alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Katherine Eitenmiller, OSB # 145731 

Mark A. Maming, OSB#00311 

HARDER, WELLS, BARON & MANNING, P.C. 

474 WillanateStreet 

Eugene, OR 97401 

(541) 686-1969 

keitenmi I ler@hwbm.na 

Of Attorneys for the Plaintiff 

IN THE UNITED STA TES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

BARBARA E. THOMPSON, 

Plaintiff, 

vs. 

COMMISSIONER, 

SociafSecurity Administration, 

Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Case No. 6: 16-cv-00789-BR 

ORDER FOR PAYMENT OF ATTORNEY 

FEES PURSUANT TO EAJA. 

Based upon the Stipulation of the parties, it is hereby ORDERED that attorney fees in the 

amount of $5,104.81 are hereby aivarded to Plaintiff, pursuant to the Equal Access to Justice Act 

(EAJA.), 28 U.S.C. § 2412. Payment of this aivard shall be paid via check made payable to 

Plaintiff and mailed to Plaintiff's attorneys at Harder, Wells, Baron & Manning, P.C., 474 

Wi I lamate Street, Eugene, Oregon 97401. Pursuant to Ast rue v. Ratliff, the aivard shal I be made 

payable to Plaintiff's attorneys, Harder, Wells, Baron & Manning, P.C., if the Commissioner 

confirms that Plaintiff owes no debt to the government through the federal treasury offset 

program. There are no costs or expenses to be paid herein. ·"r~ 

Dated this __ 1 __ day of December 2017. 

PRESENTED BY: 

s/ Katherine Eitenmiller 

Harder, Wells, Baron & Manning, P.C. 

Of Attorneys for Plaintiff 

u.s.pistrict Judge'~e 

,!;t{/[t l-t-,·;' 1/
<PAGE>

                                                                    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 Amendment No. 1 to Form 10K/A for the fiscal
year ended June 30, 2002, 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 of
         the Company.

/s/ Ronald A. Durando

Ronald A. Durando
Chief Executive Officer


January 26, 2004
<PAGE>   1
                                                                    EXHIBIT 23.1

                                        
                        CONSENT OF INDEPENDENT AUDITORS

We consent to the incorporation by reference in the Registration Statement Form
S-3 No. 333-33025, Form S-3 No. 333-47775, Form S-3 No. 333-52451 and Form S-8
No. 333-32809 and related prospectuses of Educational Medical, Inc. of our
report dated June 2, 1998, with respect to the consolidated financial statements
and schedule of Educational Medical, Inc. included in the Annual Report (Form
10-K) for the year ended March 31, 1998. 

                                                       /s/ Ernst & Young LLP



Atlanta, Georgia
June 29, 1998
JUDGMENT OF REMAND

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

MEDFORD DIVISION

STATE OF OREGON, 

No. 1:16-cv-0667-MC

Plaintiff, 

 JUDGMENT OF REMAND

v.

 

FERNANDO MORALES, SR.,

Defendant. 

Based on the record, this matter is immediately REMANDED to the Circuit Court for 

Klamath County for further proceedings. This matter is DISMISSED with prejudice in this 

Court. 

IT IS SO ORDERED. 

DATED this 5th day of May, 2016.

____________ ___________________

MICHAEL MCSHANE

U.S. DISTRICT JUDGE

Case 1:16-cv-00667-MC Document 5 Filed 05/05/16 Page 1 of 1
[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Page 50122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19167]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Designation of a Class of Employees for Addition to the Special 
Exposure Cohort

AGENCY: National Institute for Occupational Safety and Health (NIOSH), 
Centers for Disease Control and Prevention, Department of Health and 
Human Services (HHS).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: HHS gives notice of a decision to designate a class of 
employees from the Savannah River Site in Aiken, South Carolina, as an 
addition to the Special Exposure Cohort (SEC) under the Energy 
Employees Occupational Illness Compensation Program Act of 2000.

FOR FURTHER INFORMATION CONTACT: Grady Calhoun, Director, Division of 
Compensation Analysis and Support, NIOSH, 1090 Tusculum Avenue, MS C-
46, Cincinnati, OH 45226-1938, Telephone 1-877-222-7570. Information 
requests can also be submitted by email to <a href="/cdn-cgi/l/email-protection#0f4b4c4e5c4f4c4b4c21484059"><span class="__cf_email__" data-cfemail="57131416041714131479101801">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On August 18, 2021, as provided for under 42 
U.S.C. 7384l(14)(C), the Secretary of HHS designated the following 
class of employees as an addition to the SEC:
    ``All construction trade employees of Department of Energy 
subcontractors [excluding employees of the following prime contractors 
who worked at the Savannah River Site in Aiken, South Carolina, during 
the specified time periods: E. I. du Pont de Nemours and Company, 
October 1, 1972, through March 31, 1989; and Westinghouse Savannah 
River Company, April 1, 1989, through December 31, 1990], who worked at 
the Savannah River Site from October 1, 1972, through December 31, 
1990, for a number of work days aggregating at least 250 work days, 
occurring either solely under this employment or in combination with 
work days within the parameters established for one or more other 
classes of employees included in the Special Exposure Cohort.''
    This designation will become effective on September 17, 2021, 
unless Congress provides otherwise prior to the effective date. After 
this effective date, HHS will publish a notice in the Federal Register 
reporting the addition of this class to the SEC or the result of any 
provision by Congress regarding the decision by HHS to add the class to 
the SEC.

(Authority: 42 U.S.C. 7384q(b). 42 U.S.C. 7384l(14)(C))

Frank J. Hearl,
Chief of Staff, National Institute for Occupational Safety and Health.
[FR Doc. 2021-19167 Filed 9-3-21; 8:45 am]
BILLING CODE 4163-18-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
|   |    Name                      |   |    Jurisdiction of Incorporation or      Organization |   |   Names under Which theSubsidiaries Do Business |   |
|--------|---------------------------------------------|--------|----------------------------------------------------------------------|--------|-----------------------------------------------------------|--------|
|   |                                        |   |                                                                 |   |                                                      |   |
|   | The      Majestic Star Casino Capital Corp. |   | Indiana                                                              |   | Majestic      Star Casino                                 |   |
|   | Majestic      Star Casino Capital Corp. II  |   | Indiana                                                              |   | Majestic      Star Casino Capital Corp. II                |   |
|   | Barden      Mississippi Gaming, LLC         |   | Mississippi                                                          |   | Fitzgeralds      Casino & Hotel                       |   |
|   | Barden      Colorado Gaming, LLC            |   | Colorado                                                             |   | Fitzgeralds      Casino                                   |   |
|   | The      Majestic Star Casino II, Inc.      |   | Delaware                                                             |   | Majestic      Star Casino & Hotel                     |   |
|   |                                        |   |                                                                 |   |                                                      |   |
|   |                                        |   |                                                                 |   |                                                      |   |

----
<PAGE>   1

                                                                      EXHIBIT 23



                          INDEPENDENT AUDITORS' CONSENT




We consent to the incorporation by reference in Registration Statements Nos.
333-18981, 333-18983, 333-18985, 333-18987, 333-18989, 333-29153 and 333-63493,
all on Form S-8 of SRS Labs, Inc., of our report dated March 3, 2000 (March 9,
2000 as to Note 13), appearing in SRS Labs, Inc.'s Annual Report on Form 10-K
for the year ended December 31, 1999.




/s/  DELOITTE & TOUCHE LLP

Costa Mesa, California
March 24, 2000
ARMED SERVICES BOARD OF CONTRACT APPEALS 

Petitions of -- ) 

) 

Framaco-Epik-Metis, JV ) 

) 

) 

) 

Under Contract No. W912GB-10-C-0020 ) 

APPEARANCES FOR THE PETITIONER: 

APPEARANCES FOR THE GOVERNMENT: 

ASBCA Nos. 60359-962, 60360-963 

60361-964, 60362-965 

60363-966 

Robert M. Moore, Esq. 

Robert D. Windus, Esq. 

Moore & Lee, LLP 

McLean, VA 

Thomas H. Gourlay, Jr., Esq. 

Engineer Chief Trial Attorney 

Brett R. Howard, Esq. 

Engineer Trial Attorney 

U.S. Army Engineer District, Europe 

DISMISSAL ORDER 

The contractor filed, under Rule l(a)(5), a request for an order directing the 

contracting officer to render a decision on its five claims, all of which were submitted 

between 3 October 2013 and 22 April 2015. In a conference call on 26 February 2016, 

petitioner's counsel informed the Board that the claim underlying the first of its 

petitions, ASBCA No. 60359-962, had been withdrawn, and that the contracting 

officer had issued final decisions on the claims underlying the remaining four 

petitions, ASBCA Nos. 60360-963, 60361-964, 60362-965, and 60363-966. In light 

of these circumstances, neither party objected to the petitions being dismissed as moot. 

Accordingly, the Board dismisses the captioned petitions as moot. 

Dated: 2 March 2016 

~ 7£/--m MARKN.frt~ Administrative Judge 

Acting Chairman 

Armed Services Board 

of Contract Appeals 
I certify that the foregoing is a true copy of the Order Pursuant to Rule l(a)(5) of 

the Armed Services Board of Contract Appeals in ASBCA Nos. 60359-962, 60360-963, 

60361-964, 60362-965, and 60363-966, Petitions ofFramaco-Epik-Metis, JV, rendered 

in conformance with the Board's Charter. 

Dated: 

2 

JEFFREY D. GARDIN 

Recorder, Armed Services 

Board of Contract Appeals
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAY-31-2000
<PERIOD-START>                             JUN-01-1999
<PERIOD-END>                               MAY-31-2000
<EXCHANGE-RATE>                                      1
<CASH>                                              36
<SECURITIES>                                         0
<RECEIVABLES>                                    5,374
<ALLOWANCES>                                       274
<INVENTORY>                                      5,124
<CURRENT-ASSETS>                                10,521
<PP&E>                                           7,277
<DEPRECIATION>                                   1,264
<TOTAL-ASSETS>                                  24,942
<CURRENT-LIABILITIES>                            4,503
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             6
<OTHER-SE>                                      14,406
<TOTAL-LIABILITY-AND-EQUITY>                    24,942
<SALES>                                         29,925
<TOTAL-REVENUES>                                29,925
<CGS>                                           20,525
<TOTAL-COSTS>                                    7,537
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 644
<INCOME-PRETAX>                                  1,486
<INCOME-TAX>                                       616
<INCOME-CONTINUING>                                870
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       870
<EPS-BASIC>                                       0.15
<EPS-DILUTED>                                     0.15


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

<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JAN-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                          15,838
<SECURITIES>                                         0
<RECEIVABLES>                                   30,643
<ALLOWANCES>                                    15,426
<INVENTORY>                                      7,400
<CURRENT-ASSETS>                                86,759
<PP&E>                                          10,531
<DEPRECIATION>                                  17,699
<TOTAL-ASSETS>                                 111,018
<CURRENT-LIABILITIES>                           39,778
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           151
<OTHER-SE>                                      20,051
<TOTAL-LIABILITY-AND-EQUITY>                   111,018
<SALES>                                         63,959
<TOTAL-REVENUES>                               155,248
<CGS>                                           40,869
<TOTAL-COSTS>                                  107,706
<OTHER-EXPENSES>                                33,325
<LOSS-PROVISION>                                 4,115
<INTEREST-EXPENSE>                               3,301
<INCOME-PRETAX>                                 12,810
<INCOME-TAX>                                     5,235
<INCOME-CONTINUING>                              7,575
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     7,575
<EPS-PRIMARY>                                     0.51
<EPS-DILUTED>                                     0.47


</TABLE>
**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**

|  | (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 result of operations of the                Company. |
|--|-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|                                                                                                                                                                        |   |   |   |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|--------|--------|
| /s/                Silas Phillips                                                                                                                                           |   |   |        |
| Silas                PhillipsPrincipal                Executive Officer andPrincipal                Financial and Accounting OfficerDated:                November 19, 2007 |   |   |        |

----
Exhibit 32.2

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 Quarterly Report of Optical Cable Corporation (the Company) on Form 10-Q for the quarter ended January 31, 2008 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 represents, in all material respects, the financial condition and results of operations of the Company as of January 31, 2008, and for the period then ended.



|                     |  |                                           
|-------------------- |  | ------------------------------------------
|Date: March 14, 2008 |  | /s/ Tracy G. Smith                        
|                     |  | Tracy G. Smith                            
|                     |  | Vice President and Chief Financial Officer
SUPREME COURT OF THE STATE OF NEW YORK

Appellate Division, Fourth Judicial Department

492 

KA 15-01891 

PRESENT: SMITH, J.P., CARNI, DEJOSEPH, NEMOYER, AND TROUTMAN, JJ. 

 

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, 

V MEMORANDUM AND ORDER

BENJAMIN SHEPPARD, DEFENDANT-APPELLANT. 

 

SESSLER LAW PC, GENESEO (STEVEN D. SESSLER OF COUNSEL), FOR

DEFENDANT-APPELLANT.

GREGORY J. MCCAFFREY, DISTRICT ATTORNEY, GENESEO (JOSHUA J. TONRA OF

COUNSEL), FOR RESPONDENT. 

 

Appeal from a judgment of the Livingston County Court (Dennis S.

Cohen, J.), rendered September 3, 2015. The judgment convicted

defendant, upon his plea of guilty, of assault in the second degree. 

It is hereby ORDERED that the judgment so appealed from is

unanimously affirmed. 

Memorandum: On appeal from a judgment convicting him upon a plea

of guilty of assault in the second degree (Penal Law § 120.05 [7]),

defendant contends that his plea was not voluntarily, knowingly, or

intelligently entered. Defendant failed to preserve his contention

for our review inasmuch as he did not move to withdraw his plea or to

vacate the judgment of conviction pursuant to CPL article 440 (see

People v Hill, 128 AD3d 1479, 1480, lv denied 26 NY3d 930). Contrary

to defendant’s contention, this case does not fall within the rare

exception to the preservation doctrine inasmuch as nothing in the plea

colloquy “casts significant doubt upon the defendant’s guilt or

otherwise calls into question the voluntariness of the plea” (People v

Lopez, 71 NY2d 662, 666; see Hill, 128 AD3d at 1480). To the extent

that defendant’s contention is based upon matters outside the record,

he may raise his contention in a motion pursuant to CPL 440.10 (see

People v Medina, 132 AD3d 1363, 1364).

Entered: April 28, 2017 Frances E. Cafarell

Clerk of the Court
1

IN THE COURT OF APPEALS OF THE STATE OF IDAHO

Docket No. 36874

STATE OF IDAHO,

Plaintiff-Respondent,

v.

CHARLES M. PRICE,

Defendant-Appellant.

)

)

)

)

)

)

)

)

)

)

2010 Unpublished Opinion No. 461

Filed: May 13, 2010

Stephen W. Kenyon, Clerk

THIS IS AN UNPUBLISHED

OPINION AND SHALL NOT

BE CITED AS AUTHORITY

Appeal from the District Court of the Third Judicial District, State of Idaho, 

Canyon County. Hon. Renae J. Hoff, District Judge. 

Judgment of conviction and unified sentence of seven years, with a minimum 

period of confinement of three years, for domestic battery with traumatic injury, 

affirmed.

Greg S. Silvey, Kuna, for appellant. 

Hon. Lawrence G. Wasden, Attorney General; Jessica M. Lorello, Deputy 

Attorney General, Boise, for respondent. 

________________________________________________

Before GUTIERREZ, Judge; GRATTON, Judge;

and MELANSON, Judge

PER CURIAM

Charles M. Price pled guilty to domestic battery with traumatic injury. Idaho Code §§ 

18-903, 18-918(2). The district court sentenced Price to a unified term of seven years, with a 

minimum period of confinement of three years, to run concurrently with a sentence imposed by

the Federal court. Price appeals asserting that the district court abused its discretion by imposing 

an excessive sentence.

Sentencing is a matter for the trial court's discretion. Both our standard of review and the 

factors to be considered in evaluating the reasonableness of the sentence are well established and 

need not be repeated here. See State v. Hernandez, 121 Idaho 114, 117-18, 822 P.2d 1011, 1014-

15 (Ct. App. 1991); State v. Lopez, 106 Idaho 447, 449-51, 680 P.2d 869, 871-73 (Ct. App. 
2

1984); State v. Toohill, 103 Idaho 565, 568, 650 P.2d 707, 710 (Ct. App. 1982). When reviewing 

the length of a sentence, we consider the defendant’s entire sentence. State v. Oliver, 144 Idaho 

722, 726, 170 P.3d 387, 391 (2007). Applying these standards, and having reviewed the record 

in this case, we cannot say that the district court abused its discretion.

Therefore, Price’s judgment of conviction and sentence are affirmed.
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

MEDFORD DIVISION 

CLEATUS W. SHONK; RAE ANN 

SHONK, 

Plaintiffs, 

v. 

US BANK NA, as Legal Title 

Trustee for Truman 2013 SC4 

Title Trust; NORTHWEST TRUSTEE 

SERVICES, INC., 

Defendants. 

AIKEN, District Judge: 

1:15-cv-02428-CL 

ORDER 

On May 16, 2016, Magistrate Judge Mark D. Clarke filed a 

Findings and Recommendation (#28), and the matter is now before 

this Court. See 28 U.S.C. § 636(b) (1) (B), Fed. R. Civ. P. 72(b). 

Plaintiffs have filed objections (#30), Defendants have responded 

1 - ORDER 

Case 1:15-cv-02428-CL Document 32 Filed 06/22/16 Page 1 of 2
I 

to Plaintiffs' objections (#31) and I have reviewed the file of 

this case de novo. 28 U.S.C. § 636(b) (1) (C); McDonnell Douglas 

Corp. v. Commodore Bus. Mach., Inc., 656 F.2d 1309, 1313 (9th Cir. 

1981) . 

I have given this matter de novo review. I find no error. 

Accordingly, I ADOPT the Findings and Recommendation (#28). 

Defendants' Motion to Dismiss (#20) is GRANTED. This case is 

DISMISSED with prejudice. 

IT IS SO ORDERED. 

_)()_ 11 f) 

DATED this ~ day of June, 2016. 

Ann Aiken 

U.S. DISTRICT JUDGE 

2 - ORDER 

Case 1:15-cv-02428-CL Document 32 Filed 06/22/16 Page 2 of 2