alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

DEBORAH RENAY NELSON-SEAMSTER, )

)

Plaintiff, )

)

vs. ) CAUSE NO. 2:13-CV-00265

)

MANSARDS APARTMENTS and )

EDGEWATER SYSTEMS, )

)

Defendants. )

DEFENDANTS, EDGEWATER SYSTEMS’ MOTION FOR SUMMARY JUDGMENT

Defendant, Edgewater Systems for Balanced Living, Inc., by counsel, is entitled to 

summary judgment on Plaintiff’s complaint as the undisputed facts show that no violation of the 

Americans With Disabilities Act exists. In support of its Motion, Defendant incorporates herein 

its memorandum in support of summary judgment and designates the following evidence:

1. The pleadings in this action, including Plaintiff's Complaint [DE 1] and 

Defendants' Answer [DE 13];

2. Portions of the Deposition of Deborah Nelson-Seamster, 

p. 45, l. 19-25;

p. 90, l. 18-25;

p. 91, l. 10-25;

p. 114, l. 6-23; 

p. 119, l. 25; 

p. 120, l. 1-16;

p. 121, l. 16-25; 

p. 122, l. 21-25; 

p. 123, l. 1-6;

p. 126, l. 24-25;

p. 127, l. 1-10;

p. 128, l. 24-25; 

p. 129, l. 1-8;

USDC IN/ND case 2:13-cv-00265-JD-JEM document 59 filed 02/25/15 page 1 of 3
2

p. 140, l. 22-25; 

p. 142, l. 2-4;

Exhibit O;

Exhibit I;

Exhibit S;

Exhibit T;

attached and incorporated as Exhibit 1. 

3. Shelter Plus Care Administration Manual, p. 3, 8, and 9, attached and 

incorporated as Exhibit 2;

4. Verified Petition for Emergency Possessory Order, Amended Complaint, and 

Order of Possession attached and incorporated as Exhibit 3;

5. Affidavit of Tyra Cooper, ¶12, 13, 14, 15, 17, 18 attached and incorporated as 

Exhibit 4;

6. Lease Addendums, attached and incorporated as Exhibit 5;

7. Correspondence from Tyra Cooper to Nelson-Seamster, dated February 25, 2013, 

attached and incorporated as Exhibit 6;

8. The Defendant’s “Statement of Material Facts,” as set forth in the text of the 

supporting Memorandum, pursuant to Local Rule 56.1.

WHEREFORE, Defendant prays that judgment be entered in their favor as a matter of 

law, for costs in this action, and for all other proper relief in the premises.

USDC IN/ND case 2:13-cv-00265-JD-JEM document 59 filed 02/25/15 page 2 of 3
3

Respectfully submitted,

HUNT SUEDHOFF KALAMAROS, LLP

By: /s/ Jennifer L. Butnaru 

Lyle R. Hardman (#16056-49)

Jennifer L. Butnaru (#27399-46)

Attorney for Defendant, Edgewater Systems for 

Balanced Living, Inc.

205 W. Jefferson Blvd., Ste. 300

Post Office Box 4156

South Bend, IN 466341-4156

Telephone: (574) 232-4801

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that a true and correct copy of the above and foregoing 

was served upon the following: 

Deborah Renay Nelson-Seamster

2394 Fillmore St.

Gary, IN 46407

by depositing a copy of the same in the United States Mail and via electronic mail using 

ECF/Pacer, respectively, this 25th day of February, 2015.

/s/ Jennifer L. Butnaru 

Jennifer L. Butnaru (#27399-46)

USDC IN/ND case 2:13-cv-00265-JD-JEM document 59 filed 02/25/15 page 3 of 3
**EXHIBIT 32.1**

**CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER**

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

          I, Xiao Ping Zhang, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of SORL AUTO PARTS, INC. on Form 10-Q for the fiscal quarter ended September 30, 2006 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that information contained in such Quarterly Report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of SORL AUTO PARTS, INC.

Date: November 6, 2006

| /s/ Xiao Ping Zhang     |   |
|-------------------------|--------|
|                         |   |
| Xiao Ping Zhang         |   |
| Chief Executive Officer |   |
I 

109TH CONGRESS 

1ST SESSION H. R. 1959

To suspend temporarily the duty on glyoxylic acid. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 28, 2005

Mr. BAKER introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL

To suspend temporarily the duty on glyoxylic acid.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. GLYOXYLIC ACID. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading:

‘‘ 9902.04.91 Glyoxylic acid (CAS No. 

298–12–4) (provided for in 

subheading 2918.30.90) ...... Free No change No change On or before 

12/31/2008 ’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 
2

•HR 1959 IH 

1 warehouse for consumption, on or after the 15th day after 

2 the date of the enactment of this Act.

Æ
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

CHAD McKINNEY, )

)

Petitioner, )

)

vs. ) CAUSE NO. 3:13-CV-677 PS

 )

SUPERINTENDENT, )

)

Respondent. )

OPINION AND ORDER

This matter is before the court on the habeas corpus petition (DE 1) filed by Chad

McKinney, a pro se prisoner, challenging his prison disciplinary proceeding at the Indiana State

Prison on May 31, 2011, where he was found guilty of Possessing Unauthorized Property in

violation of B-215. The respondent filed a motion to dismiss (DE 4) and informed the petitioner

“in the spirit of Lewis v. Faulkner, 689 F.2d 100 (7th Cir. 1982), that he had . . . twenty-three

(23) days from the date on the certificate of service to file [his] reply with the Clerk.” DE 4 at 3.

This was incorrect. Pursuant to N.D. Ind. L.Cr.R. 47-2, he had 28 days – plus the 3 days for

mailing provided for by Federal Rule of Civil Procedure 6(d) – for a total of 31 days. Thus, the

deadline was October 7, 2013. Nevertheless, I have waited even longer for a response from the

petitioner and none has arrived. 

The respondent argues that these claims are unexhausted because McKinney did not

appeal to the Final Reviewing Authority and has provided the administrative record which

proves that McKinney did not appeal beyond the Superintendent of the Indiana State Prison. In

Indiana, prison disciplinary cases cannot be appealed to the state courts, so “to exhaust a claim,

and thus preserve it for collateral review under § 2254, a prisoner must present that legal theory
to the . . . Final Reviewing Authority . . ..” Moffat v. Broyles, 288 F.3d 978, 982 (7th Cir. 2002).

Here, because McKinney did not file an administrative appeal to the Final Reviewing Authority

and has not provided any explanation for not doing so, all of these claims are procedurally

defaulted. See Lewis v. Sternes, 390 F.3d 1019, 1025-1026 (7th Cir. 2004).

For the foregoing reasons, the motion to dismiss (DE 4) is GRANTED, and the habeas

corpus petition (DE 1) is DENIED. 

SO ORDERED.

ENTERED: November 8, 2013.

s/ Philip P. Simon 

PHILIP P. SIMON, CHIEF JUDGE

UNITED STATES DISTRICT COURT

2
[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Notices]
[Page 27492]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12721]



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

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 051595F]


Permits; Foreign Fishing

    In accordance with a memorandum of understanding with the Secretary 
of State, the National Marine Fisheries Service publishes for public 
review and comment summaries of applications received by the Secretary 
of State requesting permits for foreign fishing vessels to operate in 
the Exclusive Economic Zone (EEZ) under provisions of the Magnuson 
Fishery Conservation and Management Act (Magnuson Act, 16 U.S.C. 1801 
et seq.). This notice concerns the receipt of an application from the 
Government of the Russian Federation requesting authorization to 
conduct a joint venture (JV) in the Northwest Atlantic Ocean. The 
application requests 20,000 metric tons of Atlantic sea herring be made 
available for the JV. The factory trawler NADIR is identified as the 
vessel that will receive sea herring from U.S. vessels. While no 
Fishery Management Plan for Atlantic sea herring has yet been 
implemented, based on receipt of the Russian application, and in 
accordance with section 201(h) of the Magnuson Act, necessary 
regulatory actions are being effected and a Preliminary Fishery 
Management Plan (PMP) for Atlantic sea herring is being developed. 
Approvability of the proposed JV to have the foreign vessel NADIR 
receive Atlantic sea herring from U.S. fishing vessels in the EEZ will 
be contigent on specifications under the PMP that would make available 
an amount of U.S.-harvested herring for such operations, and on other 
issues that bear on the approval of foreign fishing permits. Send 
comments on this application to:
    NOAA--National Marine Fisheries Service, Office of Fisheries 
Conservation and Management, 1315 East-West Highway, Silver Spring, MD 
20910 and/or, to one or both of the Regional Fishery Management 
Councils listed below:
    Douglas G. Marshall, Executive Director, New England Fishery 
Management Council, 5 Broadway, Saugus, MA 01906; 617/231-0422.
    David R. Keifer, Executive Director, Mid-Atlantic Fishery 
Management Council, Federal Building, Room 2115, 300 South New Street, 
Dover, DE 19901-6790; 302/674-2331.
    For further information contact Robert A. Dickinson, Office of 
Fisheries Conservation and Management, (301) 713-2337.

    Dated: May 18, 1995.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 95-12721 Filed 5-23-95; 8:45 am]
BILLING CODE 3510-22-F
USDC IN/ND case 3:14-cv-02049-PPS-CAN document 1 filed 12/01/14 page 1 of 7
USDC IN/ND case 3:14-cv-02049-PPS-CAN document 1 filed 12/01/14 page 2 of 7
USDC IN/ND case 3:14-cv-02049-PPS-CAN document 1 filed 12/01/14 page 3 of 7
USDC IN/ND case 3:14-cv-02049-PPS-CAN document 1 filed 12/01/14 page 4 of 7
USDC IN/ND case 3:14-cv-02049-PPS-CAN document 1 filed 12/01/14 page 5 of 7
USDC IN/ND case 3:14-cv-02049-PPS-CAN document 1 filed 12/01/14 page 6 of 7
USDC IN/ND case 3:14-cv-02049-PPS-CAN document 1 filed 12/01/14 page 7 of 7
** **

**ASPYRA, INC.**

**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 filing of the Quarterly Reporton Form 10-QSB for the period ended September 30, 2006 (the “Report”) byAspyra, Inc. (“Registrant”), the undersigned hereby certifies that to theirknowledge:

1.     The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934,as amended, and

2.     The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of Registrant as of and for the periods presented in the Report.

Date: November 14, 2006

/S/ Steven M. Besbeck

Steven M. Besbeck, President, Chief Executive Officer

A signed original of thiswritten statement required by Section 906 has been provided to Aspyra, Inc. andwill be retained by the Registrant and furnished to the Securities and ExchangeCommission or its staff upon request.

 

----
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Small Business Administration

          - [Disaster Declaration #16974 and #16975; Virginia Disaster Number VA-00095]

# AGENCY:

Small Business Administration.

# ACTION:

Amendment 1.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of VIRGINIA (FEMA-4602-DR), dated 05/10/2021.

*Incident:*                         Severe Winter Storms.                    

*Incident Period:*                         02/11/2021 through 02/13/2021.                    

# DATES:

Issued on 06/10/2021.

*Physical Loan Application Deadline Date:*                         07/09/2021.                    

*Economic Injury (EIDL) Loan Application Deadline Date:*                         02/10/2022.                    

# ADDRESSES:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of VIRGINIA, dated 05/10/2021, is hereby amended to include the following areas as adversely affected by the disaster.

Primary Counties: Chesterfield, Hanover.

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Number 59008)

Barbara Carson,

Acting Associate Administrator for Disaster Assistance.

[FR Doc. 2021-12810 Filed 6-16-21; 8:45 am]

BILLING CODE 8026-03-P
| 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: |
|----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 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 the registrant's board of directors (or persons performing the equivalent functions): |
|----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                    |   |                                      |   |
|-------------------------|--------|-------------------------------------------|--------|
| Date:  8-7-09 |   | /s/ Doug Carpenter                        |   |
|                    |   | C. Douglas Carpenter                      |   |
|                    |   | Senior Vice President, Secretary, and CFO |   |

----
#### GUENTHER, Appellant, v. RIDGWAY CO. Respondent. GUENTHER PUB. CO. v. SAME.

(Supreme Court, Appellate Division-*1134First Department.

March 29, 1912.)

Action by Louis Guenther and by the Guenther Publishing Company against the Eidgway Company. ' H. A. Heydt, for appellant. F. Rooney, for respondent. No opinions. Orders modified, as stated in memorandums per curiam, and, as modified, affirmed, without costs. Memorandums per curiam. Settle orders on notice.
I 

109TH CONGRESS 

1ST SESSION H. R. 1882 

To suspend temporarily the duty on Alkylketone. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 27, 2005 

Mr. CLEAVER introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on Alkylketone. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. ALKYLKETONE. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.05.76 1-(4-chlorophenyl)–4, 4-dimethyl-3-pentanone (CAS 

No. 66346–01–8) (provided 

for in subheading 

2914.70.40) ......................... Free No change No change On or before 

12/31/2008 ’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 
2 

•HR 1882 IH 

1 warehouse for consumption, on or after the 15th day after 

2 the date of enactment of this Act. 

Æ
---

CONSENT OF AUTHOR

David W. Rennie, P.Eng., 
  Roscoe Postle Associates Inc., 
  595 Howe Street, Suite 304, 
  P.O. Box 19, 
  Vancouver, British Columbia 
  CANADA      V6C 2T5 
  drennie@rpcan.com

US Securities and Exchange Commission

I, David W. Rennie, P.Eng., certify that I have read the written disclosure being filed and I do not have any reason to believe that there are any misrepresentations in the information derived from the Technical Report or that the written disclosure
in the Form 40F of Northern Dynasty Minerals Ltd. contains any misrepresentation of the information contained in Technical Report on the Pebble Deposit, Alaska, USA dated April 1, 2005 and Technical Report on the Mineral Resources
Estimate for the Pebble East Deposit, Alaska, USA dated March 9, 2006.

I do hereby consent to the filing with the regulatory authorities.

Dated this 31 day of March, 2006.

/s/ David W. Rennie
  David W. Rennie, P.Eng.



---
#### The People of the State of New York, Appellant, v Bernard Robinson, Respondent.

Appeal by the People, as limited by their motion, from a sentence of the Supreme Court, Kings County (Lombardo, J.), imposed April 1, 1982, as amended April 19,1982, upon defendant’s conviction of robbery in the first degree, robbery in the second degree, criminal possession of stolen property in the third degree and criminal possession of a weapon in the third degree, upon a jury verdict, the sentence being concurrent terms of imprisonment of 8V2 to 25 years, 5 to 15 years, 1 year and 2 to 6 years, respectively.

Sentence, as amended, modified, on the law, by vacating the sentences imposed on defendant’s conviction of robbery in the first degree, robbery in the second degree, and criminal possession of a weapon in the third degree. As so modified, sentence, as amended, affirmed and matter remitted to Criminal Term for resentencing on those counts.

The court erred in refusing to sentence defendant as a second violent felony offender upon his conviction of the crimes of robbery in the first degree and robbery in the second degree (Penal Law § 70.04), and as a second felony offender upon his conviction of criminal possession of a weapon in the third degree (Penal Law § 70.06). The record reveals that defendant’s prior conviction, upon a guilty plea, of the crime of robbery in the first degree, was not obtained in violation of his constitutional rights *(see, People v Harris,*61 NY2d 9). Accordingly, defendant must be resentenced on those felony counts *(People v Green,*98 AD2d 782). Mollen, P. J., Lazer, Brown and Eiber, JJ., concur.
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