alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Dennis J. Fielding, Respondent, v Richard Hartman, Appellant.

—In an action to recover damages for legal malpractice, defendant appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County (Gurahian, J.), dated December 7, 1984, as denied his motion for summary judgment.

Order affirmed insofar as appealed from, with costs.

Special Term properly denied defendant’s motion on the ground that the supporting papers raised issues of fact (CPLR 3212 [b]; *see, Behar v Ordover,*92 AD2d 557, 558). Mollen, P. J., Thompson, Rubin and Kunzeman, JJ., concur.
#### CAHILL, Respondent, v. CITY OF TROY, Appellant.

(Supreme Court, Appellate Division, Third Department.

November 13, 1907.)

Action by Margaret F. Cahill against the city of Troy.

No opinion. Judgment unanimously affirmed, with costs.
Exhibit 32.1

Certification of Chief Executive Officer pursuant to 18 U.S.C. Section 1350, as adopted

pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

In connection with this Quarterly Report on Form 10-Q of Eclipsys
Corporation (the Company) for the period ended June 30, 2009 (the Report), the undersigned, Philip M. Pead, President and Chief Executive Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350,
that:



| | (1) | the Report fully complies with the requirements of Section 13(a) or 15(d) 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 6, 2009



/s/ Philip M. PeadPhilip M. PeadPresident and Chief Executive Officer
II

105TH CONGRESS

1ST SESSION S. 1464

To amend the Internal Revenue Code of 1986 to permanently extend the

research credit, and for other purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 8, 1997

Mr. HATCH (for himself, Mr. BAUCUS, Mr. MACK, Mr. ABRAHAM, Mr.

CONRAD, Mr. LIEBERMAN, Mr. MURKOWSKI, Mrs. BOXER, Mr. ROCKEFELLER, Mrs. FEINSTEIN, Mrs. MURRAY, and Mr. DURBIN) introduced

the following bill; which was read twice and referred to the Committee

on Finance

A BILL

To amend the Internal Revenue Code of 1986 to permanently

extend the research credit, 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. EXTENSION OF RESEARCH CREDIT.

4 (a) CREDIT MADE PERMANENT.—

5 (1) IN GENERAL.—Section 41 of the Internal

6 Revenue Code of 1986 (relating to credit for increas7 ing research activities) is amended by striking sub8 section (h).
2

•S 1464 IS

1 (2) CONFORMING AMENDMENT.—Paragraph (1)

2 of section 45C(b) of such Code is amended by strik3 ing subparagraph (D).

4 (b) INCREASE IN ALTERNATIVE INCREMENTAL

5 CREDIT RATES.—Subparagraph (A) of section 41(c)(4) of

6 the Internal Revenue Code of 1986 is amended—

7 (1) in clause (i), by striking ‘‘1.65 percent’’ and

8 inserting ‘‘2.65 percent’’,

9 (2) in clause (ii), by striking ‘‘2.2 percent’’ and

10 inserting ‘‘3.2 percent’’, and

11 (3) in clause (iii), by striking ‘‘2.75 percent’’

12 and inserting ‘‘3.75 percent’’.

13 (c) EFFECTIVE DATE.—The amendments made by

14 subsections (a) and (b) shall apply to amounts paid or in15 curred after June 30, 1998.

Æ
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1458 Introduced in Senate (IS)]

105th CONGRESS
  1st Session
                                S. 1458

        To restrict the use of the exchange stabilization fund.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            November 8, 1997

 Mr. Faircloth introduced the following bill; which was read twice and 
    referred to the Committee on Banking, Housing, and Urban Affairs

_______________________________________________________________________

                                 A BILL

 
        To restrict the use of the exchange stabilization fund.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Accountability for International 
Bailouts Act of 1997''.

SEC. 2. CONGRESSIONAL APPROVAL.

    Section 5302 of title 31, United States Code, is amended by adding 
at the end the following:
    ``(e) Congressional Approval.--Notwithstanding any other provision 
of this section, the Secretary of the Treasury may not make any 
expenditure or loan, incur any other obligation, or make any guarantee 
in excess of $250,000,000 through the stabilization fund, for the 
purpose of engaging in a coordinated international rescue plan for any 
foreign entity or any government of a foreign country, without the 
approval of Congress.''.
                                 <all>
```
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#### Mark William STANLEY, Plaintiff-Appellant, v. SUPERIOR COURT OF CALIFORNIA, South County Regional Center; et al., Defendants-Appellees.

No. 08-55752.

United States Court of Appeals, Ninth Circuit.

*998Submitted July 12, 2011.*

Filed July 25, 2011.

Mark William Stanley, San Diego, CA, pro se.

Attorney General CA, Esquire, AGCA-Office of the California Attorney General, San Diego, CA, for Defendants-Appellees.

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Mark William Stanley, a California state prisoner, appeals pro se from the district court’s order dismissing his 42 U.S.C. § 1983 action alleging denial of access to courts and related state law claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim under 28 U.S.C. §§ 1915A and 1915(e)(2)(B)(ii). *Resnick v. Hayes,*213 F.3d 443, 447 (9th Cir.2000); *Barren v. Harrington,*152 F.3d 1193, 1194 (9th Cir.1998) (order). We affirm.

The district court properly dismissed Stanley’s access-to-courts claim because an inmate’s constitutional right to access the courts is limited to attacks on his or her conviction, sentence, or conditions of confinement. *See Lewis v. Casey,*518 U.S. 343, 355, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996). “Impairment of any *other*litigating capacity is simply one of the incidental (and perfectly constitutional) consequences of conviction and incarceration.” *Id.*(emphasis in original).

Stanley’s remaining contentions are unpersuasive.

We assume that the district court declined to exercise supplemental jurisdiction over Stanley’s state law claims after dismissing his § 1983 claim, and therefore construe the dismissal of these claims to have been without prejudice. *See*28 U.S.C. § 1367(c)(3); *cf. Gini v. Las Vegas Metro. Police Dep’t,*40 F.3d 1041, 1046 (9th Cir.1994) (requiring clarification on remand that dismissal based on declining supplemental jurisdiction was without prejudice).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
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##### 



Exhibit 31.2 CERTIFICATION PURSUANT TO RULE 13a-14(a)
OF THE SECURITIES EXCHANGE ACT OF 1934 I, John H. Gray, certify that: 1. I have reviewed this quarterly report on Form 10-Q of Docucorp
International, 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 Docucorp
International, Inc. 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-14 and 15d-14) for the registrant and we 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 the 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; andc)
    
    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; 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:  a)
    
    All significant deficiencies and material weaknesses in the design
or operation of internal controls 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 controls over financial reporting. /s/ John H. GrayJohn H. GraySenior Vice President, Finance andAdministration(Principal Financial Officer)June 14, 2004
# U ni te d S ta te s Co ur t of A pp ea ls For the Eig hth Circu it

__ __ __ __ __ __ __ __ __ __ __ __ __ _ No. 1 3- 19 04

__ __ __ __ __ __ __ __ __ __ __ __ __ _ Add on es Sp en cer ll ll ll ll ll ll ll ll ll ll l Pla in ti

ff - App el la nt

v. S. Ph il li ps , RN, Fed eral Co rrec ti on al Co m pl ex -Fo rres t Ci ty; W il li am Res to , Doc to r, Fed eral Co rrec ti on al Co m pl ex -Fo rres t Ci ty; T. Hall, Tea ch er, FCI -Fo rres t Ci ty; S. Lop ez, Un itCo un se lo r, FCI- Fo rres t Ci ty ll ll ll ll ll ll ll ll ll ll l Defe nd

an ts - App el le es

__ __ __ __ __ __ App eal fro m

Uni te d S ta te s Di st ric t Co ur t fo r th e Eas te rn Dis tri ctof Ark an sa s - Hel en a

__ __ __ __ __ __ Subm it te d: Octo be r 31 , 20 13 Fi le d: Nov em

be r 5, 2 01 3 [Unpubl is he d]

__ __ __ __ __ __ Befo re LOKEN, BYE, an d B ENTON, Ci rcu itJu dg es
.

__ __ __ __ __ __ PER CURI AM.Fed eral in m at e Add on es Sp en cer ap pe al s fo ll owi ng t h e di st ric t co urt’s 1

di sm is sa l of hi s act io n un de r Bi ve ns v. Si x Unkno wn Nam ed Age nt s of Fed

. Bu reau of Narco ti cs , 40 3 U.S. 38 8 (1 97 1)

. Upo n de no vo rev ie w, se e Kin g v. Io wa Dep ’t of Co rr., 59 8 F.3 d 10 51 , 10 52 (8 th Ci r. 20 10 ), we co nc lu de th at th e di st ric t co urt pr op erl y de ni ed pr el im in ary in jun ct iv e rel ie f an d, ba se d on th e reco rd be fo re th e co ur t, co rrec tl y di sm is se d th e co m pl ai nt wit ho ut pr ejud ic e fo r la ck of ad m in is tra ti ve ex haus ti on
. The jud gm en t o f th e d is tri ctco ur t i s af firm ed . See 8 th Cir . R. 47 B. 2

__

__ __ __ __ __ __ __ __ __ __ __ __ __ __

The Ho n o r abl e Su sa n W eb be r Wrig ht , Uni te d St at es Dis tri ct Ju dg e fo r th e 1 East ern Dis tri ct of Ark an sa s, ad op ti ng th e rep or t an d reco m m en da t i o n s o f th e Hon or ab le Je ro m e T. Kearn ey , Unit ed St ates Mag is tra te Ju dg e fo r th e East ern Dis tri ct of Arka ns as
. In hi s ap pe ll at e subm is si on s, Sp en cer rai se s se ve ral ne w m at te rs
. W e de cl in e 2 to ad dr es s t he m . See St on e v . Harry , 36 4 F .3d91 2, 9 14 -1 5 (8 th Cir . 20 04 ). -2

-
UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION

FEDERAL TRADE COMMISSION, ) 

 Plaintiff, ) 

 ) Case No. 03-C-3904 

v. ) 

 ) Judge Gettleman 

KEVIN TRUDEAU, ) 

 Defendant. ) 

____________________________________) 

AMENDED NOTICE OF MOTION 

TO: Michael Mora David O’Toole 

Jonathan Cohen Federal Trade Commission 

Amanda Kostner 55 West Monroe St., Suite 1825 

Federal Trade Commission Chicago, IL 60603 

 601 New Jersey Ave, NW Suite 2215 

 Washington, DC 20001 

 

PLEASE TAKE NOTICE that the undersigned will appear before the Honorable 

Robert W. Gettleman on Thursday May 16, 2013 at 2:30 p.m. in Courtroom 1703 in the 

Federal Office Building, 219 South Dearborn Street, Chicago, Illinois, or before any judge 

sitting in his stead, and present MOTION TO CONTINUE EVIDENTIARY HEARING UNTIL 

COMPLETION OF THIRD PARTY ACCOUNTING, a copy of which has been served upon 

you by the Court’s electronic filing system. 

Respectfully submitted, 

 By: /s/ Kimball R. Anderson__ 

 

Kimball R. Anderson 

 Winston & Strawn LLP 

 35 West Wacker Drive 

 Chicago, IL 60601 

 Phone: 312-558-5600 

 Facsimile: 312-558-5700 

Attorney for Defendant Kevin 

Trudeau 
CERTIFICATE OF SERVICE

I, Kimball R. Anderson, an attorney, hereby certify that on May 16, 2013 I caused to be 

served true copies of the above Notice of Motion by filing such document through the Court’s 

Electronic Case Filing System, which will send notification of such filing to: 

 Michael Mora 

 Jonathan Cohen 

 Amanda Kostner

 Federal Trade Commission 

 601 New Jersey Avenue NW, Suite 2215 

 Washington, D.C. 20001 

 David O’Toole 

 Federal Trade Commission 

 55 West Monroe Street, Suite 1825 

 Chicago, Illinois 60603 

/s/ Kimball R. Anderson 

Kimball R. Anderson 

Attorney for Defendant Kevin Trudeau,