alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Presidential Documents]
[Page 32709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16138]




                        Presidential Documents 



Federal Register / Vol. 63, No. 115 / Tuesday, June 16, 1998 / 
Presidential Documents

[[Page 32709]]


                Presidential Determination No. 98-28 of June 3, 1998

                
Determination Under Subsection 402(d)(1) of the 
                Trade Act of 1974, as Amended--Continuation of Waiver 
                Authority

                Memorandum for the Secretary of State

                Pursuant to the authority vested in me under the Trade 
                Act of 1974, as amended, Public Law 93-618, 88 Stat. 
                1978 (hereinafter the ``Act''), I determine, pursuant 
                to subsection 402(d)(1) of the Act, 19 U.S.C. 
                2432(d)(1), that the further extension of the waiver 
                authority granted by section 402 of the Act will 
                substantially promote the objectives of section 402 of 
                the Act. I further determine that continuation of the 
                waiver applicable to the Republic of Belarus will 
                substantially promote the objectives of section 402 of 
                the Act.

                You are authorized and directed to publish this 
                determination in the Federal Register.

                    (Presidential Sig.)<Clinton1><Clinton2>

                THE WHITE HOUSE,

                    Washington, June 3, 1998.

[FR Doc. 98-16138
Filed 6-15-98; 8:45 am]
Billing code 4710-10-M
No. 10-6044.

#### Billy D. Alverson, Petitioner v. Randy Workman, Warden.

562 U.S. 1008, 131 S. Ct. 512,

2010 U.S. LEXIS 8468.

178 L. Ed. 2d 379,

November 1, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Tenth Circuit denied.

Same case below, 595 F.3d 1142.
#### Felix Medrano et al., Respondents, v Port Authority of New York and New Jersey et al., Appellants.

[62 NYS3d 338]

Order, Supreme Court, New York County (David B. Cohen, J.), entered July 25, 2016, which, to the extent appealed from as limited by the briefs, granted plaintiffs’ motion for partial summary judgment on the Labor Law § 240 (1) claim as against defendant Port Authority of New York and New Jersey (Port Authority), unanimously reversed, on the law, without costs, and the motion denied.

Although plaintiffs established their prima facie entitlement to partial summary judgment on their Labor Law § 240 (1) claim *(see Faver v Midtown Trackage Ventures, LLC,*150 AD3d 580 [1st Dept 2017]), Port Authority’s evidence was sufficient to raise a triable issue of fact. The injured plaintiff testified that while he was applying fireproofing material to a ceiling beam by hand he fell from an unsecured defective ladder that was supplied to him by his assistant foreman, to whom he had complained about the ladder. However, his assistant foreman *522averred that he had not supplied the ladder, and that plaintiff had not complained to him about it, and his coworker averred that plaintiff had worked from the ground all day. Thus, his affidavit contradicted the injured plaintiffs account of the accident, and called into question his credibility *(see Smigielski v Teachers Ins. & Annuity Assn. of Am.,*137 AD3d 676, 676 [1st Dept 2016]; *Macchia v Nastasi White, Inc.,*26 AD3d 225 [1st Dept 2006]).

Concur — Tom, J.P., Richter, Andrias, Gesmer and Singh, JJ.
# Susquehanna’s “780 Move Crew” receives Team of the Quarter Award

/ Published Oct. 23, 2015
NEW CUMBERLAND, Pennsylvania, 

Defense Logistics Agency Distribution Susquehanna, Pa’s., “780 Move Crew” has received the Team of the Quarter Award for third quarter, fiscal year 2014, for their efforts in optimizing and relocating stock from Building 5, to Building 780.

The team was made up of 64 voluntarily-detailed employees throughout DLA Distribution Susquehanna.  “They arrived highly motivated and engaged as volunteers on different non-preferred shifts, and were then assigned to move the entire inventory from Building 5 to the newly-erected Building 780,” said Brad Yiengst, optimization manager at the distribution center.

The team was able to overcome challenges including a limited number of dock doors available, limited material handling equipment to use in the old building, and the team was working in a World War I-era building.  “It seemed like a daunting and unachievable task, but this group was highly motivated and willing to accept any challenge,” said Yiengst.  “They put aside their personal goals and began to believe in each other, naming themselves the ‘780 Move Crew’ and decried they would shock the world and complete the mission on time, safely and efficiently.”

The 780 Move Crew began on June 9.  Building 5 had more than 6,300 locations of more than 5,400 National Stock Numbers, for a total extended cube of approximately 210,000 throughout nine bays (approximately 1.1 million square feet).   All material needed verification of Kind, Count, and Condition prior to leaving Building 5, as well as upon its arrival at Building 780.  The team split equally between the two buildings and extended to a two-shift operation.

By June 19, Building 5’s extended cube of material was zero.  Working at a 139 percent production rate, the ‘780 Move Crew’ completed their task.  “What was thought to be inconceivable became believable,” said Yiengst.  “The team put forth staggering numbers during 11 days.  Their most notable achievements were emptying five bays of bulk within five days and sustaining zero discrepancies during the entire move.”

“This team exemplifies what is possible when a group of employees unite to complete a common goal while faced with adversity,” concluded Yiengst.
No. 10-6022.

#### Cedric Greene, Petitioner v. Lee’s Maintenance Services, et al.

562 U.S. 970, 131 S. Ct. 477,

178 L. Ed. 2d 302,

2010 U.S. LEXIS 8079,

October 12, 2010.

Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.
Contracting staff from Richmond strengthen ties with counterparts at Cherry Point
 
  By Natalie Skelton, DLA Aviation Public Affairs
  Several employees from Defense Logistics Agency Aviation Richmond, Virginia, visited DLA Aviation at Cherry Point, Marine Corps Air Station Cherry Point, North Carolina in early February to strengthen relationships and to discuss daily functions and challenges. DLA Aviation staffers who attended the tour and discussion were Division Chief Shannon Kersch, Division Chief Kelvin Goodwine, Military Deputy Division Chief Major Genarda Bates, Branch Chief Felicia Callands, Contract Specialist Supervisor LaShunta Horne, Contract Specialist DeShawn Terrell, Contract Specialist Nicholas Meads, and Branch Chief Israel Miranda, all who serve in Contract Administration Division’s post awards within the Supplier Operations Commodities Directorate. “Our FAW [Contract Administration Division] teammates enlightened everyone on the sheer volume of contracts for which they are responsible for and the processes they go through to better support the retail sites,” said DLA Aviation at Cherry Point Deputy Commander Josh Waller. Waller said Cherry Point provides details on daily routines of the retail site and its interaction with Fleet Readiness Center East customers and the dynamic environment driving ever-changing requirements. A detailed walk-through of the installation was led by DLA Aviation at Cherry Point Operations Officer Marine Corps Maj. Barry Loseke, who showed the Richmond team the work in progress at aircraft and engine shops. Guests also saw the Aviation retail warehouse, where DLA Distribution at Cherry Point, North Carolina employees Deputy Director Jennifer Davis and Director Kevin Taylor discussed the receiving and storage process as well as the impact that contracting actions have on the ability to execute workloads in a timely manner. Waller said the visit produced a wealth of shared knowledge between DLA Aviation Richmond and DLA Aviation at Cherry Point, and  solidified the working relationship needed to provide the highest level of support to customers. “We are looking forward to future site visits to share knowledge and ideas of how we can better support FRC East, and the Warfighter,” Waller said.
#### People v Leach

2d Dept: 137 AD3d 1300 (Kings)

denied 8/16/16 (Garcia, J.)
# Wanack recognized for achievements as commander of Bahrain distribution center

/ Published May 25, 2016
MANAMA, Bahrain, 
Navy Supply Corps Cmdr. Todd A. Wanack has been awarded the Defense Meritorious Service Medal for his achievements while serving as commander, Defense Logistics Agency Distribution Bahrain, Southwest Asia.

DLA Distribution, Bahrain, Southwest Asia, receives, stores, ships, and issues stock, while providing inventory control, care of stock in storage, packaging, and preservation. Additionally, as a part of this mission, DLA Distribution Bahrain, Southwest Asia provides tailored distribution services through its Material Processing Center. Materiel in storage includes clothing, housekeeping supplies, petroleum products, construction materials, repair parts and component items, and mapping products.

During Wanack’s one year tenure as commander, he lead a diverse group of 52 military, civil servants, contractors, local nationals and third country nationals across multiple location.  He expanded Central Command’s only DLA Distribution center, increasing on hand stock to 8,700 national stock numbers and sales to 41 million dollars while overseeing 60,000 transshipments.

Additionally, Wanack established a foundation for growth, increasing the distribution centers manning by 21 percent, and allowing the establishment of a material processing center and transshipment capabilities in Oman that will provide expanded logistic support to maritime assets outside the Strait of Hormuz.

Furthermore, Wanack prioritized warfighter support through continuous customer feedback and used the information to improve the distribution centers forward stocking posture while ensuring complete visibility of DLA’s services in the theater. 

By creating relationships with key logistics partners throughout the region, Wanack was able to build trust that eliminated redundant supply lines to the 5th Fleet area of operation while reducing the cost to both the Navy and DLA.

Wanack established security requirements for the distribution compounds across two countries, including increasing barrier protection, surveillance systems, manned security and safe rooms.
No. 10-6282.

#### Mindy Zied, Petitioner v. Michael J. Astrue, Commissioner of Social Security, et al.

562 U.S. 1013, 131 S. Ct. 528,

178 L. Ed. 2d 389,

2010 U.S. LEXIS 8609.

November 1, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.

Same case below, 347 Fed. Appx. 862.
** **

**Exhibit 32.1**

** **

**COBIZ FINANCIAL INC.**

**CERTIFICATION**

 

Pursuant to 18 U.S.C. §1350, the undersigned officer of CoBiz Financial Inc. (the “Company”), herebycertifies that the Company’s annual report on Form 10-K, as amended, forthe year ended December 31, 2009 (the “Report”), fully complies with therequirements of Section 13(a) or 15(d), as applicable, of theSecurities Exchange Act of 1934, and that the information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 
| Date:  March 3, 2010 | /s/ Steven Bangert |
|---------------------------|--------------------|
|                      | Steven Bangert     |
|                      | Chairman and CEO   |

 

----
Exhibit 32.2

MTS SYSTEMS CORPORATION
CERTIFICATION OF CHIEF FINANCIAL OFFICER
PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002 (18 U.S.C. 1350)

The
undersigned, Susan E. Knight, the Chief Financial Officer of MTS Systems
Corporation (the Company), has executed this Certification in connection with
the filing with the Securities and Exchange Commission of the Companys
Quarterly Report on Form 10-Q for the fiscal quarter ended December 27, 2008
(the Report).

The
undersigned hereby certifies that:

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

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

A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the SEC or its
staff upon request.

|                        |                                     | 
|----------------------- | ----------------------------------- | 
|Date:
 February 2, 2009 |                                    
|                        |                                     | 
|                        | /s/
 SUSAN E. KNIGHT                | 
|                        | Susan
 E. Knight                   
|                        | Vice
 President and Chief Financial
|                        | Officer                            

---
2017-1167.

#### State v. Roberts.

Hamilton App. Nos. C-140331 and C-160556, 2016-Ohio-903. On motion for leave to file delayed *1451appeal. Motion denied.

O’Neill, J., dissents.

Fischer and DeWine, JJ., not participating.
#### Susan Sermoneta, Respondent, v New York City Transit Authority, Appellant.

[58 NYS3d 19]

Order, Supreme Court, New York County (Robert R. Reed, J.), entered July 18, 2016, upon a jury verdict, awarding plaintiff $700,000 for past pain and suffering and $2 million for future pain and suffering over 15 years, unanimously modified, on the facts, to vacate the award for future pain and suffering, and the matter remanded for a new trial solely on the issue of those damages, unless plaintiff stipulates, within 20 days of service of a copy of this order with notice of entry, to reduce the award for future pain and suffering to $1 million and to entry of an amended judgment in accordance therewith, and otherwise affirmed, without costs.

Plaintiff sustained injuries when nonparty David Cloud slipped on slime oozing from a trash can on a subway platform and fell, knocking plaintiff over. The jury could fairly and rationally have concluded that Cloud was not negligent based on the evidence presented at trial, including Cloud’s testimony that he was not in a rush and that he had never seen slime in that location before *(see Lolik v Big V Supermarkets,*86 NY2d 744 [1995]; *Cohen v Hallmark Cards,*45 NY2d 493 [1978]). Contrary to defendant’s contention that, as a matter of law, the slime was an open and obvious condition that was not inherently dangerous, the jury could reasonably have found that the slimy condition was inherently dangerous or that the condition on the floor of a crowded, rush-hour subway station constituted a trap for the unwary *(see Mauriello v Port Auth. of N.Y. & N.J.,*8 AD3d 200 [1st Dept 2004]).

The award of $700,000 for five years of past pain and suffering, although high, is not excessive (CPLR 5501 [c]; *see Diaz v City of New York,*80 AD3d 425 [1st Dept 2011]; *Clotter v New York City Tr. Auth.,*68 AD3d 518, 519 [1st Dept 2009], *lv denied*14 NY3d 713 [2010]). Plaintiff continues to experience pain and difficulty bending her knee as a result of traumatic arthritis caused by the accident. In addition, she presented voluminous evidence of mental anguish and loss of enjoyment of life, including testimony by her treating psychiatrist and a *566forensic psychiatrist, which defendant did not rebut with expert testimony.

The award of $2 million for 15 years of future pain and suffering is, however, excessive, as compared to other cases involving similar injuries, including cases where, as here, the plaintiff is expected eventually to need a total knee replacement *(see e.g. Reyes v New York City Tr. Auth.,*126 AD3d 612 [1st Dept 2015]; *Diaz,*80 AD3d 425; *Clotter,*68 AD3d 518; *Calzado v New York City Tr. Auth.,*304 AD2d 385 [1st Dept 2003]; *Gonzalez v New York City Tr. Auth.,*87 AD3d 675 [2d Dept 2011]). However, none of those cases cites evidence of mental anguish and loss of enjoyment of life akin to the substantial trial evidence in this case. The reduction here is appropriate in light of plaintiffs age and the fact that her ability to travel and take photographs, while being adversely affected, has not been totally curtailed.

Concur — Tom, J.P., Renwick, Manzanet-Daniels and Kapnick, JJ.
2017-0525.

#### State v. Rice.

Ashtabula App. No. 2015-A-0071, 2017-Ohio-501. On motion for leave to file delayed appeal. Motion denied.

Kennedy, O’Neill, and Fischer, JJ., dissent.
No. 10-5784.

#### Albert Insua, Petitioner v. J. McDonald, Warden.

562 U.S. 967, 131 S. Ct. 467,

178 L. Ed. 2d 297,

2010 U.S. LEXIS 7953.

October 12, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Same case below, 369 Fed. Appx. 853.
[Federal Register Volume 63, Number 111 (Wednesday, June 10, 1998)]
[Notices]
[Page 31751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15372]


=======================================================================
-----------------------------------------------------------------------

COMMISSION OF FINE ARTS


Notice of Meeting

    The next meeting of the Commission of Fine Arts is scheduled for 
June 18, 1998 at 10:00 a.m. in the Commission's offices at the National 
Building Museum (Pension Building), Suite 312, Judiciary Square, 441 F 
Street, N.W., Washington, D.C. 20001. The meeting will focus on a 
variety of projects affecting the appearance of the city.
    Inquiries regarding the agenda and requests to submit written or 
oral statements should be addressed to Charles H. Atherton, Secretary, 
Commission of Fine Arts, at the above address or call 202-504-2200. 
Individuals requiring sign language interpretation for the hearing 
impaired should contact the Secretary at least 10 days before the 
meeting date.

    Dated in Washington, D.C., June 2, 1998.
Charles H. Atherton,
Secretary.
[FR Doc. 98-15372 Filed 6-9-98; 8:45 am]
BILLING CODE 6330-01-M
No. 10-5366.

#### Demerris Walker, Petitioner v. Perry Phelps, Warden, et al.

562 U.S. 917, 131 S. Ct. 284,

2010 U.S. LEXIS 6891.

178 L. Ed. 2d 187,

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Third Circuit denied.
[Federal Register Volume 63, Number 120 (Tuesday, June 23, 1998)]
[Notices]
[Page 34143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16584]


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

COMMISSION ON CIVIL RIGHTS


Agenda and Notice of Public Meeting of the Minnesota Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights, that a meeting of 
the Minnesota Advisory Committee to the Commission will convene at 1:00 
p.m. and adjourn at 5:00 p.m. on July 9, 1998, at the Crowne Plaza 
Northstar Hotel, 618 Second Avenue South, Minneapolis, Minnesota. The 
purpose of the meeting is to hold a press conference to release the 
Committee's report Focus on Affirmative Action, discuss civil rights 
issues, and plan future activities.
    Persons desiring additional information, or planning a presentation 
to the Committee, should contact Committee Chairperson Alan W. 
Weinblatt, 612-292-8770, or Constance M. Davis, Director of the 
Midwestern Regional Office, 312-353-8311 (TDD 312-353-8362). Hearing-
impaired persons who will attend the meeting and require the services 
of a sign language interpreter should contact the Regional Office at 
least ten (10) working days before the scheduled date of the meeting.
    The meeting will be conducted pursuant to the provisions of the 
rules and regulations of the Commission.

    Dated at Washington, DC, June 11, 1998.
Carol-Lee Hurley,
Chief, Regional Programs Coordination Unit.
[FR Doc. 98-16584 Filed 6-22-98; 8:45 am]
BILLING CODE 6335-01-P
<PAGE>

                                                                    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 of Loudeye Corp. (the "Company")
on Form 10-Q for the period ending March 31, 2004 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Jeffrey M. Cavins,
Chief Executive Officer and President of the Company, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that TO the best of my knowledge:

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

      2)    The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of the
Company as of the date of the financial statements contained therein.

/S/ JEFFREY M. CAVINS
--------------------------------------
Jeffrey M. Cavins
Chief Executive Officer and President
May 17, 2004

                                       45
<PAGE>
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 of Loudeye Corp. (the "Company") on Form
10-Q for the period ending September 30, 2005 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Michael A. Brochu,
President and Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002, that to the best of my knowledge:

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

2) The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company as of
the date of the financial statements contained therein.

/s/ MICHAEL A. BROCHU
-------------------------------------
Michael A. Brochu
President and Chief Executive Officer
November 9, 2005

* A signed original of this written statement required by Section 906 has been
provided to Loudeye Corp. and will be retained by Loudeye Corp. and furnished to
the Securities and Exchange Commission or its staff upon request.