alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 1 of 30 PageID #:503
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 2 of 30 PageID #:504
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 3 of 30 PageID #:505
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 4 of 30 PageID #:506
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 5 of 30 PageID #:507
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 6 of 30 PageID #:508
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 7 of 30 PageID #:509
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 8 of 30 PageID #:510
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 9 of 30 PageID #:511
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 10 of 30 PageID #:512
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 11 of 30 PageID #:513
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 12 of 30 PageID #:514
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 13 of 30 PageID #:515
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 14 of 30 PageID #:516
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 15 of 30 PageID #:517
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 16 of 30 PageID #:518
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 17 of 30 PageID #:519
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 18 of 30 PageID #:520
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 19 of 30 PageID #:521
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 20 of 30 PageID #:522
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 21 of 30 PageID #:523
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 22 of 30 PageID #:524
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 23 of 30 PageID #:525
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 24 of 30 PageID #:526
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 25 of 30 PageID #:527
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 26 of 30 PageID #:528
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 27 of 30 PageID #:529
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 28 of 30 PageID #:530
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 29 of 30 PageID #:531
Case: 1:03-cv-03904 Document #: 56 Filed: 09/02/04 Page 30 of 30 PageID #:532
#### Jorge Bittar et al., Appellants, v New Growing, Inc., et al., Respondents.

[942 NYS2d 354]

Order, Supreme Court, New York County (Jane S. Solomon, J.), entered March 14, 2011, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants established their entitlement to judgment as a matter of law in this action where plaintiff fell after exiting the restroom in defendants’ restaurant. There was a single step that separated the dining area from where the restroom was located. Plaintiff was unable to identify what caused his fall, and he testified that the lighting conditions were adequate. Moreover, defendants demonstrated that the subject step was not inherently dangerous and there were several signs warning of the drop *(see Remes v 513 W. 26th Realty, LLC,*73 AD3d 665, 666 [2010]; *Broodie v Gibco Enters., Ltd.,*67 AD3d 418 [2009]).

Plaintiffs opposition failed to raise a triable issue of fact. The record does not support plaintiffs argument that the step created “optical confusion” (see *Langer v 116 Lexington Ave., Inc.,*92 AD3d 597, 599 [2012]; *compare Saretsky v 85 Kenmare Realty Corp.,*85 AD3d 89 [1st Dept 2011]). Concur — Mazzarelli, J.P., Sweeny, Moskowitz, Abdus-Salaam and Manzanet-Daniels, JJ.
734 A.2d 1278

#### COMMONWEALTH of Pennsylvania, Appellant, v. Richard SZYMANSKI, Appellee.

Supreme Court of Pennsylvania.

Submitted Aug. 9, 1999.

Decided Sept. 8, 1999.

Mark D. Waitlevertch, Meadville, Paula C. DiGiacomo, for Com.

Bruce A. Barrett, Meadville, for Richard Szymanski.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

*ORDER*

PER CURIAM.

Based upon our disposition in *Commonwealth v. Williams,*557 Pa. 285, 733 A.2d 593 (1999), we affirm the Order of the Crawford County Court of Common Pleas dated June 2, 1998. Furthermore,' we remand the matter to the common pleas court for disposition of any remaining issues.

Jurisdiction is relinquished.
<PAGE>
 

 
                                                                    Exhibit 12.1

                          LaSalle Re Holdings Limited
               STATEMENT RE COMPUTATION OF RATIO OF EARNINGS TO
             COMBINED FIXED CHARGES AND PREFERRED SHARE DIVIDENDS

          (Expressed in thousands of United States Dollars except for
                   number of shares and earnings per share)

<TABLE> 
<CAPTION> 
                                                  Year ended              Year ended               Year ended
                                              September 30, 1998      September 30, 1997       September 30, 1996
                                              ------------------      ------------------       ------------------
<S>                                           <C>                     <C>                      <C>        
Earnings available for fixed charges
and preferred share dividends
   Net income before minority interest               65,232                 121,468                  129,451
   Interest expense                                   1,881                   1,678                      222
   Preferred share dividends           (1)                0                       0                        0
                                                     ------                 -------                  -------
         Total earnings available for fixed
         charges and preferred dividends             67,113                 123,146                  129,673
                                                     ======                 =======                  =======

Fixed charges and preferred share
dividends
   Interest expense                                   1,881                   1,678                      222
                                                     ------                 -------                  -------
         Total fixed charges                          1,881                   1,678                      222
                                                     ------                 -------                  -------

Preferred share dividends                             6,563                   3,354                        0
                                                     ------                 -------                  -------
         Combined fixed charges and
         preferred dividends                          8,444                   5,032                      222
                                                     ======                 =======                  =======

Ratio of earnings to combined fixed
charges and preferred share dividends                   7.9                    24.5                    584.1
                                                     ======                 =======                  =======


</TABLE> 
(1) Not deducted from net income before minority interest.
#### In the Matter of Jules S. and Another, Infants. Julio S., Appellant; Catholic Guardian Society and Home Bureau, Respondent.

[945 NYS2d 319]

Order, Family Court, Bronx County (Karen I. Lupuloff, J.), entered on or about June 28, 2011, which, after a hearing, *449determined that the consent of respondent father was not required for the placement of his daughter for adoption and, in the alternative, determined that he permanently neglected the child and terminated his parental rights, and transferred custody and guardianship of the child to petitioner agency for the purpose of adoption, unanimously affirmed, without costs. Order (same court and Judge), entered on or about June 28, 2011, which, after a hearing, determined that although respondent’s consent was required for the placement of his son for adoption, he permanently neglected the child, and terminated his parental rights, and transferred custody and guardianship of the child to petitioner agency for the purpose of adoption, unanimously affirmed, without costs.

The court properly determined that respondent’s consent for the adoption of his daughter was not required since the child was born out of wedlock and he failed to pay an appropriate sum towards her support (Domestic Relations Law § 111; *Matter of Maxamillian,*6 AD3d 349 [2004]). As the court further found, in the alternative, clear and convincing evidence established that respondent permanently neglected his daughter, as well as his son, for whom his consent was required, since the agency made diligent efforts to encourage and strengthen the parental relationship (Social Services Law § 384-b [7] [a]), but respondent failed to plan for their future by, inter alia, failing to remain drug free and complete his service plan *(see Matter of Robert Calvin R.,*59 AD3d 265, 266 [2009]).

Respondent’s request for a suspended judgment is improperly raised for the first time on appeal *(see Matter of Matthew Niko M. [Niko M.],*85 AD3d 544 [2011]), and, in any event, is not warranted since the children have been in foster care for several years during which time respondent never completed any of the requirements of his service plan and was, in fact, incarcerated, demonstrating his failure to plan for their future.

We have considered respondent’s remaining contentions and find them unavailing. Concur — Gonzalez, P.J., Friedman, Renwick, Manzanet-Daniels and Roman, JJ.
**Exhibit 32.2**

 

**Certification of the Chief Financial OfficerPursuant to**

**18 U.S.C. Section1350,**

**as****Adopted Pursuant to**

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

 

In connection with theQuarterly Report on Form 10-Q of PRAECIS PHARMACEUTICALS INCORPORATED (the“Company”) for the quarterly period ended June 30, 2004 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I, KevinF. McLaughlin, as Chief Financial Officer of the Company, hereby certify,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of theSarbanes-Oxley Act of 2002, that, to the best of my knowledge:

 

1.  TheReport fully complies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

2.  Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| /s/ Kevin F.  McLaughlin |                     |
|--------------------------|--------------------------|
| Name:                    | Kevin F.  McLaughlin     |
| Title:                   | Chief  Financial Officer |
| Date:                    | August 9,  2004          |
|                          |                          |  |

 

A signed original of thiswritten statement required by Section 906, or other document authenticating,acknowledging, or otherwise adopting the signature that appears in typed formwithin the electronic version of this written statement required by Section906, has been provided to PRAECIS PHARMACEUTICALS INCORPORATED and will beretained by PRAECIS PHARMACEUTICALS INCORPORATED and furnished to theSecurities and Exchange  Commission or its staffupon request.

 

This certification accompaniesthe Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shallnot, except to the extent required by the Sarbanes-Oxley Act of 2002, be deemedfiled by the Company for purposes of Section 18 of the Securities Exchange Actof 1934, as amended.

 

----
ex4-12.htm


    Exhibit 4.12

      


      


      


      


      CERTIFICATE
OF TRUST

      


      OF

      


      HORIZON
FINANCIAL CAPITAL TRUST I

      


      


      


      THIS
CERTIFICATE OF TRUST OF HORIZON FINANCIAL CAPITAL TRUST I (the “Trust”) is being
duly executed and filed by the undersigned on behalf of the Trust to form a
statutory trust under the Delaware Statutory Trust Act (12 Del. C. §§3801 et seq.) (the
“Act”).

      


      


      
        	
                 
      

              	
                1.

              	
                Name.  The
      name of the statutory trust being formed is Horizon Financial Capital
      Trust I.

              


      

      


      
        	
                 
      

              	
                2.

              	
                Trustee.  The
      name and business address of the trustee of the Trust with its principal
      place of business in the State of Delaware are as
  follows:

              


      

      


      Wilmington Trust Company

      1100 North Market Street

      Wilmington, DE 19890-1605

      ATTN: Corporate Trust
Services

      


      


      IN
WITNESS WHEREOF, the undersigned has executed this Certificate of Trust in
accordance with Section 3811(a) of the Act.

      


      


      
        	 
      	
                WILMINGTON
      TRUST COMPANY,

              
	 
      	
                not
      in its individual capacity but solely as

                Delaware
      Trustee of the Trust

              
	 
      	 
      	 
      
	 
      	 
      	 
      
	 
      	 
      	 
      
	 
      	
                By:

              	
                /s/
      James P. Lawler

              
	 
      	
                Name:

              	
                James
      P. Lawler

              
	 
      	
                Title:

              	
                Vice
      President
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```

                            Independent Accountants' Report

The Board of Directors
Navistar Financial Corporation:

We have examined Navistar  Financial  Corporation's  (the Company)  compliance with the
minimum  servicing  requirements as set forth in Sections 3.02, and 8.07 and Article IV
Sections 4.02, 4.03,  4.04, and 4.05 of the Pooling and Servicing  Agreement dated June
8, 1995  (the  Servicing  Agreement)  as filed at  Exhibit  4.1 to  Navistar  Financial
Securities  Corporation's  Form 8-K dated  December 12, 2003 as  subsequently  amended,
supplemented,  amended and restated,  or otherwise  modified from time to time, for the
servicing of the receivables for the Navistar  Financial  Dealer Note Master Trust (the
"Trust") as of and for the year ended  October 31, 2005.  The  Company's  management is
responsible  for this  assertion.  Our  responsibility  is to  express  an  opinion  on
management's assertion based on our examination.

Our examination was conducted in accordance with attestation  standards  established by
the American  Institute of Certified  Public  Accountants  and,  accordingly,  included
examining,  on a test basis, evidence supporting  management's assertion and performing
such other  procedures  as we  considered  necessary in the  circumstances.  We believe
that our  examination  provides a  reasonable  basis for our opinion.  Our  examination
does  not  provide  a  legal  determination  on  the  Company's   compliance  with  the
aforementioned minimum servicing requirements.

With respect to servicing criterion 8.07,  management's  assertion indicates that there
were no activities  performed  during the year ended October 31, 2005 by the Trust,  as
there were no  occurrences  of events that would  require the  Servicer to perform such
activities.

Our  examination  disclosed  the  following  material  noncompliance  with the  minimum
servicing  requirements  set forth in the  Servicing  Agreement  during  the year ended
October 31, 2005:  Section  4.02(a)(ii)  of the  Servicing  Agreement  states that "net
income and earnings  (less  investment  expense) on funds on deposit  shall be included
in the  calculation  of  investment  income for the relevant due period." We noted that
for Series 2005-1,  there were two instances  identified  (February 2005 and July 2005)
where the interest income was not included in the calculation of investment income.

In our  opinion,  except for the  material  noncompliance  described  in the  preceding
paragraph,  the Company complied,  in all material  respects,  with the  aforementioned
minimum servicing standards as of and for the year ended October 31, 2005 .

                                            \s\KPMG, LLP

January 30, 2009
```
#### The People of the State of New York, Respondent, v Derrick Middleton, Appellant.

Judgment, Supreme Court, Bronx County (John Walsh, J.), rendered on June 30, 1983, unanimously affirmed.

Application by appellant’s counsel to withdraw as counsel is granted. *(See, Anders v California,*386 US 738; *People v Saunders, 52*AD2d 833.) We have reviewed this record and agree with appellant’s assigned counsel that there are no nonfrivolous points which could be raised on this appeal. Applications by appellant are deemed motions for assignment of new counsel and are denied. Concur—Murphy, P. J., Kupferman, Sullivan, Carro and Lynch, JJ.
Case: 1:01-cv-06250 Document #: 292 Filed: 01/22/03 Page 1 of 18 PageID #:2491
Case: 1:01-cv-06250 Document #: 292 Filed: 01/22/03 Page 2 of 18 PageID #:2492
Case: 1:01-cv-06250 Document #: 292 Filed: 01/22/03 Page 3 of 18 PageID #:2493
Case: 1:01-cv-06250 Document #: 292 Filed: 01/22/03 Page 4 of 18 PageID #:2494
Case: 1:01-cv-06250 Document #: 292 Filed: 01/22/03 Page 5 of 18 PageID #:2495
Case: 1:01-cv-06250 Document #: 292 Filed: 01/22/03 Page 6 of 18 PageID #:2496
Case: 1:01-cv-06250 Document #: 292 Filed: 01/22/03 Page 7 of 18 PageID #:2497
Case: 1:01-cv-06250 Document #: 292 Filed: 01/22/03 Page 8 of 18 PageID #:2498
Case: 1:01-cv-06250 Document #: 292 Filed: 01/22/03 Page 9 of 18 PageID #:2499
Case: 1:01-cv-06250 Document #: 292 Filed: 01/22/03 Page 10 of 18 PageID #:2500
Case: 1:01-cv-06250 Document #: 292 Filed: 01/22/03 Page 11 of 18 PageID #:2501
Case: 1:01-cv-06250 Document #: 292 Filed: 01/22/03 Page 12 of 18 PageID #:2502
Case: 1:01-cv-06250 Document #: 292 Filed: 01/22/03 Page 13 of 18 PageID #:2503
Case: 1:01-cv-06250 Document #: 292 Filed: 01/22/03 Page 14 of 18 PageID #:2504
Case: 1:01-cv-06250 Document #: 292 Filed: 01/22/03 Page 15 of 18 PageID #:2505
Case: 1:01-cv-06250 Document #: 292 Filed: 01/22/03 Page 16 of 18 PageID #:2506
Case: 1:01-cv-06250 Document #: 292 Filed: 01/22/03 Page 17 of 18 PageID #:2507
Case: 1:01-cv-06250 Document #: 292 Filed: 01/22/03 Page 18 of 18 PageID #:2508
# United States Court of Appeals **for the Fifth Circuit**

____________ No. 22-40449

____________ Cornel Jackie Drummer, Plaintiff—Appellant ,

versus Ken Maynard, III; Aaron Mohantly; Dr. Hague, Medical Doctor ; University of Texas Medical Branch Medical Staff, George Beto Unit , Defendants—Appellees

.

______________________________ Appeal from the United States District Court for the Southern District of Texas USDC No. 3:19-CV-387

______________________________ Before Elrod, Graves, and Ho, Circuit Judges

. Per Curiam: * Cornel Jackie Drummer, Texas prisoner # 00619316, appeals from the dismissal of his civil rights action as frivolous and for failure to state a claim on which relief may be granted. Drummer filed the action pursuant to 42 U.S.C. § 1983 to complain of alleged deliberate indifference to his serious

_____________________

* This opinion is not designated for publication. See 5th Cir. R. 47.5. United States Court of Appeals Fifth Circuit 

### FILED May 22, 2023 Lyle W. Cayce Clerk Case: 22-40449 Document: 00516758447 Page: 1 Date Filed: 05/22/2023No. 22-40449

2 medical needs. Currently pending befor e this court are several motions filed by Drummer.
Because Drummer has not shown ex ceptional circumstances, his motion for the appointment of counsel is DENIED

. See Ulmer v. Chancellor , 691 F.2d 209, 212-13 (5th Cir. 1982). Drummer recently paid the appellate filing fee, and therefore his motion to proceed in forma pauperis (IFP) on appeal is DENIED as moot. Drummer’s two moti ons for judicial notice are also DENIED

. An appeal should be dismissed upon the hearing of any interlocutory motion where “it appears to the court that the appeal is friv olous and entirely without merit.” 5th Cir. R . 42.2. Our thorough examination of Drummer’s brief and the record reveals no nonfrivolous issue. The brief raises only one concrete argument. Contrary to Drummer’s contention, the district court did not err by dismissing his civil action sua sponte without ordering a response from the defendants. See Green v. McKaskle , 788 F.2d 1116, 1119 (5th Cir. 1986); 28 U.S. C. § 1915(e)(2)(B)(ii). Because Drummer’s appeal is friv olous and without any ar guable merit, it is DISMISSED

. See 5th Cir. R. 42.2. The district court’s dismissal counts as one strike under § 1915(g), and Drummer incurs an additional strike for this frivolous appeal. See Adepegba v. Hammons , 103 F.3d 383, 388 (5th Cir. 1996), abrogated in part on other grounds by Coleman v. Tollefson , 575 U.S. 532, 537 (2015). Drummer is WARNED that if he accumulates three stri kes, he will no longer be allowed to proceed in forma pauperis in any civil action or appeal filed while he is incarcerated or detained in any facility unless he is under imminent danger of serious bodily injury. See § 1915(g). Case: 22-40449 Document: 00516758447 Page: 2 Date Filed: 05/22/2023