alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Federal Register Volume 63, Number 115 (Tuesday, June 16, 1998)]
[Notices]
[Pages 32869-32870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15909]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. PR98-15-000]


Louisiana Resources Pipeline Company Limited Partnership; Notice 
of Application for Approval of Rates and Charges Under NGPA Section 
311(a)(2)

June 10, 1998.
    Take notice that on June 1, 1998, Louisiana Resources Pipeline 
Company Limited Partnership (LRP) tendered for filing an Application 
for Approval of Rates and Charges pursuant to Section 311 of the 
Natural Gas Policy Act of 1978 (NGPA) and Section 284.123(b)(2) of the 
Commission's regulations.
    LRP seeks the Commission's approval to (a) continue its current 
maximum transportation rate of $0.2756 per MMBtu for interruptible 
transportation service to be provided by LRP as an intrastate pipeline 
pursuant to Section 311(a) of the NGPA; (b) establish a maximum firm 
transportation reservation charge of $8.4771 per MMBtu per month; (c) 
establish a maximum firm transportation usage of $0.0375 per MMBtu; and 
(d) establish a maximum rate for interruptible Part 'N Ride services of 
$0.2756 per MMBtu. LRP proposes to make all rates effective June 1, 
1998.
    Any person desiring to participate in this rate proceeding must 
file a motion to intervene or protest with the Federal Energy 
Regulatory Commission, 888

[[Page 32870]]

First Street, NE., Washington, DC, in accordance with Sections 385.211 
and 385.214 of the Commission's Rules of Practice and Procedure. All 
such motions or protests must be filed on or before June 25, 1998. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not be served to make 
protestants parties to the proceeding. Any person wishing to become a 
party must file a motion to intervene. The petition for rate approval 
is on file with the Commission and is available for public inspection.
Linwood A. Watson, Jr.,
Acting Secretary.
[FR Doc. 98-15909 Filed 6-15-98; 8:45 am]
BILLING CODE 6717-01-M
No. 10-137.

#### First Bank, Petitioner v. DJL Properties, LLC, et al.

562 U.S. 1003, 131 S. Ct. 506,

178 L. Ed. 2d 371,

2010 U.S. LEXIS 8532.

November 1, 2010.

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

Same case below, 598 F.3d 915.
#### Maria Barreras, Appellant, v Francisco Martinez Vargas et al., Respondents.

[58 NYS3d 31]

Order, Supreme Court, Bronx County (Betty Owen Stinson, J.), entered July 25, 2016, which, to the extent appealed from as limited by the briefs, granted defendants’ motion for summary judgment dismissing the claim of serious injury (Insurance Law § 5102 [d]) to the right shoulder, unanimously reversed, on the law, without costs, and the motion denied.

Defendants made a prima facie showing that plaintiff did not sustain a serious injury to her right shoulder by submitting the report of their radiologist, who opined that plaintiff’s *621MRI showed longstanding degenerative tears and that there was no evidence to suggest that plaintiff sustained a traumatic injury *(see Kang v*Almanzar, 116 AD3d 540 [1st Dept 2014]). Defendants further demonstrated an absence of causation through the report of their orthopedist, who opined that plaintiff’s post-accident medical records, which showed no complaints of right shoulder pain, were inconsistent with any claim of traumatic injury to her right shoulder *(see Frias v Gonzalez-Vargas,*147 AD3d 500, 501 [1st Dept 2017]). In addition, plaintiff did not seek treatment for her claimed right shoulder injuries until several months after the accident *(see Jones v MTA Bus Co.,*123 AD3d 614, 615 [1st Dept 2014]; *see also Henchy v VAS Express Corp.,*115 AD3d 478, 479 [1st Dept 2014]).

In opposition, plaintiff raised an issue of fact (see *Perl v Meher,*18 NY3d 208, 217-218 [2011]). Contrary to defendants’ contention, plaintiff’s emergency room records reflect contemporaneous complaints of pain, since X rays of the right shoulder were ordered at the time. Plaintiff’s treating physician noted that plaintiff had undergone physical therapy in the months following the accident, and found that she had limited range of motion in her right shoulder. Her orthopedic surgeon observed rotator cuff and superior labral tears during surgery, measured range-of-motion limitations two years after the surgery, and provided a sufficient opinion, based on his treatment of plaintiff, his review of the MRI report, and his observations during surgery, that, although there were degenerative conditions in plaintiff’s shoulder consistent with her age, the tears were causally related to the accident *(see Liz v Munoz,*149 AD3d 646 [1st Dept 2017]; *Swift v New York Tr. Auth.,*115 AD3d 507 [1st Dept 2014]).

Concur — Sweeny, J.P., Mazzarelli, Andrias, Moskowitz and Gische, JJ.
# Resiliency key message during African American History Month observance

/ Published Feb. 25, 2016
PHILADELPHIA, 
Failure can be turned inside out if people simply stick it out.

That message of resilience was delivered to Naval Support Activity Philadelphia employees during an African American History Month observation Feb. 18 in the Building 6 auditorium.

“No matter the problem, stick it out. If it’s a logistics problem, stick it out,” said guest speaker Dr. Arthur E. Thomas. “It is no sin to fail, but it’s a sin not to try.”

Thomas, an author and journalist, said that the history of African American people is of striving for equality and of getting back up whenever they get knocked down.

He spoke of William Lee, who was an African American slave that served as George Washington’s valet throughout the eight years of the American Revolutionary War, and was freed upon Washington’s death.

Thomas remarked that Army Brig. Gen. Charles Hamilton, an African American, went from an enlisted soldier to being an Army officer responsible for contracts worth billions of dollars as the Defense Logistics Agency Troop Support commander.

“We’ve come a long way from George Washington’s hand servant,” Thomas said.

Hamilton said that having events like the African American History Month observance strengthens the workforce by allowing them to recognize and appreciate the importance of diversity.

Quianna Enang, a contract specialist with the Construction and Equipment supply chain, said that the talk was uplifting.

“It made me even more proud than I already was to be an African-American,” Enang said. “It reminded me that we should never give up. We have to continue with equality. Even though we’ve made as many strides as we have, we should never forget where we started from.”

Thomas holds a doctorate in Education Administration from the University of Massachusetts at Amherst and served as president of Central State University in Wilberforce, Ohio, from 1985 to 1995. In 1994, Thomas was chosen by President Bill Clinton to represent the U.S. during the first democratic elections in South Africa.

The event was sponsored by the DLA Troop Support Equal Employment Opportunity and Diversity Office and the NAVSUP Weapons Systems Support Employment Opportunity Advisory Committee.
Exhibit 32.2

                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
      AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Cedric Kushner Promotions, Inc. (the
Company) on Form 10-QSB for the period ended September 30, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I, James
DiLorenzo , Acting Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. ss.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.

A signed original of this written statement required by Section 906 has been
provided to Cedric Kushner Promotions, Inc. and will be retained by Cedric
Kushner Promotions, Inc. and furnished to the Securities and Exchange Commission
or its staff upon request.





/s/ James DiLorenzo
--------------------------------------------------------
Name: James DiLorenzo
Title: Acting Chief Financial Officer



Date: January 11, 2004
#### Lydia Livingston, Appellant, v New York City Transit Authority et al., Respondents.

[66 NYS3d 608]

Judgment, Supreme Court, New York County (Robert R. Reed, J.), entered July 25, 2016, upon a jury verdict, dismissing the complaint, unanimously affirmed, without costs.

The record demonstrates that the complained of comments by the trial court, and its decision not to provide a missing document charge, were not prejudicial or in error. In any event, any such perceived error would be harmless in light of the evidence adduced at trial supporting the verdict *(see e.g. Siagha v Salant-Jerome, Inc.,*271 AD2d 274 [1st Dept 2000], *lv denied*96 NY2d 714 [2001]).

Concur—Friedman, J.P., Mazzarelli, Kapnick, Webber and Moulton, JJ.
No. 10-307.

#### Jose Melendrez, Jr., Petitioner v. Samuel Fred Biery, Judge, United States District Court for the Western District of Texas, et al.

562 U.S. 964, 131 S. Ct. 498,

178 L. Ed. 2d 292,

2010 U.S. LEXIS 8070,

October 12, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Seventh Circuit denied.
#### People v Jones (Justin)

3d Dept: 139 AD3d 1189 (Chemung)

denied 8/19/16 (Garcia, J.)
DLA Energy invests in more than just energy
 
  By Elizabeth Stoeckmann
                                                website
# Nominations for DLA Hall of Fame due by March 31

/ Published Feb. 29, 2016
Fort Belvoir, Virginia, 
Current and former DLA employees have until March 31 to submit nominations of former DLA employees for the 2015 DLA Hall of Fame. Former agency civilians of any grade or military members of any rank, living or deceased, can be nominated. 

“The ceremony recognizes and honors former members of the DLA community who have made significant and enduring contributions to the Agency,” wrote DLA Human Resources Director Brad Bunn in a Feb. 23 memorandum announcing the call for nominations.

Nominees must have been separated from DLA for at least three years by the time the nomination window closes and have no reasonable prospects for future employment or assignment with the agency. The three-year requirement will be waived for individuals who have lost their lives as a result of hostile action while deployed in support of DLA operations.

A ceremony to recognize selectees is tentatively scheduled for Aug. 10, 2016, at DLA Headquarters. 

Submission packets should include a nomination form providing general information on the nominee and the submitting employee; a narrative description of specific contributions that qualify the nominee for Hall of Fame recognition; supporting documents, such as published articles, manuals and reports; and a portrait-style official photograph of the individual. Nominations must be endorsed by the primary-level field activity commander or deputy, or the DLA Headquarters activity commander or deputy, and must include a point of contact who coordinates nominations within the organization. 

Nominations will be evaluated based on their contributions to the agency and devotion to duty, efficiency, economy or other improvements in DLA operations. Those selected for induction into the Hall of Fame, or the next of kin if the selectee is deceased, will be notified in writing and invited to attend the induction ceremony in August at DLA Headquarters. 

Please contact J1AwardSubmissions@dla.mil with questions or to receive a copy of the nominations memo, program guidelines and nomination form.
# DLA Distribution issues 2016 flu vaccine

/ Published Oct. 5, 2016
NEW CUMBERLAND, Pennsylvania, 
For the 10th year in a row, DLA Distribution is ensuring the storage and distribution of the seasonal influenza vaccine to military all over the globe.

Calendar year to date, more than 3.5 million doses have been purchased by DLA Troop Support for distribution to the warfighter, and nearly 2.5 million of those doses have been received at DLA Distribution Susquehanna, Pa.

Vaccines began arriving at the distribution center in August, but planning occurred much earlier in the year.  First the product team had to perform product overviews, review policies, and examine the ordering and shipping process in order ensure the process was successful.  

Shipped direct from the vendor, vaccines go directly into the DLA Distribution Susquehanna’s cold chain storage upon arrival to await requisition.  At the end of September, nearly 50 percent of the distribution center’s stock had been specially packaged and shipped to customers around the globe.

“It’s not as simple as placing these items in a box and shipping them off,” said Domon Barr, seasonal influenza vaccine project coordinator.  “There are protocols that we must follow- to include using insulated containers and monitoring the package temperature- to ensure the vaccines are never compromised.”

Barr predicts most of the vaccines will be issued out to the warfighter by November, ensuring the health of customers, including civilians, retired military and their dependents.

“These are the folks that are on the front lines, defending our borders, and executing critical missions for the safety of the United States.  It’s our job to ensure that influenza is not a threat to their health,” said Barr.
<PAGE>

                                EATON CORPORATION
                         2008 ANNUAL REPORT ON FORM 10-K
                                   ITEM 15(B)
                                   EXHIBIT 12
                       RATIO OF EARNINGS TO FIXED CHARGES

<TABLE>
<CAPTION>
                                                  Year ended December 31
                                         ----------------------------------------
(Millions of dollars)                     2008     2007     2006     2005    2004
                                         ------   ------   ------   ------   ----
<S>                                      <C>      <C>      <C>      <C>      <C>
Income from continuing operations
before income taxes                      $1,128   $1,041   $  969   $  964   $749

Adjustments
Minority interests in consolidated
   subsidiaries                              12       14       10        5      7
(Income) losses of equity investees         (11)      (6)       1        1
Interest expensed                           192      193      139      109     88
Amortization of debt issue costs              2        1        1        1      1
Estimated portion of rent expense
   representing interest                     58       44       41       38     37
Amortization of capitalized interest         13       12       12       12     17
Distributed income of equity investees        1        1        1        4      3
                                         ------   ------   ------   ------   ----
Adjusted income from continuing
   operations before income taxes        $1,395   $1,300   $1,174   $1,134   $902
                                         ======   ======   ======   ======   ====
Fixed charges
Interest expensed                        $  192   $  193   $  139   $  109   $ 88
Interest capitalized                         13       14       14       13      7
Amortization of debt issue costs              2        1        1        1      1
Estimated portion of rent expense
   representing interest                     58       44       41       38     37
                                         ------   ------   ------   ------   ----
Total fixed charges                      $  265   $  252   $  195   $  161   $133
                                         ======   ======   ======   ======   ====
Ratio of earnings to fixed charges         5.26     5.16     6.02     7.04   6.78
</TABLE>
(December 7, 2017)

#### Daniel G. Hickey, Jr., Respondent, v Steven E. Kaufman, P.C., et al., Appellants.

[66 NYS3d 474]

Order, Supreme Court, New York County (Shlomo S. Hagler, J.), entered October 9, 2015, which granted plaintiff’s motion for leave to amend the complaint and denied defendants’ motions to dismiss the complaint as against them as moot, unanimously affirmed, without costs. Order, same court and Justice, entered on or about February 3, 2017, which denied defendants’ motions to dismiss the amended complaint as against them, unanimously reversed, on the law, without costs, and the motions granted. The Clerk is directed to enter judgment dismissing the amended complaint.

Given the Legislature’s 2005 amendment of CPLR 3211 (e) (see *Lucido v Mancuso,*49 AD3d 220, 228-229 [2d Dept 2008], *appeal withdrawn*12 NY3d 813 [2009]), plaintiff was not required to support his motion to amend the complaint with an affidavit of merit *(MBIA Ins. Corp. v Grey stone & Co., Inc.,*74 AD3d 499, 500 [1st Dept 2010]). However, even viewed in the light of older precedent requiring an affidavit of merit on a motion to amend (see *e.g. Bonanni v Straight Arrow Pubis.,*133 AD2d 585, 588 [1st Dept 1987]), the court providently exercised its discretion in finding that plaintiff’s verification of the proposed amended complaint and his affidavit in opposition to defendants’ motions to dismiss the original complaint, which affidavit was annexed as an exhibit to the proposed amended complaint, satisfied the requirement of an affidavit of merit. Plaintiff was not required to explain his approximately six-month delay in moving to amend the complaint *(compare Oil Heat Inst. of Long Is. Ins. Trust v RMTS Assoc.,*4 AD3d 290 [1st Dept 2004] [21⁄2 year delay]; *Heller v Louis Provenzano, Inc.,*303 AD2d 20 [1st Dept 2003] [motion made more than six years after commencement of action, four years after filing of note of issue, more than four years after first trial, and more than IV2 years after decision on prior appeal]). The fact that defendants expended time and expense in briefing their replies on their motions to dismiss the original complaint and preparing for oral argument is not the kind of prejudice required to defeat an amendment *(see Jacobson v Croman,*107 AD3d 644 [1st Dept 2013]).

*437Nevertheless, the amended complaint must be dismissed, because plaintiffs claim that, but for defendants’ negligence, he would have recovered the full $3 million that he was owed during the bankruptcy filed by nonparty Majestic Capital, Ltd., consists of “gross speculations on future events” *(Sherwood Group v Dornbush, Mensch, Mandelstam & Silverman,*191 AD2d 292, 294 [1st Dept 1993]; *see also Heritage Partners, LLC v Stroock & Stroock & Lavan LLP,*133 AD3d 428 [1st Dept 2015], *lv denied*27 NY3d 904 [2016]; *Turk v Angel,*293 AD2d 284 [1st Dept 2002], *lv denied*100 NY2d 510 [2003]).

Concur—Acosta, P.J., Mazzarelli, Kapnick and Webber, JJ.
**EXHIBIT 14**

 

**PIERRE FOODS, INC.**

**PORTION OF CODE OF ETHIC CONSTITUTING A CODEOF ETHICS**

**AS DEFINED IN ITEM 406 OF REGULATION S-K**

 

**13.          *Full, Fair, Timely andUnderstandable Financial Disclosure.***

 

**(This Section 13applies only to the Chief Executive Officer, Chief Financial Officer (orequivalent), Treasurer and Controller of the Company (the “Senior Officers”)).**

 

The SeniorOfficers are responsible for full, fair, accurate, timely and understandabledisclosure of information in reports and documents that the Company files with,or submits to, the Securities and Exchange Commission (the “SEC”) and in otherpublic communications.

 

Each SeniorOfficer agrees to:

 

A.                                   Produce full, fair, accurate, timely andunderstandable disclosure in reports and documents that the Company or itssubsidiary files with, or submits to, the SEC and other regulators and in otherpublic communications made by the Company or its subsidiary; and

 

B.                                     Promptly report to the Chairperson of theAudit Committee any information that he or she may have concerning (i)significant deficiencies in the design or operation of internal controls thatcould adversely affect the Company’s ability to process, summarize and reportfinancial data, or (ii) any fraud, whether or not material, that involves managementor other employees who have a significant role in the Company’s financialreporting, disclosure or internal controls.

 

Each SeniorOfficer is prohibited from directly or indirectly taking any action tofraudulently influence, coerce, manipulate or mislead the Company’s independentauditors for the purpose of rendering the financial statements of the Companymisleading.

 

The Board ofDirectors of the Company has delegated to its Audit Committee the soleauthority to approve any deviation or waiver from this Code granted to a SeniorOfficer.  Waivers of this Code, asrequired by applicable law, will promptly be disclosed by the Company.

 

1

----
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 GiveMePower  Corporation  (the
"Company") on Form 10-QSB for the period ending September 30, 2006 as filed with
the Securities  and Exchange  Commission on the date hereof (the  "Report"),  I,
William V. Walton, Chief Executive Officer of the Company,  certify, pursuant to
18 U.S.C. 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 and Exchange Act of 1934; and

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

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


Date: November 20, 2006                By: /s/ WILLIAM V. WALTON
                                           ----------------------
                                           William V. Walton
                                           Chief Executive Officer
Dismissed and Opinion Filed October 27, 2023

In The 

### Court of Appeals Fifth District of Texas at Dallas

No. 05

- 23

- 00514

- CV

MINERVA HERNANDEZ , Appellant

V.

JUAN RODRIGUEZ , Appellee

On Appeal from the 192nd Judicial District Court

Dallas County, Texas

Trial Court Cause No. DC

- 21

- 07615

MEMORANDUM OPINION

Before Justices Goldstein, Garcia, and Miskel Opinion by Justice Miskel

Appellant’s brief in this case is overdue. On September 20 , 2023, we in formed

appellant h er brief was overdue and directed h er to file h er brief within ten days. We

cautioned appellant that failure to do so would result in the dismissal of the appeal

without further notice. See T EX

. R. A PP

. P . 38.8(a)(1); 42.3(c). To date, ap pellant has

not filed a brief, an extension motion, or otherwise corresponded with the Court

regarding the status of this appeal.– 2

–

Accordingly, we dismiss this appeal. See id . 38.8(a)(1); 42.3(c).

230514f

. p05 /Emily Miskel/

EMILY MISKEL

JUSTICE– 3

– 

### Court of Appeals Fifth District of Texas at Dallas

JUDGMENT

MINERVA HERNANDEZ, Appellant

No. 05

- 23

- 00514

- CV V.

JUAN RODRIGUEZ, Appellee On Appeal from the 192nd Judicial District Court, Dallas County, Texas

Trial Court Cause No. DC

- 21

- 07615. Opinion delivered by Justice Miskel.

Justices Goldstein and Garcia participating.

In accordance with this Court’s opinion of this date, the appeal is

DISMISSED

.

Judgment entered this 27 th day of October

, 2023

.
#### People v Santiago

1st Dept: 139 AD3d 515 (Bronx)

denied 8/24/16 (Pigott, J.)