alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1 – OPINION AND ORDER 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

PORTLAND DIVISION 

DOUGLAS ARTHUR IVERS, 

No. 3:15-cv-02101-PK

Plaintiff,

OPINION AND ORDER

v. 

UNITED STATES DEPARTMENT 

OF JUSTICE; FEDERAL BUREAU 

OF ALCOHOL, TOBACCO, 

FIREARMS and EXPLOSIVES; and 

FEDERAL BUREAU OF 

INVESTIGATION, 

Defendants. 

MOSMAN, J., 

On January 5, 2016, Magistrate Judge Papak issued his Findings and Recommendation 

(F&R) [15], recommending that Plaintiff’s Complaint [1] be dismissed sua sponte. Judge Papak 

recommended that any and all claims related to Defendants’ alleged implantation and operation 

of a neurological device in Plaintiff’s body should be dismissed with prejudice, while Plaintiff’s 

remaining claims should be dismissed without prejudice, allowing Plaintiff leave to amend his 

Complaint within thirty days from this Order to assert those claims against the proper 

defendants. Judge Papak also recommended that Plaintiff’s Motion for Injunctive Relief [7] 

should be denied as moot. No objections to the Findings and Recommendation were filed. 

Case 3:15-cv-02101-PK Document 18 Filed 02/02/16 Page 1 of 2
2 – OPINION AND ORDER 

DISCUSSION 

The magistrate judge makes only recommendations to the court, to which any party may 

file written objections. The court is not bound by the recommendations of the magistrate judge, 

but retains responsibility for making the final determination. The court is generally required to 

make a de novo determination regarding those portions of the report or specified findings or 

recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court 

is not required to review, de novo or under any other standard, the factual or legal conclusions of 

the magistrate judge as to those portions of the F&R to which no objections are addressed. See 

Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 

(9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R 

depends on whether or not objections have been filed, in either case, I am free to accept, reject, 

or modify any part of the F&R. 28 U.S.C. § 636(b)(1)(C). 

Upon review, I agree with Judge Papak’s recommendation and I ADOPT the F&R [15] 

as my own opinion. Plaintiff’s Complaint [1] is DISMISSED and all claims related to 

Defendants’ alleged implantation and operation of a neurological device in Plaintiff’s body are 

dismissed with prejudice. Plaintiff’s remaining claims are dismissed without prejudice, and 

Plaintiff is allowed leave to amend his Complaint within thirty days from this Order to assert 

those claims against the proper defendants. Plaintiff’s Motion for Injunctive Relief [7] is 

DENIED as moot. 

IT IS SO ORDERED. 

DATED this day of February, 2016. 

_____________________

MICHAEL W. MOSMAN

United States District Chief Judge 

2nd

/s/ Michael W. Mosman

Case 3:15-cv-02101-PK Document 18 Filed 02/02/16 Page 2 of 2
#### Debra Fields, Individually and as Parent and Natural Guardian of Ullette Fields, et al., Respondents, v Green Bus Lines, Inc., Defendant, and Daniel Rizzo, Jr., Appellant.

*641Special Term properly denied the appellant’s motion for summary judgment dismissing the complaint as against him on the ground that the infant plaintiff had not sustained a "serious injury” within the meaning of Insurance Law former § 671 (4) (now § 5102 [d]).

The medical report of the infant plaintiff’s treating physician found, *inter alia,*"severe tenderness over the [right] iliac crest” and diagnosed her injuries as "multiple traumas including the [right] pelvis and [right] knee”.

Further, in an examination one year after the accident, while the defendant Green Bus Lines, Inc.’s physician concluded that the infant plaintiff had "[n]o current orthopedic diagnosis or disability”, and remarked that the patient had "innumerable complaints which are not replicable”, he nevertheless identified a significant limitation of movement of the thoracolumbar spine. Whether this limitation of movement is voluntary or the result of a medical condition causally connected with the injuries sustained in the accident cannot be ascertained without further medical explanation or clarification of the latter physician’s medical report *(see, Mulhauser v Wood,*107 AD2d 1019; *cf. Scollo v Martin,*112 AD2d 762). Bracken, J. P., Brown, Weinstein and Rubin, JJ., concur.
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 July 31, 2004 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 presents, in all material respects, the financial condition and results of operations of the Company as of July 31, 2004, and for the period then ended.



|                         |  |                                                                          
|------------------------ |  | -------------------------------------------------------------------------
|Date: September 10, 2004 |  | /s/ Neil D. Wilkin, Jr.                                                  
|                         |  | Neil D. Wilkin, Jr.                                                      
|                         |  | Chairman of the Board of Directors, President and Chief Executive Officer
Exhibit 10.12

                                 PROMISSORY NOTE


Principal Amount: $976,371.38                  Final Payment Due: June 30, 2006

     FOR  VALUE  RECEIVED,   Champion  Trailer,  Inc.,  an  Indiana  corporation
("Maker"),  promises to pay to the order of Obsidian  Capital  Partners,  LP, an
Indiana limited partnership ("Payee"), on or before June 30, 2006, the principal
sum of Nine Hundred  Seventy-Six  Thousand Three Hundred Seventy One Dollars and
Thirty Eight Cents ($976,371.38),  with interest on the unpaid principal balance
from and after June 11, 2001 at the rate of eight  percent  (8%) per annum prior
to default,  and at the rate of twelve  percent  (12%) per annum after  default,
together with attorney's fees and costs of collection.

     All or a portion of the  unpaid  balance of this Note may be prepaid at any
time.

     Payment  of this Note is to be made at 111  Monument  Circle,  Suite  3680,
Indianapolis, Indiana 46204, or at such other place as the Payee shall designate
in writing, in lawful money of the United States of America.

     In the event of any  default in the  payment  of any amount  when due under
this Note,  the entire unpaid  balance of principal and interest  shall,  at the
election  of the holder  hereof,  become  immediately  due and  payable  without
notice.

     The Maker and endorser(s) jointly and severally waive demand,  presentment,
protest,  notice of protest and notice of  nonpayment  or dishonor of this Note,
and each of them consents to extensions of time of payment of this Note.

     No delay or  omission on the part of the holder  hereof in the  exercise of
any right or remedy shall operate as a waiver thereof,  and no single or partial
exercise by the holder  hereof of any right or remedy  shall  preclude  other or
further exercise thereof or of any other right or remedy.

     IN WITNESS  WHEREOF,  this Note has been made and delivered  effective June
11, 2001.

                                  Champion Trailer,Inc.

                                  By:
                                  Timothy S. Durham, Chairman
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1864 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 1864

  To amend title XVIII of the Social Security Act to exclude clinical 
social worker services from coverage under the medicare skilled nursing 
                  facility prospective payment system.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 26, 1998

 Ms. Mikulski (for herself, Mrs. Murray, and Mr. Wyden) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL

 
  To amend title XVIII of the Social Security Act to exclude clinical 
social worker services from coverage under the medicare skilled nursing 
                  facility prospective payment system.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Social Work Equity Act of 
1998''.

SEC. 2. EXCLUDING CLINICAL SOCIAL WORKER SERVICES FROM COVERAGE UNDER 
              THE MEDICARE SKILLED NURSING FACILITY PROSPECTIVE PAYMENT 
              SYSTEM.

    (a) In General.--Section 1888(e)(2)(A)(ii) of the Social Security 
Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) (as added by section 4432(a) of the 
Balanced Budget Act of 1997) is amended by inserting ``clinical social 
worker services,'' after ``qualified psychologist services,''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply as if included in the enactment of section 4432(a) of the 
Balanced Budget Act of 1997.
                                 <all>
```
<TABLE> <S> <C>

<ARTICLE>                          5
<CIK>                              0000833526     
<NAME>                             GEODYNE ENERGY INCOME LTD PARTNERSHIP II-D
                                    
<S>                                <C>
<PERIOD-TYPE>                      12-MOS
<FISCAL-YEAR-END>                  DEC-31-1998
<PERIOD-START>                     JAN-01-1998
<PERIOD-END>                       DEC-31-1998
<CASH>                                   311,556
<SECURITIES>                                   0
<RECEIVABLES>                            342,433
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                         653,989
<PP&E>                                16,994,856
<DEPRECIATION>                        14,268,143
<TOTAL-ASSETS>                         3,994,909
<CURRENT-LIABILITIES>                    217,582
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       0
<OTHER-SE>                             3,571,112
<TOTAL-LIABILITY-AND-EQUITY>           3,994,909
<SALES>                                2,411,051
<TOTAL-REVENUES>                       6,007,634
<CGS>                                          0
<TOTAL-COSTS>                          1,839,637
<OTHER-EXPENSES>                               0
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             0
<INCOME-PRETAX>                        4,167,997
<INCOME-TAX>                                   0
<INCOME-CONTINUING>                    4,167,997
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                           4,167,997
<EPS-PRIMARY>                              12.52
<EPS-DILUTED>                                  0
        
 

</TABLE>
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7544

JACKIE MCMULLEN, Petitioner - Appellant, versus BUREAU OF PRISONS, Respondent - Appellee. Appeal from the United States District Court for the Northern District of West Virginia, at Clarksburg. William M. Kidd, Senior District Judge. (CA-98-118-1) Submitted: April 15, 1999 Decided: April 21, 1999 Before NIEMEYER and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Jackie McMullen, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Jackie McMullen appeals the district court’s order denying relief on his 28 U.S.C. § 2241 (1994) petition. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. See McMullen v. Bureau of Prisons , No. CA-98-118-1 (N.D.W. Va. Sept. 21, 1998); see also Pelissero v. Thompson , ___ F.3d ___, 1999 WL 133112 (4th Cir. Mar. 12, 1999) (No. 97-6156). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
Exhibit 99.1






                                WRITTEN STATEMENT
                                       OF
               CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER



         In  connection   with  the  Annual  Report  of  Technology   Flavors  &
Fragrances,  Inc. (the "Company") on Form 10-QSB for the quarter ended March 31,
2005, as filed with the  Securities  and Exchange  Commission on the date hereof
(the  "Report"),  I, Philip  Rosner,  Chairman and Chief  Executive  Officer and
Joseph A. Gemmo,  Vice President and Chief Financial  Officer,  certify,  to the
best of our knowledge,  pursuant to 18 U.S.C.  Section 1350, as adopted pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002:

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

2.         The  information  contained  in the Report  fairly  presents,  in all
           material respects,  the financial condition and results of operations
           of the Company.




Dated:  May 9, 2005      /s/   Philip Rosner
                         -------------------------------------------------
                                  Philip Rosner
                                  Chairman and Chief Executive Officer




Dated:  May 9, 2005      /s/   Joseph A. Gemmo
                         --------------------------------------------------
                                  Joseph A. Gemmo
                                  Vice President and Chief Financial Officer
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NOTE: This order is nonprecedential. 

Wniteb ~tate~ <!Court of §ppeaI~ 

for tbe jfeberal <!Cirroit 

TASHIEK TERESSA HAWKINS, 

Petitioner, 

v. 

DEPARTMENT OF JUSTICE, 

Respondent. 

2011-3013 

Petition for review of the Merit Systems Protection 

Board in case no. DC0752100663-I-1. 

ON MOTION 

ORDER 

Tashiek Teressa Hawkins moves for leave to proceed in 

forma pauperis. 

Upon consideration thereof, 

IT Is ORDERED THAT: 

The motion is granted. 
HAWKINS V. JUSTICE 

NOV 242010 

Date 

cc: Tashiek Teressa Hawkins 

Cameron Cohick, Esq. 

s21 

FOR THE COURT 

/s/ Jan Horbaly 

Jan Horbaly 

Clerk 

2 

FILED 

u.s. COURT OF APPEALS FOR 

THE FEDERAL CIRCUIT 

NOV 24 2010 

JAN HORBALY 

CLERK
Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Small Business Administration [Disaster Declaration #17087 and #17088; Montana Disaster Number MT-00143]
 AGENCY: U.S. Small Business Administration.
 SUMMARY: This is a Notice of the Presidential declaration of a major disaster for Public Assistance Only for the State of Montana (FEMA-4608-DR), dated 08/13/2021.
 ACTION: Notice. *Incident:*
                     Straight-line Winds. *Incident Period:*
                     06/10/2021.
 DATES: Issued on 08/13/2021. *Physical Loan Application Deadline Date:*
                         10/12/2021. *Economic Injury (EIDL) Loan Application Deadline Date:*
                         05/13/2022.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW, Suite 6050, Washington, DC 20416, (202) 205-6734.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the President's major disaster declaration on 08/13/2021, Private Non-Profit organizations that provide essential services of a governmental nature may file disaster loan applications at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:*
                    Dawson, Garfield, Mccone, Richland, Roosevelt. The Interest Rates are: Percent*For Physical Damage:*Non-Profit Organizations with Credit Available Elsewhere
2.000Non-Profit Organizations without Credit Available Elsewhere
2.000*For Economic Injury:*( print page 46897)Non-Profit Organizations without Credit Available Elsewhere
2.000
 The number assigned to this disaster for physical damage is 17087 B and for economic injury is 17088 0. (Catalog of Federal Domestic Assistance Number 59008) James Rivera, Associate Administrator for Disaster Assistance.


[FR Doc. 2021-17871 Filed 8-19-21; 8:45 am] BILLING CODE 8026-03-P
#### Courageous Syndicate, Inc., et al., Respondents, v People-to-People Sports Committee, Inc., et al., Appellants, et al., Intervenor-Defendant.

Pursuant to a written agreement, the appellants have been collecting money donated to support the plaintiffs’ preparations to compete in the 1987 America’s Cup Yacht Race and have been depositing the funds in the plaintiffs’ account. The appellants are refusing to release the funds to the plaintiffs, claiming that they are entitled to retain them as a setoff due to the plaintiffs’ alleged breaches of the agreement. We agree with Special Term that the plaintiffs have presented sufficient facts to justify the granting of a preliminary injunction, that is, they have demonstrated a likelihood of success on the merits, the threat of irreparable injury if the requested relief is not granted, and that the equities are balanced in their favor *(see, Albini v Solork Assoc.,*37 AD2d 835; CPLR 6301). Thompson, J. P., Bracken, Lawrence and Eiber, JJ., concur.
II

105TH CONGRESS

1ST SESSION S. 178

To amend the Social Security Act to clarify that the reasonable efforts

requirement includes consideration of the health and safety of the child.

IN THE SENATE OF THE UNITED STATES

JANUARY 21, 1997

Mr. DEWINE introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To amend the Social Security Act to clarify that the reasonable efforts requirement includes consideration of the

health and safety of the child.

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

3 SECTION 1. CLARIFICATION OF REASONABLE EFFORTS RE4 QUIREMENT BEFORE PLACEMENT IN FOSTER

5 CARE.

6 (a) IN GENERAL.—Section 471(a)(15) of the Social

7 Security Act (42 U.S.C. 671(a)(15)) is amended to read

8 as follows:

9 ‘‘(15) provides that, in each case—

10 ‘‘(A) reasonable efforts will be made—
2

•S 178 IS

1 ‘‘(i) prior to the placement of the

2 child in foster care, to prevent or eliminate

3 the need for removing the child from the

4 child’s home; and

5 ‘‘(ii) to make it possible for the child

6 to return home; and

7 ‘‘(B) in determining reasonable efforts, the

8 best interests of the child, including the child’s

9 health and safety, shall be of primary con10 cern;’’.

11 (b) EFFECTIVE DATE.—

12 (1) IN GENERAL.—Except as provided in para13 graph (2), the amendment made by subsection (a)

14 shall be effective on the date of enactment of this

15 Act.

16 (2) EXCEPTION.—In the case of a State plan

17 for foster care and adoption assistance under part E

18 of title IV of the Social Security Act which the Sec19 retary of Health and Human Services determines re20 quires State legislation (other than legislation appro21 priating funds) in order for the plan to meet the ad22 ditional requirement imposed by the amendment

23 made by subsection (a), such plan shall not be re24 garded as failing to comply with the requirements of

25 such title solely on the basis of its failure to meet
3

•S 178 IS

1 this additional requirement before the first day of

2 the first calendar quarter beginning after the close

3 of the first regular session of the State legislature

4 that begins after the date of enactment of this Act.

5 For purposes of the previous sentence, in the case

6 of a State that has a 2-year legislative session, each

7 year of such session shall be deemed to be a sepa8 rate regular session of the State legislature.

Æ