alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### JERSEY CITY ASSOCIATION FOR SEPARATION OF CHURCH AND STATE, A NEW JERSEY CORPORATION, PLAINTIFF-APPELLANT, v. SETON HALL COLLEGE OF MEDICINE AND DENTISTRY, A NEW JERSEY CORPORATION, AND THE CITY OF JERSEY CITY, A MUNICIPAL CORPORATION, DEFENDANTS-RESPONDENTS.

Argued January 24, 1961

Decided February 6, 1961.

*173
      *Mr. Solomon Golat*argued the cause for plaintiff-appellant.

*Mr. James F. X. O’Brien*argued the cause for defendant-respondent Seton Hall College of Medicine and Dentistry.

*Mr. Meyer Pesin*argued the cause for defendant-respondent, The City of Jersey City *(Mr. Ezra L.*Nolan, Corporation Counsel, attorney; ilfr. *Meyer Pesin,*of counsel).

The opinion was delivered

Pee Cukiam.

Plaintiff, suing as a taxpayer, attacked a settlement agreement made between defendants. The settlement was an adjustment of the city’s claim for rent under a lease to the College and the College’s several cross-claims.

The complaint was filed on July 14, 1958. The city filed its answer on July 31, 1958, and the College on August 4, 1958. On January 21, 1960, defendants filed a motion for summary judgment on the ground that there was no genuine issue of fact. Plaintiff countered with a motion for summary judgment and for other relief. The motions were heard on February 8, 1960 and resulted in judgment for defendants. We certified the ensuing appeal on our motion before the Appellate Division considered it.

The affidavits in support of defendants’ motion are clearly sufficient to sustain the settlement agreement. In response, *174plaintiff merely cited some isolated circumstances which are at best vague and equivocal and do not adequately meet the showing made by the defendants.

In the nature of the case, plaintiff could hardly have hoped to prevail without resort to pretrial discovery. We do not know the scope of plaintiff’s efforts in that area, but whatever they were, they produced nothing of significance. The several dates set forth hereinabove reveal that the time opportunity was more than ample. We add also that plaintiff did not seek to cross-examine the persons whose affidavits supported defendants’ motion nor did plaintiff take or ask for the opportunity to take depositions for use on that motion. In short, despite the considerable passage of time and the opportunities we have mentioned to ferret out facts to support the allegations of the complaint, plaintiff relied upon factual assertions which were plainly inadequate. Under the circumstances, the trial court properly granted the motion of defendants.

The judgment is accordingly affirmed.

*For*affirmance-—Chief Justice Weintkaub, and Justices Jacobs, Francis, Proctor, Hall, Schettino and Haneman—-7.

*For*reversal—None.
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

RICHARD WILLIAM FISCHER 

Plaintiff, 

V. 

CAROLYN W. COLVIN, 

COMMISSIONER 

SOCIAL SECURITY ADMINISTRATION, 

Defendant. 

Aiken, Judge: 

Civ. No. 6:15-cv-00707-AA 

ORDER TO PAY 

SUPPLEMENTAL EAJA FEES 

Based on the stipulation of the patties, and pursuant to the Equal Access to Justice Act 

28 U.S.C. § 2412, $1,533. 60 is hereby awarded to Plaintiff as Supplemental EAJA 

fees, in addition to the previously ordered EAJA fees in the amount of$1 l,613.47, 

and the check for Supplemental EAJA fees shall be made payable to Nancy J. 

Meserow, based upon Plaintiffs assignment of these amounts to Plaintiffs attorney, 

after the satisfaction of Plaintiff's debts, if any, under Astrue v. Ratliff, 130 S. Ct. 2521 

(2010). 

Order to Pay Supp. EAJA fees 6:15 CV -00707-AA Page 1 

Case 6:15-cv-00707-AA Document 34 Filed 12/21/16 Page 1 of 2
Any check issued shall be mailed to Plaintiffs counsel, Nancy J. Meserow, at her 

office: 

Law Office of Nancy J. Meserow: 

7540 S.W. 5lst Ave. 

Portland, OR 

97219 

IT IS SO ORDERED. 

:JI '/\,,G DATED thiV-'-- day o~--, 2016. 

a~~C2J2e/v._/ Ann Aiken, 

United States District Court Judge 

Order to Pay Supp. EAJA fees 6:15 CV -00707-AA Page 2 

Case 6:15-cv-00707-AA Document 34 Filed 12/21/16 Page 2 of 2
## F IRST 

## D ISTRICT 

## C OURT OF 

## A PPEAL 

## S TATE OF 

## F LORIDA

_____________________________
No. 1D 18

- 2882

_____________________________
A NTWAN M ARCELL A BNEY , Appellant,

v.

S TATE OF F LORIDA , Appellee.

_____________________________

On appeal from the Circuit Court for Escambia County

. John L. Miller , Judge

. April 11, 2019

P ER C URIAM

.
A FFIRMED

.
R OWE , J AY , and M.K. T HOMAS , JJ., concur

.

_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331

.

_____________________________2 Andy Thomas, Public Defender, and Robin B. Rogers, Assistant Public Defender, Tallahassee
, for Appellant.

Ashley Moody, Attorney General, and Benjamin L. Hoffman, Assistant Attorney General, Tallahassee
, for Appellee.
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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PORTLAND DIVISION 

WILLIAM F. HOLDNER, D.B.A. Civ. No. 3:15-cv-2039-AC 

HOLDNER FARMS 

 Plaintiff, OPINION AND ORDER 

 v. 

 

KATY COBA, DIRECTOR OF OREGON 

DEPT. OF AGRICULTURE, IN HER 

INDIVIDUAL AND OFFICIAL CAPACITY; 

DICK PEDERSON, DIRECTOR OF THE 

OREGON DEPT. OF ENVIRONMENTAL 

QUALITY, IN HIS INDIVIDUAL AND 

OFFICIAL CAPACITY, 

 

 Defendants. 

_______________________________________ 

ACOSTA, Magistrate Judge: 

 Before the court is plaintiff’s motion (ECF No. 54) requesting review of this court’s 

Amended Opinion and Order (ECF No. 45) by a district court judge. Citing Federal Rule of 

Civil Procedure (“Rule”) 59, plaintiff contends that a district court judge must consider 

Case 3:15-cv-02039-AC Document 56 Filed 08/31/16 Page 1 of 2
objections to a magistrate judge’s recommendation.1

 Plaintiff alleges the Rule was adopted as a 

result of United States v. Abonce-Barrera, 257 F.3d 959 (9th Cir. 2001). 

Parties are entitled to review of a magistrate judge’s recommendation by a district court 

judge only in cases where there has not been full consent. Once full consent has been granted, 

28 U.S.C. § 636 controls.2

 Because full consent was granted by all parties in this case (ECF No. 

19), the proper route of appeal of the court’s order is to the Ninth Circuit. 

For these reasons, plaintiff’s motion (ECF No. 54) is DENIED. 

IT IS SO ORDERED. 

DATED this 31st day of August, 2016. 

 _/s/ John V. Acosta ________ 

 JOHN V. ACOSTA 

 United States Magistrate Judge 

 1

 Plaintiff appears to cite section (3) of this Rule, which does not exist in the text of Rule 

59. Rule 59 governs new trial motions, and motions to alter or amend a judgment. 

2

 28 U.S.C. § 636(c) provides, 

Upon the consent of the parties, a full-time United States magistrate judge or a part-time 

United States magistrate judge who serves as a full-time judicial officer may conduct any 

or all proceedings in a jury or nonjury civil matter and order the entry of judgment in the 

case, when specially designated to exercise such jurisdiction by the district court or courts 

he serves.

. . . 

Upon entry of judgment in any case referred under paragraph (1) of this subsection, an 

aggrieved party may appeal directly to the appropriate United States court of appeals 

from the judgment of the magistrate judge in the same manner as an appeal from any 

other judgment of a district court.

Id. at (1), (3). 

Case 3:15-cv-02039-AC Document 56 Filed 08/31/16 Page 2 of 2
# C_2006068EN.01001001.xml

| 21.3.2006 | EN | Official Journal of the European Union | C 68/10 |
| --- | --- | --- | --- |

21.3.2006

EN

Official Journal of the European Union

C 68/10

---

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 68/05)

(Text with EEA relevance)

AUSTRIA

Operating licences revoked

Category B:   Operating licences including 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 |
| --- | --- | --- | --- |
| Zenith Airways GmbH | Promenadenweg 8 |
| A-2522 Oberwaltersdorf |

Name of air carrier

Address of air carrier

Permitted to carry

Decision effective since

Zenith Airways GmbH

Promenadenweg 8

A-2522 Oberwaltersdorf

passengers, mail, cargo

16.2.2006

---

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

1

(2)  Communicated to the European Commission before 31.8.2005.

2

---
<PAGE>
EXHIBIT 21.1


                              LIST OF SUBSIDIARIES



      Holiday RV Superstores of South Carolina, Inc., a South Carolina
      corporation.

      Holiday RV Superstores West, Inc., a California corporation.

      Holiday RV Superstores of New Mexico, Inc., a New Mexico corporation.

      Holiday RV Assurance Service, Inc., an Arizona corporation.

      County Line Select Cars, Inc., a Florida corporation.

      Little Valley Auto and RV Sales, Inc., a West Virginia corporation.

      Hall Enterprises, Inc., a Kentucky corporation.

      Recreation USA Insurance Corporation, a Florida corporation.

      Holiday RV Rental/Leasing, Inc., a Florida corporation.

      Holiday RV Superstores of Nevada, a Nevada corporation.
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

 Respondent

 v.

JASON ALEXANDER LOHR,

 Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 25 WAL 2015

Petition for Allowance of Appeal from the

Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 12th day of August, 2015, the Petition for Allowance of Appeal is

DENIED.
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JUDGMENT

Court of Appeals 

 

First District of Texas 

NO. 01-14-00696-CV

REBECCA HAAS, Appellant

V.

ELLIOTT CIN, Appellee

Appeal from the 113th District Court of Harris County. (Tr. Ct. No. 2013-76341).

After due consideration, the Court grants appellee Elliott Cin’s motion to dismiss 

the appeal. Accordingly, the Court dismisses the appeal.

The Court orders that this decision be certified below for observance.

Judgment rendered February 3, 2015.

Per curiam opinion delivered by panel consisting of Justices Jennings, Massengale, and 

Lloyd.y
M A N D A T E

TO THE 261ST DISTRICT COURT of TRAVIS COUNTY, GREETINGS:

Before our Court of Appeals for the Thirteenth District of Texas, on the 26th day of

February, 2015, the cause upon appeal to revise or reverse your judgment between

USA WALNUT CREEK, DST, Appellant,

v.

TERRACON CONSULTANTS, INC.

F/K/A HBC ENGINEERING, INC., Appellee.

CAUSE NO. 13-13-00194-CV (Tr.Ct.No. D-1-GN-13-000656)

was determined; and therein our said Court made its order in these words:

THE THIRTEENTH COURT OF APPEALS, having considered this cause on

appeal, concludes the judgment of the trial court should be REVERSED and the cause

REMANDED to the trial court. The Court orders the judgment of the trial court

REVERSED and REMANDED for further proceedings consistent with its opinion. Costs

of the appeal are adjudged against appellee.

We further order this decision certified below for observance.

      

WHEREFORE, WE COMMAND YOU to observe the order of our said Court of Appeals

for the Thirteenth District of Texas, in this behalf, and in all things have it duly

recognized, obeyed and executed.

WITNESS, the Hon. Rogelio Valdez, Chief Justice of our Court of Appeals, with the seal

thereof affixed, at the City of Edinburg, Texas this 17th day of August, 2015.

Cecile Foy Gsanger, CLERK

FILE COPY
#### VUZZO, Appellant, v. BROOKLYN HEIGHTS R. CO., Respondent.

(City Court of Brooklyn, General Term.

December 23. 1895.)

Action by Vincerzo Vuzzo against the Brooklyn Heights Railroad Company.

Alfred G. Cowan, for appellant.

Morris & Whitehouse, for respondent.

PER CURIAM.

We have carefully read the record in this case, and conclude that the complaint was properly dismissed on the ground that the plaintiff himself was careless and negligent. Motion for reargument denied, without costs.
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<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>

       This schedule contains summary financial  information  extracted from Pen
       Interconnect,   Inc.  June  30,  1999  financial  statements  and  is
       qualified in its entirety by reference to such financial statements.

</LEGEND>

<CIK>                         0001000266
<NAME>                        Pen Interconnect, Inc.


<S>                             <C>
<PERIOD-TYPE>                  9-MOS

<FISCAL-YEAR-END>                              SEP-30-1999
<PERIOD-END>                                   JUN-30-1999

<CASH>                                         26,478
<SECURITIES>                                   0
<RECEIVABLES>                                  4,664,537
<ALLOWANCES>                                   (67,434)
<INVENTORY>                                    4,583,076
<CURRENT-ASSETS>                               9,593,785
<PP&E>                                         1,736,443
<DEPRECIATION>                                 (219,854)
<TOTAL-ASSETS>                                 14,320,278
<CURRENT-LIABILITIES>                          8,519,430
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    28
<COMMON>                                       79,761
<OTHER-SE>                                     4,743,811
<TOTAL-LIABILITY-AND-EQUITY>                   14,320,278
<SALES>                                        12,684,442
<TOTAL-REVENUES>                               12,684,442
<CGS>                                          11,221,572
<TOTAL-COSTS>                                  11,221,572
<OTHER-EXPENSES>                               3,310,049
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             482,722
<INCOME-PRETAX>                                (4,359,996)
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                            (4,359,996)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (4,359,996)
<EPS-BASIC>                                  (.78)
<EPS-DILUTED>                                  (.78)



</TABLE>
<PAGE>

                                                                    Exhibit 99.2

                            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 Annual Report of ATS Medical, Inc. (the "Company") on
Form 10-K for the period ended December 31, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Michael D. Dale,
Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section
1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,
that, to the best of my 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.

                  A signed original of this written statement required by
                  Section 906 has been provided to the Company and will be
                  retained by the Company and furnished to the Securities and
                  Exchange Commission or its staff upon request.

                                       /s/ Michael D. Dale
                                       ----------------------------------------
                                       Michael D. Dale
                                       Chief Executive Officer
                                       March 26, 2003