alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Case 1:02-cv-03747   Document 44    Filed 05/14/03   Page 1 of 7

Case 1:02-cv-03747   Document 44    Filed 05/14/03   Page 2 of 7

Case 1:02-cv-03747   Document 44    Filed 05/14/03   Page 3 of 7

Case 1:02-cv-03747   Document 44    Filed 05/14/03   Page 4 of 7

Case 1:02-cv-03747   Document 44    Filed 05/14/03   Page 5 of 7

Case 1:02-cv-03747   Document 44    Filed 05/14/03   Page 6 of 7

Case 1:02-cv-03747   Document 44    Filed 05/14/03   Page 7 of 7
<PAGE>

EXHIBIT 32.1

CERTIFICATIONS OF
CHIEF EXECUTIVE OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF SARBANES-OXLEY ACT OF 2002


         In connection with the annual report on Form 10-KSB of Whitewing
Environmental Corp. (the "Company") for the year ended December 31, 2003 (the
"Report"), I, Joseph J. Bianco, hereby certify in my capacity as Chief Executive
Officer of Whitewing, pursuant to 18 U.S.C. Section 1350 as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge
and belief:

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

         2. The information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of
Whitewing.

Dated: June 15, 2004                  By: /S/ Joseph J. Bianco

                                          -------------------------------------
                                          Name:  Joseph J. Bianco
                                          Title: Chief Executive Officer



A signed original of this written statement required by Section 906 has been
provided to the Company and will be retained by the Company and furnished to the
Securities and Exchange Commission or its staff upon request.
```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 193 Agreed to Senate (ATS)]

112th CONGRESS
  1st Session
S. RES. 193

           Honoring the bicentennial of the City of Astoria.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 19, 2011

    Mr. Merkley (for himself and Mr. Wyden) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
           Honoring the bicentennial of the City of Astoria.

Whereas Astoria is a scenic gem on the coast of Oregon, and the residents of 
        Astoria have long represented the essence of what it means to be an 
        Oregonian;
Whereas the site of Astoria, located at the mouth of the Columbia River where 
        the Columbia River meets the Pacific Ocean, marks the endpoint of the 
        epic Lewis and Clark expedition to explore the American West, and was 
        founded by fur traders in 1811;
Whereas Thomas Jefferson recognized Astoria as the Nation's first significant 
        claim to the West and noted that were it not for the settlement of 
        Astoria, the United States may have ended at the Rocky Mountains;
Whereas Astoria evolved from being a fur trading hub to serving as the ad-hoc 
        capital of Oregon Country, and later became a prominent leader in the 
        fishing and timber industries and an important port city;
Whereas Astoria was incorporated in 1856, and today is a center for 
        manufacturing, art, tourism, and fishing;
Whereas settlers from Scandinavia and China were among the first to come to 
        Astoria, and the presence of their descendants has contributed to a town 
        rich in both history and culture;
Whereas Astoria is a vibrant tourism destination that has chronicled its 
        remarkable history with the establishment of superb museums and well-
        preserved historical sites;
Whereas citizens of Astoria and visitors from around the country and the world 
        enjoy boating, fishing, and hiking in one of the most beautiful areas on 
        the West Coast; and
Whereas the natural beauty of the region has been noted by many artists, 
        filmmakers, and writers, serving as the backdrop for many stories, 
        including the beloved film ``The Goonies'': Now, therefore, be it
    Resolved, That it is the sense of the Senate that--
            (1) Astoria's bicentennial should be observed and 
        celebrated;
            (2) the people of Astoria should be thanked for their many 
        pioneering contributions to the State of Oregon and the United 
        States; and
            (3) an enrolled copy of this resolution should be 
        transmitted to the State of Oregon for appropriate display.
                                 <all>
```
# C_2015096EN.01001802.xml

| 23.3.2015 | EN | Official Journal of the European Union | C 96/18 |
| --- | --- | --- | --- |

23.3.2015

EN

Official Journal of the European Union

C 96/18

---

Judgment of the General Court of 6 February 2015 — BQ v Court of Auditors

(Case T-7/14 P) (1)

1

((Appeal - Civil Service - Officials - Staff report - Psychological harassment - Dismissal in part of the action for compensation at first instance - Distortion of the facts - Duty of the Civil Service Tribunal to state reasons - Proportionality - Allocation of costs))

(2015/C 096/23)

Language of the case: French

Parties

Parties

Appellant: BQ (Béreldange, Luxembourg) (represented by: D. de Abreu Caldas, J.-N. Louis and M. de Abreu Caldas, lawyers)

Appellant:

Other party to the proceedings: Court of Auditors of the European Union (represented initially by: T. Kennedy, B. Schäfer and I. Ni Riagáin Düro, and subsequently by: B. Schäfer and I. Ni Riagáin Düro, acting as Agents)

Other party to the proceedings:

Re:

Re:

Appeal brought against the judgment of the European Union Civil Service Tribunal (Third Chamber) of 23 October 2013, BQ v Court of Auditors (F-39/12, ECR-SC, EU:F:2013:158) seeking to have that judgment set aside.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Mr BQ to bear, in the present instance, his own costs and to pay those incurred by the European Court of Auditors. |
| --- | --- |

2.

Orders Mr BQ to bear, in the present instance, his own costs and to pay those incurred by the European Court of Auditors.

---

(1)  OJ C 112, 14.4.2014.

1

---
I

105TH CONGRESS

1ST SESSION S. 1024

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 31, 1997

Referred to the Committee on the Judiciary

AN ACT

To make chapter 12 of title 11 of the United States Code

permanent, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Family Farmer Protec5 tion Act of 1997’’.
2

S 1024 RFH

1 SEC. 2. REPEAL OF SUNSET PROVISION.

2 Section 302 of the Bankruptcy Judges, United States

3 Trustees, and Family Farmer Bankruptcy Act of 1986

4 (28 U.S.C. 581 note) is amended by striking subsection

5 (f).

6 SEC. 3. CLARIFICATION OF RIGHTS OF FAMILY FARMERS

7 AFTER SUCCESSFUL COMPLETION OF A

8 PLAN.

9 Section 2008h(b)(2), of title 7, United States Code

10 is amended by adding ‘‘or has successfully completed a

11 reorganization plan under Chapter 12 of title 11, United

12 States Code (the Bankruptcy Judges, United States

13 Trustees, and Family Farmer Bankruptcy Act of 1986,

14 Public Law No. 99–554, as amended)’’ after ‘‘title’’.

Passed the Senate October 30, 1997.

Attest: GARY SISCO,

Secretary.
GERRY LESTER RICHARDSON,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D16-1151

_____________________________/

Opinion filed July 6, 2016.

An appeal from an order of the Circuit Court for Duval County.

Linda F. McCallum, Judge.

Nancy A. Daniels, Public Defender, and Steven L. Seliger, Assistant Public 

Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

LEWIS, WETHERELL, and RAY, JJ., CONCUR.
United States Court of Appeals

For the Eighth Circuit

___________________________

No. 12-2612

___________________________

United States of America,

lllllllllllllllllllll Plaintiff - Appellee,

v.

Michael D. Holiway,

lllllllllllllllllllll Defendant - Appellant.

____________

 Appeal from United States District Court 

for the Western District of Missouri - Kansas City

____________

 Submitted: February 7, 2013

Filed: February 14, 2013

[Unpublished]

____________

Before MURPHY, SMITH, and COLLOTON, Circuit Judges.

____________

PER CURIAM.

Michael Holiway appeals the within-Guidelines-range sentence the district

court1

 imposed after he pled guilty to being a felon in possession of a firearm, in

1

The Honorable Fernando J. Gaitan, Jr., Chief Judge, United States District

Court for the Western District of Missouri.
violation of 18 U.S.C. §§ 922(g)(1), 924(a)(2). His counsel has moved to withdraw,

and has filed a brief under Anders v. California, 386 U.S. 738 (1967), arguing that the

sentence is greater than necessary to meet the statutory goals of sentencing.

Upon careful review, we find no basis for concluding that the district court

imposed a sentence that was greater than necessary to meet the statutory goals of

sentencing or otherwise abused its discretion in sentencing Holiway. See United

States v. Gall, 552 U.S. 38, 51 (2007) (discussing appellate court review of sentencing

decision under abuse-of-discretion standard; noting that appellate court may apply

presumption of reasonableness to within-Guidelines-range sentence); see also United

States v. Feemster, 572 F.3d 455, 461 (8th Cir. 2009) (en banc) (describing ways in

which district court might be found to have committed abuse of discretion).

Finally, having reviewed the record independently under Penson v. Ohio, 488

U.S. 75, 80 (1988), we find no non-frivolous issues. Accordingly, we affirm the

judgment of the district court, and we grant counsel’s motion to withdraw.

______________________________

-2-
1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

Civil Action No. 18-1457 (TJK/DAR) VALENCIA STUBBS,

Plaintiff ,
v. ANDREW SAUL, Commissioner of Social Security, Defendant

.

ORDER This matter is before the Court on the Report and Recommendation filed by Magistrate Judge Deborah A. Robinson on March 23, 2020. See ECF No. 21 (“R&R”). The Report and Recommendation cautioned the parties that failing to file an objection within 14 days of receipt could lead to waiver of the right to further review of the issues addressed. R&R at 15. Neither party objected to the Report and Recommendation, and the deadline to do so has passed. See LCvR 72.3(b). Valencia Stubbs brought this action seeking to reverse the final decision of the Commissioner of Social Security denying her application for Supplemental Security Income benefits. See ECF Nos. 1, 10, 13, 21. She alleged that the decision of the Administrative Law Judge (ALJ) was not supported by substantial evidence and was erroneous as a matter of law. ECF No. 1 ¶ 41; see ECF No. 13. Magistrate Judge Robinson, in a 15-page opinion, determined that the ALJ “mischaracterized relevant evidence” when formulating Stubbs’ residual functional capacity by “ignoring ‘the limited fashion [she] engages in some of the activities she described.’” R&R at 13–14 (quoting Jackson v. Barnhart , 271 F. Supp. 2d 30, 37 (D.D.C. 2002)). For that2

reason, Magistrate Judge Robinson recommended that this Court remand the matter to the Social Security Administration for further proceedings. Id. at 15. After independent consideration of the Report and Recommendation, the lack of any objection, the entire record, and the applicable law, the Court ORDERS that:
1. The Report and Recommendation is hereby ADOPTED in its entirety;
2. Plaintiff’s Motion for Judgment of Reversal, ECF No. 13, is GRANTED ; 3. Defendant’s Motion for Judgment of Affirmance, ECF No. 14, is DENIED ; and
4. This case is REMANDED to the Social Security Administration for further proceedings consistent with the Report and Recommendation. The Clerk of Court is directed to close the case.

SO ORDERED. /s/ Timothy J. Kelly TIMOTHY J. KELLY United States District Judge Date: April 15, 2020
#### The People of the State of New York, Respondent, v Javone Major, Appellant.

[947 NYS2d 110]

Appeal from judgment, Supreme Court, New York County (Gregory Carro, J.), rendered December 1, 2009, convicting defendant, after a jury trial, of criminal possession of marijuana in the third degree, and sentencing him, as a second drug offender previously convicted of a violent felony, to a term of two years, held in abeyance, and the matter remitted for a suppression hearing. Order, same court and Justice, entered on or about *678May 18, 2011, which denied defendant’s CPL 440.10 motion to vacate the judgment of conviction, unanimously affirmed.

The court was correct in summarily denying the CPL 440.10 motion since sufficient facts appear on the record on the direct appeal to permit our review (CPL 440.10 [2] [b]). However, the record on the direct appeal supports defendant’s contention that he was deprived of the effective assistance of counsel. The actions of the officers in stopping defendant and seizing the bag he had been carrying were of questionable propriety, and raised a colorable basis for suppression *(see People v Rivera,*71 NY2d 705, 709 [1988]). Under the circumstances, defense counsel’s admitted failure to timely file a suppression motion, or to provide good cause or strategic reasons for such failure, constituted ineffective assistance *(see People v Vega,*276 AD2d 414, 414 [2000]; *People v Ferguson,*114 AD2d 226, 230 [1986]). Accordingly, we hold the appeal in abeyance and remand the matter for a suppression hearing *(id.).*Concur — Mazzarelli, J.P., Sweeny, DeGrasse, Freedman and Richter, JJ.
----

            COMMISSION REGULATION (EC) No 1163/2004

of 24 June 2004         

fixing the export refunds on eggs applicable from 28 June 2004         

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Regulation (EEC) No 2771/75 of 29 October 1975 on the common organisation of the market in eggs (1), and in particular the third subparagraph of Article 8(3) thereof,

Whereas:

HAS ADOPTED THIS REGULATION:

Article 1

The codes of products for which, when they are exported, the export refund referred to in Article 8 of Regulation (EEC) No 2771/75 is granted and the amount of that refund shall be as shown in the Annex hereto.

However, in order to qualify for the refund, products falling within the scope of Chapter XI of the Annex to Directive 89/437/EEC must also satisfy the health marking conditions laid down in that Directive.

Article 2

This Regulation shall enter into force on 28 June 2004.

This Regulation shall be binding in its entirety and directly applicable in all Member States

Done at Brussels, 24 June 2004.

For the Commission

Franz FISCHLER            

Member of the Commission

----

(1)OJ L 282, 1.11.1975, p. 49. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

(2)OJ L 102, 17.4.1999, p. 11. Regulation as last amended by Regulation (EC) No 444/2003 (OJ L 67, 12.3.2003, p. 3).

(3)OJ L 212, 22.7.1989, p. 87. Directive as last amended by Regulation (EC) No 806/2003.

----

ANNEX

Export refunds on eggs applicable from 28 June 2004

----
<PAGE>   1
                                                                       [LOGO]

                                                                    EXHIBIT 23.2


                       CONSENT OF INDEPENDENT ACCOUNTANTS


We hereby consent to the incorporation by reference in the Registration
Statements on Form S-8 (No. 33-99586, 333-33451 and 333-45561) and in the
Prospectus constituting part of the Registration Statement on Form S-3
(No. 333-35969) of DataWorks Corporation of our report dated April 5, 1996,
relating to the financial statements of DCD Corporation, which appears on page
F-3 of this Form 10-K.



/s/ PRICE WATERHOUSE LLP
----------------------------
Price Waterhouse LLP
Minneapolis, Minnesota
March 27, 1998
The Honorable John Bailey Jones, United States District Judge for the District 1

of South Dakota.

United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________

No. 96-1251

___________

Edward McDowell, *

 *

Appellant, *

 *

v. *

 * Appeal from the United States

Charlotte Lynn Randall, in her official * District Court for the

and individual capacity; State of * District of South Dakota.

South Dakota; Joe Class, Warden, *

South Dakota State Penitentiary; * [UNPUBLISHED]

Mark W. Barnett, Attorney General; *

Ron Miller, Prison Health Services; *

Kay Wilka, Sioux Valley Hospital, *

 *

Appellees. *

___________

 Submitted: May 23, 1997

 Filed: May 29, 1997

___________

Before BOWMAN, WOLLMAN, and BEAM, Circuit Judges.

___________

PER CURIAM.

Edward McDowell appeals from the district court's order dismissing his action 1

under 42 U.S.C. § 1983 as frivolous pursuant to 28 U.S.C. § 1915(d) (now codified at
-2-

28 U.S.C. § 1915(e)(2)). Having reviewed the record and the parties' briefs, we

conclude that the district court's judgment was correct, and that an extended discussion

is not warranted. Accordingly, we affirm. See 8th Cir. R. 47B.

A true copy.

Attest:

CLERK, U. S. COURT OF APPEALS, EIGHTH CIRCUIT.
# Official Journal C 192/2013

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2013.192.eng |
| --- | --- |
| Official Journal
  of the European Union | C 192 |
| | |
| English edition | Information and Notices | Volume 563 July 2013 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2013.192.eng

Official Journal

of the European Union

C 192

English edition

Information and Notices

Volume 563 July 2013

---

| Notice No | Contents | page |
| --- | --- | --- |
| | IV   Notices |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2013/C 192/01 | Interest rate applied by the European Central Bank to its main refinancing operations: 0,5 % on 1 July 2013 — Euro exchange rates | 1 |

Notice No

Contents

page

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2013/C 192/01

Interest rate applied by the European Central Bank to its main refinancing operations: 0,5 % on 1 July 2013 — Euro exchange rates

1

---

| EN | |
| --- | --- |

EN
#### John Stefatos et al., Appellants, v John Frezza et al., Respondents, et al., Defendants.

[945 NYS2d 297]—

Order, Supreme Court, New York County (Bernard J. Fried, J.), entered January 5, 2011, which granted defendants John Frezza, Fred-Doug Manager, LLC, Fred-Doug 117, LLC, Strategic Construction Corp., Strategic Construction, Ltd., Strategic Land Co., Inc. and Strategic Development Group, Inc.’s motion to dismiss the complaint except for the breach of contract cause of action as against Fred-Doug 117, LLC, unanimously affirmed, with costs.

Plaintiffs offer no substantive arguments in their opening brief regarding their declaratory judgment, accounting, conversion, malevolent indifference, appointment of a receiver, equitable lien, or constructive trust claims, and thus have abandoned those claims *(see Edelman v Emigrant Bank Fine Art Fin., LLC,*89 AD3d 632, 632-633 [2011]; *see also Cassidy v Highrise Hoisting & Scaffolding, Inc.,*89 AD3d 510 [2011] [argument raised for the first time in reply not considered]).

The breach of contract claim that was dismissed is barred by the six-year statute of limitations (CPLR 213 [2]), since the last of the projects at issue was completed by 2003 and plaintiffs did not commence this action until 2010. The fraud and misrepresentation and breach of fiduciary duty claims are duplicative of the breach of contract claim *(see Financial Structures Ltd. v*
      *788
      *UBS AG,*77 AD3d 417, 419 [2010]; *CMMF, LLC v J.P. Morgan Inv. Mgt. Inc.,*78 AD3d 562, 564-565 [2010]).

We have considered plaintiffs’ remaining arguments and find them unavailing. Concur — Tom, J.B, Andrias, Saxe, Moskowitz and Acosta, JJ.
Exhibit 32.2





CERTIFICATION OF PRINCIPAL FINANCIAL AND ACCOUNTING OFFICER PURSUANT TO 18 UNITED STATES C. §1350


(SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002)





In connection with the Annual Report of Novavax, Inc. (the “Company”) on Form 10-K for the fiscal period ended December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Frederick W. Driscoll, Vice President, Chief Financial Officer and Treasurer, hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, that:




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




2)           The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company for the dates and periods covered by this Report.





By:
/s/ Frederick W. DriscollVice President, Chief Financial Officer and TreasurerDate: March 28, 2011
<TABLE> <S> <C>


<ARTICLE>                     5


<S>                             <C>
<PERIOD-TYPE>                    3-MOS
<FISCAL-YEAR-END>                             DEC-31-2000
<PERIOD-START>                                JAN-01-2000
<PERIOD-END>                                  MAR-31-2000
<CASH>                                             14,376
<SECURITIES>                                            0
<RECEIVABLES>                                           0
<ALLOWANCES>                                            0
<INVENTORY>                                             0
<CURRENT-ASSETS>                                   14,376
<PP&E>                                                  0
<DEPRECIATION>                                          0
<TOTAL-ASSETS>                                     18,582
<CURRENT-LIABILITIES>                              41,277
<BONDS>                                                 0
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                              240
<OTHER-SE>                                        (22,935)
<TOTAL-LIABILITY-AND-EQUITY>                       18,582
<SALES>                                                 0
<TOTAL-REVENUES>                                        0
<CGS>                                                   0
<TOTAL-COSTS>                                           0
<OTHER-EXPENSES>                                    2,185
<LOSS-PROVISION>                                        0
<INTEREST-EXPENSE>                                    600
<INCOME-PRETAX>                                    (2,785)
<INCOME-TAX>                                            0
<INCOME-CONTINUING>                                (2,785)
<DISCONTINUED>                                          0
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                       (2,785)
<EPS-BASIC>                                       (0.01)
<EPS-DILUTED>                                       (0.01)



</TABLE>