alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Julia L. Ashe, Also Known as Julia L. Colis, Appellant, v 1907 Ditmas Ave. Realty Corp. et al., Defendants, and Morton Luchs et al., Respondents.

— In an action to recover damages based upon allegations of fraud and deceit in connection with the purchase and sale of certain real property, the plaintiff appeals from an order of the Supreme Court, Kings County (Bernstein, J.), dated June 12, 1984, which granted the motion of the defendants Anthony J. Cerrato, Jr., Leo A. Sweeney, Julius Cohn, Carl Stahl and L. Victor Vaccaro for summary judgment dismissing the complaint as against them and granted the cross motion of the defendant Morton Luchs *433for summary judgment dismissing the complaint as against him, and canceled and vacated a notice of pendency filed against the premises known as 1907 Ditmas Avenue, Brooklyn, New York.

Ordered that the order is affirmed, with one bill of costs.

The plaintiff’s verified complaint fails to allege an essential element of a cause of action to recover damages for fraud and deceit as against the members of the law firm of Cerrato, Sweeney, Cohn, Stahl & Vaccaro (hereinafter Cerrato), which represented the sellers of the real property that the plaintiff had contracted to purchase, to wit, that she relied upon certain misrepresentations allegedly made by Cerrato in connection with her execution of an agreement dated September 14, 1983, in which the plaintiff purportedly waived all defenses to three actions, including a foreclosure action previously commenced against her by the sellers (the defendants Saul and Barbara Luchs). Paragraph thirty-second of the complaint states, in part, that the plaintiff had retained a Brooklyn attorney to represent her in connection with the pending foreclosure sale of the property located at 1907 Ditmas Avenue, scheduled to take place on September 14, 1984, and that he advised her that the "judgment of foreclosure was in fact legally obtained”. Thus, even if the plaintiff acted in reliance upon such representations, she conceded doing so upon the advice of independent counsel and, therefore, cannot maintain her action against Cerrato *(see, Abbate v Abbate,*82 AD2d 368, 377-378).

With respect to the defendant Morton Luchs, who was merely a grantee of the deed executed as part of the September 14, 1983 agreement and who was, by the plaintiff’s own admission, a disinterested party up to and including that date, it is clear that the plaintiff failed to state a cause of action against him since she did not set forth the details of his conduct which allegedly constituted fraud *(see,*CPLR 3016 [b]; *Glassman v Catli,*111 AD2d 744, 745; *Gill v Caribbean Home Remodeling Co., 73*AD2d 609, 610).

Although we conclude that the issues raised on the plaintiff’s appeal lack merit, it cannot be said that the appeal is so frivolous as to warrant the imposition of monetary sanctions *(see, Ltown Ltd. Partnership v Sire Plan,*108 AD2d 435, 443-444). Bracken, J. P., Niehoff, Eiber and Sullivan, JJ., concur.
----

 **   Exhibit 32.1**

 

**CERTIFICATIONS PURSUANT TO**

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

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

 

In connection with the AnnualReport of mPhase Technologies, Inc. a New Jersey corporation (the "Company"), onForm 10K for the fiscal year ended June 30, 2007, as filed with the Securitiesand Exchange Commission (the "Report"), I, Ronald A. Durando, Chief ExecutiveOfficer of the Company certify, pursuant to Section 906 of the Sarbanes-OxleyAct of 2002 (18 U.S.C. Section 1350), that to his knowledge:

 

1.     The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

2.     The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.

 

 /s/ Ronald A. Durando

 Ronald A. Durando

Chief Executive Officer

 

 September 28, 2007

 

----
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1 – ORDER 

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

CESAR CARDENAS PULIDO,

Plaintiff, No. 3:15-CV-01992-AC

v. OPINION & ORDER

WALTER MONK, JOHN DOES 1 – 10,

and UNITED STATES OF AMERICA, 

Defendants. 

HERNÁNDEZ, District Judge:

Magistrate Judge John Acosta issued his Findings & Recommendation (“F&R”) [41] on 

October 18, 2016, recommending that Defendants’ motions to dismiss Plaintiff’s Complaint be 

granted and granting Plaintiff leave to amend. Plaintiff and Defendant Monk have timely filed 

objections [43], [44] to the F&R. The matter is now before the Court pursuant to 28 U.S.C. 

§ 636(b)(1) and Federal Rule of Civil Procedure 72(b). 

Case 3:15-cv-01992-AC Document 48 Filed 01/23/17 Page 1 of 3
2 – ORDER 

When a party objects to any portion of the Magistrate Judge's F&R, the district court 

must make a de novo determination of that portion of the Magistrate Judge’s report. 28 U.S.C. 

§ 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th Cir. 2009); United States v. ReynaTapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).

With respect to Parts I, II.A, and III of the F&R, the Court has carefully considered the 

parties’ objections and concludes there is no basis to modify the F&R. The Court has also

reviewed the pertinent portions of the record de novo and find no errors in the Magistrate Judge's 

F&R.

The Court modifies Part II.B of the F&R to the extent that it relies upon Wilson-Sauls v. 

Curtis, No. CIV.07-163-AS, 2008 WL 836417 (D. Or. Mar. 26, 2008), to support implying a 

Bivens remedy. See, Ponce v. U.S. Gov't, No. 3:11-CV-172-AC, 2013 WL 6177812, at *9–10

(D. Or. Nov. 21, 2013), aff'd, 639 F. App'x 511 (9th Cir. 2016), and aff'd, No. 13-36192, 2016 

WL 4088753 (9th Cir. Aug. 2, 2016) (disagreeing with Wilson-Sauls and holding that the 

Federal Employees Compensation Act provided a sufficient alternative remedy to displace a 

Bivens claim for Fourth and Fifth Amendment violations). Wilson-Sauls is inapposite the present 

case. It is well-established that victims of Fourth and Fifth Amendment violations caused “by 

federal officers may bring suit for money damages against the officers in federal court.” Corr. 

Servs. Corp. v. Malesko, 534 U.S. 61, 66–67 (2001) (citing Bivens v. Six Unknown Named 

Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 396 (1971)). Accordingly, the Court adopts 

the remainder of Part II.B of the F&R.

//

//

//

Case 3:15-cv-01992-AC Document 48 Filed 01/23/17 Page 2 of 3
3 – ORDER 

CONCLUSION

The Court ADOPTS Magistrate Judge Acosta’s Findings & Recommendation [41], and 

therefore, Defendants’ motions to dismiss [30], [31] are GRANTED with leave to Plaintiff to 

amend his Complaint.

IT IS SO ORDERED.

DATED this _______ day of ____________________, 2016. 

 

MARCO A. HERNÁNDEZ

United States District Judge

Case 3:15-cv-01992-AC Document 48 Filed 01/23/17 Page 3 of 3
#### The People of the State of New York, Respondent, v Nelson Santana, Appellant.

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lawrence, J.), rendered May 25, 1982, convicting him of arson in the third degree (seven counts), attempted arson in the third degree, reckless endangerment in the first degree (six counts), conspiracy in the fourth degree and violation of General Business Law § 340, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention with respect to the court’s charge has not been preserved for appellate review *(see,*CPL 470.05 [2]; *People v Robinson,*103 AD2d 852). Under the circumstances of this case, in particular the overwhelming proof of guilt, reversal in the interest of justice is not warranted.

We find no abuse of discretion in the trial court’s denial of the defendant’s midtrial request for a severance *(see,*CPL 200.40 [1]; *People v Lane,*56 NY2d 1; *People v Bornholdt,*33 NY2d 75, *cert denied sub nom. Victory v New York,*416 US 905; *People v Torres,*118 AD2d 821, *appeal denied*68 NY2d 672). The sentence imposed was appropriate under the circumstances and we see no reason to disturb it *(see, People v Suitte,*90 AD2d 80).

We have reviewed the defendant’s remaining arguments, including those made in his *pro se*supplemental brief, and have found them to be either unpreserved for appellate review *428or lacking in merit. Mollen, P. J., Bracken, Brown and Sullivan, JJ., concur.
Case 3:15-cv-01857-SI Document 6 Filed 10/14/15 Page 1 of 3
Case 3:15-cv-01857-SI Document 6 Filed 10/14/15 Page 2 of 3
Case 3:15-cv-01857-SI Document 6 Filed 10/14/15 Page 3 of 3
#### EARL, Respondent, v. BEEMAN et al., Appellants.

(Supreme Court, Appellate Division, Third Department.

January 20, 1896.)

Action by Artemus H. Earl against Helen L. Bee-man and Nathan Beeman.

No opinion. Order affirmed, with $10 costs and disbursements.
1 – ORDER 

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

UNITED STATES OF AMERICA, No. 2:14-cv-01982-SU

ex rel. ARLEN SMITH, JERRY

HARRYMAN, and ROTISH SINGH, ORDER

Plaintiff-Relators, 

v.

ARLEN SMITH, JERRY HARRYMAN, and

ROTISH SINGH, on behalf of themselves and on

behalf of all other similarly situated, 

Defendants. 

v.

COLETTE S. PETERS, Director, Oregon

Department of Corrections; BRIAN BELLEQUE,

Interim Deputy Director, Oregon Department of

Corrections; MITCH MORROW, formerly Deputy

Director, Oregon Department of Corrections; MIKE

GOWERS, Assistant Director, Oregon Department of

Corrections; STEVEN FRANKE, Administrator,

Oregon Department of Corrections; KIM

BROCKAMP, Administrator, Oregon Department
2 – ORDER 

of Corrections; KETTY RATHS, Administrator, 

Oregon Department of Corrections; ANITA

NELSON, Administrator and Manager of 

Commissary Operations, Oregon Department of

Corrections; and JOHN DOES numbers one

through ten,

Defendants (under False 

Claims Act and RICO claims)

and

STATE OF OREGON and OREGON 

DEPARTMENT OF CORRECTIONS

Defendants (under RICO and

State-law claims)

Defendants.

HERNÁNDEZ, District Judge:

Magistrate Judge Patricia Sullivan issued a Findings & Recommendation [75] on May 3, 

2018, recommending that Defendants’ Motion to Dismiss Second Amended Complaint [59] be 

granted in part and denied in part. Plaintiffs have timely filed objections [84] to the Findings & 

Recommendation. The matter is now before the Court pursuant to 28 U.S.C. § 636(b)(1) and 

Federal Rule of Civil Procedure 72(b). 

When a party objects to any portion of the Magistrate Judge’s Findings & 

Recommendation, the district court must make a de novo determination of that portion of the 

Magistrate Judge's report. 28 U.S.C. § 636(b)(1); Dawson v. Marshall, 561 F.3d 930, 932 (9th 

Cir. 2009); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir. 2003) (en banc).
3 – ORDER 

The Court carefully considered Plaintiffs’ objections and concludes there is no basis to 

modify the Findings & Recommendation. The Court has also reviewed the pertinent portions of 

the record de novo and finds no errors in the Magistrate Judge’s Findings & Recommendation.

CONCLUSION

The Court ADOPTS Magistrate Judge Sullivan’s Findings & Recommendation [75], and 

therefore, Defendants’ Motion to Dismiss Second Amended Complaint [59] is granted in part 

and denied in part consistent with Magistrate Judge Sullivan’s recommendations.

IT IS SO ORDERED.

DATED this _______ day of ____________________, 2018. 

 

MARCO A. HERNÁNDEZ

United States District Judge
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</TABLE>
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# C_2006021EN.01001001.xml

| 28.1.2006 | EN | Official Journal of the European Union | C 21/10 |
| --- | --- | --- | --- |

28.1.2006

EN

Official Journal of the European Union

C 21/10

---

Corrigendum to the Commission communication in the framework of the implementation of Directive 98/37/EC of the European Parliament and of the Council of 22 June 1998 on the approximation of the laws of the Member States relating to machinery

(
  Official Journal of the European Union C 336 of 31 December 2005
  )

(
  Official Journal of the European Union C 336 of 31 December 2005

(2006/C 21/08)

On page 53, in the second entry, the reference to the following standard is deleted:

| ‘CEN | EN 14502-1:2005
  Cranes — Equipment for lifting persons — Part 1: Suspended baskets | This is the first publication | —’ | |
| --- | --- | --- | --- | --- |

‘CEN

EN 14502-1:2005

Cranes — Equipment for lifting persons — Part 1: Suspended baskets

This is the first publication

—’

---
II

Calendar No. 543

105TH CONGRESS

2D SESSION S. 1990

[Report No. 105–304]

To authorize expansion of Fort Davis National Historic Site in Fort Davis,

Texas.

IN THE SENATE OF THE UNITED STATES

APRIL 27, 1998

Mrs. HUTCHISON (for herself and Mr. GRAMM) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

SEPTEMBER 8 (legislative day, AUGUST 31), 1998

Reported by Mr. MURKOWSKI, without amendment

A BILL

To authorize expansion of Fort Davis National Historic Site

in Fort Davis, Texas.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. EXPANSION OF FORT DAVIS NATIONAL HIS4 TORIC SITE, FORT DAVIS, TEXAS.

5 The first section of the Act entitled ‘‘An Act authoriz6 ing the establishment of a national historic site at Fort
2

S 1990 RS

1 Davis, Jeff Davis County, Texas’’, approved September 8,

2 1961 (75 Stat. 488; 16 U.S.C. 461 note), is amended by

3 striking ‘‘not to exceed four hundred and sixty acres’’ and

4 inserting ‘‘not to exceed 476 acres’’.

Calendar No. 543

105TH CONGRESS

2D SESSION S. 1990

[Report No. 105–304]

A BILL

To authorize expansion of Fort Davis National

Historic Site in Fort Davis, Texas.

SEPTEMBER 8 (legislative day, AUGUST 31), 1998

Reported without amendment