alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Samuel Field YM & YWHA, Inc., et al., Respondents, v Irvings Roth & Rubin, PLLC, Appellant.

[60 NYS3d 310]

In an action to recover damages for breach of contract and breach of fiduciary duty, the defendant appeals, by permission, from an order of the Supreme Court, Queens County (D. Hart, J.), dated August 26, 2015, which held in abeyance pending an accounting its motion for summary judgment on its counterclaims for an account stated and to recover damages pursuant to CPLR 3016 (f) for breach of contract.

Ordered that the order is reversed, on the facts and in the exercise of discretion, and the matter is remitted to the Supreme Court, Queens County, for a determination on the merits of the defendant’s motion for summary judgment.

The plaintiffs, which are affiliated not-for-profit organizations, commenced this action against the defendant, their former accountant, alleging that it breached contractual and fiduciary duties by preparing misleading audit reports for them for several years, which caused the plaintiffs to suffer serious financial harm. In response, the defendant asserted counterclaims for an account stated and to recover damages pursuant to CPLR 3016 (f) for breach of contract. Shortly after the plaintiffs filed a reply to the counterclaims, the defendant moved for summary judgment on the counterclaims. The plaintiffs opposed the motion. The Supreme Court held the defendant’s motion in abeyance pending an accounting even though neither party requested an accounting. The defendant appeals, by permission.

*750“Generally, a court may, in its discretion, ‘grant relief that is warranted by the facts plainly appearing on the papers on both sides, if the relief granted is not too dramatically unlike the relief sought, the proof offered supports it, and there is no prejudice to any party’ ” *(Calderon v*Esenova, 132 AD3d 711, 712 [2015], quoting *Clair v Fitzgerald,*63 AD3d 979, 980 [2009]). Here, an accounting was not requested and, under the circumstances, it was an improvident exercise of discretion for the Supreme Court to, sua sponte, grant such relief *(see Calderon v Esenova,*132 AD3d at 712; *Semlear v Incorporated Vil. of Quogue,*127 AD3d 1062, 1065 [2015]; *Matter of Myers v Markey,*74 AD3d 1344, 1345 [2010]).

We decline to address any arguments raised by the parties that relate to the merits of the defendant’s motion, as those issues remain pending and undecided *(see Bibbo v Arvanitakis,*145 AD3d 656, 657 [2016]; *Born To Build, LLC v Saleh,*139 AD3d 654, 656 [2016]; *Katz v Katz,*68 AD2d 536, 542-543 [1979]). Accordingly, we remit the matter to the Supreme Court, Queens County, for a determination on the merits of that motion.

Leventhal, J.P., Barros, Connolly and Brathwaite Nelson, JJ., concur.
CS239725A

National Center for HIV/AIDS, Viral Hepatitis, STD, and TB Prevention 

Division of Tuberculosis Elimination

Lo que usted necesita saber sobre sus medicamentos 

contra la infección de tuberculosis (TB) latente

ISONIAZIDA Y RIFAPENTINA

Usted recibió medicamentos para tratar la infección de tuberculosis latente que 

contrajo. Usted no tiene la enfermedad de tuberculosis y no se la puede transmitir 

a otras personas. Estos medicamentos ayudarán a PREVENIR que contraiga la 

enfermedad de tuberculosis.

No se olvide de sus visitas semanales:

Usted se reunirá con un profesional de la salud cada semana para tomar sus 

medicamentos. Este plan se llama terapia de observación directa (DOT, por sus 

siglas en inglés).

La DOT es útil por varias razones:

• El profesional de la salud le ayuda a acordarse de tomar sus medicamentos. 

• Usted completará su tratamiento lo más pronto posible. 

• El profesional de la salud se asegurará de que usted no esté teniendo 

problemas con los medicamentos.

• Durante sus reuniones semanales, esta persona puede responder a sus 

preguntas y usted también podrá hablar acerca de cualquier preocupación

que tenga.

Mientras tome este medicamento:

9 Dígales a su médico o enfermera si tiene preguntas o preocupaciones acerca 

del medicamento.

9 Vaya a las visitas semanales.

9 Dígale a su médico si tomó cualquier cantidad de alcohol porque el consumo 

de alcohol puede producir efectos secundarios.

9 Infórmele a su médico de todos los demás medicamentos que esté tomando.

9 Asegúrese de decirles a sus otros médicos que está recibiendo tratamiento 

contra la infección de tuberculosis latente.

9 A algunas personas los medicamentos las afectan menos cuando los toman 

acompañados de comida.

Calendario de medicamentos contra la infección de tuberculosis 

latente: (Proveedor: Indique la fecha adecuada y el número de pastillas)

Medicamento Frecuencia Día

Número 

de 

pastillas 

al día

Duración

Isoniazida y 

Rifapentina

Una vez a la 

semana

L M M J V S D 3 meses

(12 semanas)

Su médico puede indicarle que tome vitamina B6 con su medicamento.

NOTAS:

Nombre de mi médico:

Nombre de mi clínica:

Número de teléfono de mi clínica:

Ponga atención a estos 

problemas posibles: 

DETÉNGASE y llame a su 

médico especialista en tuberculosis 

o a la enfermera de inmediato 

si tiene alguno de los siguientes 

problemas:

• Pérdida o disminución de su 

apetito por la comida

• Cólicos o malestar estomacales

• Fiebre

• Dolor de cabeza o dolores en 

el cuerpo

• Náuseas o vómitos

• Orina de color de la Coca Cola 

o heces claras

• Moretones frecuentes 

o hemorragia

• Sarpullido o picazón

• Piel y ojos amarillentos

• Debilidad o cansancio extremos

• Hormigueo o adormecimiento 

en las manos o en los pies

• Mareos

NOTA: Es normal si su orina, saliva 

o lágrimas se vuelven color naranja. 

Los lentes de contacto blandos se 

pueden manchar.
# C_2014253EN.01002902.xml

| 4.8.2014 | EN | Official Journal of the European Union | C 253/29 |
| --- | --- | --- | --- |

4.8.2014

EN

Official Journal of the European Union

C 253/29

---

Order of the General Court of 5 June 2014 — Atmeh v OHIM — Fretier (MONTALE MTL MONTALE Dezign)

(Case T-239/13) (1)

1

((Community trade mark - Application for a declaration of invalidity - Withdrawal of the application - No need to adjudicate))

2014/C 253/42

Language of the case: French

Parties

Parties

Applicant: Ammar Atmeh (Diera-Dubai, United Arab Emirates) (represented by: A. Berthet, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: A. Folliard-Monguiral, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court: Sylvie Fretier (Paris, France) (represented by: T. Cuche, lawyer)

Other party to the proceedings before the Board of Appeal of OHIM, intervening before the General Court:

Re:

Re:

Action brought against the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (OHIM) of 14 February 2013 (Joined Cases R 1482/2011-4 and R 1571/2011-4) relating to invalidity proceedings between Ammar Atmeh and Sylvie Fretier.

Operative part of the order

Operative part of the order

| 1) | There is no longer any need to adjudicate on the action. |
| --- | --- |

1)

There is no longer any need to adjudicate on the action.

| 2) | The applicant and the intervener shall each bear their own costs and each shall pay one half of the costs incurred by the defendant. |
| --- | --- |

2)

The applicant and the intervener shall each bear their own costs and each shall pay one half of the costs incurred by the defendant.

---

(1)  OJ C 207, 20.7.2013.

1

---
No. 10-6798.

#### Dennis C. Reed, Petitioner v. Pennsylvania.

562 U.S. 1020, 131 S. Ct. 549,

178 L. Ed. 2d 402,

2010 U.S. LEXIS 8398.

November 1, 2010.

Petition for writ of certiorari to the Supreme Court of Pennsylvania, Eastern District, denied.

*403Same case below, 605 Pa. 431, 990 A.2d 1158.
HDI Fitness center reopens
 By Jeff Landenberger
  Keeping things clean and sanitized is the name of the game for the Hart-Dole-Inouye Federal Center fitness facility as people are once again welcomed back to work out. “We just reopened on the 21st of January to employees,” said Martha Kerns, the federal center sports and fitness facilities manager. **Dan Roberts, one of the fitness trainers at the HDI Fitness Center sprays down fitness equipment as part of the cleaning regiment used to ensure the safety of employees using the center’s equipment.




A person with a mask covering his mouth and nose sprays cleaner at fitness equipment to sanitize it for the next person.
        Clean
            Dan Roberts, one of the fitness trainers at the HDI Fitness Center sprays down fitness equipment as part of the cleaning regiment used to ensure the safety of employees using the center’s equipment.

            SHARE IMAGE:

                Download Image
                    Image Details
                    
                    Photo By: Jeff Landenberger
                    
                    VIRIN: 210126-D-YU183-077**Kerns said gym use is currently by appointment only. Appointments start at the top of the hour and run for 50 minutes. Each person using the fitness center is required to clean any piece of equipment they use before and after each use. The staff will use the 10 minutes between sessions to provide additional cleaning and sterilization needed for equipment that was used. ”Our goal is to keep the staff and the employees safe and healthy,” Kerns said. During the fitness center’s shutdown, Kerns said the center added new equipment and stayed busy. “The staff was able to concentrate on getting more knowledge on physiology and new fitness trends and earning certifications to provide a better service for everybody,” she said. Even though the fitness center is open again to help everyone fight what she calls the “COVID-19 (pounds),” trainers will not be conducting in-person training sessions yet. But, Kerns said, people can call the fitness center to set up a virtual appointment with a trainer to set up a personal fitness program. She also said trainers will be onsite in the fitness center while people are working out and will still ensure people are using equipment correctly even while socially distancing. “Our goal is to help them recover and reach their fitness goals,” Kerns said. The MWR Fitness Center is located at 2C-B-1. To make an appointment, call (269) 961-5350.
**Exhibit 21**

 

Subsidiaries of the Registrant

 

The following is a list of all of the subsidiaries of CoBiz Financial Inc. and the names, other than their proper corporate names, under which they do business:

 
| 1.     |   | CoBiz Bank, a Colorado state-chartered bank owned 100% by CoBiz Financial Inc., doing business as Colorado Business Bank and Arizona Business Bank.                                    |
|--------|--------|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
|   |   |                                                                                                                                                                                   |
| 2.     |   | Financial Designs, Ltd., a Colorado corporation owned 100% by CoBiz Financial Inc.                                                                                                     |
|   |   |                                                                                                                                                                                   |
| 3.     |   | CoBiz Insurance, Inc., a Colorado corporation owned 100% by CoBiz Financial Inc.                                                                                                  |
|   |   |                                                                                                                                                                                   |
| 4.     |   | CoBiz GMB, Inc., a Colorado corporation owned 100% by CoBiz Financial Inc. and the sole general partner of Green Manning & Bunch, Ltd., a Colorado limited partnership.  |
|   |   |                                                                                                                                                                                   |
| 5.     |   | CoBiz ACMG, Inc., a Colorado corporation owned 100% by CoBiz Financial Inc. and the sole member of Alexander Capital Management Group, LLC, a Colorado limited liability company. |
|   |   |                                                                                                                                                                                   |
| 6.     |   | Wagner Investment Management, Inc., a Colorado corporation, owned 100% by CoBiz Financial, Inc.                                                                              |
#### The People of the State of New York, Respondent, v Jonathan Montero, Appellant.

[65 NYS3d 709]

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Jill Konviser, J.), rendered January 19, 2016, said appeal having been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sentence not excessive, it is unanimously ordered that the judgment so appealed from be and the same is hereby affirmed.

Concur— Friedman, J.P., Gische, Webber, Kahn and Singh, JJ.
HflDOn 

Roofing 

C 0 m pan y A Name You Can Trust 

5039 West Avenue • P. 0. Box 13380 • Son Antonio, Texas 78213 

(210) 341-3100 ·(BOO) 688-7663 ·Fox (210) 341-2959 

www.beldon.com 

via CMRRR #91 7108 2133 3939 7759 0111 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, S.E. 

Washington, D.C. 20950 

RE: Exemption No. 13469 

March 9, 2016 

Regulatory Docket No. FAA-2015-3250 

Dear Madam or Sir, 

.._.·; ... 

Please be advised that we are no longer in possession of the drone model Phantom 3 

Advance (manufacturer, DJI). This drone is in the possession of its owner Duane Charping, a 

former employee of Beldon Roofing Company who resigned February 29, 2016. 

· We are still:in possession of the Phantom 3 Standard. 

··Should you require any additional information, feel free to contact me. 

Sincerely, 

BELDON ROOFING COMPANY 

cl~! l!wrp- Sr. Paralegal to Curtis P. Cote, General Counsel 

copy: 

via regular mail and email transmission to: 333exemjJtions@faa.gov 

Ms. Brenda Robeson, Program Analyst 

U.S. Dept. of Transportation- FAA 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

Mr. Duane Charping 

5646 Southern Oaks 

San Antonio, Texas 78261 

Licensed in the states af Florida ((.[057757, Nevada #68211, and other states. Please see www.beldon.com/states for a complete list of licenses.
No. 10-6225.

#### Julius Dodson, Petitioner v. Brian Coleman, Superintendent, State Correctional Institution at Fayette, et al.

562 U.S. 1013, 131 S. Ct. 527,

178 L. Ed. 2d 388,

2010 U.S. LEXIS 8487.

November 1, 2010.

Petition for writ of certiorari to the Supreme Court of Pennsylvania, Middle District, denied.
No. 10-6709.

#### Anson Whitted, Petitioner v. New York.

562 U.S. 1070, 131 S. Ct. 660,

178 L. Ed. 2d 493,

2010 U.S. LEXIS 9112.

November 29, 2010.

Petition for writ of certiorari to the Appellate Division, Supreme Court of New York, Second Judicial Department, denied.

Same case below, 71 App. Div. 3d 1066, 896 N.Y.S.2d 686.
# C_2014431EN.01004601.xml

| 1.12.2014 | EN | Official Journal of the European Union | C 431/46 |
| --- | --- | --- | --- |

1.12.2014

EN

Official Journal of the European Union

C 431/46

---

Order of the General Court of 1 October 2014 — Tui Deutschland v OHIM — Infinity Real Estate & Project Development (Sensimar)

(Case T-706/13) (1)

1

(2014/C 431/72)

Language of the case: German

The President of the Fourth Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 61, 1.3.2014.

1

---
**EXHIBIT 32**

 

Certification Pursuant to 18 U.S.C. § 1350

 

In our capacities asPresident and Chief Executive Officer and Vice President, Corporate Developmentand Chief Financial Officer of Stressgen Biotechnologies Corporation (the “Company”)we hereby certify based on our respective knowledge that: (a) the enclosedQuarterly Report on Form 10-Q for the period ended September 30, 2004 as filedwith the Securities and Exchange Commission on the date hereof fully complieswith the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934 and (b) the information contained in such Quarterly Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company as of and for the periods covered in the QuarterlyReport.

 

 
| /s/Daniel L. Korpolinski                                            |   |
|---------------------------------------------------------------------|--------|
| Daniel L. Korpolinski                                               |
| President and Chief Executive Officer                               |
|                                                                |
| /s/ Gregory M. McKee                                                |   |
| Gregory M. McKee                                                    |
| Vice  President, Corporate Development and Chief  Financial Officer |

 

----
# C_2015046EN.01004902.xml

| 9.2.2015 | EN | Official Journal of the European Union | C 46/49 |
| --- | --- | --- | --- |

9.2.2015

EN

Official Journal of the European Union

C 46/49

---

Judgment of the General Court of 12 December 2014 — AN v Commission

AN

Commission

(Case T-512/13 P) (1)

1

((Appeal - Civil service - Officials - Psychological harassment - Article 22a(3) of the Staff Regulations - Failure to adjudicate - Distortion of facts))

(2015/C 046/62)

Language of the case: French

Parties

Parties

Appellant: AN (Brussels, Belgium) (represented by: É. Boigelot and R. Murru, lawyers)

Appellant:

Other party to the proceedings: European Commission (represented by: J. Currall and C. Ehrbar, Agents)

Other party to the proceedings:

Re:

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Second Chamber) of 11 July 2013, in AN v Commission (F-111/10, ECR — Staff Cases, EU:F:2013:114) and seeking annulment of that judgment.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber), in AN v Commission (F 111/10, ECR — Staff Cases, EU:F:2013:114), in so far as it failed to adjudicate on the plea in law alleging the irregularity of the investigation with the reference CMS 07/041; |
| --- | --- |

1.

Sets aside the judgment of the European Union Civil Service Tribunal (Second Chamber), in AN v Commission (F 111/10, ECR — Staff Cases, EU:F:2013:114), in so far as it failed to adjudicate on the plea in law alleging the irregularity of the investigation with the reference CMS 07/041;

| 2. | Dismisses the appeal as to the remainder; |
| --- | --- |

2.

Dismisses the appeal as to the remainder;

| 3. | Rejects the action brought by AN before the Civil Service Tribunal in in Case F-111/10; |
| --- | --- |

3.

Rejects the action brought by AN before the Civil Service Tribunal in in Case F-111/10;

| 4. | Orders AN to bear her own costs and to pay half of the costs incurred by the European Commission relating both to the proceedings before the Civil Service Tribunal and the present proceedings; |
| --- | --- |

4.

Orders AN to bear her own costs and to pay half of the costs incurred by the European Commission relating both to the proceedings before the Civil Service Tribunal and the present proceedings;

| 5. | Orders the Commission to bear half of its own costs relating both to the proceedings before the Civil Service Tribunal and the present proceedings. |
| --- | --- |

5.

Orders the Commission to bear half of its own costs relating both to the proceedings before the Civil Service Tribunal and the present proceedings.

---

(1)  OJ C 367, 14.12.2013.

1

---
# DLA named best mid-sized component for hiring employees with disabilities 

/ Published Oct. 25, 2022
FORT BELVOIR, Va., 
The Defense Logistics Agency was named Best Mid-Sized Component Among Employers of Individuals with Disabilities for the sixth consecutive year during the Secretary of Defense’s 42nd annual Disability Awards Ceremony held virtually Oct. 20.

The awards are based on criteria related to the hiring, retention and advancement of individuals with disabilities. DLA had the greatest increase of individuals with targeted disabilities, as well as the largest number of employees hired under the federal government’s Schedule A hiring authority.

DLA also led mid-sized components in converting interns from DOD’s Workforce Recruitment Program into permanent employees. The agency’s Reasonable Accommodations Program provides assistive technology and services to employees with disabilities to help them perform essential job functions.

This year’s award marks the 20th time DLA has won the mid-sized component award, said Eric Spanbauer, the DLA Equal Employment Opportunity Office’s program manager for special emphasis programs.

“What truly matters here is DLA doing our best by staying on the cutting edge of all affirmative actions to ensure accessibility is available for our valued employees with and without disabilities,” Spanbauer said. “The real achievement is about equity, which is the epitome of equal opportunity and diversity. We must always continue to improve, advance, innovate and optimize our DLA disability program.”

Steven Chu, a management and program analyst for Defense Logistics Agency Information Operations, was also one of 28 individuals recognized as an outstanding DOD employee with a disability.

“Many people with disabilities are still only seen for what we can't do, but what we can't do does not stop us from working hard to support our country and those who fight for it,” Chu said.

The awards are presented every October during National Disability Employment Awareness Month. This year’s theme is “Disability: Part of the Equity Equation.”

“Here at the Pentagon, Secretary [of Defense Lloyd] Austin and I are committed to making sure DOD draws from all of America's many and diverse strengths, and that in so doing we also reflect the nation we're sworn to defend,” said Deputy Secretary of Defense Kathleen Hicks. “We're also committed to fostering an inclusive and accessible workplace culture across all of DOD. That's why today we're recognizing four DOD components that are leaders among their peers and hiring, retaining and promoting people with disabilities.”
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 02-1198

LUMIE SOUCEK, Plaintiff - Appellant, versus LAWSON MARDON USA, INCORPORATED, Defendant - Appellee. Appeal from the United States District Court for the Western District of North Carolina, at Charlotte. Richard L. Voorhees, District Judge. (CA-01-423-V) Submitted: April 25, 2002 Decided: May 6, 2002 Before WILLIAMS and KING, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Lumie Soucek, Appellant Pro Se. John Christopher Tillman, Associate Counsel, ALCAN ALUMINUM CORPORATION, Mayfield Heights, Ohio, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM: Lumie Soucek appeals the district court’s order dismissing her wrongful termination, harassment, fraud and intentional infliction of emotional distress claims raised on behalf of her husband. We have reviewed the record and the district court’s opinion accepting the recommendation of the magistrate judge and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See Soucek v. Lawson Mardon USA, Inc. , No. CA-01-423-V (W.D.N.C. filed Feb. 8, 2002; entered Feb. 11, 2002). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED