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

FOR THE DISTRICT OF OREGON 

BRENDA LEE KELLY, 

Plaintiff, 

v. 

COMMISSIONER SOCIAL SECURITY 

ADMINISTRATION, 

Defendant. 

MARSH, Judge 

Case No. 1: 15-cv-00762-MA 

ORDER FOR SUPPLEMENTAL 

EAJAFEES 

On December 14, 2016, the parties filed a Stipulated Application for Supplemental Fees 

Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in which the parties agree 

that plaintiff should be awarded supplemental fees in the amount of $745.01 (ECF No. 28.) 

Accordingly, based on the agreement of the parties, it is hereby ORDERED that attorney fees 

in the amount of$745.01 shall be awarded to plaintiff pursuant to the Equal Access to Justice Act, 

28 U.S.C. § 2412. The parties agree that attorney fees will be paid to plaintiffs attorney, subject to 

verification that plaintiff does not have a debt which qualifies for offset against the awarded fees, 

pursuant to the Treasury Offset Program as discussed inAstrue v. Ratliff, 560 U.S. 586 (2010). 

1 - ORDER FOR SUPPLEMENTAL EAJA FEES 

..... . -:r . ·,.; 

Case 1:15-cv-00762-MA Document 30 Filed 12/19/16 Page 1 of 2
If plaintiff has no such debt, then the check shall be made out to plaintiffs attorney, Tim 

Wilborn, P.O. Box 370578, Las Vegas, NV 89137. If plaintiff has a debt, then the check for any 

remaining funds after offset of the debt shall be made out to plaintiff and mailed to plaintiffs 

attorney's office at the address stated above. 

IT IS SO ORDERED. 

DATED this __fl day of DECEMBER, 2016. 

Malcolm F. Marsh 

United States District Judge 

2 - ORDER FOR SUPPLEMENTAL EAJA FEES 

Case 1:15-cv-00762-MA Document 30 Filed 12/19/16 Page 2 of 2
<logo> The Huntington Mortgage Company
7575 Huntington Park Drive
Columbus, Ohio 43235
Norwest Bank of Minnesota. N.A.
11000 Broken Land Columbia, MD 21044-3562 
Attn: Tracey Waldman

Re:  Officer's Certificate

Dear Master Servicer:

The undersigned officer certifies the following for the 1996 fiscal year:

(A)	I have reviewed the activities and performance of the 
Servicer during the preceding fiscal year under the terms of 
the Servicing Agreement. Trust Agreement. Pooling and 
Servicing Agreement and/or Seller/Servicer Guide and to the 
best of these officers knowledge. the Servicer has fulfilled 
all of its duties. responsibilities or obligations under 
these Agreements throughout such year. or if there have been 
a default or failure of the servicer to perform any such 
duties. responsibilities or obligations. a description of 
each default or failure and the nature and status thereof 
have been reported to Norwest Bank of Minnesota. N.A.;

(B)	I have confirmed that the Servicer is currently an 
approved FNMA or FHLMC servicer in good standing;

(C)	I have confirmed that the Fidelity Bond. the Errors and 
Omissions Insurance Policy and any other bonds required 
under the terms of the Servicing Agreement. Trust Agreement. 
Pooling and Servicing Agreement and/or Seller/Servicer Guide 
are in full force and effect;

(D)	All premiums for each Hazard Insurance Policy. Flood 
Insurance Policy (if applicable) and Primary Mortgage 
Insurance Policy (if applicable). with respect to each 
Mortgaged Property, have been paid and that all such 
Insurance policies are in full force and effect:

(E)	All real estate taxes, governmental assessments and any 
other expenses accrued and due. that if not paid could 
result in a lien or encumbrance on any Mortgaged Property. 
have been paid. or if any such costs or expenses have not 
been paid with respect to any Mortgaged Property. the reason 
for the non-payment has been reported to Norwest Bank 
Minnesota. N.A.:

(F)	All Custodial Accounts have been reconciled and are properly funded: and

(G)	All annual reports of Foreclosure and Abandonment of 
Mortgage Property required per section 60503 and 6050P of 
the Internal Revenue Code have been prepared and filed.

Certified By

/s/Bradford C. Noutwift
VICE PRESIDENT
MAY 13, 1997

A subsidiary of The Huntington National Bank
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 Young Innovations (the “Company”) on
Form 10-Q for the period ending March 31, 2010 filed with the Securities and
Exchange Commission on the date hereof (the “Report”), the undersigned Chief
Executive Officer and Chief Financial Officer of the Company hereby certify,
pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act
of 2002 that based on their knowledge (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 as of
and for the periods covered in the Report.











/s/
            Alfred
      E. Brennan, Jr.







Alfred
      E. Brennan, Jr.




Chief
      Executive Officer





/s/
            Arthur
      L. Herbst, Jr.







Arthur
      L. Herbst, Jr.





President
      and Chief Financial Officer
#### In the Matter of Pender L. James, Petitioner, v E. W. Jones, as Superintendent of Great Meadow Correctional Facility, Respondent.

Mahoney, P. J., Kane, Yesawich, Jr., Levine and Harvey, JJ., concur.
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



I, David M. Demshur, Chief Executive Officer of Core Laboratories N.V. (the "Company"), hereby certify that the accompanying report on Form 10-Q for the quarter ended June 30, 2008, filed by the Company 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, (the "Report").

I further certify that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|Date: July 25, 2008 | /s/ David M. Demshur          
|------------------- | ------------------------------
|                    | Name: David M. Demshur        
|                    | Title: Chief Executive Officer
|                    |
#### In the Matter of Golden Horizon Terryville Corp., Appellant, v Brenda A. Prusinowski et al., Respondents.

[941 NYS2d 890]

In a hybrid proceeding pursuant to CPLR article 78 in the nature of mandamus to compel the review of the application of the petitioner/plaintiff for commercial site plan approval to develop a certain parcel of real property, and action, inter alia, for a judgment declaring, among other things, that any moratorium on the review of commercial site plan applications imposed by the Town of Brookhaven does not apply to the subject real property owned by the petitioner/plaintiff, the petitioner/plaintiff appeals from a judgment of the Supreme Court, Suffolk County (Costello, J.), entered December 21, 2010, which, upon remittitur from this Court by decision and order dated June 16, 2009 *(see Matter of Golden Horizon Terryville Corp. v Prusinowski,*63 AD3d 930 [2009]), and after an evidentiary hearing on the issue of whether there were “special facts” indicating that the respondents/defendants acted in bad faith in delaying the consideration of its application for commercial site plan approval, determined that it failed to demonstrate such special facts, denied the petition, and, in effect, dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Generally, courts must apply the zoning laws as they exist at the time a decision is rendered unless there is proof of “special facts” which indicate that the municipality acted in bad faith in delaying the consideration of a landowner’s application for a building permit or other land-use approvals *(see Matter of Pokoik v Silsdorf,*40 NY2d 769 [1976]; *Matter of D’Agostino Bros. Enters., Inc. v Vecchio,*13 AD3d 369, 370 [2004]; *Wiehe v Town of Babylon,*169 AD2d 728, 728-729 [1991]; *Matter of Lawrence School Corp. v Morris,*167 AD2d 467 [1990]). Contrary to the contention of the petitioner/plaintiff, it failed to demonstrate the existence of special facts at the hearing that would warrant an exception to the general rule *(see Matter of Lucrezia v Board of Appeals of Town of Haverstraw,*2 AD3d 861 [2003]; *Matter of Home Depot U.S.A. v Village of Rockville Ctr.,*295 AD2d 426, 429 [2002]; *Matter of Calverton Indus, v Town of Riverhead,*278 AD2d 319, 320 [2000]; *Wiehe v Town of Babylon,*169 AD2d at 728-729). Dickerson, J.E, Chambers, Austin and Miller, JJ., concur.
EXHIBIT 99.2

                         Certification of Versata, Inc.
            pursuant to Section 906 of the Sarbanes-Oxley Act of 2002
   regarding Quarterly Report on Form 10-Q for the quarter ended July 31, 2002

         Pursuant to Section 906 of the  Sarbanes-Oxley Act of 2002 (subsections
(a) and (b) of section 1350,  chapter 63 of title 18, United States Code),  each
of the  undersigned  officers  of Versata,  Inc.,  a Delaware  corporation  (the
"Company"), does hereby certify that:

         1. The  Company's  Quarterly  Report on Form 10-Q for the quarter ended
July 31, 2002 (the "Form 10-Q") fully complies with the  requirements of Section
13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

         2.  Information  contained  in the Form 10-Q  fairly  presents,  in all
material  respects,  the  financial  condition  and results of operations of the
Company.



Date: September 13, 2002            By:  /s/ JAMES DOEHRMAN
                                    ---------------------------------
                                    James Doehrman
                                    Executive Vice President,
                                    Chief Operating Officer and
                                    Chief Financial Officer
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### T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N

NO. 03-13-00685- CR

Milton Leroy Wesle y, Appellan t

v. The State of Texas, App ellee

F ROM TH E DISTRI CT COURT O F TRAVIS CO UNTY, 403 RD JUDICI AL DISTRICT NO. D-1 -DC- 10- 2064 29, H ONO RAB LE B RENDA KENNEDY , JUDGE P RESIDING

M E M O R A N D U M O P I N I O N
Appellant Milton L eroy Wesle y was place d on community supervision afte r pleading
g uilty to the first-deg ree felony offe nse of poss es s i o n o f a controlled substance, morphine, in an
amount of more than 4 g rams but les s t h en 2 0 0 gra m s , with intent to deliver. See Tex. Hea lth &
S af ety Code § 481.112(d); Tex. Code Crim. Proc. art. 42.12, § 3 (community supervisio n ). T h e district court subsequently deter mined that Wesley violated the conditions of his supervision and

re v o k ed his community supervision, sentenc ing him to the six y ear s of imprisonment orig inall y imposed. See Tex. Code Crim. Proc. art. 42.12, § 23 (re vocation of commun i t y s u pervision);
Tex. P enal Code § 12.32 ( first-deg ree felony punishment rang e). Wesley ’s court-a

ppointed attorney has filed a motion to withdraw s u pported by

a brief concluding that this appea l is frivolous and without merit. The brief meets the require ments of Anders v. Calif

ornia , 386 U.S. 738, 744 (1967), by prese nting a profe ssional eva l u at i o n of therec ord demonstra ting why there are no arg uable g rounds to be advanc ed. See id. ; see also Pe nson v. Ohio , 488 U.S. 75, 80 (1988); High v. Stat e , 573 S.W .2d 807, 811-13 (Tex

. Crim. Ap p . 1 9 7 8 );
Currie v. Stat e , 516 S.W .2d 684, 684 (T ex. Crim. App. 1974); Jack son v. Stat e , 485 S.W .2d 553,
553 (Tex. Crim. Ap p . 1 9 7 2 ); Gai nous v. State , 436 S.W .2d 137, 138 (Tex. Crim. App. 1969).
C ounsel sent a copy of the brief to Wesley and advised him of his rig ht to examine th e ap p el l at e

rec ord and to file a pro se brief. See Anders , 386 U.S. at 744. Wesley did not file a pro se brief and did not request an e x tension of time to do so.

We have revie wed the rec ord and find no reve rsible err or. See Garner v. State , 300 S.W .3d 763, 766 (Tex. Crim. App. 2009); Bledsoe v. State , 178 S.W .3d 824, 826-27 (Tex. Crim. App. 2005). We ag ree with counsel that this appea l is frivolous. Counsel’s motion to withdraw is
g rante d. The judg ment of convic tion is affirmed.

J eff Rose, J ustice
Be fore Chief J ustice Jones, J ustices Pemberton a nd Rose
Affir med Filed: Mar ch 26, 2014 Do Not Publish

2
#### Alfredo Villa, Appellant, v Katherine Leandrou, Respondent.

[942 NYS2d 371]

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (McDonald, J.), dated June 2, 2011, which denied his motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, with costs.

As properly determined by the Supreme Court, the plaintiff failed to make a prima facie showing of entitlement to judgment as a matter of law *(see Thoma v Ronai,*82 NY2d 736, 737 [1993]; *Alvarez v Prospect Hosp.,*68 NY2d 320, 324 [1986]). The proof submitted by the plaintiff in support of his motion failed to establish, as a matter of law, that he was free from comparative negligence *(see Roman v Al Limousine, Inc.,*76 AD3d 552 [2010]; *McFadden v Bruno,*37 AD3d 177 [2007]; *Scibelli v Hopchick,*27 AD3d 720 [2006]; *Wallace v Dubin,*20 AD3d 412 [2005]; *Valore v McIntosh,*8 AD3d 662 [2004]; *Eastmond v Wen Po Wong,*300 AD2d 344 [2002]). The failure to make such a showing requires the denial of the plaintiffs motion for summary judgment, regardless of the sufficiency of the defendant’s opposition papers *(see Winegrad v New York Univ. Med. Ctr.,*64 NY2d 851, 853 [1985]). Accordingly, the Supreme Court properly denied the plaintiffs motion for summary judgment on the issue of liability. Rivera, J.P., Chambers, Roman and Sgroi, JJ., concur. [Prior Case History: 31 Misc 3d 1237(A), 2011 NY Slip Op 5102KU).]
Page 1 – NOTICE OF APPEAL

2814909

Karen M. Vickers, OSB No. 913810 

E-mail: kvickers@mershanlaw.com 

Blake H. Fry, OSB No. 100128 

E-mail: bfry@mershanlaw.com 

MERSEREAU SHANNON LLP 

One SW Columbia Street, Suite 1600 

Portland, OR 97258-2089 

Telephone: (503) 226-6400 

Facsimile: (503) 226-0383 

Thomas M. Christ, OSB No. 834064 

E-mail: tchrist@cosgravelaw.com 

Julie A. Smith, OSB No. 983450 

E-mail: jsmith@cosgravelaw.com 

COSGRAVE VERGEER KESTER LLP 

888 SW Fifth Avenue, Suite 500 

Portland, Oregon 97204 

Telephone: (503) 323-9000 

Facsimile: (503) 323-9019 

Attorneys for Defendant Jon Hanken 

UNITED STATES DISTRICT COURT 

DISTRICT OF OREGON 

PORTLAND DIVISION 

DOUG GREISEN, an individual, 

Plaintiff, 

v. 

JON HANKEN, an individual, JOHN DOES 

1-5, and CITY OF SCAPPOOSE, an Oregon 

municipality, 

Defendants. 

Case No. 3:14-cv-01399-SI 

NOTICE OF APPEAL 

Notice is hereby given that defendant Jon Hanken appeals to the United States 

Court of Appeals for the Ninth Circuit from the final judgment of the district court 

Case 3:14-cv-01399-SI Document 151 Filed 06/06/17 Page 1 of 3
Page 2 – NOTICE OF APPEAL

2814909

entered in this case on July 22, 2016, from the order of the district court entered in this 

case on May 12, 2017, denying defendant’s motion for judgment as a matter of law and 

alternative motions for new trial and remittitur, and from the supplemental judgment for 

attorney fees and costs entered in this case on June 2, 2017. 

DATED: June 6, 2017 

Respectfully submitted, 

COSGRAVE VERGEER KESTER LLP 

s/ Julie A. Smith 

 Julie A. Smith, OSB No. 983450 

Thomas M. Christ, OSB No. 834064 

Attorneys for Defendant Jon Hanken 

Case 3:14-cv-01399-SI Document 151 Filed 06/06/17 Page 2 of 3
Page 3 – CERTIFICATE OF SERVICE

2814909

CERTIFICATE OF FILING AND SERVICE 

 I hereby certify that I filed the foregoing Notice of Appeal with the Clerk of the 

Court for the United States District Court for the District of Oregon using the CM/ECF 

system. I further certify that I served a true and correct copy of the foregoing NOTICE 

OF APPEAL on the date indicated below by: 

 mail with postage prepaid, deposited in the US mail at Portland, Oregon, 

 hand delivery, 

 facsimile transmission, 

 overnight delivery, 

 electronic filing notification. 

I further certify that said copy was delivered as indicated above and addressed to 

said attorneys at the addresses listed below: 

John D. Ostrander 

William A. Drew 

Elliot, Ostrander & Preston, P.C. 

707 SW Washington Street, Suite 1500 

Portland, OR 97205 

Of Attorneys for Plaintiff 

Karen M. Vickers 

Blake H. Fry 

Mersereau Shannon LLP 

One SW Columbia Street, Suite 1600 

Portland, OR 97258-2089 

Of Attorneys for Defendant Jon Hanken 

 DATED: June 6, 2017 

s/ Julie A. Smith 

 Julie A. Smith 

Case 3:14-cv-01399-SI Document 151 Filed 06/06/17 Page 3 of 3
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