednesday, June 3, 1998 / Presidential Documents 30101

Proclamation 7101 of May 29, 1998

National Alternative Fuels Week, 1998

By the President of the United States of America

A Proclamation

In today’s robust and growing economy, the United States faces major challenges in meeting the ever-increasing demand for transportation goods and

services while minimizing the adverse impact on our energy resources,

environment, and future prosperity.

Today’s American transportation system remains enormously dependent on

oil. Highway transportation alone accounts for more than half of our Nation’s

oil demand, and the number of vehicles and miles driven on our roads

is steadily increasing. Transportation is the second largest contributor to

U.S. greenhouse gas emissions and will likely be the most significant contributor by the year 2000.

Fortunately, vehicles that are powered by alternatives to conventional gasoline and diesel fuels are already on the market, and domestically produced,

renewable alternative fuels are readily available to American consumers.

These alternative fuels—such as ethanol, methanol, natural gas, propane,

electricity, and biodiesel—can make significant contributions to our energy

security and environmental quality. By increasing the use of alternative

fuel vehicles (AFVs), we can reduce our demand for imported oil, create

new products, jobs, and businesses, and improve air quality by dramatically

reducing carbon dioxide emissions as well as the hydrocarbons, nitrogen

oxides, and particulate matter that are such major contributors to urban

air pollution.

More than 350,000 AFVs are already on the road in the 60 communities

participating in the Department of Energy’s Clean Cities Program. This program is fostering the development of AFV markets in a network of cities

across the country through partnerships among fuel suppliers, vehicle fleet

operators, Federal, State, and local governments, and private sector organizations. Through the efforts of program participants, we are moving closer

to our goal of building a transportation system for our Nation that meets

the energy, economic, and environmental needs of Americans today and

of generations yet to come.

NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States

of America, by virtue of the authority vested in me by the Constitution

and laws of the United States, do hereby proclaim May 31 through June

6, 1998, as National Alternative Fuels Week. I call upon all Americans

to observe this week with appropriate programs, ceremonies, and activities.
30102 Federal Register / Vol. 63, No. 106 / Wednesday, June 3, 1998 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth

day of May, in the year of our Lord nineteen hundred and ninety-eight,

and of the Independence of the United States of America the two hundred

[FR Doc. 98–14904

Filed 6–2–98; 8:45 am]

Billing code 3195–01–P

and twenty-second.

œ–
#### Mark A. Solano et al., Respondents, v Skanska USA Civil Northeast Inc. et al., Defendants, and Durr Mechanical Construction, Inc., Also Known as DMC and Others, et al., Appellants. (And a Third-Party Action.)

[50 NYS3d 360]

Order, Supreme Court, Bronx County (Norma Ruiz, J.), entered February 24, 2016, which denied the motion of defendants Durr Mechanical Construction, Inc. and Durr Mechanical Contracting, Inc. (collectively Durr) for summary judgment dismissing the complaint and all cross claims as against them, unanimously modified, on the law, to the extent of dismissing the Labor Law § 241 (6) claim as against Durr, and otherwise affirmed, without costs.

Plaintiff Mark Solano was injured when, while working on the roof of a water treatment plant, he tripped and fell on two metal pipes protruding from the surface of the roof as he was stepping back to close the lid of a gang box.

Because discovery has not been completed, and depositions have yet to be taken, Durr’s motion, to the extent it sought dismissal of the common-law negligence and Labor Law § 200 claims, was properly denied as premature (CPLR 3212 [f]). Durr may be held liable as a statutory agent if it had been delegated authority to supervise and control the work that brought about plaintiff’s injury *(see Barreto v Metropolitan Transp. Auth.,*25 NY3d 426, 434 [2015]; *Fraser v Pace Plumbing Corp.,*93 AD3d 616 [1st Dept 2012]). Plaintiff has demon*620strated that further discovery may lead to evidence showing that Durr had supervisory authority over work involving the pipes and the area where plaintiff fell *(see Ross v Curtis-Palmer Hydro-Elec. Co.,*81 NY2d 494, 506 [1993]; *Barrios v Boston Props. LLC,*55 AD3d 339 [1st Dept 2008]).

Nevertheless, the Labor Law § 241 (6) claim should have been dismissed, since the Industrial Code section cited by plaintiff as a predicate for this claim is inapplicable. While plaintiff argues that 12 NYCRR 23-1.7 (e) (1) applies, his own submissions, including a photograph of the area where he fell, establish that the accident occurred in an open area, as opposed to a “passageway” *(DePaul v NY Brush LLC,*120 AD3d 1046, 1047 [1st Dept 2014]).

Concur — Richter, J.R, Mazzarelli, Kahn and Gesmer, JJ.
# Veterans Day: Thank those who served, still serving

/ Published Nov. 8, 2019
FORT BELVOIR, Virginia, 
Veterans Day is a well-known holiday often confused with Memorial Day. The annual observance pays tribute to all American veterans – living and dead – but is mainly a time to thank those still alive for their sacrifices. Memorial Day, celebrated in May, honors men and women who died while serving.

Originally called Armistice Day, Veterans Day occurs on Nov. 11, marking the 11th hour of the 11th day of the 11th month of 1918 that signaled the end of World War I. The name and intent officially changed in 1954 to commemorate veterans of all wars. 

Many people think the holiday is Veteran’s Day or Veterans’ Day, but it’s actually Veterans Day because the event doesn’t belong to a single veteran or group of veterans. Rather, it’s a day to appreciate and thank them.

The observance isn’t unique to America. Allies like Great Britain, France, Australia and Canada celebrate similar holidays on Nov. 11 to honor their veterans.
# C_2011287EN.01000701.xml

| 30.9.2011 | EN | Official Journal of the European Union | C 287/7 |
| --- | --- | --- | --- |

30.9.2011

EN

Official Journal of the European Union

C 287/7

---

Statement of revenue and expenditure of the European Medicines Agency for the financial year 2011 — Amending Budget No 1

(2011/C 287/02)

Establishment plan

| Function group and grade | Temporary posts |
| --- | --- |
| 2009 | 2010 | 2011 |
| AD 16 | — | 1 | 1 |
| AD 15 | 1 | 4 | 4 |
| AD 14 | 4 | 5 | 5 |
| AD 13 | 6 | 6 | 7 |
| AD 12 | 27 | 37 | 37 |
| AD 11 | 28 | 36 | 36 |
| AD 10 | 15 | 32 | 32 |
| AD 9 | 37 | 35 | 38 |
| AD 8 | 26 | 43 | 43 |
| AD 7 | 19 | 38 | 42 |
| AD 6 | 68 | 39 | 37 |
| AD 5 | 36 | 34 | 33 |
| Total Function Group AD | 267 | 310 | 315 |
| AST 11 | 1 | 2 | 2 |
| AST 10 | 1 | 4 | 4 |
| AST 9 | 2 | 8 | 8 |
| AST 8 | 3 | 13 | 13 |
| AST 7 | 13 | 18 | 19 |
| AST 6 | 16 | 35 | 34 |
| AST 5 | 16 | 35 | 35 |
| AST 4 | 34 | 46 | 49 |
| AST 3 | 50 | 36 | 32 |
| AST 2 | 21 | 40 | 40 |
| AST 1 | 87 | 20 | 16 |
| Total Function Group AST | 244 | 257 | 252 |
| Total staff | 511 | 567 | 567 |

Function group and grade

Temporary posts

2009

2010

2011

AD 16

—

1

1

AD 15

1

4

4

AD 14

4

5

5

AD 13

6

6

7

AD 12

27

37

37

AD 11

28

36

36

AD 10

15

32

32

AD 9

37

35

38

AD 8

26

43

43

AD 7

19

38

42

AD 6

68

39

37

AD 5

36

34

33

Total Function Group AD

267

310

315

AST 11

1

2

2

AST 10

1

4

4

AST 9

2

8

8

AST 8

3

13

13

AST 7

13

18

19

AST 6

16

35

34

AST 5

16

35

35

AST 4

34

46

49

AST 3

50

36

32

AST 2

21

40

40

AST 1

87

20

16

Total Function Group AST

244

257

252

Total staff

Total staff

511

511

567

567

567

567

Estimate of number of contract staff (expressed in full-time equivalents) and seconded national experts

| Contract staff posts | 31.12.2009 | 2010 | 2011 |
| --- | --- | --- | --- |
| FG IV | 40 | 51 | 68 |
| FG III | 11 | 15 | 15 |
| FG II | 39 | 57 | 64 |
| FG I | 2 | 2 | 3 |
| Total FG | 92 | 125 | 150 |
| Seconded national experts posts | 20 | 19 | 20 |
| Total | 112 | 144 | 170 |

Contract staff posts

31.12.2009

2010

2011

FG IV

40

51

68

FG III

11

15

15

FG II

39

57

64

FG I

2

2

3

Total FG

92

125

150

Seconded national experts posts

20

19

20

Total

Total

112

112

144

144

170

170

---
#### In the Matter of Michael Kunz, Respondent, v Shahadoth C., Appellant.

[49 NYS3d 291]

*601Appeal from order, Supreme Court, New York County (Carol Ruth Feinman, J.), entered June 16, 2016, which granted the petition and authorized petitioner to involuntarily retain and administer medical treatment to respondent for up to six months, unanimously dismissed, without costs, as moot.

By its own terms, the order which respondent seeks to challenge expired on December 16, 2016. Furthermore, it is undisputed that, in November 2016, respondent was transferred to another medical facility, and petitioner no longer has any direct stake in respondent’s medical treatment. Accordingly, the order is moot, and, under the circumstances presented, the exception to the mootness doctrine is inapplicable *(see Matter of Hearst Corp. v Clyne,*50 NY2d 707, 714-715 [1980]).

Concur — Friedman, J.R, Sweeny, Renwick, Andrias and Manzanet-Daniels, JJ.
Distribution Deputy Commander hosts town hall, tours facilities and recognizes retiring director at DLA Distribution Albany, Georgia
 
  By By Dawn Bonsell, DLA Distribution Public Affairs
  Defense Logistics Agency Distribution Deputy Commander, Ms. Twila Gonzales, Senior Executive Service, hosted a DLA Distribution Albany, Georgia, town hall Sept. 24. During the town hall, Gonzales discussed the agency’s current landscape, emphasizing that DLA Distribution plans to move into the 21st century. “Going into this next fiscal year, Distribution is going to get out of the trenches and get ahead of the game,” said Gonzales. She went on to discuss a major transformation in how we lead, train, and how we get the work done to reshape the battlefield. According to Gonzales, “We will be simplifying our processes, transforming our productivity; reengineering how we see ourselves is going to be a vital avenue toward reaching our end state of reduced costs and realizing savings mandated by reform.” Following the town hall, Gonzales toured DDAG, discussing warehouse storage aid improvements, new procurement materials and railcar loading operations with employees. Before departing, Gonzales hosted a retirement ceremony for outgoing DDAG Director, Ms. Rita Varner. Varner, who served a total of 32 years of federal service, was presented with a DLA Exceptional Civilian Service Award for her 10 years of service to DDAG. “Not only has she served as a strategic leader, her efforts helped shape the path of logistics throughout her tenure and into the future,” said Gonzales. Varner also received the DLA Distinguished Career Service Award, a retirement certificate and plaque, a DLA flag, a DLA Silver Letter from DLA Director Army Lt. Gen. Darrel K. Williams and a Senior Executive Service note from Gonzales that stated, “Without a doubt, our warfighting customers were in good hands when you were involved in their support. You were always sensitive to their needs as you provided outstanding logistics support ... on time, on target ... all of the time.” Gonzales also presented Varner’s husband with a certificate of appreciation for his support to both his wife as well as DLA and the Department of Defense.
#### In the Matter of Kimberly S.K. Administration for Children’s Services, Respondent; Kimberly K., Appellant, et al., Respondent. In the Matter of Kirstin J.K. Administration for Children’s Services, Respondent; Kimberly K, Appellant, et al., Respondent. In the Matter of Kristin K. Administration for Children’s Services, Respondent; Kimberly K., Appellant, et al., Respondent.

[51 NYS3d 895]

Appeal by the mother from an order of the Family Court, Queens County (Joan L. Pic-cirillo, J.), dated February 24, 2016. The order denied the mother’s motion to vacate certain orders of protection that were entered against her upon her failure to appear at a hearing.

Ordered that the order is affirmed, without costs or disbursements.

In these proceedings, the Family Court issued orders of protection against the mother and in favor of her children upon the mother’s failure to appear at a hearing. In the order on appeal, the court denied the mother’s motion to vacate the orders of protection entered upon her default.

A party seeking to vacate an order of protection entered upon his or her default in appearing for a hearing must demonstrate a reasonable excuse for the default and a potentially meritorious defense to the petition *(see*CPLR 5015 [a] [1]; *Matter of Williams v Williams,*148 AD3d 917 [2017]; *Matter of Idieru v Jeanpierre,*122 AD3d 852, 852 [2014]; *Matter of Nunez v Lopez,*103 AD3d 803, 804 [2013]; *Matter of Mongitore v Linz,*95 AD3d 1130, 1130 [2012]). “ ‘The determination of whether to relieve a party of an order entered upon his or her default is within the sound discretion of the Family Court’ ” *(Matter of Williams v Williams,*148 AD3d at 917, quoting *Matter of Nunez v Lopez,*103 AD3d at 804; *see Matter of Lee v Morgan,*67 AD3d 681, 682 [2009]). Here, the Family Court providently exercised its discretion in denying the mother’s motion to vacate the orders of protection entered upon her default in appearing at the hearing, as the mother failed to establish that she had a potentially meritorious defense to the petitions.

Dillon, J.P., Cohen, Duffy and Connolly, JJ., concur.
Exhibit 32.01

SECTION 1350 CERTIFICATION

In connection with the Annual Report of Macrovision Corporation (the
Company) on Form 10-K for the period ending December 31, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), Alfred J. Amoroso certifies in his capacity as Chief Executive Officer
of the Company, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350, as adopted), that to the best of his knowledge:

(a) 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

(b) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operation of the Company.

IN WITNESS WHEREOF, the undersigned has hereunto signed this Certification as of February 26, 2008.



/s/    ALFRED J.
AMOROSOAlfred J. Amoroso Chief Executive Officer
<PAGE>

                                                                       EXHIBIT 8

EURO TECH HOLDINGS COMPANY LIMITED, FORM 20-F (12/31/00)

List of Subsidiaries

<TABLE>
<CAPTION>

                                                Jurisdiction of
      Name                                      Incorporation
      ----                                      ---------------

<S>                                             <C>
      Euro Tech (Far East) Ltd.                 Hong Kong

      Shanghai Euro Tech Limited                PRC

      Euro Tech Trading (Shanghai) Limited      PRC

      Euro Tech (China) Limited                 Hong Kong (Inactive)

      Chinah20.com, Ltd.                        Hong Kong
</TABLE>





                                      -1-