alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Heather Ferguson, Appellant, v Antaeus Realty Corp. et al., Respondents. (And a Third-Party Action.)

[941 NYS2d 870]

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Sproat, J.), dated February 14, 2011, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff was the victim of an attack which occurred inside her apartment, located in a two-family home owned by the defendants. The assailant gained entry into the apartment from the outside by forcing open the locked rear kitchen door of the apartment. Prior to the attack, a friend of the plaintiff replaced the lock on the kitchen door that had been provided by the defendants with a lock that the plaintiff purchased herself. The plaintiff subsequently commenced this action alleging that the defendants failed to provide adequate security. The defendants moved for summary judgment dismissing the complaint, and the Supreme Court granted the motion. The plaintiff appeals, and we affirm.

A landlord is not the insurer of the safety of its tenants *(see Nallan v Helmsley-Spear, Inc.,*50 NY2d 507, 519 [1980]). However, “[l]andlords have a common-law duty to take minimal precautions to protect tenants from foreseeable harm, including foreseeable criminal conduct by a third person” *(Mason v U.E.S.S. Leasing Corp.,*96 NY2d 875, 878 [2001]; *see Burgos v Aqueduct Realty Corp.,*92 NY2d 544, 548 [1998]; *Jacqueline S. v City of New York,*81 NY2d 288, 293-294 [1993]; *Nallan v Helmsley-Spear, Inc.,*50 NY2d at 519). “In premises security cases particularly, the necessary causal link between a landlord’s *807culpable failure to provide adequate security and a tenant’s injuries resulting from a criminal attack in the building can be established only if the assailant gained access to the premises through a negligently maintained entrance” *(Burgos v Aqueduct Realty Corp.,*92 NY2d at 550).

In this case, the defendants established their prima facie entitlement to judgment as a matter of law. In opposition to the defendants’ motion, the plaintiff failed to raise a triable issue of fact. While the plaintiff claimed that the defendants should have provided her with a deadbolt lock in addition to the kitchen door lock she purchased herself, she failed to submit any evidence that the original lock provided by the landlord, which she replaced, had not functioned properly or that the original lock did not constitute a minimal security measure adequate to protect her from foreseeable harm *(id.).*Accordingly, she failed to adduce evidence that there was negligence on the part of the defendants. Therefore, the Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint. Florio, J.E, Balkin, Lott and Miller, JJ., concur.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

ANNE LENOUE,

No. 3:14-cv-01261-MO

Plaintiff, 

OPINION AND ORDER

v. 

MULTNOMAH ATHLETIC CLUB, 

an Oregon non-profit Corporation, 

 Defendant.

MOSMAN, J., 

On April 17, 2015, the Multnomah Athletic Club (“MAC”) filed a motion for Partial 

Summary Judgment [34] against Plaintiff’s second complaint for disparate impact. In her 

response [40], Ms. Lenoue concedes that Defendant’s motion should be granted. Accordingly, I 

GRANT Defendant’s Motion for Partial Summary Judgment [34]. IT IS SO ORDERED.

DATED this 4th day of June, 2015. 

/s/ Michael W. Mosman ___ 

MICHAEL W. MOSMAN

United States District Judge

1 – OPINION AND ORDER

Case 3:14-cv-01261-MO Document 41 Filed 06/04/15 Page 1 of 1
<PAGE>

                                                                    EXHIBIT 18.1

March 11, 2002

The Board of Directors
Wolverine Tube, Inc.

Note 3 of the Notes to Consolidated Financial Statements of Wolverine Tube,
Inc. included in its Annual Report on Form 10-K for the year ended December 31,
2001 describes a change in method of accounting for certain inventories from
the last-in, first-out ("LIFO") method to the first-in, first-out ("FIFO")
method.

There are no authoritative criteria for determining a "preferable" method of
costing inventories based on the particular circumstances; however, we conclude
that such change in the method of accounting for inventories is an acceptable
alternative method which, based on your business judgment to make this change
and for the stated reasons, is preferable in your circumstances.

                                                      Very truly yours,



                                                      /s/ Ernst & Young LLP
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<logo> American Home Funding

ANNUAL SERVICING CERTIFICATION

In connection with the loans serviced by American Home 
Funding for your company, the undersigned hereby certifies the following:

All real estate taxes, special assessments and any charges that may 
become a lien upon the property and which became due in the last 
calendar year have been paid. This also includes verification of payment 
with taxing authorities for non-impound accounts

All FHA insurance premiums or private mortgage insurance 
premiums, if applicable have been paid and such coverage is in full force 
and effect.

All properties are adequately insured against casualty loss and, if 
applicable, flood loss.

Fidelity Bond coverage and Errors and Omissions coverage 
is adequate and in place and the applicable premiums have been paid.

MI interest and/or monthly payment adjustments for ARM 
and GPM loans have been made in accordance with the mortgage 
terms. Timely and proper notice of such changes was provided to the 
mortgagors.

All property inspections have been completed according to the provisions 
of our Servicing Agreement, if applicable.

Funds received for loans serviced for your company are placed in a 
segregated trust account.

The P&I custodial account and any clearing accounts are 
maintained in a depository institution, the deposits of which are insured 
by the Bank Insurance Fund. The depository institution meets or exceeds 
the most recent financial rating requirements set forth by FNMA.

We have complied with all other provisions of the Servicing Agreement.

Servicer:	American Home Funding

By:	
/s/Janice P. Layne,
Vice-President
Date February 28, 1997
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
 
 The undersigned officer of Summit Properties Inc., the general partner of Summit Properties Partnership, L.P., (the "Operating Partnership") hereby certifies to his knowledge that the Operating Partnerships quarterly report on Form 10-Q for the period ended March 31, 2004 (the "Report"), as filed with the Securities and Exchange Commission on the date hereof, fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended, and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Operating Partnership.
 
 
 Date: May 10, 2004
/S/ Steven R. LeBlancSteven R. LeBlancPresident and Chief Executive Officer
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

JORGE BARAHONA PAIZ,

 Petitioner,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 10-71205

Agency No. A072-524-548

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted July 12, 2011** 

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

Jorge Barahona Paiz, a native and citizen of Guatemala, petitions for review

of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an

immigration judge’s decision denying his motion to reopen deportation

proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for

FILED

JUL 22 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 10-71205

abuse of discretion the denial of a motion to reopen. Mohammed v. Gonzales, 400

F.3d 785, 791 (9th Cir. 2005). We deny in part and dismiss in part the petition for

review. 

The agency did not abuse its discretion in denying Barahona Paiz’s motion

to reopen as untimely where the motion was filed more than twelve years after his

deportation order became final. See 8 C.F.R. § 1003.23(b)(1) (motion to reopen

must be filed within 90 days of final administrative order or before September 30,

1996, whichever is later). 

In light of our disposition, we need not address Barahona Paiz’s contention

regarding his eligibility for cancellation of removal. 

We lack jurisdiction to review the BIA’s decision not to invoke its sua

sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). See MejiaHernandez v. Holder, 633 F.3d 818, 824 (9th Cir. 2011). 

PETITION FOR REVIEW DENIED in part; DISMISSED in part.
**Exhibit 13.1**

 

**Exhibit 13.1. Certification pursuant to 18 U.S.C.Section 1350 as adopted pursuant toSection 906 of the Sarbanes-Oxley Act of 2002**

**In connection with the Annual Report on Form 20-F ofKoninklijke KPN N.V., a public company with limited liability organized underthe laws of The Netherlands (the “Company”), for the period ending December 31,2006 as filed with the Securities and Exchange Commission on the date hereof(the “Report”), each of the undersigned officers of the Company certify pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, to such officer’s knowledge, that:**

1.)               the Report fully complies, in all material respects,with the requirements of Section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

2.)               the information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company as of, and for, the periods presented in the Report.

Dated: March 1, 2007

Ad Scheepbouwer

Chairman of the Board ofManagement and Chief Executive Officer

Marcel Smits

Member of the Board ofManagement and Chief Financial Officer

----
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.                  

###### Department of Justice

###### Antitrust Division

                    Notice is hereby given that, on July 1, 2021, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301*et seq.*                     (“the Act”), Medical CBRN Defense Consortium (“MCDC”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, American Type Culture Collection, Manassas, VA; Bugworks Research, Inc., Fremont, CA; and Indiana University, Bloomington, IN; Jubilant HollisterStier, Spokane, WA; Lumen Bioscience, Inc., Seattle, WA; MBio Diagnostics, Inc. dba LightDeck Diagnostics, Boulder, CO; UES, Inc., Dayton, OH; Vaxess Technologies, Inc., Cambridge, MA; Vector RX LLC, Elkridge, MD and VitriVax, Inc., Boulder, CO have been added as parties to this venture.                

Also, Kestrel Corporation, Albuquerque, NM, has withdrawn as a party to this venture.

No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and MCDC intends to file additional written notifications disclosing all changes in membership.

                    On November 13, 2015, MCDC filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on January 6, 2016 (81 FR 513).                

                    The last notification was filed with the Department on March 29, 2021. A notice was published in the                     **Federal Register**                     pursuant to Section 6(b) of the Act on April 20, 2021 (86 FR 20521).                

Suzanne Morris, 

Chief, Premerger and Division Statistics, Antitrust Division.

[FR Doc. 2021-17504 Filed 8-13-21; 8:45 am]

BILLING CODE 4410-11-P
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 March 14, 2014

p0311

Order 

Clerk

March 14, 2014

148793

SC: 148793

In re N S A McCARTHY, Minor. COA: 318855

Oakland CC Family Division:

07-739244-NA

_____________________________________/

On order of the Court, the application for leave to appeal the January 29, 2014 

order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of 

granting leave to appeal, we REMAND this case to the Court of Appeals for 

consideration as on leave granted.
#### Jenny Johana PONCE ARCHAGA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

No. 08-73160.

United States Court of Appeals, Ninth Circuit.

Submitted July 12, 2011.*

Filed July 22, 2011.

Elsa Ines Martinez, Esquire, Law Offices of Elsa Martinez, PLC, Los Angeles, CA, for Petitioner.

Richard M. Evans, Esquire, Assistant Director, OIL, Rebecca Anne Niburg, Esquire, Andrew Jacob Oliveira, Esquire, Trial, U.S. Department of Justice, Washington, DC, Chief Counsel Ice, Office of the Chief Counsel Department of Homeland Security, San Francisco, CA, for Respondent.

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 **

Jenny Johana Ponce Archaga, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying her motion to reopen removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We *962review for abuse of discretion the denial of a motion to reopen. *Mohammed v. Gonzales,*400 F.3d 785, 791-92 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The BIA acted within its broad discretion in determining that Ponce Archaga’s evidence of hardship was insufficient to warrant reopening. *See Singh v. INS,*295 F.3d 1037, 1039 (9th Cir.2002) (The BIA’s denial of a motion to reopen shall be reversed only if it is “arbitrary, irrational, or contrary to law.”).

We lack jurisdiction to review the BIA’s decision not to invoke its sua sponte authority to reopen proceedings under 8 C.F.R. § 1003.2(a). *See Mejia-Hernandez v. Holder,*633 F.3d 818, 824 (9th Cir.2011).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

**

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