alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jory Vinikour, Appellant, v Jamaica Hospital, Respondent, et al., Defendants.

[767 NYS2d 873]

In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Queens County (Durante, J.), dated January 13, 2003, which denied his motion to vacate the dismissal of the action pursuant to CPLR 3216 and for leave to file a note of issue.

*519Ordered that the order is affirmed, with costs.

In a compliance order dated November 13, 1998, the Supreme Court directed the plaintiff to file a note of issue on or before March 24, 1999, and warned that failure to comply may serve as a basis for dismissal pursuant to CPLR 3216. Counsel for both parties signed the order. Contrary to the plaintiffs contention, this had the same effect as a valid 90-day notice pursuant to CPLR 3216 *(see Aguilar v Knutson,*296 AD2d 562 [2002]; *Werbin v Locicero,*287 AD2d 617 [2001]). Subsequently, on April 30, 1999, the court “so-ordered” a stipulation between the parties extending the plaintiffs deadline for filing a note of issue until September 15, 1999. Having received the “so-ordered” stipulation, the plaintiff was required either to file a note of issue by the new deadline, September 15, 1999, or move pursuant to CPLR 2004, prior to the default date, for an extension of time within which to comply *(see Werbin v Locicero, supra).*The plaintiff did neither. The action was subsequently dismissed pursuant to CPLR 3216. The plaintiff failed to move to restore the action within one year. Accordingly, the motion to vacate the dismissal was properly denied *(see Lopez v Imperial Delivery Serv.,*282 AD2d 190 [2001]).

Since CPLR 3216 (a) authorizes a court to dismiss a pleading “on its own initiative or upon motion,” the defendant’s failure to move for dismissal after the plaintiff failed to comply with the court order did not render the dismissal invalid.

The plaintiffs remaining contentions are without merit. Altman, J.P., S. Miller, McGinity, Adams and Mastro, JJ., concur.
<PAGE>   1
                                                                    EXHIBIT 21.1


                           EAGLE-PICHER HOLDINGS, INC.

        SUBSIDIARIES OF EAGLE-PICHER INDUSTRIES, INC. (THE "SUBSIDIARY")


Cincinnati Industrial Machinery Sales Company [Ohio]
Daisy Parts, Inc. [Michigan]
Eagle-Picher Acceptance Corporation [Ohio]
Eagle-Picher Development Company, Inc. [Delaware]
         Michigan Automotive Research Corporation (MARCO) [Michigan]
Eagle-Picher Far East, Inc. [Delaware]
Eagle-Picher Fluid Systems, Inc. [Michigan]
Eagle-Picher, Inc. [Virgin Islands]
Eagle-Picher Industries of Canada Limited [Canada]
Eagle-Picher Industries Europe B.V. [Netherlands]
         Eagle-Picher Automotive GmbH [Germany]
         Eagle-Picher Espana, S.A. [Spain]
         Eagle-Picher UK Limited [England and Wales]
                Eagle-Picher Fluid Systems Ltd. [England and Wales]
                Eagle-Picher Hillsdale Limited [England and Wales]
         Eagle-Picher Wolverine GmbH [Germany]
                Eagle-Picher Technologies GmbH [Germany]
Eagle-Picher Minerals, Inc. [Nevada]
         Eagle-Picher Minerals International S.A.R.L. [France]
                United Minerals GmbH & Co. KG [Germany]
                United Minerals Verwaltungs- und Beteiligungs GmbH [Germany]
Eagle-Picher Technologies, LLC [Delaware]
EPTEC, S.A. de C.V. [Mexico]
Equipos de Acuna, S.A. de C.V. [Mexico]
Hillsdale Tool & Manufacturing Co. [Michigan]




[ ] Brackets indicate state or country of incorporation and do not form part of
corporate name.
# C_2016211EN.01004301.xml

| 13.6.2016 | EN | Official Journal of the European Union | C 211/43 |
| --- | --- | --- | --- |

13.6.2016

EN

Official Journal of the European Union

C 211/43

---

Judgment of the General Court of 27 April 2016 — Pappalardo and Others v Commission

(Case T-316/13) (1)

((Non-contractual liability - Fisheries - Conservation of fisheries resources - Reconstitution of stocks of bluefin tuna - Emergency measures prohibiting fishing by purse seiners - Sufficiently serious infringement of a rule of law conferring rights on individuals))

(2016/C 211/53)

Language of the case: Italian

Parties

Applicants: Salvatore Aniello Pappalardo (Cetara, Italy), Pescatori La Tonnara Soc. coop. (Cetara), Fedemar Srl (Cetara), Testa Giuseppe E C. Snc (Catane, Italy), Pescatori San Pietro Apostolo Srl (Cetara), Camplone Arnaldo & C. Snc di Camplone Arnaldo EC (Pescara, Italy) and Valentino Pesca Sas di Camplone Arnaldo & C. (Pescara) (represented by: V. Cannizzaro and L. Caroli, lawyers)

Defendant: European Commission (represented by: A. Bouquet and D. Nardi, acting as Agents)

Re:

Action for compensation in respect of damage allegedly suffered by the applicants following the adoption of Commission Regulation (EC) No 530/2008 of 12 June 2008 establishing emergency measures as regards purse seiners fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45 W, and in the Mediterranean Sea (OJ 2008 L 155, p. 9).

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Salvatore Aniello Pappalardo, Pescatori La Tonnara Soc. coop., Fedemar Srl, Testa Giuseppe E C. Snc, Pescatori San Pietro Apostolo Srl, Camplone Arnaldo & C. Snc di Camplone Arnaldo EC and Valentino Pesca Sas di Camplone Arnaldo & C. to pay the costs. |
| --- | --- |

2.

Orders Salvatore Aniello Pappalardo, Pescatori La Tonnara Soc. coop., Fedemar Srl, Testa Giuseppe E C. Snc, Pescatori San Pietro Apostolo Srl, Camplone Arnaldo & C. Snc di Camplone Arnaldo EC and Valentino Pesca Sas di Camplone Arnaldo & C. to pay the costs.

---

(1)  OJ C 226, 3.8.2013.

---
Letter Agreement, dated December 2, 2004


 EXHIBIT 10.44 
  
 December 02, 2004 
  
 Mr. Nico Rosier 
 Chief Financial Officer 
 Prolong Super Lubricants, Inc. 
 6 Thomas 
 Irvine, CA 92618 
  
 Re: Early Termination of Employment Agreement 
  
 Dear Nico: 
  
 Pursuant to our discussions, this letter will outline the
terms of the early termination of your Employment Agreement originally dated June 1, 2000 and the Addendum thereto dated August 19th, 2002. 
  

	•	Your final day of employment under the terms of the Employment Agreement referenced above will be Wednesday, December 29, 2004. On that day, you will resign your position as CFO of
Prolong International Corporation and Prolong Super Lubricants, Inc. With your resignation, all of the terms of the Employment Agreement shall be deemed satisfied in full. 

  

	•	You shall continue as an employee of the Company, working on auditing, budgeting, accounting and other administrative matters as assigned to you by the CEO for a period of six
months, terminating your employment on June 30th, 2005. 

  

	•	Assignments will include, but are not limited to: 

  

			
	1)	  	Assist the new CFO in the transitional process, if requested.
	2)	  	Assist in the 2004 year-end closing, if requested
	3)	  	Assist the Company in raising capital, if requested.
	4)	  	Assist in preparing the 2005 operating budget and business plan, if requested.
	5)	  	Attend to the requirements of “Sarbanes Oxley Section 404” internal control procedures.

  

	•	Your salary and minimum work schedule shall be as follows: 

  

					
	January 2005	    	$6,000 per month	 	3 days per week
	February 2005	    	$5,000 per month	 	2 days per week
	March 2005	    	$4,000 per month	 	1 day per week
	April 2005	    	$3,000 per month	 	1 day per week from home
	May 2005	    	$3,000 per month	 	1 day per week from home
	June 2005	    	$3,000 per month	 	1 day per week from home

  

	•	Your auto, medical, dental, vision, life and disability benefits shall terminate on June 30, 2005, at which time you will receive information regarding your COBRA rights.


  

	•	All accrued PTO will be paid on December 29, 2004 and no further PTO will accrue. 

  

	•	Pursuant to section 5.6 of your Employment Agreement, all stock options currently granted will immediately vest so that all stock options will be fully exercisable, and all
restricted stock shall be exercisable for a period of one (1) year following the date of termination. 







 We appreciate the years of service that you’ve given Prolong and wish you great luck in all your future endeavors.

  
 Sincerely, 
  

	
	 /s/ Elton Alderman


	Elton Alderman
	President and CEO

  

			
	AGREED:	  	 
		
	 /s/ Nicolaas Rosier

	  	December 2, 2004
	Mr. Nico Rosier	  	Date
No. 10-5393.

#### Shawn Peterkin, aka Shawn James, Petitioner v. United States.

562 U.S. 954, 131 S. Ct. 290,

178 L. Ed. 2d 253,

2010 U.S. LEXIS 7792.

October 4, 2010.

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

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

Same case below, 374 Fed. Appx. 208.
Exhibit 31.2

                                 CERTIFICATIONS

I, Stephan W. Zumsteg, certify that:

  1.   I have reviewed this annual report on Form 10-K of Energy Conversion
  Devices, Inc.;

  2.   Based on my knowledge, this report does not contain any untrue statement
  of a material fact or omit to state a material fact necessary to make the
  statements made, in light of the circumstances under which such statements
  were made, not misleading with respect to the period covered by this report.

  3.   Based on my knowledge, the financial statements, and other financial
  information included in this report, fairly present in all material respects
  the financial condition, results of operations and cash flows of the
  registrant as of, and for, the periods presented in this report;

  4.   The registrant's other certifying officer and I are responsible for
  establishing and maintaining disclosure controls and procedures (as defined in
  Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

    a) Designed such disclosure controls and procedures, or caused such
    disclosure controls and procedures to be designed under our supervision, to
    ensure that material information relating to the registrant, including its
    consolidated subsidiaries, is made known to us by others within those
    entities, particularly during the period in which this report is being
    prepared;

    b) Evaluated the effectiveness of the registrant's disclosure controls and
    procedures and presented in this report our conclusions about the
    effectiveness of the disclosure controls and procedures, as of the end of
    the period covered by this report based on such evaluation; and

    c) Disclosed in this report any change in the registrant's internal control
    over financial reporting that occurred during the registrant's most recent
    fiscal quarter (the registrant's fourth fiscal quarter in the case of an
    annual report) that has materially affected, or is reasonably likely to
    materially affect, the registrant's internal control over financial
    reporting; and

  5.   The registrant's other certifying officer and I have disclosed, based on
  our most recent evaluation of internal control over financial reporting, to
  the registrant's auditors and the audit committee of registrant's board of
  directors (or persons performing the equivalent functions):

    a) All significant deficiencies and material weaknesses in the design or
    operation of internal control over financial reporting which are reasonably
    likely to adversely affect the registrant's ability to record, process,
    summarize and report financial information; and

    b) Any fraud, whether or not material, that involves management or other
    employees who have a significant role in the registrant's internal control
    over financial reporting.



  Date: September 13, 2004                     /s/ Stephan W. Zumsteg
                                               ---------------------------------
                                               Stephan W. Zumsteg
                                               Chief Financial Officer
# C_2015429EN.01001701.xml

| 21.12.2015 | EN | Official Journal of the European Union | C 429/17 |
| --- | --- | --- | --- |

21.12.2015

EN

Official Journal of the European Union

C 429/17

---

Judgment of the General Court of 29 October 2015 — Direct Way and Directway Worldwide v Parliament

(Case T-126/13) (1)

1

((Public service contracts - Tendering procedure - Transport for Members of the European Parliament - Decision to declare unsuccessful and to close the tendering procedure and to initiate a negotiated procedure - Award of contract to another tenderer - Equal treatment - Substantial change to the original conditions of the contract))

(2015/C 429/22)

Language of the case: French

Parties

Parties

Applicants: Direct Way (Machelen, Belgium) and Directway Worldwide (Machelen) (represented by: E. van Nuffel d’Heynsbroeck)

Applicants:

Defendant: European Parliament (represented by: L. Darie and P. Biström, acting as Agents)

Defendant:

Re:

Re:

Application to annul three European Parliament decisions relating to awarding the contract for transport services for Members of the Parliament in Brussels.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1) | Dismisses the action; |
| --- | --- |

1)

Dismisses the action;

| 2) | Orders Direct Way and Directway Worldwide to pay the costs. |
| --- | --- |

2)

Orders Direct Way and Directway Worldwide to pay the costs.

---

(1)  OJ C 147, 25.5.2013.

1

---
No. 10-5385.

#### Michael T. Stevens, Petitioner v. United States.

562 U.S. 1104, 131 S. Ct. 816,

178 L. Ed. 2d 550,

2010 U.S. LEXIS 9578.

December 6, 2010.

Petition for rehearing denied.

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

Former decision, 562 U.S. 954, 131 S. Ct. 288, 178 L. Ed. 2d 253, 2010 U.S. LEXIS 7764.
#### People v Mora

1st Dept: 138 AD3d 641 (Bronx)

denied 8/25/16 (DiFiore, Ch. J.)
Final - February 27, 2020

PRESIDER/PRESENTER(s)

Dr. José Romero (ACIP Chair)

Dr. Amanda Cohn (ACIP Executive Secretary, CDC)

11:15 Coronavirus Disease 2019 (COVID-19) Vaccines

Introduction

Overview of Janssen's single dose COVID-19 vaccine, Ad26.COV2.S

Dr. Beth Bell (ACIP, WG Chair)

Dr. Macaya Douoguih (Janssen Pharamaceuticals Companies of Johnson & Johnson)

12:30

12:45 GRADE: Janssen COVID-19 vaccine

Evidence to Recommendation Framework: Janssen COVID-19 vaccine

Dr. Julia Gargano (CDC/NCIRD)

Dr. Sara Oliver (CDC/NCIRD)

2:00

2:15

3:00 Discussion 

VOTE

Janssen COVID-19 Vaccine Dr. Sara Oliver (CDC/NCIRD)

4:00

Dr. José Romero (ACIP Chair)

Dr. Amanda Cohn (ACIP Executive Secretary, CDC)

Dr. Beth Bell (ACIP, WG Chair)

Dr. Kathleen Dooling (CDC/NCIRD)

Ms. Jessica MacNeil (CDC/NCIRD)

11:15 Coronavirus Disease 2019 (COVID-19) Vaccines

Introduction

Implementation considerations for COVID-19 vaccines

Clinical Considerations for use of COVID-19 vaccines

12:30

1:00 Vaccine Safety Technical Subgroup (VaST) introduction

COVID-19 Vaccine Safety Update

VaST assessement of safety data

Dr. Grace Lee (ACIP, VaST Co-chair)

Dr. Tom Shimabukuro (CDC/NCEZID)

Dr. Grace Lee (ACIP, VaST Co-chair)

2:00

2:15 Dr. Heather Scobie (CDC/CGH)

3:00

CDC

COVID-19

NCIRD

SARS-CoV-2

WG

Sunday, February 28, 2021

11:00 Welcome & Introductions

Break

Monday, March 1, 2021

11:00 Welcome & Introductions

Adjourn

Break

Public Comment

Break

MEETING OF THE ADVISORY COMMITTEE ON IMMUNIZATION PRACTICES (ACIP)

Centers for Disease Control and Prevention

Atlanta, Georgia 30329 

February 28 and March 1, 2021

AGENDA ITEM

Emerging SARS-CoV-2 Variants

Break

Work Group

Severe acute respiratory syndrome coronavirus 2

Coronavirus disease 2019

National Center for Immunization & Respiratory Diseases [of CDC/OID] 

Adjourn

Centers for Disease Control and Prevention

page 1 of 1
No. 10-6646.

#### Saul Vincent Guilliot, Petitioner v. United States.

562 U.S. 1017, 131 S. Ct. 539,

178 L. Ed. 2d 396,

2010 U.S. LEXIS 8443.

November 1, 2010.

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

Same case below, 383 Fed. Appx. 416.
Exhibit 32.2

Certification of
Michael S. Marcus                      Vice President, Chief Financial Officer
                                       of                            Duckwall-ALCO
Stores, Inc.

I,
Michael S. Marcus, Vice President and Chief Financial Officer, of Duckwall-ALCO Stores,
Inc., hereby certify, in accordance with 18 U.S.C. ss. 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

|(a) | The Annual  Report on Form 10-K for the year ended January 29,
                  2006,  which  accompanies this  certification,  fully complies
                  with  the  requirements  of  section  13(a)  or  15(d)  of the
                  Securities Exchange Act of 1934, as amended; and
|--- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|(b) | The  information  contained in the Annual  Report on Form 10-K                   for
the year ended January 29, 2006,  which  accompanies  this
                  certification,  fairly presents, in all material respects, the
                  financial condition and results of operations of Duckwall-ALCO
                  Stores, Inc.
|--- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|By: | /s/ Michael S. Marcus                                                                                                         
|--- | ------------------------------------------------------------------------------------------------------------------------------
|    | Michael S. Marcus
                                                              
      Vice President, Chief Financial Officer

Dated:  May 3, 2006

---
Exhibit 31.1  CERTIFICATIONS I, Michael Feinsod, certify that:  1.I have reviewed this Quarterly Report on Form 10-Q of Ameritrans Capital Corporation;2.Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;3.Based on my knowledge, the financial statements and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;4.The registrants other certifying officer and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules 13a-15(f) and 15d-15(f)) for the registrant and have:a)Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;b)Designed such internal control over financial reporting, or caused such internal control over financial reporting to be designed under our supervision, to provide reasonable assurance regarding the reliability of financial reporting and the preparation of financial statements for external purposes in accordance with generally accepted accounting principles;c)Evaluated the effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; andd)Disclosed in this report any changes in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter, that has materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and5.The registrants other certifying officer and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):a)All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; andb)Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrants internal control over financial reporting.Date: February 14, 2012/s/ Michael R. Feinsod
Michael R. Feinsod
Chief Executive Officer
No. 10-6870.

#### Matthew Bradley Kellner, Petitioner v. California.

562 U.S. 1059, 131 S. Ct. 686,

178 L. Ed. 2d 475,

2010 U.S. LEXIS 9274.

November 29, 2010.

Motion of petitioner for leave to proceed in forma pau-peris denied. Petitioner is allowed until December 20, 2010, within which to pay the docketing fee required by Rule 38(a) and to submit a petition in compliance with Rule 33.1 of the Rules of this Court.
[Federal Register Volume 63, Number 113 (Friday, June 12, 1998)]
[Notices]
[Pages 32214-32215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15736]


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

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 
1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other 
applicable statutes and regulations to become a bank holding company 
and/or to acquire the assets or the ownership of, control of, or the 
power to vote shares of a bank or bank holding company and all of the

[[Page 32215]]

banks and nonbanking companies owned by the bank holding company, 
including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank indicated. The application also will be available 
for inspection at the offices of the Board of Governors. Interested 
persons may express their views in writing on the standards enumerated 
in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the 
acquisition of a nonbanking company, the review also includes whether 
the acquisition of the nonbanking company complies with the standards 
in section 4 of the BHC Act. Unless otherwise noted, nonbanking 
activities will be conducted throughout the United States.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than June 29, 1998.
    A. Federal Reserve Bank of Minneapolis (Karen L. Grandstrand, Vice 
President) 90 Hennepin Avenue, P.O. Box 291, Minneapolis, Minnesota 
55480-0291:
    1. JDOB, Inc., Sandstone, Minnesota; to acquire at least 80 percent 
of the voting shares of Lakeland National Bank, Lino Lakes, Minnesota a 
de novo bank.

    Board of Governors of the Federal Reserve System, June 9, 1998.
Robert deV. Frierson,
Associate Secretary of the Board.
[FR Doc. 98-15736 Filed 6-11-98; 8:45 am]
BILLING CODE 6210-01-F