alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### John P. CONVILLE, Jr., Appellant, v. EMERSON ELECTRIC, Appellee.

No. 06-2135.

United States Court of Appeals, Eighth Circuit.

Submitted: April 6, 2007.

Filed: April 11, 2007.

John P. Conville, Jr., Mena, AR, pro se.

Russell Alen Gunter, Cross & Gunter, Little Rock, AR, for Appellee.

Before SMITH, GRUENDER, and SHEPHERD, Circuit Judges.

PER CURIAM.

John P. Conville, Jr. appeals from the *629district court’s1 dismissal of his Title VII and Americans with Disabilities Act complaint. Upon de novo review, *see Farm Credit Servs. of Am. v. Am. State Bank,*339 F.3d 764, 767 (8th Cir.2003), we affirm.

Emerson Electric Company (Emerson) employed Conville until 1993. In 1992, he suffered a stroke. Based upon his resulting medical restrictions, Emerson informed him that it did not have a position available for him, and terminated his employment in March 1993. In 2005, Con-ville filed a pro se charge of discrimination with the Equal Employment Opportunity Commission, which determined that the charge was untimely. Using a Title VII pro se complaint form, Conville alleged that Emerson violated his rights under the Americans with Disabilities Act (ADA).

Whether under Title VII or the ADA, Conville’s charge was filed well outside of the 180-day statute of limitations period. *See*42 U.S.C. §§ 2000e-5(e)(l) (establishing 180-day statute of limitations for Title VII actions), 12117(a) (adopting Title VII procedures); *Diaz v. Swift-Eckrich, Inc.,*318 F.3d 796, 798 (8th Cir.2003) (applying 180-day statute of limitations to Title VII action); *Douglas v. Cal. Dep’t of Youth Auth.,*271 F.3d 812, 823 n. 12 (9th Cir.2001) (noting 180-day statute of limitations applies to ADA actions). The district court properly rejected Conville’s argument that the statute of limitations was subject to equitable tolling. Conville was aware of the relevant facts at the time of his termination, yet waited twelve years to bring a formal charge of discrimination. *See Dring v. McDonnell Douglas Corp.,*58 F.3d 1323, 1329 (8th Cir.1995) (permitting equitable tolling only “when a reasonable person in the plaintiffs situation would not be expected to know of the ... violation”). Having dismissed Conville’s suit for failing to satisfy the statute of limitations, the district court properly denied as moot Conville’s motion to amend his complaint, which sought to add allegations that Emerson failed to provide him with a reasonable accommodation.

Conville’s unopposed motion to place correspondence from Emerson’s counsel into the record is granted. We have reviewed this correspondence and conclude that it does not affect the merits of the appeal.

The judgment of the district court is affirmed. *See*8th Cir. R. 47B.

1

. The Honorable James M. Moody, United States District Judge for the Eastern District of Arkansas.
EXHIBIT 99.1

May 24, 2004


Dear Jeff:

         This letter will confirm our telephone discussion earlier today that
because of CIT's continued unwillingness to resolve the issues relating to your
small business loan, we have mutually agreed to withdraw from the letter of
intent signed by National ComTel Network Inc. ("National") and Colmena Corp.
(Colmena") on October 15, 2003 (the "LOI").

         As you know, our companies have expended considerable time and effort
over the last several months in the hope of accomplishing the transaction
contemplated by the LOI, and were confident that our efforts would be
successful. National contacted a number of lending institutions to ascertain
their interest in assuming the existing loan, and both our companies approached
CIT is seeking its consent to National's becoming a wholly-owned subsidiary of
Colmena. Although such consent seemed reasonable, it has not been forthcoming,
and so we have agreed that it is in the best interests of each of our companies
to withdraw from the LOI at this time.

         It has been a tremendous pleasure getting to know you and your
excellent company. I wish you well in the years to come, and hope our companies
may find ways to work together in the future.

         With best regards, I am,

                                                     Very truly yours,

                                                     COLMENA CORP.



                                                     Anthony Q. Joffe
                                                     President
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>

Exhibit 27 - Financial Data


     This  schedule  contains  summary financial information extracted from
the financial statements (unaudited) for the fiscal quarter ended September
30, 1996 and is qualified in its  entirety  by  reference to such financial
statements.

                ITEM NO.

                5-02(1)                                     1,379,016
                5-02(2)                                        --
                5-02(3)(a)(1)                                  62,183
                5-02(4)                                        --
                5-02(6)                                     2,139,259
                5-02(9)                                     3,824,964
               5-02(13)                                     4,494,933
               5-02(14)                                    (1,561,401)
               5-02(18)                                    20,573,133
               5-02(21)                                     8,467,759
               5-02(22)                                     4,285,515
               5-02(28)                                        --
               5-02(29)                                        --
               5-02(30)                                        24,336
               5-02(31)                                     7,795,523
               5-02(32)                                    20,573,133
               5-03(b)1(a)                                  7,087,970
               5-03(b)1                                    30,349,184
               5-03(b)2(a)                                  4,641,417
               5-03(b)2                                    35,546,245
               5-03(b)3                                     2,057,743
               5-03(b)5                                        --
               5-03(b)(8)                                     806,849
               5-03(b)(10)                                 (7,254,804)
               5-03(b)(11)                                     --
               5-03(b)(14)                                 (7,254,804)
               5-03(b)(15)                                     --
               5-03(b)(17)                                     --
               5-03(b)(18)                                     --
               5-03(b)(19)                                 (7,254,804)
               5-03(b)(20)                                   (3.60)
               5-03(b)(20)                                   (3.60)

</TABLE>
Exhibit
      32.1 -
            Certification
      of Principal Executive Officer




CERTIFICATION
IN ACCORDANCE WITH


18
U.S.C. SECTION 1350


AS
ADOPTED BY


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Quarterly Report on Form 10-Q of Internet America, Inc. (the
“Company”) for the six months ended December 31, 2009, as filed with the
Securities and Exchange Commission on the date hereof (the “Report”), I, William
E. Ladin, Jr., Chief Executive Officer of the Company, certify in accordance
with 18 U.S.C. Section 1350, as adopted by Section 906 of the Sarbanes-Oxley Act
of 2002, to my knowledge that:





(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/ William E. Ladin,
Jr.William
      E. (Billy) Ladin, Jr.Chief
      Executive OfficerDate:
      February 16, 2010
<TABLE> <S> <C>

<ARTICLE> 5

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
<PERIOD-END>                               MAR-31-2000
<CASH>                                             602
<SECURITIES>                                         0
<RECEIVABLES>                                   31,437
<ALLOWANCES>                                     3,371
<INVENTORY>                                          0
<CURRENT-ASSETS>                                31,697
<PP&E>                                          17,767
<DEPRECIATION>                                  11,627
<TOTAL-ASSETS>                                  67,455
<CURRENT-LIABILITIES>                           26,469
<BONDS>                                            729
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             7
<OTHER-SE>                                      16,249
<TOTAL-LIABILITY-AND-EQUITY>                    67,455
<SALES>                                              0
<TOTAL-REVENUES>                                60,002
<CGS>                                                0
<TOTAL-COSTS>                                   46,860
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   886
<INTEREST-EXPENSE>                                 884
<INCOME-PRETAX>                                (1,850)
<INCOME-TAX>                                     (740)
<INCOME-CONTINUING>                            (1,110)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,110)
<EPS-BASIC>                                      (.15)
<EPS-DILUTED>                                    (.15)



</TABLE>
UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

PORTLAND DIVISION

 

KEVIN KEAY, Case No. 3:16-cv-338-AC

Plaintiff, JUDGMENT

v. 

SGLI SERVICEMANS INSURANCE,

Defendant. 

___________________________________

ACOSTA, Magistrate Judge:

On July 6, 2016, this court ordered plaintiff to appear in person at 10:30 a.m. on Monday, 

August 8, 2016, to show cause why this case should not be dismissed for lack of prosecution due to

lack of service. The court additionally ordered plaintiff to file a written statement setting forth the

status of the action and whether good cause exists to dismiss for lack of service. Plaintiff failed to

JUDGMENT - 1

Case 3:16-cv-00338-AC Document 24 Filed 11/28/16 Page 1 of 2
file a written statement or appear on a timely basis. As a result, the court dismissed this action

without prejudice on August 8, 2016. 

On September 19, 2016, the court granted plaintiff’s motion to reconsider the issuance of the

judgment of dismissal, and directed plaintiff to file proof of summons with twenty-one days, or by

October 10, 2016. Plaintiff failed to comply with this order and has not accomplished service on 

defendant to date.

On November 7, 2016, this court ordered plaintiff to appear in person at 10:00 a.m. on

Monday, November 28, 2016, to show cause for a second time why this case should not be dismissed

for lack of prosecution due to lack of service. The court additionally ordered plaintiff to file a

written statement setting forth the status of the action and whether good cause exists to dismiss for

lack of service. Plaintiff again failed to file a written statement or appear on a timely basis. 

Accordingly,

IT IS ORDERED and ADJUDGED that plaintiff’s complaint and action are DISMISSED,

without prejudice, for lack of prosecution. Pending motions, if any, are denied as moot.

DATED this 28th day of November, 2016 .

 /s/ John V. Acosta 

JOHN V. ACOSTA

 United States Magistrate Judge

JUDGMENT - 2

Case 3:16-cv-00338-AC Document 24 Filed 11/28/16 Page 2 of 2
#### HANNA TRITSCHLER, PETITIONER-PETITIONER, v. MERCK *&*COMPANY, INC., RESPONDENT-RESPONDENT.

See same case below: 66 *N. J. Super.*116.

*Mr. Aaron Gordon*for the petitioner.

*Messrs. Schreiber, Lancaster & Demos*for the respondent.

May 15, 1961.

Denied.
May 14, 1997



Mr. Steven Vick, President
Sterling House Corporation
453 S. Webb Road, Suite 500
Wichita, KS 67207

Dear Steven:

This letter will serve as an amendment to the commitment Letter dated April 3,
1996 for Phases IV and V of the Line of Credit.

1.	Effective Date.  These amendments will be effective for all Phase IV and
Phase V financings except for the first two Phase IV financings,including 
Troy, Ohio.

2.	Permanent Financings.

	(A)	Permanent Rate Spread.  The permanent rates spread will be 345 
		bps.

	(B)	Commitment Fee.  The commitment fee for the permanent financings 
		will be waived.

	(C)	Legal Fees of Health Care REIT, Inc.  The legal fees of Health 
		Care REIT, Inc. will be capped at $10,000 per financing.

3.	Construction Financings.

	(A)	Construction Commitment Fee.  The construction commitment fee will
		be .50%.

	(B)	Construction Rate Spread.  The construction rate spread will be 
		200 bps over the prime rate as reported in the Wall Street 	
	Journal.

Except as modified above, all other terms and conditions of the Commitment
Letter will remain in effect.  Please acknowledge your acceptance of the
foregoing terms by signing a copy of this letter and sending it to me by 5:00
eastern time on May 31, 1997.

Sincerely,					STERLING HOUSE CORPORATION

HEALTH CARE REIT, INC.
						/s/  Steven Vick           
						Steven Vick, President

/s/  Raymond W. Braun
Raymond W. Braun
Chief Operating Officer
#### BELL et al., Respondents, v. HOLMES, Appellant.

(Supreme Court, Appellate Division, Third Department.

December 2, 1896.)

Action by Edmund R. Bell and others against William E. Holmes.

No opinion. Judgment affirmed, with costs. All concur.
I 

114TH CONGRESS 

1ST SESSION H. R. 1739 

To prohibit the Federal Government from requiring race or ethnicity to 

be disclosed in connection with the transfer of a firearm. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2015 

Mrs. BLACK (for herself, Mr. POE of Texas, Mr. FINCHER, Mr. DUNCAN of 

Tennessee, Mr. FLEISCHMANN, Mrs. BLACKBURN, Mr. GOSAR, Mr. 

CRAMER, Mr. FARENTHOLD, Mr. HUELSKAMP, and Mr. SESSIONS) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To prohibit the Federal Government from requiring race 

or ethnicity to be disclosed in connection with the transfer of a firearm. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘FIREARM Act’’. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 1739 IH

1 SEC. 2. PROHIBITION ON THE FEDERAL GOVERNMENT TO 

2 REQUIRE RACE OR ETHNICITY TO BE DIS3 CLOSED IN CONNECTION WITH THE TRANS4 FER OF A FIREARM. 

5 The Federal Government may not require any person 

6 to disclose the race or ethnicity of the person in connection 

7 with the transfer of a firearm to the person. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
Exhibit 32.1

Informational Addendum to Report on Form 10-Q

Pursuant to Section 906 of the Sarbanes-Oxley
Act of 2002

Not Filed Pursuant to the Securities Exchange Act of 1934

The undersigned Chief Executive Officer of OYO Geospace Corporation does hereby certify as follows:

Solely for the purpose of meeting the requirements of Section 906 of the Sarbanes-Oxley Act of 2002, and solely to the extent this certification may
be applicable to this Report on Form 10-Q, the undersigned hereby certify that this Report on Form 10-Q fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934 and the information contained in this
Report on Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of OYO Geospace Corporation.



/s/ Gary D. OwensName: Gary D. OwensTitle: Chief Executive OfficerMay 4, 2006
Document Headings

                    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.                  

###### Department of Commerce

###### National Oceanic and Atmospheric Administration

          - [RTID: 0648-XB360]

# AGENCY:

National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

# ACTION:

Notice; public meeting.

# SUMMARY:

The Mid-Atlantic Fishery Management Council's Surfclam and Ocean Quahog Committee (Committee) will hold a public meeting.

# DATES:

The meeting will be held on Friday, October 15, 2021, from 9:30 a.m. until 12 p.m.

# ADDRESSES:

                        The meeting will be held via webinar. Webinar connection information will be available at:                         *https://www.mafmc.org/​council-events.*

*Council address:*                         Mid-Atlantic Fishery Management Council, 800 N State Street, Suite 201, Dover, DE 19901; telephone: (302) 674-2331;                         *www.mafmc.org.*

# FOR FURTHER INFORMATION CONTACT:

Christopher M. Moore, Ph.D., Executive Director, Mid-Atlantic Fishery Management Council, telephone: (302) 526-5255.

# SUPPLEMENTARY INFORMATION:

The Mid-Atlantic Fishery Management Council's Surfclam and Ocean Quahog Committee will meet to review the draft document being prepared for the Council to address issues related to the species separation requirements in the Atlantic surfclam and ocean quahog fisheries.

## Special Accommodations

The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aid should be directed to Shelley Spedden, (302) 526-5251, at least 5 days prior to the meeting date.

*Authority:*16 U.S.C. 1801*et seq.*

Dated: September 3, 2021.

Tracey L. Thompson,

Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.

[FR Doc. 2021-19488 Filed 9-7-21; 8:45 am]

BILLING CODE 3510-22-P
IIB 

114TH CONGRESS 

1ST SESSION H. R. 1816 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2015 

Received; read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

AN ACT 

To exclude from consideration as income under the United 

States Housing Act of 1937 payments of pension made 

under section 1521 of title 38, United States Code, to 

veterans who are in need of regular aid and attendance. 

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


emcdonald on DSK67QTVN1PROD with BILLS
2 

HR 1816 RFS 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Vulnerable Veterans 

3 Housing Reform Act of 2015’’. 

4 SEC. 2. EXCLUSION FROM INCOME. 

5 Paragraph (4) of section 3(b) of the United States 

6 Housing Act of 1937 (42 U.S.C. 1437a(b)(4)) is amend7 ed— 

8 (1) by striking ‘‘and any amounts’’ and insert9 ing ‘‘, any amounts’’; 

10 (2) by striking ‘‘or any deferred’’ and inserting 

11 ‘‘, any deferred’’; and 

12 (3) by inserting after ‘‘prospective monthly 

13 amounts’’ the following: ‘‘, and any expenses related 

14 to aid and attendance as detailed under section 1521 

15 of title 38, United States Code’’. 

16 SEC. 3. LIMITATION ON AWARDS AND BONUSES PAID TO 

17 EMPLOYEES OF DEPARTMENT OF VETERANS 

18 AFFAIRS. 

19 Section 705 of the Veterans Access, Choice, and Ac20 countability Act of 2014 (Public Law 113–146; 38 U.S.C. 

21 703 note) is amended by inserting before the period at 

22 the end the following: ‘‘, except that the dollar amount 

23 limitation applicable under this section for each of fiscal 


emcdonald on DSK67QTVN1PROD with BILLS
3 

HR 1816 RFS 

1 years 2016 through 2020 shall be such dollar amount as 

2 reduced by $10,000,000’’. 

Passed the House of Representatives May 18, 2015. 

Attest: KAREN L. HAAS, 

Clerk. 

By ROBERT F. REEVES, 

Deputy Clerk. 


emcdonald on DSK67QTVN1PROD with BILLS
#### Paul E. McCOLLUM, Sr., Plaintiff, v. The UNITED STATES, Defendant.

No. 346-82C.

United States Claims Court.

April 18, 1985.

Paul L. Waldron, Washington, D.C., for plaintiff; Daniel J. Donohue; F. Gregory McKenna; and Hudson, Creyke, Koehler & Tacke, Washington, D.C., of counsel.

Michael A. Gordon, Washington, D.C., with whom was Acting Asst. Atty. Gen. Richard K. Willard, Washington, D.C., for defendant.

ORDER

MAYER, Judge.

Upon consideration of plaintiff’s motion to amend order in light of *J.F. Shea Co. v. United States,*754 F.2d 338 (Fed.Cir.1985), and defendant’s statement that *Shea*is controlling on the question of whether interest should be paid by the government at a variable or fixed rate in this case, it is ORDERED that the motion is GRANTED, and that part of the opinion and order captioned *Fixed Rate of Interest,*6 Cl.Ct. 373, 375-77, is VACATED. It is FURTHER ORDERED that the rate of interest payable to plaintiff shall vary with the rates established at six month intervals by the Secretary of the Treasury pursuant to Pub.L. No. 92-41 throughout the period of accrual. In all other respects the order of October 4, 1984, remanding the case to the Armed Services Board of Contract Appeals remains the same.
**CERTIFICATION
        PURSUANT TO**
 **THE
        SARBANES-OXLEY ACT OF 2002**
 **CHIEF
        EXECUTIVE OFFICER**
 
 
 I,
        Gary
        Herman, certify that:
 
 In
        connection with the Annual Report of Digital Creative Development Corporation
        (the "Company") on Form 10-KSB for the period ending June 30, 2006 (the
        "Report"), the undersigned officer of the Company, certifies, 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 his knowledge:
 
 (1)
        The
        Report fully complies with the requirements of Section 13(a) 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.
 
  Date:
        October 2, 2007
  /
        s /
        Gary Herman
 Gary
        Herman
 President