alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1The Hon. David D. Noce, United States Magistrate Judge for the Eastern

District of Missouri, sitting by agreement of the parties under 28 U.S.C. §636(c). 

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

_____________

No. 98-3545EM

_____________

Judy Cohn, *

*

Appellant, *

*

v. * On Appeal from the United

* States District Court for

* the Eastern District of

Missouri Department of Mental Health, * Missouri.

Division of Comprehensive Psychiatric *

Services, Great Rivers Mental Health * [Not to be published]

Services, *

*

Appellee. *

___________

Submitted: March 11, 1999

Filed: March 24, 1999

___________

Before RICHARD S. ARNOLD, FLOYD R. GIBSON, and HANSEN, Circuit Judges.

___________

PER CURIAM.

This is an action under the Americans with Disabilities Act of 1990, 42 U.S.C.

§12101 et seq. The District Court1

 granted the defendant's motion for summary
2–

judgment. The Court held, among other things, that no genuine issue of fact had been

presented with respect to whether defendant realized that plaintiff was disabled, or

whether plaintiff had ever requested an accommodation. 

Having read the briefs and heard oral argument, we affirm. We do not believe

that the case has enough precedential significance to justify a full opinion. We agree

with the result reached by the District Court and with much of that Court's reasoning.

The motion of appellee to strike appellant's addendum is denied.

Affirmed. 

A true copy.

Attest:

 CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
Exhibit 32.1

NANOGEN, INC.

CERTIFICATION PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

(18 U.S.C. SECTION 1350)

In connection with
the accompanying Quarterly Report of Nanogen Inc. (the Company) on Form 10-Q for the three months ended September 30, 2008 (the Report), I, Howard C. Birndorf, Chief Executive Officer of the Company, certify, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | (1) | The Report fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and
| | --- | ------------------------------------------------------------------------------------------------------------



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



|                  |  |  |  |                                                   
|----------------- |  |  |  | --------------------------------------------------
|                  |  | 
|November 14, 2008 |  |  |  | /s/ HOWARD C. BIRNDORF                            
|                  |  |  |  | Howard C. Birndorf                                
|                  |  |  |  | Chairman of the Board, and Chief Executive Officer
#### In the Matter of the Judicial Settlement of the Account of George W. Bergen et al., as Trustees, etc., under the will of Brewster Valentine, deceased.

(Argued April 23, 1890;

decided May 9, 1890.)

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, made September 17, 1888, which affirmed a decree of the surrogate of Rockland county.

*Horace Secor, Jr.,*for appellant.

*And/rew X. Fallon*for respondent.

Agree to affirm ; no opinion.

All concur.

Order affirmed.
# C_2019372EN.01000901.xml

| 4.11.2019 | EN | Official Journal of the European Union | C 372/9 |
| --- | --- | --- | --- |

4.11.2019

EN

Official Journal of the European Union

C 372/9

---

Appeal brought on 6 May 2019 by PITEE Fogyasztóvédelmi Egyesület against the judgment of the General Court (Second Chamber) delivered on 22 March 2019 in Case T-566/18, PITEE Fogyasztóvédelmi Egyesület v European Commission

(Case C-358/19 P)

(2019/C 372/06)

Language of the case: German

Parties

Appellant: PITEE Fogyasztóvédelmi Egyesület (represented by: D. Lázár, Rechtsanwalt)

Other party: European Commission

By order of 26 September 2019, the Court of Justice of the European Union (Sixth Chamber) dismissed the appeal as manifestly unfounded and ordered the appellant to pay its own costs.

---
Order entered April 5, 2021

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-20-01085-CV

IN THE INTEREST OF T.C.N., A CHILD

On Appeal from the 255th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DF-17-15940

ORDER

By motion filed April 2, 2021, appellee seeks to withdraw as improvidently 

filed his April 1, 2021 motion to dismiss the appeal. We GRANT the motion. The 

April 1 motion to dismiss is WITHDRAWN.

/s/ BONNIE LEE GOLDSTEIN

JUSTICE
Exhibit
10.2


 


	
  

  	
  Department:

  	
  Policy
  Number:

  
	
  Human Resources

  	
   

  
	
   

  	
   

  
	
  Date
  Issued:

  	
  Supersedes
  Number:

  
	
  December 4, 2009

  	
  Original 

  
	
   

  	
   

  
	
  Prepared
  By:

  	
   

  
	
  Human Resources
  Director / General Counsel 

   

  Approved
  By:

  Compensation Committee 

  
	
   

  	
   

  
	
  Title:

  	
  Flexible Cash Allowance
  Policy

  	
   

  	
   

  
					



 


Flexible
Cash Allowance Policy


 


Effective
January 1, 2010, TriMas Corporation will provide a cash allowance for certain
senior executives in lieu of any other perquisites (including, but not limited
to, car related payments, club dues, and supplemental life insurance).  Executives covered by this policy will
receive a cash allowance to be paid in equal payments at the beginning of each financial
quarter to be used at the executive’s discretion.


 


Depending
on the executive’s position, participation in the cash allowance policy will be
subject to approval by the Compensation Committee.


 


The
cash allowance will be separate from the executive physical benefit that is
currently in place for certain senior executives which will continue to be
provided at company expense.


 


Both
eligibility to receive and the amount of the cash allowance will be reviewed
and adjusted as necessary on an annual basis, in accordance with the
compensation review process. The Compensation Committee reserves the right to
cancel or modify the terms of the cash allowance policy at any time.


 


For
2010, participants in the cash allowance policy and the respective allowance
paid shall be as follow:


 


	
  Position

  	
   

  	
  2010 Cash Allowance

  	
   

  
	
  President, Chief Executive Officer

  	
   

  	
  $

  	
   55,000

  	
   

  
	
  Chief Financial Officer

  	
   

  	
   

  	
   

  
	
  General Counsel

  	
   

  	
   

  	
   

  
	
  Vice President, Finance and Treasurer

  	
   

  	
   

  	
   

  
	
  President, Packaging Systems

  	
   

  	
   

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Business Unit Presidents

  	
   

  	
  $

  	
  25,000

  	
   

  
	
   

  	
   

  	
   

  	
   

  
	
  Vice President / Directors

  	
   

  	
  As approved
#### Westchester Medical Center, as Assignee of Peter Dilemme, Appellant, v Lancer Insurance Company, Respondent.

[942 NYS2d 373]

In an action to recover no-fault medical payments under a policy of automobile insurance, the plaintiff appeals from so much of an order of the Supreme Court, Nassau County (Marber, J.), entered September 12, 2011, as denied its motion for summary judgment on the complaint.

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

The plaintiff demonstrated its prima facie entitlement to judgment as a matter of law on its complaint to recover no-fault payments, by submitting evidence that the prescribed statutory billing form had been mailed and received by the defendant insurer, which failed to either pay or deny the claim within the requisite 30-day period *(see*Insurance Law § 5106 [a]; 11 NYCRR 65-3.5; *NYU-Hosp. for Joint Diseases v American Intl. Group, Inc.,*89 AD3d 702 [2011]; *Mount Sinai Hosp. v Country Wide Ins. Co.,*85 AD3d 1136 [2011]; *Mount Sinai Hosp. v Government Empls. Ins. Co.,*85 AD3d 1135 [2011]; *New York & Presbyt. Hosp. v Selective Ins. Co. of Am.,*43 AD3d 1019 [2007]). In opposition to the motion, however, the defendant established that it had made a timely request for additional verification and *985that it timely denied the claim within 30 days of receipt of the requested information *(see*11 NYCRR 65-3.8 [a] [1]; 65-3.5 [b]; 65-3.6 [b]; *Westchester Med. Ctr. v American Tr. Ins. Co.,*60 AD3d 848, 849 [2009]; *New York Univ. Hosp. Rusk Inst. v Government Empls. Ins. Co.,*39 AD3d 832 [2007]; *New York & Presbyt. Hosp. v Allstate Ins. Co.,*31 AD3d 512, 513 [2006]; *see generally Hospital for Joint Diseases v Travelers Prop. Cas. Ins. Co.,*9 NY3d 312, 317 [2007]).

The parties’ remaining contentions are without merit.

Accordingly, the Supreme Court properly denied the plaintiffs motion for summary judgment on the complaint. Skelos, J.E, Dillon, Eng and Austin, JJ., concur.
N OTE : This order is nonprecedential. 

# United States Court of Appeals **for the Federal Circuit**

__________________________ TAMPA BAY FISHERIES, INC. AND SINGLETON FISHERIES, INC., Plaintiffs-Appellants,

v. UNITED STATES, UNITED STATES CUSTOMS

AND BORDER PROTECTION, AND DAVID V. AGUILAR, ACTING COMMISSIONER, UNITED STATES CUSTOMS AND BORDER PROTECTION, Defendants-Appellees,
AND INTERNATIONAL TRADE COMMISSION AND DEANNA TANNER OKUN, CHAIRMAN, INTERNATIONAL TRADE COMMISSION, Defendants-Appellees.

__________________________ 2012-1419

__________________________ Appeal from the United States Court of International Trade in case no. 08-CV-0404, Judge Leo M. Gordon.

__________________________ O R D E R The court notes that the parties have not filed a status report. Case: 12-1419 Document: 29 Page: 1 Filed: 12/26/2012TAMPA BAY FISHERIES , INC

. V

. US 2
The court’s August 28, 2012 order directed the parties to notify this court within 30 days of the final disposition of appeal no. 2008-1526 concerning how they believe this appeal should proceed. Upon consideration thereof, I T I S O RDERED T HAT : The parties are directed to file a status report within 14 days of the date of filing of this order. F OR T HE C OURT
/s/ Jan Horbaly Jan Horbaly Clerk s21 Case: 12-1419 Document: 29 Page: 2 Filed: 12/26/2012
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

JULY 14 2000

THOMAS K. KAHN

CLERK

 *Honorable Myron H. Bright, U.S. Circuit Judge for the Eighth Circuit, sitting by designation.

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

__________

No. 99-11767

__________

D.C. Docket No. 98-08541-CV-KLR

FUTURE TECHNOLOGY TODAY, INC.,

a Florida Corporation,

Plaintiff-Appellant,

versus

OSF HEALTHCARE SYSTEMS,

an Illinois Corporation,

Defendant-Appellee.

__________

Appeal from the United States District Court

for the Southern District of Florida

__________

(July 14, 2000)

Before TJOFLAT, MARCUS and BRIGHT*

, Circuit Judges.

PER CURIAM:

This case presents the question of personal jurisdiction in a diversity case in

which the Appellant, Future Technology Today, Inc. ("FTT"), a Florida corporation,
2

brought an action for breach of contract and conversion against the Appellee, OSF

Healthcare Systems ("OSF"), an Illinois corporation. The contract in question

required FTT to remediate OSF's computer systems to obtain year 2000 ("Y2K")

compliant status. OSF operates various health care facilities in the Midwest (seven

in Illinois, one in Michigan, and one in Iowa). It does no business in the usual sense

in any other state. 

The factual predicate for a personal jurisdictional dispute between the parties

rests on circumstances indicating that, while FTT agreed to remedy the computer

systems located in Illinois, it performed, or attempted to perform, its remedial work

on data transmitted by the Internet from OSF to Appellant's workplace in Boca Raton,

Florida. 

Prior to Appellee declaring the contract in default, the parties dealt with FTT

personnel who came to OSF's headquarters in Peoria, Illinois. Other communication

occurred between Peoria headquarters and Boca Raton by regular, first-class mail,

electronic mail, facsimile, or telephone.

After FTT filed its action in federal district court in Florida, the Appellee

moved for a dismissal of the action for lack of personal jurisdiction. The district court

considered the motion on affidavits, as well as by conducting an evidentiary hearing.

At the conclusion, the district court granted the motion and dismissed the action in an
3

Order dated May 17, 1999. The Appellant contends that personal jurisdiction over the

Illinois corporation exists under Florida long-arm statutes, Fla. Stat. § 48.193(a)

(carrying on a business or business venture in Florida); Fla. Stat. § 48.193(b)

(committing a tort in Florida); and Fla. Stat. § 48.193(g) (breaching a contract by

failing to perform acts required by the contract to be performed in Florida).

We affirm the district court. We have carefully considered the record, the

briefs, and the oral arguments of the parties. We conclude that the district court

opinion by the Honorable Kenneth L. Ryskamp fully and fairly discusses the issues

and has reached the correct result in the case.

Accordingly, we AFFIRM on the basis of the district court opinion in District

Court Case No. 98-8541-CIV-RYSKAMP, attached as an appendix hereto,dismissing

the action.
**Exhibit32.2**

 

**Certification Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuantto**

**Section 906 of Sarbanes-Oxley Act of 2002**

                I,Joel Boyarski, the Chief Financial Officer of WorldGate Communications, Inc.,hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002, that (1) the Form 10-QA ofWorldGate Communications, Inc., for the quarterly period ended June 30, 2004(the “Form 10-QA”), fully complies withrequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934(15 U.S.C. 78m or 78o(d)) and (2) the information contained in the Form 10-QAfairly presents, in all material respects, the financial condition and resultsof operations of WorldGate Communications, Inc.

 

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

 
| Dated: | November 17, 2004 | /s/ JOEL BOYARSKI                                          |
|--------|-------------------|------------------------------------------------------------|
|   |              | Joel Boyarski,  Principal Financial and Accounting Officer |

 

 

----
<PAGE>
                                                                   EXHIBIT 10.13
March 7, 1998

Ronald A. Rittenmeyer

Ryder TRS, Inc.

1560 Broadway, Suite 1800

Denver, Colorado 80202

Re:  Employment Agreement

Dear Ron:

I have been advised that certain provisions of my employment agreement with the
Company dated December 18, 1997 may give rise to so-called "parachute payments"
under Section 280G of the Internal Revenue Code.

While my rights under my employment agreement are fully enforceable by me, I
hereby agree to waive all right and entitlement to the "Executive Severance" and
"Executive Stay-on Bonus" (collectively, the "Parachute Payments") to be
provided to me by the Company under the terms of my employment agreement.

My waiver of the Parachute Payments is subject to and conditioned on the
consummation of the transactions contemplated by the Agreement and Plan of
Merger dated as of March 4, 1998 by and among Ryder TRS, Inc., Questor Partners
Fund, L.P., Questor Side-By-Side Partners, L.P., Madison Dearborn Capital
Partners, L.P., BDG Corporation and Budget Group, Inc. (the "Merger Agreement").
If the Merger Agreement is terminated prior to the "Closing" (as defined in the
Merger Agreement) as provided in Section 10.1 of the Merger Agreement, my waiver
of the Parachute Payments shall be deemed rescinded, and the existing terms of
my employment agreement will continue to apply without regard to this waiver.
Except as otherwise provided herein, my waiver of the Parachute Payments shall
not affect any other benefits provided under my employment agreement.

Please acknowledge receipt and your agreement to the matters set forth in this
letter.

Very truly yours,

/s/ TOM ARNST

Tom Arnst


Accepted and Agreed to:

RYDER TRS, INC.

/s/ RONALD A. RITTENMEYER
____________________________
Ronald A. Rittenmeyer
Order filed, April 29, 2016

.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 16

- 00164

- CV

____________ CLAUDETTE LEWIS , Appellant

V.

ANTOINE G. FRANCES , Appellee

On Appeal from the 189th District Court

Harris County, Texas Trial C ourt Cause No. 2011

- 20728



### ORDER
The reporter’s record in this case was due April 28, 2016

. See Tex. R. App. P. 35.1. The court has not received a request to extend time for filing the record.
The record has not been filed with the court. Because the reporter’s record has not been filed timely, we issue the following order.

We order Amanda King , the official court reporter, to file the record in this appeal within 30 days of the date of this order

. PER CURIAM
IN THE SUPREME COURT OF THE STATE OF MONTANA No. DA 23
- 0645 STATE OF MONTANA,

Plaintiff and Appellee, v. JESSIE JAMES STANDIFUR,

Defendant and Appellant
.

**ORDER** Upon consideration of Appellant’s motion for extension of time, and good cause appearing, IT IS HEREBY ORDERED that Appellant is granted an extension of time to and including October 21 , 2024 , within which to prepare, file, and serve Appellant’s opening brief on appeal.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

September 13 2024

09/13/2024

Case Number: DA 23-0645
Exhibit 13.1
 SECTION 906 CERTIFICATION
  
    
    the Annual Report on Form 20-F for the year ended November 30, 2007 of OSI Geospatial
Inc. fully complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934, and
    
    the information contained in the Form 20-F fairly presents, in all material respects,
the financial condition and results of operations of OSI Geospatial Inc.
 Date: May 26, 2008
    /s/ Kenneth H. KirkpatrickPresident and Chief Executive Officer




---



##### 



SECTION 906 CERTIFICATION
  
    
    the Annual Report on Form 20-F for the year ended November 30, 2007 of OSI Geospatial
Inc..fully complies with the requirements of section 13(a) or 15(d) of the Securities
Exchange Act of 1934, and
    
    the information contained in the Form 20-F fairly presents, in all material respects,
the financial condition and results of operations of OSI Geospatial Inc.
 Date: May 26, 2008
    /s/ John T. SentjensChief Financial Officer
**Exhibit 99.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

 

**Pursuant to Section 906 of the Sarbanes-OxleyAct of 2002 (18 U.S.C. 1350)**

 

The undersigned executive officer of MindenBancorp, Inc. (the “Registrant”) hereby certifies that the Registrant’s Form10-KSB for the fiscal year ended December 31, 2002 fully complies with therequirements of Section 13(a) of the Securities Exchange Act of 1934 and thatthe information contained therein fairly presents, in all material respects,the financial condition and results of operations of the Registrant.

 
|                  | /s/ A. David  Evans |                                              |
|-----------------------|---------------------|---------------------------------------------------|
|                  | Name:               | A. David  Evans                                   |
|                  | Title:              | Chairman,  President and Chief  Executive Officer |
|                  |                |                                              |
|                  |                |                                              |
| Date: March  28, 2003 |                |                                              |
|                       |                     |                                                   |  |

 

----
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                    
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                -                       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.                  

###### Department of Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:* National Heart, Lung, and Blood Institute Special Emphasis Panel; NHLBI Conference Grants.

*Date:* August 4, 2021.

*Time:* 12:30 p.m. to 4:30 p.m.

*Agenda:* To review and evaluate grant applications.

*Place:* National Institutes of Health, 6705 Rockledge Drive, Bethesda, MD 20817 (Virtual Meeting).

*Contact Person:* Michael P. Reilly, Ph.D., Scientific Review Officer, Office of Scientific Review/DERA, National Heart, Lung, and Blood Institute, National Institutes of Health, 6705 Rockledge Drive, Room 208-Z, Bethesda, MD 20892, (301) 827-7975, *reillymp@nhlbi.nih.gov*.

(Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS) 

Dated: June 30, 2021.

David W. Freeman,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2021-14421 Filed 7-6-21; 8:45 am]

BILLING CODE 4140-01-P