alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# EUR-Lex - 52006AP0410 - EN

Important legal notice

*|*

# 52006AP0410

**European Parliament legislative resolution on the initiative by the Republic of Austria with a view to the adoption of a Council Act amending Europol's Staff Regulations (5428/2006 - C6-0073/2006 - 2006/0804(CNS)) **

*
Official Journal 308 E , 16/12/2006 P. 0091 - 0092 *

P6_TA(2006)0410

Europol's Staff Regulations *

European Parliament legislative resolution on the initiative by the Republic of Austria with a view to the adoption of a Council Act amending Europol's Staff Regulations (5428/2006 — C6-0073/2006 — 2006/0804(CNS))

(Consultation procedure)

The European Parliament,

- having regard to the initiative by the Republic of Austria (5428/2006) [1],

- having regard to Article 44 of the Council Act of 3 December 1998 laying down the staff regulations applicable to Europol employees (hereinafter referred to as the "staff regulations"),

- having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0073/2006),

- having regard to the Commission Communication to the European Parliament and the Council — Democratic Control over Europol (COM(2002)0095),

- having regard to its recommendation to the Council of 30 May 2002 on the future development of Europol and its automatic incorporation into the institutional system of the European Union [2],

- having regard to its recommendation to the Council of 10 April 2003 on the future development of Europol [3],

- having regard to its position of 7 July 2005 on the initiative by the Grand Duchy of Luxembourg with a view to adopting a Council decision adjusting the basic salaries and allowances applicable to Europol staff [4],

- having regard to Rules 93 and 51 of its Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0279/2006),

A. whereas Parliament has not been consulted on, or informed of, any of the operational and organisational measures concerning Europol or Europol's current activities and future programmes in response to the needs of the EU and the Member States; whereas this lack of information makes it impossible for Parliament to assess the relevance and adequacy of the proposed decision; whereas the conversion of Europol into an EU agency is urgently necessary in order to improve transparency and supervision and by blocking progress in this regard, the Council is failing to shoulder its responsibilities;

1. Rejects the initiative by the Republic of Austria;

2. Calls on the Republic of Austria to withdraw its initiative;

3. Instructs its President to forward its position to the Council and Commission, and the government of the Republic of Austria.

[1] Not yet published in OJ.

[2] OJ C 187 E, 7.8.2003, p. 144.

[3] OJ C 64 E, 12.3.2004, p. 588.

[4] OJ C 157 E, 6.7.2006, p. 450.

--------------------------------------------------
U.S. Department of the Interior

U.S. Geological Survey

Place, time, and consciousness in 

the implementation of science 

and adaptive management

Lucas Bair, U.S. Geological Survey, Grand Canyon Monitoring and Research Center

Emily Palmquist, U.S. Geological Survey, Grand Canyon Monitoring and Research Center

Charles Yackulic, U.S. Geological Survey, Grand Canyon Monitoring and Research Center

Glen Canyon Dam Adaptive Management Program, Annual Reporting Meeting, 

January 21, 2021 

U. S. Department of Interior

U.S. Geological Survey Photo Credit: Peter Bungart
2
3

~1.8

~1.5

~2.1
4
E. C. La Rue

09/30/1923

Stake 701

RM 215.95 L 

A. H. Fairley

05/17/2017

5
Top 6 Photos Credit: E. Palmquist

Photo Credit: Freshwaters Illustrated/ US Geological 

Survey

Photo Credit: Freshwaters Illustrated/ US Geological 

Survey

Photo Credit: Freshwaters Illustrated/ US Geological 

Survey

6
7

Photo Credit: Peter Bungart
8
9

Photo Credit: Peter Bungart
<TABLE> <S> <C>

<ARTICLE> 9
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               DEC-31-1995
<CASH>                                      27,888,000
<INT-BEARING-DEPOSITS>                       4,848,000
<FED-FUNDS-SOLD>                             6,500,000
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                333,244,000
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                                 0
<LOANS>                                    548,055,000
<ALLOWANCE>                                  5,585,000
<TOTAL-ASSETS>                             954,454,000
<DEPOSITS>                                 800,164,000
<SHORT-TERM>                                36,872,000
<LIABILITIES-OTHER>                         11,934,000
<LONG-TERM>                                 11,588,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    16,697,000
<OTHER-SE>                                  77,199,000
<TOTAL-LIABILITIES-AND-EQUITY>             954,454,000
<INTEREST-LOAN>                             45,379,000
<INTEREST-INVEST>                           18,192,000
<INTEREST-OTHER>                               831,000
<INTEREST-TOTAL>                            64,402,000
<INTEREST-DEPOSIT>                          28,397,000
<INTEREST-EXPENSE>                          31,381,000
<INTEREST-INCOME-NET>                       33,021,000
<LOAN-LOSSES>                                  799,000
<SECURITIES-GAINS>                           3,637,000
<EXPENSE-OTHER>                             27,925,000
<INCOME-PRETAX>                             14,242,000
<INCOME-PRE-EXTRAORDINARY>                  10,767,000
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
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<EPS-PRIMARY>                                     3.62
<EPS-DILUTED>                                     3.62
<YIELD-ACTUAL>                                     7.7
<LOANS-NON>                                  3,773,000
<LOANS-PAST>                                   381,000
<LOANS-TROUBLED>                               505,000
<LOANS-PROBLEM>                              1,640,000
<ALLOWANCE-OPEN>                             6,050,000
<CHARGE-OFFS>                                1,449,000
<RECOVERIES>                                   185,000
<ALLOWANCE-CLOSE>                            5,585,000
<ALLOWANCE-DOMESTIC>                         5,585,000
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
**Exhibit        32.2 -**
**Certification        of Principal Financial Officer**

**CERTIFICATION        IN ACCORDANCE WITH**

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

**AS        ADOPTED BY**

**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 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. |
|--------|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| /s/                  Jennifer S. LeBlanc               |
|--------------------------------------------------------|
| Jennifer                  S. LeBlanc                   |
| Chief                  Financial Officer and Secretary |
| Date:                  February 14, 2008               |

----
##### 



Exhibit 23
 Consent of Independent Registered Public Accounting Firm
 
   
    
    A lack of an appropriate and comprehensive review of the
accounting fixed-price customer contracts accounted for under the
percentage-of-completion method. Specifically, there was not an
effective review of the performance status of fixed-price
contracts by personnel with sufficient knowledge of the related
project to determine the appropriate percentage-of-completion to
be applied in recording revenues.
    
    A lack of adequate policies and procedures to identify the
terms and conditions of customer contracts that impact the
accounting for such contracts and a lack of oversight and review of
the accounting for such
contracts to ensure that such contracts are accounted for in accordance with generally accepted
accounting principles.
  ,
#### UNITED STATES of America, Plaintiff-Appellee, v. James Lee HUMPHREY, Defendant-Appellant.

No. 06-30361.

United States Court of Appeals, Ninth Circuit.

Submitted April 16, 2007.*

Filed April 20, 2007.

Ed Zink, USBI—Office of the U.S. Attorney, Billings, MT, for Plaintiff-Appellee.

David A. Merchant, II, Esq., FDMT— Federal Defenders of Montana, Billings, MT, for Defendant-Appellant.

Before: O’SCANNLAIN, CLIFTON, and BEA, Circuit Judges.

*

 This panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

James Lee Humphrey appeals from his guilty-plea conviction and 46-month sentence for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922(g)(1). Pursuant to *Anders v. California,*386 U.S. 738, 87 S.Ct. 1396, 18 *786L.Ed.2d 493 (1967), Humphrey’s counsel has filed a brief stating that he finds no meritorious issues for review, along with a motion to withdraw as counsel of record. No pro se supplemental brief or answering brief has been filed.

Our examination of the brief and our independent review of the record pursuant to *Penson v. Ohio,*488 U.S. 75, 83-84, 109 S.Ct. 346, 102 L.Ed.2d 300 (1988), disclose no arguable issues for review on direct appeal.

Accordingly, counsel’s motion to withdraw is GRANTED, and the district court’s judgment is AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

DAVID SMITH, No. 3:16-cv-00412-JE

Plaintiff, 

v.

PROVINCE OF THE HOLY NAME, a ORDER

California not-for-profit corporation; and

HOLY ROSARY CHURCH, OF PORTLAND,

OREGON, an Oregon not-for-profit

corporation, 

Defendants. 

HERNANDEZ, District Judge:

Magistrate Judge Jelderks issued a Findings & Recommendation (#19) on May 26, 2016, 

in which he recommends the Court grant Plaintiff's motion to remand, deny Plaintiff's request for

fees and costs, and deny Defendants' motion to dismiss as moot. Plaintiff and Defendants have

timely filed objections to the Findings & Recommendation. The matter is now before me

pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). 

1 - ORDER

Case 3:16-cv-00412-JE Document 21 Filed 07/28/16 Page 1 of 2
When any 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).

I have carefully considered Plaintiff's and Defendants' objections and conclude there is

no basis to modify the Findings & Recommendation. I have also reviewed the pertinent portions

of the record de novo and find no other errors in the Magistrate Judge's Findings &

Recommendation. 

CONCLUSION

The Court ADOPTS Magistrate Judge Jelderks's Findings & Recommendation [15], and

therefore, Plaintiff's motion to remand [6] is granted, Plaintiff's motion for attorney's fees and

costs [6-2] is denied, and Defendants' motion to dismiss [3] is denied as moot.

IT IS SO ORDERED.

DATED this day of , 2016. 

 

MARCO A. HERNANDEZ

United States District Judge

2 - ORDER

Case 3:16-cv-00412-JE Document 21 Filed 07/28/16 Page 2 of 2
Exhibit 32.2



Certification of Chief Financial Officer of

Sunterra Corporation

Pursuant to 18 U.S.C. Section 1350

(Adopted by Section 906 of the Sarbanes-Oxley Act of 2002)



The undersigned Chief Financial Officer of Sunterra Corporation (Sunterra) hereby certifies that:



1. Sunterras Annual Report on Form 10-K for the period ended December
31, 2003, to which this certification is attached as an exhibit (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 Sunterra.



/s/    STEVEN E. WESTSteven E. West Chief Financial Officer


March 15, 2004
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AS OF DECEMBER 31, 1997 AND THE CONSOLIDATED
STATEMENT OF OPERATIONS FOR THE SIX MONTHS ENDED 31, 1997 AND IS QUALIFIED IN
ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1998
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                              69
<SECURITIES>                                         0
<RECEIVABLES>                                      195
<ALLOWANCES>                                        35
<INVENTORY>                                         85
<CURRENT-ASSETS>                                   522
<PP&E>                                           1,326
<DEPRECIATION>                                     570
<TOTAL-ASSETS>                                   1,593
<CURRENT-LIABILITIES>                            1,879
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             3
<OTHER-SE>                                       (289)
<TOTAL-LIABILITY-AND-EQUITY>                     1,593
<SALES>                                            394
<TOTAL-REVENUES>                                   394
<CGS>                                              304
<TOTAL-COSTS>                                      304
<OTHER-EXPENSES>                                 1,696
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 277
<INCOME-PRETAX>                                (1,883)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,883)
<EPS-PRIMARY>                                   (0.64)
<EPS-DILUTED>                                   (0.64)
        

</TABLE>
<TABLE> <S> <C>

<ARTICLE>                                   5
       
<S>                                   <C>
<PERIOD-TYPE>                                    9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-START>                             JAN-01-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                         138,926
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             8,087,637
<PP&E>                                          17,977
<DEPRECIATION>                                     388
<TOTAL-ASSETS>                               8,105,506
<CURRENT-LIABILITIES>                        1,686,387
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         5,114
<OTHER-SE>                                   4,471,869
<TOTAL-LIABILITY-AND-EQUITY>                 8,105,506
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               188,291
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              51,882
<INCOME-PRETAX>                               (307,012)
<INCOME-TAX>                                  (115,831)
<INCOME-CONTINUING>                           (191,181)
<DISCONTINUED>                                  71,045
<EXTRAORDINARY>                                361,570
<CHANGES>                                            0
<NET-INCOME>                                 5,718,446
<EPS-PRIMARY>                                    1.128
<EPS-DILUTED>                                    1.128
        

</TABLE>
Consent of Independent Registered Public Accounting Firm
  The Board of Directors and Stockholders of Integrated BioPharma, Inc.:
  We hereby consent to the incorporation by reference in the Registration Statements on Form S-3 (Nos. 333-121601, 333-144155 and 333-149855) of Integrated BioPharma, Inc., of our report dated October 12, 2009, relating to the consolidated financial statements as of June 30, 2009 and for the fiscal year then ended, which is included in this Form 10-K filing, which report expresses an unqualified opinion and  includes an explanatory paragraph relating to the ability of Integrated BioPharma, Inc. to continue as a going concern.
  
  /s/ Amper, Politziner & Mattia, LLP
 
 Edison, New Jersey
 September 27, 2010
#### In the Matter of Robert Martirano, Appellant, v Salvatore Cassano et al., Respondents.

[946 NYS2d 253]

In a proceeding pursuant to CPLR article 78 to review a determination of the respondent Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, dated November 25, 2009, which denied the petitioner’s application for accident disability retirement benefits, the petitioner appeals from a judgment of the Supreme Court, Kings County (Bunyan, J.), dated January 9, 2011, which denied the petition and dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

The issue of whether a firefighter is disabled is determined by the Medical Board of the New York City Fire Department, Article 1-B Pension Fund (hereinafter the Medical Board), and its “determination ... is conclusive if it is supported by some credible evidence and is not irrational” *(Matter of Rodriguez v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund,*3 AD3d 501, 501 [2004]). Credible evidence is “evidence that proceeds from a credible source and reasonably tends to support the proposition for which it is offered” *(Matter of Meyer v Board of Trustees of N.Y. City Fire Dept., Art. 1-B Pension Fund,*90 NY2d 139, 147 [1997]). In this case, the determination of the Medical Board that the petitioner’s condition would not preclude full fire fighting duty was supported by credible evidence, including the report of an impartial neurosurgeon, who adhered to his recommendation following a second review and consideration of additional records. While the record also contains the *852medical findings of several other doctors who disagreed with this neurosurgeon’s conclusions, “[w]here conflicting evidence and medical reports are presented before the Medical Board ... it is solely within the province of the Medical Board and the Board of Trustees to resolve the conflict” *(Matter of Santoro v Board of Trustees of N.Y. City Fire Dept. Art.l-B Pension Fund,*217 AD2d 660, 660 [1995]). Thus, the Board of Trustees of the New York City Fire Department, Article 1-B Pension Fund, properly upheld the Medical Board’s recommendation, and the Supreme Court properly denied the petition and dismissed the proceeding. Rivera, J.P., Hall, Lott and Cohen, JJ., concur.
**Exhibit
      32.1**


**CERTIFICATION
      OF PERIODIC REPORT PURSUANT TO SECTION 906**


**OF
      SARBANES-OXLEY ACT OF 2002**




I,
      the
      undersigned Daniel
      T.
      Phillips ,
      President and Chief Executive Officer of FIRSTPLUS Financial Group, Inc. (the
      “Company”), do hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act
      of 2002, 18 U.S.C. Section 1350, that:





1.  The
      Quarterly Report on Form 10-QSB of the Company for the quarter ended September
      30, 2006 (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.








Dated:
                  November 20, 2006
              /s/Daniel
                  T. PhillipsDaniel
                  T. PhillipsPresident
                  and Chief Executive OfficerPrincipal
                  Executive Officer
#### Kerkes Torres et al., Respondents, v Joseph Da Silva, Appellant.

On January 6, 1984, the infant plaintiff, while a pedestrian, was struck by a motor vehicle operated by the defendant. Thereafter, the instant action was commenced, *inter alia,*to recover damages for personal injuries allegedly suffered as a result of the accident. After joinder of issue the plaintiffs served the defendant with a bill of particulars which indicated that: (1) following the accident the infant plaintiff was taken to a hospital emergency room where he was examined and released, (2) he suffered "serious and permanent injuries” as a result of the accident consisting of persistent pain to the lower back and neck, abrasions of the left elbow, severe and chronic headaches and dizziness, pain to the right leg, and anxiety, (3) all the injuries indicated were permanent, and (4) the infant plaintiff was confined to bed at home for one week and missed one week of school. The plaintiffs also served the defendant with a copy of the hospital record and X-ray report which indicated no fracture or dislocation of the infant’s left elbow and lumbosacral spine and diagnosed his condition as consisting of contusions of the back and left elbow joint. The hospital records also indicated that the infant plaintiff was examined and released from the hospital about one hour and 20 minutes after being admitted to the emergency room.

The defendant moved for summary judgment on the ground of the plaintiffs’ failure to make a showing that the infant had sustained a serious injury within the meaning of the Insurance Law § 5102 (d). In his affidavit in support the defendant’s counsel referred, *inter alia,*to the hospital record and X-ráy report.

In opposition to the motion, the plaintiffs submitted their *801counsel’s affirmation and the affidavit of the plaintiff Irma Coreano, the infant’s mother, which allege that the infant plaintiff suffers from constant pain and anxiety.

On review of the record, we conclude that the plaintiffs failed to meet the serious injury threshold requirement of Insurance Law § 5102 (d). The plaintiffs’ subjective evaluation of the infant plaintiff’s condition, unsupported by the medical evidence, is insufficient to establish their claim of serious injury *(see, Dwyer v Tracey,*105 AD2d 476; *De Filippo v White,*101 AD2d 801; *Zoldas v Louise Cab Corp.,*108 AD2d 378; *see also, D’Iorio v Brancoccio,*115 AD2d 634). Thompson, J. P., Bracken, Lawrence and Eiber, JJ., concur.