alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 15-50204

PHOUNG C., as Next Friend of Z.C., 

 Plaintiff - Appellant

v.

KILLEEN INDEPENDENT SCHOOL DISTRICT, 

 Defendant - Appellee

Appeal from the United States District Court 

for the Western District of Texas

USDC No. 6:14-CV-86

Before JOLLY, HIGGINBOTHAM, and SMITH, Circuit Judges.

PER CURIAM:*

The appellant, minor child Z.C. by next friend, Phoung C., seeks 

reimbursement from the Killeen Independent School District (KISD) for her 

unilateral choice to withdraw Z.C. from KISD and enroll her in a private 

school. Phoung C. contends that the public school failed to provide Z.C. with a 

Free and Adequate Public Education (FAPE), and that under the Individuals 

 

* 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.

United States Court of Appeals

Fifth Circuit

FILED

October 20, 2015

Lyle W. Cayce

Clerk

 Case: 15-50204 Document: 00513238496 Page: 1 Date Filed: 10/20/2015
No. 15-50204

2

with Disabilities Education Act (IDEA), she is therefore entitled to the cost of 

private education.

Phoung C. first filed for a due process hearing with a due process Hearing 

Officer (H.O.), who determined that KISD had provided Z.C. with a FAPE.

After Phoung C. sought review in the district court, KISD moved for and 

obtained summary judgment affirming the H.O.’s decision. Phoung C. appeals 

that judgment here. 

We have reviewed the briefs and applicable law and have consulted the 

pertinent portions of the record, including the hearing officer’s comprehensive 

review of the facts. We have also heard the helpful oral arguments of counsel. 

There is no reversible error. The summary judgment is AFFIRMED, 

essentially for the reasons given by the district court. 

 Case: 15-50204 Document: 00513238496 Page: 2 Date Filed: 10/20/2015
#### Magaskie v. Wawa, Inc.

05/04/2016

27 EAL (2016)

Denied

Pa.Super., 135 A.3d 654
#### Loretta Schulman et al., Respondents, v City of New York et al., Respondents, and Fra-Ming Realty Corp., Appellant, et al., Defendants.

[68 NYS3d 76]

Order, Supreme Court, New York County (Lynn R. Kotler, J.), entered December 30, 2016, which denied defendant FraMing Realty Corp.’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

Plaintiff Loretta Schulman alleges that she tripped and fell on a metal protrusion and/or sign post “stump” on a public sidewalk located in front of 123-125 East 90th Street, which is owned by defendant Fra-Ming Realty Corp. and maintained by its managing agent, nonparty Wallack Management Co., Inc.

After reviewing the record, we find that defendant established that its employees did not create the alleged defect by submitting the deposition testimony of its part-owner that defendant performed no work to the subject section of the sidewalk before the accident *(see Nepomuceno v City of New York,*137 AD3d 646, 646-647 [1st Dept 2016]). The part-owner’s testimony also established that defendant lacked actual or constructive notice of the alleged condition, because he testified that prior to plaintiff’s accident, he was unaware of any complaints or accidents on the sidewalk, and had received no violations concerning the sidewalk *(see Parra v City of New York,*137 AD3d 532, 533 [1st Dept 2016], citing *Gomez v Con*
      *549
      *gregation K’Hal Adath Jeshurun, Inc.,*104 AD3d 456, 456 [1st Dept 2013]). In opposition, plaintiff and codefendant City of New York failed to raise a triable issue of fact.

Concur—Friedman, J.P., Mazzarelli, Kapnick, Webber and Moulton, JJ.
P. 1 

# PICK-U P DATE :
BO X 

# 10 O F 

# 1 0 Step2 : FO RASR C INTERNA

L US E ONLY 

### (PARTA_

_0 

### f_ B )



# EP ADOCKE TID : 102RQ-R N

41 ) 102RQ-RN-5- 3 43 ) 102RQ-RN-5- 5 45 ) 102RQ-RN-5- 7 47 ) 102RQ-RN-5- 9 49 ) 102RQ-RN-5-1 1 51 ) 102RQ-RN-5-1 3 53 ) J02RQ-RN-5-1 5 55) ( 102RQ-RN-3- 4 J

. 57 ) 59 ) 61 ) 63 ) 65 ) 67 ) 69 ) 71 ) 73 ) 75 ) 77) 79) Ste p 3 : FOR ASR C INTERNA LUS E ONL Y 

### CD :
OA : / 

# 42 ) 102RQ-RN-5- 4 44 ) 102RQ-RN-5- 6 46 ) 102RQ-RN-5- 8 48 ) 102RQ-RN-5-1 0 50 ) 102RQ-RN-5-1 2 52 ) 102RQ-RN-5-1 4 54 ) 102RQ-RN-5-3 1 56 ) 102RQ-RN-2-5- 1 58 ) 60 ) 62 ) 64 ) 66 ) 68 ) 70 ) 72 ) 74 ) 76 ) 78 ) 80 )

Stepl : FOR ASR

C INTERNA LUS E ONL Y^ Are there more documents fo rthi s Docke ti n anothe rbox? (*)/E q / N O Til l ou tContinuatio n Shee tan d go t o Ste p 2

Interna l SFUN D Bo

xNumbe r .3 5 O F 283

_ Initials/Date : LD S / 3-8-200 7P. 2 

### /Omr-re^-^/j- s -y

DE C 

## 198 6 REFERENCE S 

### Atoni c Energ yAc t

of 195 4 Clea nAi r

Ac t Clea n W&te r Ac t Comprehensiv e Environmenta l Response , Compensation , an d Liabilit y Ac t o f 198 0 Federa l Insecticide , Fungicide , an d Rodenticid e Ac t Federa l Wate r Pollutio n Contro l Ac t Paperwor k Reductio n Ac t o f 198 0 RegulatoryFlexibilit yAc t o f 198 0 Resourc e Conservatio n an d RecoveryAc t Soli d Wast e Disposa l Ac t Superfun

d Amendment s an

d Reauthorizatio n Ac t o f 198 6 Toxi c Substance s Contro l Ac t Uraniu mMil l Tailing s Radiatio n Contro l Ac t o f 197 8
Executiv e Orde r 1229 1
Federa l Radiologica l Monitoring an d Assessmen t Pla n Hazardou s Material s Regulation s (4 9 CF RPart s 171-177 ) Nationa l Oi l an

d Hazardou s Substance s Contingenc yPla n Notificatio n Requirements ; Reportabl e Quantit yAdjustment s an d Designatio n o f Additiona l Hazardou s Substances , Advance d Notic e o f Propose d Rulemaking Notificatio n Requirements ; Reportabl e Quantit yAdjustments ; Fina l Rule ; an d Additiona l Hazardou s Substances , Propose d Rul e Nuclea r RegulatoryCcmmissio n Propose d Revision s t o 1 0 CF RPar t 20 , 5 1 F R1092 , 1/9/8 6 Statemen t o f Interpretatio n 4 3 F R11110 , 3/16/7 8 Superfun

d Programs ; Reportabl e Quantit yAdjustments ; Fina l Rul e Uraniun Fue l Cycl e Standard s (4 0 CF RPar t 190 ) Uraniun Mil l Tailing s Rul e (4 0 CF RPar t 192 )

Annua l Limitation s o f Intak e (ALIs ) develope d b yth e Internationa l Commissio n o n Radiatio n Protectio n Internationa l Commissio n o n Radiatio n Protection , Publicatio n #3 0
U.S

. Departmen t o f Transportatio n an d Nuclea r RegulatoryCommissio n Memorandu

mo f Understanding , 4 4 F R38690 , 7/2/7 9
Exempte d Facilitie s - 1 0 CF RPart s 30 , 40 , 5 0 & 7 0P. 3

U.S

. Environmenta l Protectio n Agency , Remedia l Respons e a t Hazardou s Wast e Sites , Marc h1984

.
U.S

. Nuclea r RegulatoryCommission , 198 4 Annua l Report

.
# DLA Troop Support celebrates its latest civilian retiree 

/ Published March 31, 2023
PHILADELPHIA, 
Regina D. Jones, acquisition specialist with Defense Logistics Agency Troop Support, was honored at a retirement ceremony for 33 years of government service on Mar. 29, 2023, in Philadelphia. 

Surrounded by her family, former co-workers, and friends, Jones was lauded for her commitment to various federal agencies throughout her career and to the DLA Troop Support mission.  

“That’s 33 years of dedication supporting warfighters around the globe,” said DLA Troop Support Deputy Commander Kishayra J. Lambert. “That deserves a round of applause.” 

Jones began her government career in 1990 at the Aviation Supply Office as a clerk typist in the Weapon Systems branch. Within two years, she was promoted to the Department of the Navy Human Resources Office as a personnel action clerk. 

After five years, Jones decided to change her career track and focus on the field of logistics. She was transferred back to the Weapons Systems Management division as a secretary. While there, Jones competed and was accepted into the Professional Logistics Management Program where she earned a Bachelor of Science degree in business management with a minor in logistics management from La Salle University. 

In 2004, Jones accepted an upward mobility promotion with the Defense Contract Management Agency as an acquisition specialist. 

Jones transferred to DLA Troop Support in 2018 and—as of this ceremony—is retired from her position as an acquisition specialist in the Construction and Equipment supply chain. 

“You represent the ideals and values of our great workforce and our organization,” said Lambert. “And you have made a lasting impact on the legacy of DLA Troop Support.” 

Jones looks forward to traveling, volunteering and spending more time with her grandchildren in her retirement. 

“It’s hard to believe this day is finally here,” said Jones. “I’m going to miss all my co-workers and everybody but just don’t forget about me. I won’t forget you.”
No. 09-11265.

#### Robert Warren, Petitioner v. Bill McCollum, Attorney General of Florida, et al.

562 U.S. 870, 131 S. Ct. 170,

178 L. Ed. 2d 101,

2010 U.S. LEXIS 6602.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
No. 10-5703.

#### Charles Edward Jones, Petitioner v. United States.

562 U.S. 935, 131 S. Ct. 338,

178 L. Ed. 2d 219,

2010 U.S. LEXIS 7545.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Eleventh Circuit denied.
No. 09-10848.

#### Melvin Stinson, Petitioner v. United States.

562 U.S. 854, 131 S. Ct. 114,

178 L. Ed. 2d 70,

2010 U.S. LEXIS 6074.

October 4, 2010.

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

Same case below, 592 F.3d 460.
No. 10-5876.

#### Julio Leija-Sanchez, Petitioner v. United States.

562 U.S. 955, 131 S. Ct. 354,

178 L. Ed. 2d 255,

2010 U.S. LEXIS 7757.

October 4, 2010.

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

Justice Kagan took no part in the consideration or decision of this petition.

Same case below, 602 F.3d 797.
No. 09-10988.

#### Juan Hernan Lemus, Petitioner v. United States.

562 U.S. 858, 131 S. Ct. 129,

178 L. Ed. 2d 78,

2010 U.S. LEXIS 6144.

October 4, 2010.

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

Same case below, 582 F.3d 958.
No. 10-6071.

#### Akande L. Johnson, Petitioner v. United States.

562 U.S. 944, 131 S. Ct. 367,

178 L. Ed. 2d 237,

2010 U.S. LEXIS 7200.

October 4, 2010.

Petition for writ of certiorari to the District of Columbia Court of Appeals denied.

Same case below, 980 A.2d 1174.
No. 10-5591.

#### Marcus Thurmon, Petitioner v. United States.

562 U.S. 930, 131 S. Ct. 324,

2010 U.S. LEXIS 7633.

178 L. Ed. 2d 210,

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.
New Chemical Substance: TS- 11KK6FRedacted
No. 10-193.

#### William Schell, et ux., Petitioners v. United States.

562 U.S. 897, 131 S. Ct. 346,

178 L. Ed. 2d 148,

2010 U.S. LEXIS 6285.

October 4, 2010.

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

Same case below, 589 F.3d 1378.
#### Ana Ramona Liranzo, Respondent, v Apartment Company, LLC, Appellant.

[50 NYS3d 69]

Order, Supreme Court, New York County (Joan A. Madden, J.), entered November 4, 2015, which, in an action for personal injuries sustained when plaintiff slipped and fell down the stairs of defendant’s building, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendant established entitlement to judgment as a matter of law by showing that it did not have constructive notice of the debris and beer on the stairs on which plaintiff allegedly slipped. Defendant submitted, inter alia, the testimony of its superintendent, who described his daily cleaning schedule, which included a morning cleaning of the stairs and an evening inspection, and that he adhered to that schedule on the day of the accident *(see e.g. Rodriguez v New York City Hous. Auth.,*102 AD3d 407 [1st Dept 2013]).

In opposition, plaintiff raised a triable issue of fact through the deposition testimony of her daughter, who testified that the hazardous condition existed the night before the accident, and during the day of the accident, after the superintendent testified that he had cleaned. Contrary to defendant’s assertions, this testimony was not “feigned evidence tailored to avoid the consequences of plaintiff’s deposition testimony” *(Vilomar v 490 E. 181st St. Hous. Dev. Fund Corp Corp.,*50 AD3d 469, 470 [1st Dept 2008]), since the daughter’s testimony did not contradict plaintiff’s deposition testimony. In fact, plaintiff stated that on the day of the accident, she did not leave her apartment until the time of her fall.

Because there is an issue of fact as to notice of the condition, there remains an issue of fact as to whether there is a violation of Multiple Dwelling Law § 80 *(compare Zapin v Israel,*285 App Div 968, 968 [2d Dept 1955]).

Concur — Sweeny, J.R, Richter, Moskowitz, Feinman and Gische, JJ.
No. 10-160.

#### Kristen Baum, Petitioner v. AstraZeneca LP.

562 U.S. 896, 131 S. Ct. 332,

178 L. Ed. 2d 146,

2010 U.S. LEXIS 6400.

October 4, 2010.

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

Same case below, 372 Fed. Appx. 246.
**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 Patch International, Inc. (the
“Company”) on Form 10-QSB for the period ending August 31, 2007, as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), I,
      Jason G. Dagenais, Chief Operating Officer (Principal 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:





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.








Date: 
              October 12, 2007
            /s/
                Jason G. DagenaisJason
                G. Dagenais, Chief Operating Officer
              (Principal
                Executive Officer)
[Federal Register Volume 63, Number 111 (Wednesday, June 10, 1998)]
[Notices]
[Page 31812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15398]


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

NUCLEAR REGULATORY COMMISSION

[Docket No. IA-97-070 and ASLBP No. 98-734-01-EA]


Atomic Safety and Licensing Board; Magdy Elamir, M.D., Newark, 
NJ; Order Superseding Order Prohibiting Involvement in NRC-Licensed 
Activities (Effective Immediately); Memorandum

June 4, 1998.

    Before Administrative Judges: Charles Bechhoefer, Chairman, Dr. 
Jerry R. Kline, Dr. Peter S. Lam.
    By an announcement dated April 9, 1998, published at 63 FR 18458-59 
(April 15, 1998), the Atomic Safety and Licensing Board announced the 
appointment of Judge Harry Rein to participate in this proceeding as a 
technical interrogator, pursuant to 10 CFR 2.722(a)(1). Notice is 
hereby given that Judge Rein will be unable to participate further in 
this proceeding. Correspondence, documents and other materials no 
longer need be served on Judge Rein.

    For the Atomic Safety and Licensing Board.
Charles Bechhoefer,
Chairman, Administrative Judge.
[FR Doc. 98-15398 Filed 6-9-98; 8:45 am]
BILLING CODE 7590-01-P
# Troop Support event encourages employee participation in agency Culture Climate Survey

/ Published March 18, 2020
PHILADELPHIA, 

###### 

###### 

##### 

##### ****Please note: In the wake of COVID-19, the 2020 DLA Culture Climate Survey has been postponed.***

The Defense Logistics Agency Troop Support held a town hall meeting to kick off the 2020 DLA Climate/Culture Survey March 12.

The survey, conducted every 18-24 months, measures the perception of the agency’s values, behaviors and beliefs that impact the workplace environment. 

Army Brig. Gen. Gavin Lawrence, DLA Troop Support Commander, encouraged maximum employee participation, stating that more involvement generates better outcomes. 

“There are about 60 items over a span of four traits that is used to measure organizational effectiveness and we absolutely use the results to make improvements to the way we conduct day-to-day business,” Lawrence said. “So the more participation we have for the survey, the more detailed the information we get back, the more we can do to improve the day-to-day business and operations that we do. Your voice is our future.”

Patricia Lynch, the Command Support Office’s Organization Transformation Branch chief, who’s team creates actions based on feedback from the survey, said it’s important participants understand it isn’t about employee satisfaction, but rather organizational performance.

“The survey wants to know if you are equipped with the tools, the communication strategies and the overall strategies that you need as an employee to succeed,” she said. “That’s what we’re measuring.”

Organization Transformation Branch foster program manager Kelly Latta said results of previous surveys have produced a number of cultural improvement initiatives such as the Leadership Academy, as well as shadowing and mentoring programs.

“These programs are proof that if you take the survey and you let your voice be heard, those voices will carry on into the future and shape the way we move forward with these and other improvement initiatives,” he said.

Members of the organization’s six Cultural Improvement Teams, a product of past surveys, also spoke about initiatives they’ve introduced into their respective supply chains and command staff organizations that are geared towards improving the workplace environment.

Taylor Fontana, Industrial Hardware CIT chair, said the initiatives they work on were all derived from survey responses.

“That’s why we’re encouraging everyone to take the survey,” Fontana said. “Because it’s a direct way to make sure everyone’s voice is heard, and it allows everybody to be a champion of change.”

The survey, which was scheduled to launch March 17, is currently postponed due to COVID-19.
#### Orient Overseas Associates, Appellant, v XL Insurance America, Inc., et al., Respondents, et al., Defendant.

[63 NYS3d 864]

Appeals having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Shirley Werner Kornreich, J.), entered August 16, 2016, and from orders of the same court and Justice, entered July 13, 2016, and said appeals having been argued by counsel for the respective parties; and due deliberation having been had thereon, it is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed for the reasons stated by Kornreich, J. (2016 NY Slip Op 31009 [U]). The appeals from the orders are dismissed, without costs, as *517subsumed in the appeal from the judgment.

Concur—Friedman, J.P., Gische, Kapnick, Kahn and Moulton, JJ.
<PAGE>

                                                                    EXHIBIT 21.1


                                SUBSIDIARIES OF
              NORTH AMERICAN GAMING AND ENTERTAINMENT CORPORATION


<TABLE>
<CAPTION>
                                                  STATE OF
                               PERCENTAGE       INCORPORATION
            NAME                OWNERSHIP      OR ORGANIZATION
-----------------------------  -----------     ---------------
<S>                            <C>          <C>
------------------------------------------------------------------
Ozdon Investments, Inc.                50%        Louisiana
------------------------------------------------------------------
River Port Truck Stop, Inc.           100%        Louisiana
------------------------------------------------------------------
OM Operating, L.L.C.                 24.5%        Louisiana
------------------------------------------------------------------
River Port Truck Stop, LLC             25%        Louisiana
------------------------------------------------------------------
</TABLE>
#### The People of the State of New York, Respondent, v Adrian Holliday, Appellant.

[55 NYS3d 185]

Judgment, Supreme Court, New York County (Charles H. Solomon, J., at suppression hearing; Thomas Farber, J., at plea and sentencing), rendered June 16, 2015, as amended July 7, 2015, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him to a term of one year, unanimously affirmed.

*541Defendant made a valid waiver of his right to appeal, which forecloses his suppression claims. The plea court’s oral colloquy with defendant concerning the waiver met or exceeded the minimum standards for such a colloquy *(see People v Bryant,*28 NY3d 1094 [2016]), and, after consulting with counsel, defendant also signed a written waiver that supplemented the oral waiver.

Regardless of whether defendant made a valid waiver of his right to appeal, his suppression claims are unpreserved and the record does not establish that the motion court “expressly decided” these issues “in re[s]ponse to a protest by a party” (CPL 470.05 [2]; *see People v Turriago,*90 NY2d 77, 83-84 [1997]; *People v Colon,*46 AD3d 260, 263-264 [1st Dept 2007]). We decline to review them in the interest of justice. As an alternative holding, we find that the hearing record supports the court’s findings that the police conduct leading up to defendant’s arrest was lawful and that drugs were recovered through a valid inventory of defendant’s property, pursuant to police department regulations.

Concur—Tom, J.P., Mazzarelli, Manzanet-Daniels and Webber, JJ.
Exhibit 32

CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER CERTIFICATION

Each of the undersigned hereby
certifies, for the purposes of section 1350 of chapter 63 of title 18 of the United States Code, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, in his capacity as an officer of Qwest Corporation (Qwest),
that, to his knowledge, the Quarterly Report of Qwest on Form 10-Q for the quarter ended September 30, 2008, fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 and that the information
contained in such report fairly presents, in all material respects, the financial condition and results of operations of Qwest. This written statement is being furnished to the Securities and Exchange Commission as an exhibit to such Form 10-Q.
A signed original of this statement has been provided to Qwest and will be retained by Qwest and furnished to the Securities and Exchange Commission or its staff upon request.



|                        |  |     |  |                                                                         
|----------------------- |  | --- |  | ------------------------------------------------------------------------
|                        |  |    
|Dated: October 29, 2008 |  | By: |  | /s/ Edward A. Mueller                                                   
|                        |  |     |  | Edward A. Mueller Chief Executive Officer                               
|                        |  |    
|Dated: October 29, 2008 |  | By: |  | /s/ Joseph J. Euteneuer                                                 
|                        |  |     |  | Joseph J. Euteneuer Executive Vice President and Chief Financial Officer