alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON

SAMUEL KOTTKE,

Plaintiff,

v. 

CAROLYN W. COLVIN, Acting

Commissioner of Social Security,

Defendant.

Case No. 6:15-cv-00927-KI

JUDGMENT

Bruce W. Brewer

P.O. Box 421

West Linn, OR 97068

Attorney for Plaintiff

Billy J. Williams

United States Attorney

District of Oregon

Janice E. Hebert

Assistant United States Attorney

1000 SW Third Ave., Ste. 600

Portland, OR 97204-2902

Page 1 - OPINION AND ORDER

Case 6:15-cv-00927-KI Document 22 Filed 08/15/16 Page 1 of 2
John C. Lamont

Special Assistant United States Attorney

Office of the General Counsel

Social Security Administration

701 Fifth Ave., Ste. 2900 M/S 221A

Seattle, WA 98104-7075

Attorneys for Defendant

KING, Judge:

Based on the record, IT IS ORDERED AND ADJUDGED that the decision of the

Commissioner is affirmed and this case is dismissed.

IT IS SO ORDERED.

DATED this 15th day of August, 2016. 

 /s/ Garr M. King 

Garr M. King

United States District Judge

PAGE 2 - OPINION AND ORDER

Case 6:15-cv-00927-KI Document 22 Filed 08/15/16 Page 2 of 2
# C_2005288EN.01000201.xml

| 19.11.2005 | EN | Official Journal of the European Union | C 288/2 |
| --- | --- | --- | --- |

19.11.2005

EN

Official Journal of the European Union

C 288/2

---

FINAL REPORT OF THE HEARING OFFICER IN CASE COMP/M.3440 — EDP/ENI/GDP

FINAL REPORT OF THE HEARING OFFICER IN CASE

(pursuant to Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of hearing officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)

(pursuant to Article 15 of Commission Decision 2001/462/EC, ECSC of 23 May 2001 on the terms of reference of hearing officers in certain competition proceedings — OJ L 162, 19.6.2001, p. 21)

(2005/C 288/02)

(Text with EEA relevance)

On 9 July 2004, the Commission received notification, pursuant to Article 3(1)(b) of Council Regulation (EEC) No 4064/89, of a proposed merger under which the undertakings EDP and ENI would acquire joint control of the undertaking GDP.

At the end of the first stage of the procedure, the Commission concluded that the transaction raised serious doubts as to its compatibility with the common market. On 12 August 2004, therefore, the Commission initiated proceedings in accordance with Article 6(1)(c) of the Merger Regulation.

On 12 October 2004, the Commission sent the parties a statement of objections in which it concluded, on a provisional basis, that the proposed transaction was incompatible with the common market since it would (i) reinforce EDP's dominant position on the Portuguese electricity wholesale and retail markets and on the market for the supply of ancillary services and (ii) reinforce GDP's dominant position on the Portuguese markets for the supply of gas to combined-cycle plants, large industrial customers and local distribution companies and on the market for the supply of gas to small customers (industrial, commercial and individual).

The parties were given access to the file by means of a CD-Rom which was sent with the statement of objections. They replied to the statement of objections on 27 October 2004. The parties waived the right to a formal hearing.

On 28 October 2004, the parties offered commitments designed to meet the competition concerns identified by the Commission in its statement of objections. The proposed commitments were the subject of a market test, whose result was communicated to the parties. The commitments were deemed to be quite insufficient by the Commission. On 17 November 2004, the parties submitted new commitments involving only slight changes to those initially submitted.

On 19 November 2004, the Commission sent the Members of the Advisory Committee on Concentrations a draft Decision pursuant to Article 8(3) of the Merger Regulation declaring the proposed merger, as amended by the proposed commitments, incompatible with the common market.

The case does not call for any particular comments as regards the right to be heard.

Brussels, 29 November 2004.

Serge DURANDE

---
EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

AND CHIEF FINANCIAL OFFICER

PURSUANT TO

SECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

(18 U.S.C. 1350)

In connection with the Annual Report of Wells Real Estate Fund II-OW (the Registrant) on Form 10-K for the year ended December 31, 2006, as filed with the Securities and Exchange Commission (the Report), the
undersigned, Leo F. Wells, III, Chief Executive Officer of the corporate general partner of the Registrant, and Douglas P. Williams, Chief Financial Officer of the corporate general partner of the Registrant, hereby certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), that, to the best of our 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, and
| | --- | ---------------------------------------------------------------------------------------------------------------------



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



|                                                            
|------------------------------------------------------------
|                                                            
|/S/    LEO F. WELLS,
III                                    
|Leo F. Wells, III Principal Executive Officer
March 27, 2007



|                                                              
|--------------------------------------------------------------
|                                                              
|/S/    DOUGLAS P.
WILLIAMS                                    
|Douglas P. Williams Principal Financial
Officer March 27, 2007
**EXHIBIT 99.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER**

**PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

**(18 U.S.C. 1350)**

 

In connection with the Quarterly Report of Wells Real Estate Fund II-OW (the“Registrant”) on Form 10-K for the year ended December 31, 2002, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, Leo F. Wells, III, Chief Executive Officer of the corporateGeneral Partner of the Registrant, hereby certifies, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. 1350), that, to the best of his knowledge and belief: 

 

(1)    The Report fully complies with the requirements of Section 13(a) or 15(d) of theSecurities 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 Registrant. 

 

/s/ LEO F. WELLS, III 

----
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*Order Entered March 8, 2007:*

#### People v McCuller,

No. 128161.

On February 20, 2007, the United States Supreme Court entered an order that vacated this Court’s opinion in this case, and remanded this case to this Court for further consideration in light of *Cunningham v California,*549 US_; 127 S Ct 856; 166 L Ed 2d 856 (2007). On order of the Court, this case shall be argued and submitted to the Court together with the cases of *People v Burns*(Docket No. 131898), and *People v Harper*(Docket No. 130988), at such future session of the Court as the cases are ready for submission. The parties shall file supplemental briefs by April 4, 2007, addressing the effect, if any, of *Cunningham v California*on the prison sentence imposed in this case, and on this Court’s vacated opinion in this case, *People v McCuller,*475 Mich 176 (2006). The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys Association of Michigan are invited to file briefs amicus curiae by April 4, 2007. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae by April 4, 2007. Court of Appeals No. 250000.
#### S. & J. Pharmacies, Inc., Respondent, v Bernard Stein et al., Appellants.

As set forth by the Judge at Special Term, the equities are with the tenant in its short delay in failing timely to exercise its renewal option. *(J.N.A. Realty Corp. v Cross Bay Chelsea,*42 NY2d 392; *Sy Jack Realty Co. v Pergament Syosset Corp.,*27 NY2d 449; *Jones v Gianferante,*305 NY 135.)

Inasmuch as we affirm on the declaration of a valid exercise of renewal option, it renders moot the defendants’ Civil Court action and, therefore, that action is dismissed. Concur — Kupferman, J. P., Sullivan, Ross, Carro and Asch, JJ.
#### The People of the State of New York, Respondent, v Phillip Callisto, Appellant.

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demakos, J.), rendered November 3, 1983, convicting him of assault in the second degree, menacing, reckless endangerment in the second degree, and unlawfully carrying and possessing a loaded rifle in public within the limits of the City of New York, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s motion which was to suppress his statements to law enforcement authorities.

Ordered that the judgment is affirmed.

We have reviewed the record of the *Huntley*hearing and conclude that the evidence supports the suppression court’s determination that the defendant’s statements were voluntarily made *(see, People v Anderson,*42 NY2d 35, 38; *People v Eastman,*114 AD2d 509; *People v Pearson,*106 AD2d 588). Further, there was evidence of sufficient quantity and quality *324to support the defendant’s conviction of assault in the second degree *(see, People v Malizia,*62 NY2d 755, *cert denied*469 US 932; *People v Contes,*60 NY2d 620; *People v Bigelow,*106 AD2d 448). Finally, the sentence imposed was neither unduly harsh nor excessive under the circumstances of this case. Thompson, J. P., Bracken, Rubin and Spatt, JJ., concur.
ex10-2.htm


    EXHIBIT
10.2

    


    FIRST
AMENDMENT TO THE

    CYBERONICS,
INC. 2005 STOCK PLAN

    


    WHEREAS, there is reserved to the Board
of Directors ("Board") of Cyberonics, Inc. in Section 15 of the Cyberonics, Inc.
Amended and Restated 1997 Stock Plan (the "Plan") the right to amend the Plan,
subject to certain restrictions set forth therein; and

    


    WHEREAS, the Board deems it advisable
to amend the Plan in the manner

    hereafter
set forth;

     

    NOW, THEREFORE, the definition of “Fair
Market Value” in Section 2(m) of the Plan is hereby amended effective as of
August 19, 2008, to read as follows:

     

    (m) "Fair Market Value" means, as
of any date, the value of Common Stock determined as follows:

     

    (i) If the Common Stock is listed on
any established stock exchange or a national market system, its Fair Market
Value shall be the closing sales price for such stock (or the closing bid, if no
sales were reported) as quoted on such exchange or system on the day of
determination, or if such Common Stock was not traded on the day of
determination, the closing sales price for such stock for the last market
trading day prior to the day of determination, as reported in The Wall Street Journal or
such other source as the Administrator selects;

     

    (ii) If the Common Stock is regularly
quoted by a recognized securities dealer but selling prices are not reported,
the Fair Market Value of a Share of Common Stock shall be the mean between the
high bid and low asked prices for the Common Stock on the day of determination,
or if such Common Stock was not traded on the day of determination, the mean
between the high bid and low asked prices for the Common Stock on the last
market trading day prior to the day of determination as reported in The Wall Street Journal or
such other source as the Administrator deems reliable; or

    


    (iii) In the absence of an established
market for the Common Stock, the Fair Market Value shall be determined in good
faith by the Administrator.

    


    Except as amended and modified hereby,
the Plan shall continue in full force and effect and the Plan and this amendment
shall be read, taken and construed as one and the same
instrument.
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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

In connection with
the Quarterly Report of Optical Cable Corporation (the Company) on Form 10-Q for the quarter ended April 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned
hereby certifies, 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) or 15(d) of the Securities and
Exchange Act of 1934; and (2) the information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of the Company as of April 30, 2006, and for the period then ended.



|                    |  |                                                                          
|------------------- |  | -------------------------------------------------------------------------
|Date: June 14, 2006 |  | /s/ Neil D. Wilkin, Jr.                                                  
|                    |  | Neil D. Wilkin, Jr.                                                      
|                    |  | Chairman of the Board of Directors, President and
Chief Executive Officer
# Fourth Court of Appeals **San Antonio, Texas**

JUDGMENT

No. 04

- 12

- 00835

- CV

IN THE INTEREST OF L.K.T. , a Child

From the 216th Judicial District Court, Kendall County, Texas Trial Court No. 11

- 361

- A The Honorable Cathy O. Morris, Judge Presiding

BEFORE JUSTICE BARNARD

, JUSTICE ALVAREZ , AND JUSTICE CHAPA

In accordance with this court’s opinion of this date, the Appellant’s attorney’s motion to withdraw is GRANTED, and the trial court’s order is AFFIRMED. No costs shall be assessed against Appellant in r elation to this appeal because she qualifies as indigent under Rule 20.1.
See T EX

. R. A PP

. P. 20.1.

SIGNED April 17, 2013.

_____________________________ Patricia O. Alvarez, Justice
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

In connection with
the Quarterly Report of Optical Cable Corporation (the Company) on Form 10-Q for the quarter ended April 30, 2007 as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned
hereby certifies, 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) or 15(d) of the Securities and
Exchange Act of 1934; and (2) the information contained in the Report fairly represents, in all material respects, the financial condition and results of operations of the Company as of April 30, 2007, and for the period then ended.



|                    |  |  |  |                                                                          
|------------------- |  |  |  | -------------------------------------------------------------------------
|Date: June 14, 2007 |  |  |  | /s/ Neil D. Wilkin, Jr.                                                  
|                    |  |  |  | Neil D. Wilkin, Jr.                                                      
|                    |  |  |  | Chairman of the Board of Directors, President and
Chief Executive Officer
Exhibit 32.2**CERTIFICATION**I, Michael R. Kramer, Chief Financial Officer of ATS Medical, Inc. (the Company), certify, pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:The Annual Report on Form 10-K of the Company for the year ended December 31, 2007 (the “Report”)fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934 (15U.S.C. 78m); andThe information contained in the Report fairly presents, in all material respects, the financialcondition and results of operations of the Company.     Date: March 14, 2008         /s/ Michael R. Kramer       Name: Michael R. Kramer  Title: Chief Financial Officer
(November 13, 1986)

#### Jayne Spungin, Appellant, v Michael Spungin, Respondent, et al., Defendant. (Action No. 1.) Jayne Spungin, Appellant, v Michael Spungin, Respondent. (Action No. 2.)

The court properly found the reconciliation agreement between the parties to be void and unenforceable because the defendant’s attorney of record was not present during the negotiations or signing of this agreement and had not been discharged pursuant to CPLR 321 (b) *(see, Moustakas v Bouloukos,*112 AD2d 981). Mollen, P. J., Mangano, Niehoff and Weinstein, JJ., concur.
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED
FROM THE COMPANY'S FINANCIAL STATEMENTS FOR THE NINE MONTH PERIOD
ENDED SEPTEMBER 30, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                             DEC-31-1998
<PERIOD-END>                                  SEP-30-1998
<CASH>                                            400,703
<SECURITIES>                                            0
<RECEIVABLES>                                   2,917,793
<ALLOWANCES>                                      360,000
<INVENTORY>                                     2,914,480
<CURRENT-ASSETS>                                5,943,376
<PP&E>                                          2,214,051
<DEPRECIATION>                                  1,586,915
<TOTAL-ASSETS>                                  8,360,274
<CURRENT-LIABILITIES>                           4,324,492
<BONDS>                                            50,507
<PREFERRED-MANDATORY>                                   0
<PREFERRED>                                             0
<COMMON>                                          124,496
<OTHER-SE>                                      3,542,142
<TOTAL-LIABILITY-AND-EQUITY>                    8,360,274
<SALES>                                        10,471,529
<TOTAL-REVENUES>                               10,471,529
<CGS>                                           6,322,015
<TOTAL-COSTS>                                   7,172,023
<OTHER-EXPENSES>                                        0
<LOSS-PROVISION>                                  195,000
<INTEREST-EXPENSE>                                 93,758
<INCOME-PRETAX>                                (3,116,267)
<INCOME-TAX>                                        1,730
<INCOME-CONTINUING>                            (3,117,997)
<DISCONTINUED>                                    975,276
<EXTRAORDINARY>                                         0
<CHANGES>                                               0
<NET-INCOME>                                   (2,142,721)
<EPS-PRIMARY>                                        (.17)
<EPS-DILUTED>                                        (.17)
                                               


</TABLE>