alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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DOVEL & LUNER, LLP

Simon Franzini, Cal. Bar #287631*

simon@dovel.com

Gregory S. Dovel, Cal. Bar #135387*

greg@dovel.com

Jonas Jacobson, Cal. Bar #269912*

jonas@dovel.com

201 Santa Monica Blvd., Suite 600

Santa Monica, California 90401

Tel: (310) 656-7066

Fax: (310) 656-7069

(additional counsel listed on next page)

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

LORI WAKEFIELD, individually and 

on behalf of all others similarly 

situated, 

 Plaintiff,

 v.

VISALUS, INC.,

a Nevada corporation,

 Defendant.

No. 3:15-cv-01857

Plaintiff’s substantive evidence 

deposition designations

Case 3:15-cv-01857-SI Document 175 Filed 01/16/19 Page 1 of 4
EDELSON PC

Rafey S. Balabanian, ILB #6285687*

rbalabanian@edelson.com

Eve-Lynn J. Rapp, ILB #6300632*

erapp@edelson.com

Lily E. Hough, SBN #315277*

lhough@edelson.com

123 Townsend Street, Suite 100

San Francisco, California 94107

Tel: (415) 212-9300

Fax: (415) 373-9435

FORUM LAW GROUP

Scott F. Kocher, OSB #015088

Stephen J. Voorhees, OSB #150595

811 S.W. Naito Parkway, Suite 420

Portland, Oregon 97204

Tel/Fax: (503) 445-2120

* admitted pro hac vice

Attorneys for Plaintiff Wakefield and the Certified Class

Case 3:15-cv-01857-SI Document 175 Filed 01/16/19 Page 2 of 4
Plaintiff’s deposition designations 1

Ms. Wakefield and the Certified Class’ substantive evidence designations are 

attached as exhibits, as set forth in the following chart. 

Witness Exhibit

Justin Call 1

Scott Gidley (December 16, 2016) 2

Scott Gidley (December 16, 2017) 3

John Laun 4

Date: January 16, 2019 Respectfully submitted,

By: /s/ Simon Franzini

DOVEL & LUNER, LLP

Simon Franzini, Cal. Bar #287631*

simon@dovel.com

Gregory S. Dovel, Cal. Bar #135387*

greg@dovel.com

Jonas Jacobson, Cal. Bar #269912*

jonas@dovel.com

201 Santa Monica Blvd., Suite 600

Santa Monica, California 90401

Tel: (310) 656-7066

Fax: (310) 656-7069

EDELSON PC

Rafey S. Balabanian, ILB #6285687*

rbalabanian@edelson.com

Eve-Lynn J. Rapp, ILB #6300632*

erapp@edelson.com

Lily E. Hough, SBN #315277*

lhough@edelson.com

123 Townsend Street, Suite 100

San Francisco, California 94107

Tel: (415) 212-9300

Fax: (415) 373-9435

FORUM LAW GROUP

Scott F. Kocher, OSB #015088

Case 3:15-cv-01857-SI Document 175 Filed 01/16/19 Page 3 of 4
Plaintiff’s deposition designations 2

Stephen J. Voorhees, OSB #150595

811 S.W. Naito Parkway, Suite 420

Portland, Oregon 97204

Tel/Fax: (503) 445-2120

* admitted pro hac vice

Attorneys for Plaintiff Wakefield and the 

Certified Class

Case 3:15-cv-01857-SI Document 175 Filed 01/16/19 Page 4 of 4
#### UNITED STATES of America, Plaintiff-Appellee, v. Elias RIVERA-ALVAREZ, Defendant-Appellant.

No. 06-40278

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

May 17, 2007.

James Lee Turner, Assistant U.S. Attorney, Jeffery Alan Babcock, U.S. Attorney’s *484Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A. Meyers, Federal Public Defender, Philip G. Gallagher, Federal Public Defender’s Office, Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

PER CURIAM: *

This court previously affirmed the conviction and sentence of the Appellant, Elias Rivera-Alvarez (“Rivera”). *United States v. Rivera-Alvarez,*202 Fed.Appx. 830 (5th Cir.2006). The Supreme Court vacated and remanded the case for reconsideration in the light of *Lopez v. Gonzales,*- U.S. -, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006). *Ochoa-Perez v. United States,*— U.S. -, 127 S.Ct. 1263, 167 L.Ed.2d 66 (2007). Following the Supreme Court’s remand, we requested and received supplemental letter briefs from both parties with respect to the impact of *Lopez.*

In the light of *Lopez,*the district court erred by enhancing Rivera’s sentence based on his Texas conviction for possession of cocaine. Because Rivera has completed service of his term of imprisonment and was released by the Bureau of Prisons on August 31, 2006, any argument that the sentence of imprisonment should be reduced is moot and the only portion of the sentence remaining for consideration is Rivera’s term of supervised release.

However, as both parties noted in their supplemental letter briefs, Rivera presumably has been deported. In order to re-sentence him and reduce his term of supervised release, Federal Rule of Criminal Procedure 43 requires the defendant to be present and have the opportunity to allocute. Because Rivera has been deported and is legally unable, without permission of the Attorney General, to reenter the United States to be present for a resentencing proceeding, there is no relief we are able to grant Rivera and his appeal is moot. *See United States v. Rosenbaum-Alanis,*483 F.3d 381 (5th Cir.2007). Rivera asserts that *Rosenbaum-Alanis*was wrongly decided, and wishes to preserve the issue for further review. Nevertheless, for purposes of this appeal, it remains binding precedent. Accordingly, the appeal is

DISMISSED.

*

 Pursuant to 5th Cir. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
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Donna F Signa
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<TABLE> <S> <C>



<ARTICLE>      5

<S>                             <C>
<PERIOD-TYPE>                            12-MOS
<FISCAL-YEAR-END>                   MAR-31-1999
<PERIOD-START>                      MAR-31-1998
<PERIOD-END>                        MAR-31-1999
<CASH>                                        0
<SECURITIES>                                  0
<RECEIVABLES>                         3,651,055
<ALLOWANCES>                            225,000
<INVENTORY>                             648,524
<CURRENT-ASSETS>                      4,424,342
<PP&E>                                9,287,383
<DEPRECIATION>                        4,796,973
<TOTAL-ASSETS>                       11,272,886
<CURRENT-LIABILITIES>                10,477,102
<BONDS>                               2,465,257
<COMMON>                                      0
<PREFERRED-MANDATORY>                         0
<PREFERRED>                             463,673
<OTHER-SE>                           (7,776,213)
<TOTAL-LIABILITY-AND-EQUITY>         (7,312,540)
<SALES>                              17,863,466
<TOTAL-REVENUES>                     17,863,466
<CGS>                                13,337,690
<TOTAL-COSTS>                        12,450,695
<OTHER-EXPENSES>                        840,988
<LOSS-PROVISION>                         99,657
<INTEREST-EXPENSE>                            0
<INCOME-PRETAX>                      (8,765,907)
<INCOME-TAX>                                  0
<INCOME-CONTINUING>                  (8,765,907)
<DISCONTINUED>                                0
<EXTRAORDINARY>                               0
<CHANGES>                                     0
<NET-INCOME>                         (8,765,907)
<EPS-BASIC>                             (0.86)
<EPS-DILUTED>                             (0.86)



</TABLE>
---

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 Annual Report of mPhase Technologies, Inc., a New Jersey corporation (the "Company"), on Form 10K/A
(Amendment No.2) for the fiscal year ended June 30, 2010 as filed with the Securities and Exchange Commission (the "Report"), I, Ronald A. Durando, Chief Executive Officer of the Company certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350), that to his 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 ofthe Company.

/s/ Ronald A. Durando 
Ronald A. Durando 
Chief Executive Officer

November 15, 2010

---
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#### In the Matter of the Claim of Rose Rappaport, Respondent, v Cimex International et al., Appellants. Workers’ Compensation Board, Respondent.

— Weiss, J.

Claimant’s decedent, employed as a warehouse manager, sustained a compensable injury to his foot on December 29, 1977. Due to decedent’s underlying diabetic condition, his foot became infected, requiring hospitalization on January 5, 1978 and again on February 27, 1978. During the second hospitalization, claimant suffered a myocardial infarction precipitated by his diabetic condition. Decedent never returned to work and his disability continued until his death on June 15, 1982. While the employer and its carrier vigorously controverted the finding of causation before the Workers’ Compensation Board, they do not contest that issue on this appeal.

The sole issue presented is whether the Board erred in making an award for compensation benefits after decedent’s death. A review of the record shows that this case was extensively litigated and virtually all medical testimony had been taken prior to decedent’s death on June 15, 1982. On May 17, 1982, Dr. Robert Ulberg, an impartial specialist, was examined as the last medical witness. At the carrier’s request, however, the Hearing Officer scheduled a second hearing for July 30, 1982 to allow further examination of Dr. Ulberg, whose testimony supported the causation theory. At the time the second hearing was held, the participants were unaware that decedent had since passed away. Essentially, the employer and its carrier contend that since medical testimony was taken after June 15, 1982 and the Hearing Officer’s determination establishing causal relation was not rendered until October 18, 1982, decedent’s claim abated with his death. We disagree. Workers’ Compensation Law § 33 specifically authorizes an award for disability after the death of an *379injured employee *(see, Matter of Medress v Bond Clothes Co.,*107 AD2d 71, 72; *Matter of Riley v Syracuse Univ.,*56 AD2d 163, 165; Minkowitz, Practice Commentary, McKinney’s Cons Laws of NY, Book 64, Workers’ Compensation Law § 33, p 272 [1986 Supp]). It follows that where a claim is controverted, the case may be continued after the death of the employee to resolve the issues in controversy. This rule is particularly appropriate in the instant matter where, but for the carrier’s request for a second opportunity to examine Dr. Ulberg, the testimony would in all likelihood have been completed prior to decedent’s passing. Consequently, the claim did not abate at decedent’s death and the Board properly rendered the award. In so deciding, we note that the reliance by the employer and its carrier on cases involving claims for death benefits, which abate if the beneficiary dies prior to the making of an award *(see, e.g., Matter of Harris v Celbert Garage Corp.,*29 AD2d 606; *Matter of Brown v Central Coal Co.,*3 AD2d 867), is completely misplaced with respect to the instant claim for disability benefits.

Decision affirmed, with costs to the Workers’ Compensation Board. Mahoney, P. J., Kane, Weiss, Mikoll and Levine, JJ., concur.
# C_2006103EN.01002501.xml

| 29.4.2006 | EN | Official Journal of the European Union | C 103/25 |
| --- | --- | --- | --- |

29.4.2006

EN

Official Journal of the European Union

C 103/25

---

Publication of decisions by Member States to grant or revoke operating licenses pursuant to Article 13(4) of Council Regulation (EEC) No 2407/92 on licensing of air carriers (1)
   (2)

1

2

(2006/C 103/06)

(Text with EEA relevance)

GERMANY

Operating licences revoked

Category A:   Operating licences without the restriction of Article 5(7)(a) of Regulation (EEC) No 2407/92

| Name of air carrier | Address of air carrier | Permitted to carry | Decision effective since |
| --- | --- | --- | --- |
| Fischer-Flug GmbH | Hollerweg 7 |
| D-77654 Offenburg |

Name of air carrier

Address of air carrier

Permitted to carry

Decision effective since

Fischer-Flug GmbH

Hollerweg 7

D-77654 Offenburg

passengers, mail, cargo

10.2.2006

---

(1)  OJ L 240, 24.8.1992, p. 1.

1

(2)  Communicated to the European Commission before 31.8.2005.

2

---