alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John W. Lynn et al., Appellants, v Robert J. McCormick, Individually and as President/CEO of Trastco Bank, et al., Respondents.

[60 NYS3d 316]

In an action, inter alia, to recover damages for abuse of process, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Rockland County (Loehr, J.), dated June 2, 2015, as granted that branch of the defendants’ motion which was for summary judgment dismissing the cause of action alleging abuse of process.

Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly granted that branch of the defendants’ motion which was for summary judgment dismissing the cause of action alleging abuse of process. “ Abuse of process has three essential elements: (1) regularly issued process, either civil or criminal, (2) an intent to do harm without excuse or justification, and (3) use of the process in a perverted manner to obtain a collateral objective’ ” *(Greco v Christoffersen,*70 AD3d 769, 770 [2010], quoting *Curiano v Suozzi,*63 NY2d 113, 116 [1984]). The mere commencement of a lawsuit cannot serve as the basis for a cause of action alleging abuse of process *(see Curiano v Suozzi,*63 NY2d at 117; *Greco v Christoffersen,*70 AD3d at 770). “[T]here must be an unlawful interference with one’s person or property under color of process in order that action for abuse of process may lie” *(Williams v Williams,*23 NY2d 592, 596 [1969]).

*689Here, the defendants established their prima facie entitlement to judgment as a matter of law dismissing the cause of action alleging abuse of process. In opposition, the plaintiffs failed to raise a triable issue of fact *(see Alvarez v Prospect Hosp.,*68 NY2d 320, 324 [1986]; *Zuckerman v City of New York,*49 NY2d 557, 562 [1980]).

Further, the Supreme Court properly rejected the plaintiffs’ contention, pursuant to CPLR 3212 (f), that summary judgment was premature because discovery was not yet complete. The plaintiffs failed to demonstrate that discovery might lead to relevant evidence or that the facts essential to justify opposition to the motion were exclusively within the knowledge and control of the defendants *(see*CPLR 3212 [f]; *Singh v Avis Rent A Car Sys., Inc.,*119 AD3d 768, 770 [2014]; *Boorstein v 1261 48th St. Condominium,*96 AD3d 703, 704 [2012]). The plaintiffs’ mere hope that some evidence might be uncovered during further discovery is insufficient to deny summary judgment *(see Singh v Avis Rent A Car Sys., Inc.,*119 AD3d at 770; *Lopez v WS Distrib., Inc.,*34 AD3d 759, 760 [2006]).

Dillon, J.P., Austin, Roman and Cohen, JJ., concur.
# DLA Distribution San Diego hosts U.S. Fleet Forces Command

/ Published April 6, 2022
NEW CUMBERLAND, Pa., 
Defense Logistics Agency Distribution San Diego, California, welcomed Navy Rear Adm. Matt Ott III, deputy chief of staff for Fleet Ordnance and Supply, U.S. Fleet Forces Command, as he visited staff and toured the distribution center March 11.

The purpose of the visit was to explore DLA Distribution San Diego’s ‘process excellence’ and regional footprint.

Navy Capt. Kerri Yarbrough, commander of DDDC, and team, provided an overview of the center’s mission and offered insight on performance metric and continuous process improvement initiatives, highlighting focused lines of effort.

                Navy Capt. Kerri Yarbrough, center right, commander of Defense Logistics Agency Distribution San Diego, California, introduces Navy Rear Adm. Matt Ott III, deputy chief of staff for Fleet Ordnance and Supply at U.S. Fleet Forces Command, to material processing center supervisors during a visit and tour to the distribution center March 11, 2022. Photo by Lt. j.g. Alexis Williams-Hall, DDDC military liaison officer.                            DLA Distribution San Diego hosts U.S. Fleet Forces Command                            Navy Capt. Kerri Yarbrough, center right, commander of Defense Logistics Agency Distribution San Diego, California, introduces Navy Rear Adm. Matt Ott III, deputy chief of staff for Fleet Ordnance and Supply at U.S. Fleet Forces Command, to material processing center supervisors during a visit and tour to the distribution center March 11, 2022. Photo by Lt. j.g. Alexis Williams-Hall, DDDC military liaison officer.            SHARE IMAGE:Download ImageImage DetailsPhoto By: Lt. j.g. Alexis Williams-Hall, DLA Distribution San Diego military liaison officerVIRIN: 220405-D-D0441-1214

“Defense Logistics Agency Distribution San Diego has had significant turnover since contract transition in September and it was great to showcase the significant strides the team continues to deliver day in and day out,” said Yarbrough. 

During the brief and tour, Ott offered fleet level support and guidance whilst recognizing the hard work and mission impact DLA has on the waterfront.

“It’s about independent mission command; the value, trust and confidence you need in order to follow through on those rules of engagement; this team executes that every day,” said Ott.
#### People v Blair

3d Dept: 140 AD3d 1478 (Hamilton)

denied 8/23/16 (Rivera, J.)
Exhibit 32.2



CERTIFICATION UNDER SECTION 906

OF THE

SARBANES-OXLEY ACT OF 2002



In connection with the quarterly report on Form 10-Q, (the Report), of Triton PCS, Inc. (the Company) for the period ended September 30, 2004, as
filed with the Securities and Exchange Commission as of the date hereof, I, David D. Clark, Chief Financial Officer of the Company, hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002,
that:



| | (1) | the Report fully complies with the requirements of Section 13(a) or 15(d), as appropriate, of the Securities Exchange Act of 1934, as amended; and
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------



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



/s/    DAVID D.
CLARKName:

David D. ClarkTitle:

Chief Financial OfficerDate:

November 3, 2004




A signed original of this
written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been
provided to Triton PCS, Inc. and will be retained by Triton PCS, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.



This certification accompanies the quarterly report on Form 10-Q to which it relates, is not deemed filed with the Securities and Exchange Commission, and is
not to be incorporated by reference into any filings of Triton PCS, Inc. under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the date of the quarterly report on Form 10-Q,
irrespective of any general incorporation language contained in such filing.
# DLA Troop Support to host interactive events during Sexual Assault Awareness and Prevention Month 

/ Published March 30, 2023
PHILADELPHIA, 
April 1 begins Sexual Assault Awareness & Prevention Month. The Defense Logistics Agency Troop Support will host several events and activities throughout the month at Naval Support Activity Philadelphia. 

“I am focusing on how overt and convert sexual harassment can and does lead to sexual assault,” said Gina Ingrao, the DLA Troop Support Sexual Assault response coordinator. “We want to intervene and prevent sexual assaults from happening at the first sign.” 

 “We are hosting an in-person, interactive event, whereas the last few years have been entirely virtual,” she said. “I want out workforce to see the potential ways to intervene, and the reactions that interventions may elicit.” 

“I strongly urge Troop Support employees to attend the interactive workshop and show support for Sexual Assault Awareness & Prevention Month,” said DLA Troop Support Deputy Commander Kishayra J. Lambert. “Sexual harassment and assault happen regardless of race, age, gender, or social standing. At the end of the day, if a person is questioned about an incident: ‘I didn’t know,’ will not be a sufficient answer.” 

**Bystander Intervention Training provided by Pure Praxis**

Pure Praxis uses a team of skilled and diverse Performance Facilitators and Actor-Advocates to explore topics that are both complex and sensitive in order to empower audiences to become part of the solution. 

Building 6 will host 2 sessions on April 6. The first at 10-11 a.m and the final from 2-3 p.m. 

**Lunch & Learn: How to Support Those Effected by Sexual Violence**

Join Gina Ingrao on April 20 over Zoom starting at noon for 30minutes. Links will be sent out over email. 

**Teal Tuesdays (Every Tuesday in April)**

Show your support for SAAPM by wearing teal. Whether it’s a full teal outfit or showing off a teal ribbon, your participation represents that you stand against sexual violence. Contact DLA Troop Support SARC for free teal ribbons to wear. 

**Denim Day**

Join millions of people across the world by wearing jeans with a purpose on April 26. This day is supporting the longest running sexual violence prevention and education campaign in history. 

“My door is always open. If you need to talk, I am here to help,” said Ingrao. 

Sexual assault can be reported 24 hours a day, seven days a week. Employees can contact Ingrao at 267-253-8953 or the DLA SAPR Hotline at 1-800-841-0937 for resources or to make a report of sexual assault or abuse.
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

DEAN BRYAN

, Appellant

v.

OCWEN LOAN SERVICING, LLC

, Appellee

.

No. 4D 19

- 219 4

[ June 11, 2020 ]

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St.

Lucie County ; Lawrence M. Mirman , Judge; L.T. Case No. 2019CA000630

.

Dean Bryan, Miramar, pro se.

W. Bard Brockman of Bryan Cave Leighton Paisner, LLP, Atlanta,

Georgia, and Paola Huembes of Bryan Cave Leighton Paisner, LLP, Miami,

for appellee.

P ER C URIAM

.

Affirme d.

L EVINE

, C.J., D AMOORGIAN and F ORST

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
No. 10-6482.

#### John William Gool, Jr., Petitioner v. United States.

562 U.S. 989, 131 S. Ct. 433,

178 L. Ed. 2d 336,

2010 U.S. LEXIS 8190.

October 18, 2010.

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

*337Same case below, 377 Fed. Appx. 583.
# C_2015406EN.01002902.xml

| 7.12.2015 | EN | Official Journal of the European Union | C 406/29 |
| --- | --- | --- | --- |

7.12.2015

EN

Official Journal of the European Union

C 406/29

---

Judgment of the General Court of 21 October 2015 — Petco Animal Supplies Stores v OHIM — Gutiérrez Ariza (PETCO)

(Case T-664/13) (1)

((Community trade mark - Opposition proceedings - Application for the Community word mark PETCO - Earlier Community figurative mark PETCO - Relative ground for refusal - Article 8(1)(b) of Regulation (EC) No 207/2009 - Suspension of the administrative proceedings - Rule 20(7)(c) and Rule 50(1) of Regulation (EC) No 2868/95 - Plea which does not support the form of order sought - Prohibition on ruling ultra petita - Inadmissibility))

(2015/C 406/29)

Language of the case: English

Parties

Applicant: Petco Animal Supplies Stores, Inc. (San Diego, California, United States) (represented by: C. Aikens, Barrister)

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: V. Melgar and Ó. Mondéjar Ortuño, acting as Agents)

Other party to the proceedings before the Board of Appeal of OHIM: Domingo Gutiérrez Ariza (Málaga, Spain)

Re:

Action brought against the decision of the Fourth Board of Appeal of OHIM of 7 October 2013 (Case R 347/2013-4) relating to opposition proceedings between Domingo Gutiérrez Ariza and Petco Animal Supplies Stores, Inc.

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Petco Animal Supplies Stores, Inc. to pay the costs. |
| --- | --- |

2.

Orders Petco Animal Supplies Stores, Inc. to pay the costs.

---

(1)  
  OJ C 112, 14.4.2014.

---
No. 10-6884.

#### Ruben O. Sanchez, Petitioner v. United States.

562 U.S. 1036, 131 S. Ct. 583,

2010 U.S. LEXIS 8763.

178 L. Ed. 2d 425,

November 8, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Eighth Circuit denied.
# C_2014380EN.01001301.xml

| 27.10.2014 | EN | Official Journal of the European Union | C 380/13 |
| --- | --- | --- | --- |

27.10.2014

EN

Official Journal of the European Union

C 380/13

---

Order of the General Court of 3 September 2014 — Kėdainių rajono Okainių and Others v Council and Commission

(Case T-386/13) (1)

1

((Action for annulment - Common Agricultural Policy - Direct support schemes for farmers - Authorisation for granting complementary national direct payments in Lithuania for 2012 - Time limit for bringing an action - Point from which time runs - Inadmissibility - Plea of illegality))

2014/C 380/17

Language of the case: Lithuanian

Parties

Parties

Applicant: Kėdainių rajono Okainių ŽŪB (Okainiai, Lithuania) and the 134 other applicants whose names appear in the annex to the order (represented by: I. Vėgėlė, lawyer)

Applicant:

Defendants: Council of the European Union (represented by: J. Vaičiukaitė and E. Karlsson, acting as Agents); and European Commission (represented by: H. Kranenborg and A. Steiblytė, acting as Agents)

Defendants:

Intervener in support of the applicants: Republic of Lithuania (represented by: D. Kriaučiūnas, K. Vainienė, A. Karbauskas, R. Makelis and K. Anužis, acting as Agents)

Intervener in support of the applicants:

Re:

Re:

Application seeking, first, the annulment of Commission Implementing Decision C(2012) 4391 final of 2 July 2012 authorising the making of complementary national direct payments in Lithuania for 2012 and, secondly, a declaration of the partial illegality of Council Regulation (EC) No 73/2009 of 19 January 2009 establishing common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers, amending Regulations (EC) No 1290/2005, (EC) No 247/2006, (EC) No 378/2007 and repealing Regulation (EC) No 1782/2003 (OJ 2009 L 30, p. 16).

Operative part of the order

Operative part of the order

| 1. | The action is dismissed as inadmissible. |
| --- | --- |

1.

The action is dismissed as inadmissible.

| 2. | Kėdainių rajono Okainių ŽŪB and the 134 other applicants appearing in the annex shall, in addition to bearing their own costs, pay those incurred by the Council of the European Union and the European Commission. |
| --- | --- |

2.

Kėdainių rajono Okainių ŽŪB and the 134 other applicants appearing in the annex shall, in addition to bearing their own costs, pay those incurred by the Council of the European Union and the European Commission.

| 3. | The Republic of Lithuania shall bear its own costs. |
| --- | --- |

3.

The Republic of Lithuania shall bear its own costs.

---

(1)  OJ C 313, 26.10.2013.

1

---
# DLA director talks Better Buying Power with medical industry partners  

/ Published May 14, 2015
PHILADELPHIA, Better Buying Power 3.0DLA Troop Support Defense Health Agency***Editor’s note:**This is part of a series of articles that DLA will highlight on BBP 3.0 called "Better Buying Power in Focus."*
# Rosa Parks' heroics celebrated at Women's Equality Day event

/ Published Aug. 30, 2016
PHILADELPHIA, 

An actress portraying Civil Rights heroine Rosa Parks described voting as an integral part of being an American citizen during a Women’s Equality Day event Aug. 24 at Defense Logistics Agency Troop Support.

Alex Ford spoke on the difficulties Parks had gaining the right to vote amidst racial segregation in the early to mid-20th century. The national theme for the day, which Congress designated as Aug. 26, is “Celebrating Women’s Right to Vote.”

Parks is well-known for defying Jim Crow segregation laws when she refused to give up her bus seat to a white passenger Dec. 1, 1955. This action spawned the modern Civil Rights movement to end legal segregation in the U.S., DLA Troop Support Commander Army Brig. Gen. Charles Hamilton said.

Hamilton reflected on how Parks may have felt the morning of this act, and whether it was pre-planned or a moment of courage.

“I think about the soldiers who go out in harm’s way and the courage they have to do that,” Hamilton said. “Kind of like how Rosa Parks did, taking on the pressure of being put in jail, the pressure of being assaulted and the impact she has today.”

Ford detailed how Parks’ experiences from childhood to womanhood shaped her life of activism. These included sleeping in her clothes in case the Ku Klux Klan attacked her family in the middle of the night to meeting her husband, Raymond Parks, who was involved with the National Association for the Advancement of Colored People.

Ford also portrayed Parks’ difficulties registering to vote, including taking literacy tests, paying exorbitant poll taxes and missing narrow time frames to register.

“I talk to you now of my family and my struggles to remind everyone [that] our people are at war,” Ford said. “I can talk, and go on for hours about that fateful day in December, but there’s so much more before that date that happened to me. So much more that explains my reasons why I stayed seated.”

Federally Employed Women Philadelphia Chapter, the DLA Troop Support Equal Employment Opportunity and Diversity Office and NAVUSP Weapons Systems Support Equal Employment Opportunity Advisory Committee sponsored the program.

Ford reminded the audience that just because marginalized groups now have the right to vote, the fight for equality is not over. 

“When your time to stand and fight comes, remember your past,” Ford said. “Remember who made you the person you are today, and use that as your power.”
#### People v Santos

1st Dept: 140 AD3d 462 (NY)

denied 8/22/16 (DiFiore, Ch. J.)
No. 10-222.

#### Wyeth LLC, et al., Petitioners v. Sandra Kirkland, et al.

562 U.S. 963, 131 S. Ct. 474,

178 L. Ed. 2d 290,

2010 U.S. LEXIS 8066.

October 12, 2010.

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

Same case below, 591 F.3d 613.
```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2457 Engrossed in Senate (ES)]

103d CONGRESS

  2d Session

                                S. 2457

_______________________________________________________________________

                                 AN ACT

              For the relief of Benchmark Rail Group, Inc.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
103d CONGRESS
  2d Session
                                S. 2457

_______________________________________________________________________

                                 AN ACT

 
              For the relief of Benchmark Rail Group, Inc.

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

SECTION 1. FINDING AND PURPOSE.

    (a) Finding.--The Congress finds that Benchmark Rail Group, Inc., 
of St. Louis, Missouri, satisfactorily performed emergency work after 
the Northridge earthquake, but has not been reimbursed as a result of a 
technicality under California State law.
    (b) Purpose.--The purpose of this Act is to fairly compensate 
Benchmark Rail Group, Inc., for the work for which, except for the 
technicality under California State law, it would otherwise have been 
paid under the provisions of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act.

SEC. 2. PAYMENT.

    (a) In General.--Not later than 30 days after the date of enactment 
of this Act, the director of the Federal Emergency Management Agency 
shall pay to Benchmark Rail Group, Inc., of St. Louis, Missouri, an 
amount equal to the total amount owed to Benchmark Rail Group, Inc., by 
the Federal Emergency Management Agency and the State of California to 
compensate Benchmark Rail Group, Inc., for the emergency work and 
services performed at the request of the Southern California Regional 
Rail Authority, to the extent that such work and services are otherwise 
eligible for reimbursement under the Robert T. Stafford Disaster and 
Emergency Assistance Act. The payment shall be made from funds 
appropriated to implement such Act.
    (b) Deobligation of Funds.--The Federal Emergency Management Agency 
shall deobligate an equal amount to that obligated previously for 
payment to the State of California to cover the costs of work performed 
for the Southern California Regional Rail Authority by Benchmark Rail 
Group, Inc., after the Northridge earthquake which would have been 
eligible for reimbursement under such Act.

            Passed the Senate October 4 (legislative day, September 
      12), 1994.

            Attest:

                                                             Secretary.
```
No. 10-6096.

#### Randolph Mansoor Greer, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

562 U.S. 986, 131 S. Ct. 424,

178 L. Ed. 2d 330,

2010 U.S. LEXIS 8207.

October 18, 2010.

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

Same case below, 380 Fed. Appx. 373.