alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Jonathan Beck, an Infant, by His Mother, Susan Beck, et al., Respondents, v Eleanor S. Dillman et al., Appellants.

—In an automobile negligence action to recover damages for *434personal injuries, etc., the defendants separately appeal from an order of the Supreme Court, Nassau County (Molloy, J.), dated September 12, 1985, which granted the plaintiffs’ motion to restore the action to the Trial Calendar.

Ordered that the order is reversed, in the exercise of discretion, with one bill of costs, the motion is denied, and the action is dismissed.

The genesis of the instant action is an automobile collision which occurred on November 6, 1973. Although the plaintiffs commenced this lawsuit in or about January 1974, due to protracted delays and their repeated failure to timely prosecute the lawsuit, in July 1982 the action was deemed abandoned and dismissed pursuant to CPLR 3404. Thereafter, the plaintiffs were given numerous opportunities, by various court orders, to remedy the default. The plaintiffs, nevertheless, persisted in this pattern of continuous and protracted delay. Indeed, the present record discloses that within the course of a period of over 11 years, the plaintiffs progressed no further than having their case marked "on” and "off” several calendars.

A party bringing an action should not abandon his case, let judgment be taken against him, and then test the patience of the court by repeated motions to restore the action to the Trial Calendar. This is the type of activity which CPLR 3404 seeks to prevent, and is the type of activity in which the plaintiffs have engaged.

Where an adverse party will be prejudiced, and no justifiable excuse is presented for the extensive delay, the moving party is not entitled to a vacatur of the default, regardless of the meritorious nature of the case *(see, Montalvo v Nel Taxi Corp.,*114 AD2d 494, *appeal denied in part and dismissed in part*68 NY2d 643). We find that Special Term abused its discretion in permitting the plaintiffs to revive this action, yet another time, in view of the extensive delay, the absence of an adequate explanation for the delay, and the prejudice which would inure to the defendants if forced to defend this action *(see, Fluman v TSS Dept. Stores,*100 AD2d 838; *Le Frois Foods Corp. v Aetna Ins. Co.,*74 AD2d 730, *appeal dismissed*49 NY2d 1043; *Dunne v McGuirk,*62 AD2d 1080). Bracken, J. P., Niehoff, Eiber and Sullivan, JJ., concur.
EXHIBIT 31.1

Certification

I, Kevan Casey, certify that:

1.     I have reviewed this Form 10-QSB of eLinear, Inc.;

2.     Based on my knowledge, this report does not contain any untrue statement
of a material fact or omit to state a material fact necessary to make the
statements made, in light of the circumstances under which such statements were
made, not misleading with respect to the period covered by this report;

3.     Based on my knowledge, the financial statements, and other financial
information included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the small business
issuer as of, and for, the periods presented in this report;

4.     The small business issuer's other certifying officer(s) and I are
responsible for establishing and maintaining disclosure controls and procedures
(as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) and internal control
over financial reporting (as defined in Exchange Act Rules 13a-15(f) and
15d-15(f)) for the small business issuer and have:

a.     Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to
ensure that material information relating to the small business issuer,
including its consolidated subsidiaries, is made known to us by others within
those entities, particularly during the period in which this report is being
prepared;

b.     Designed such internal control over financial reporting, or caused such
internal control over financial reporting to be designed under our supervision,
to provide reasonable assurance regarding the reliability of financial reporting
and the preparation of financial statements for external purposes in accordance
with generally accepted accounting principles;

c.     Evaluated the effectiveness of the small business issuer's disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; and

5.     The small business issuer's other certifying officer(s) and I have
disclosed, based on our most recent evaluation of internal control over
financial reporting, to the small business issuer's auditors and the audit
committee of the small business issuer's board of directors (or persons
performing the equivalent functions):

a.     All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably
likely to adversely affect the small business issuer's ability to record,
process, summarize and report financial information; and

b.     Any fraud, whether or not material, that involves management or other
employees who have a significant role in the small business issuer's internal
control over financial reporting.

Date: September 7, 2004


/s/ Kevan Casey
-------------------------
Kevan Casey, Chief Executive Officer


<PAGE>
**Exhibit32.1**

**CERTIFICATION PURSUANT TOSECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002**

Inconnection with the Quarterly Report of Blount International, Inc. (the “Company”)on Form 10-Q for the period ended June 30, 2006 as filed with the Securitiesand Exchange Commission on the date hereof (the “Report”), I, James S.Osterman, President and Chief Executive Officer of the Company, certify,pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 ofthe Sarbanes-Oxley Act of 2002, that:

(i)            The Report fullycomplies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934; and

(ii)           The informationcontained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company as of the datesand for the periods expressed in the report.

A signed original of thiswritten statement required by Section 906 has been provided to BlountInternational, Inc. and will be retained by Blount International, Inc. andfurnished to the Securities and Exchange Commission or its staff upon request.

Date:August 8, 2006
| /s/ James S. Osterman     |   |
|---------------------------|--------|
| James S. Osterman         |
| Chairman of the Board and |
| Chief Executive Officer   |

 

----
#### Ben J. MULLINS, Petitioner-Appellant, v. Claude CHESTER, Respondent-Appellee.

No. 10-3309.

United States Court of Appeals, Tenth Circuit.

June 3, 2011.

Ben J. Mullins, Leavenworth, KS, pro se.

Before O’BRIEN, McKAY, and TYMKOVICH, Circuit Judges.

ORDER AND JUDGMENT*

MONROE G. McKAY, Circuit Judge.

After examining Appellant’s brief and the appellate record, this panel has determined unanimously that oral argument would not materially assist in the determination of this appeal. *See*Fed. R.App. P. 34(a)(2); 10th Cir. R. 34.1(G). This case is therefore ordered submitted without oral argument.

Appellant, a federal prisoner proceeding *pro se,*appeals from the district court’s dismissal of his 28 U.S.C. § 2241 habeas petition. We affirm. The district court correctly held that Appellant’s challenges to the legality and jurisdictional basis of his conviction needed to be brought under § 2255, not § 2241, and therefore needed to be filed in the Western District of Missouri, the court in which Appellant was *795convicted and sentenced. *See Bradshaw v. Story,*86 F.3d 164, 166 (10th Cir.1996). The fact that Appellant may be precluded from filing a second § 2255 petition in that court does not establish that the remedy under § 2255 is inadequate. *See Caravalho v. Pugh,*177 F.3d 1177, 1179 (10th Cir.1999). Because our precedent clearly foreclosed Appellant’s attempt to challenge his conviction through a § 2241 motion, we also see no error in the district court’s denial of Appellant’s application to proceed without prepayment of fees on appeal.

For substantially the same reasons stated by the district court, we AFFIRM the district court’s rulings and DENY Appellant’s *in forma pauperis*motion to this court. Appellant is ordered to immediately pay his appellate filing fees in full.

*

 This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R.App. P. 32.1 and 10th Cir. R. 32.1.
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 Health and Human Services

###### National Institutes of Health

Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting.

The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

*Name of Committee:*                         National Institute of Allergy and Infectious Diseases Special Emphasis Panel; NIAID Investigator Initiated Program Project Applications (P01 Clinical Trial Not Allowed).                    

*Date:*                         October 13, 2021.                    

*Time:*                         11:00 a.m. to 5:00 p.m.                    

*Agenda:*                         To review and evaluate grant applications.                    

*Place:*                         National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G58, Rockville, MD 20892 (Virtual Meeting).                    

*Contact Person:*                         Anuja Mathew, Ph.D.,  Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, National Institute of Allergy and Infectious Diseases, National Institutes of Health, 5601 Fishers Lane, Room 3G58, Rockville, MD 20852, 301-761-6911,                         *anuja.mathew@nih.gov.*

(Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)

Dated: September 13, 2021. 

Tyeshia M. Roberson-Curtis,

Program Analyst, Office of Federal Advisory Committee Policy.

[FR Doc. 2021-20109 Filed 9-16-21; 8:45 am]

BILLING CODE 4140-01-P
Exhibit 32.2


                                  CERTIFICATION


     In connection with the quarterly report on Form 10-Q of Investors Capital
Holdings, Ltd. (the "Company") for the period ended September 30, 2003 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
the undersigned, Timothy B. Murphy, Chief Financial Officer of the Company,
hereby certifies, pursuant to 18 U.S.C. Section 1350, that:

(1)  the Report fully complies with the requirements of Section 13(a) or 15(d)
     of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) of 78(d); and

(2)  the information contained in the Report fairly presents, in all material
     respects, the financial condition and results of operations of Investors
     Capital Holdings, Ltd.





Date:    November 14, 2003                  By:  /s/ Timothy B. Murphy
                                               -------------------------------
                                                     Timothy B. Murphy
                                                     Chief Financial Officer
(August 25, 1987)

#### The People of the State of New York ex rel. Ernest Davis, Petitioner, v Eugene LeFevre, as Superintendent of Clinton Correctional Facility, Respondent.

Application, pursuant to CPLR 7002 (b) (2), for writ of habeas corpus denied *(see, People ex rel. Davis v Coombe,*97 AD2d 667). Mahoney, P. J., Kane, Main, Levine and Harvey, JJ., concur.
#### TRUSTEES OF FREEHOLDERS AND COMMONALTY OF TOWN OF SOUTHAMPTON, Appellants, v. BETTS et al., Respondents.

(Supreme Court, Appellate Division, Second Department.

December 22, 1896.)

Action by the trustees of the freeholders and commonalty of the town of Southampton against Frederic H. Betts and St. Andrews Dune Church.

No opinion. The court being unable to decide this case, reargument is ordered, and it is transferred to the First department.
H. R. 2559 

One Hundred Fourteenth Congress 

of the 

United States of America 

AT THE FIRST SESSION 

Begun and held at the City of Washington on Tuesday, 

the sixth day of January, two thousand and fifteen 

An Act 

To designate the ‘‘PFC Milton A. Lee Medal of Honor Memorial Highway’’ in 

the State of Texas. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. DESIGNATION. 

The segment of Interstate Route 10 between milepost 535 and 

milepost 545 at Kendall County, Texas, shall be known and designated as the ‘‘PFC Milton A. Lee Medal of Honor Memorial 

Highway’’. 

SEC. 2. REFERENCES. 

Any reference in a law, map, regulation, document, paper, 

or other record of the United States to the segment of Interstate 

Route 10 referred to in section 1 shall be deemed to be a reference 

to the ‘‘PFC Milton A. Lee Medal of Honor Memorial Highway’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
<TABLE> <S> <C>

<PAGE>
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<CASH>                                           2,845
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<RECEIVABLES>                                    9,346
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<CURRENT-ASSETS>                                13,343
<PP&E>                                           4,337
<DEPRECIATION>                                   1,135
<TOTAL-ASSETS>                                  19,942
<CURRENT-LIABILITIES>                           11,783
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
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<COMMON>                                            49
<OTHER-SE>                                       8,110
<TOTAL-LIABILITY-AND-EQUITY>                    19,942
<SALES>                                         21,510
<TOTAL-REVENUES>                                30,131
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<TOTAL-COSTS>                                   20,322
<OTHER-EXPENSES>                                 7,632
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<INTEREST-EXPENSE>                                  20
<INCOME-PRETAX>                                  2,437
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<INCOME-CONTINUING>                              1,903
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<EPS-PRIMARY>                                     0.40
<EPS-DILUTED>                                     0.37


</TABLE>
I 

114TH CONGRESS 

1ST SESSION H. R. 2379 

To prohibit the transportation of certain volatile crude oil by rail. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 15, 2015 

Mrs. LOWEY (for herself and Mr. GARAMENDI) introduced the following bill; 

which was referred to the Committee on Transportation and Infrastructure 

A BILL 

To prohibit the transportation of certain volatile crude oil 

by rail. 

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

3 SECTION 1. TRANSPORTATION OF CRUDE OIL BY RAIL. 

4 (a) AMENDMENT.—Subchapter II of chapter 201 of 

5 title 49, United States Code, is amended by adding at the 

6 end the following new section: 

7 ‘‘§ 20168. Transportation of crude oil. 

8 ‘‘(a) INITIAL RULE.—Effective on the date of enact9 ment of this section, no crude oil with a Reid vapor pres10 sure level greater than 8.5 psi may be transported by rail 

11 in interstate commerce. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 2379 IH

1 ‘‘(b) MAXIMUM VOLATILITY STANDARD.—The Sec2 retary of Transportation, in consultation with the Sec3 retary of Energy, shall establish an appropriate national 

4 standard for the maximum volatility of crude oil to be per5 mitted to be shipped by rail. 

6 ‘‘(c) SUBSEQUENT RULE.—After a standard is estab7 lished under subsection (b), no crude oil with a volatility 

8 level greater than that standard may be transported by 

9 rail in interstate commerce, and the rule under subsection 

10 (a) shall expire.’’. 

11 (b) CONFORMING AMENDMENT.—The table of sec12 tions of such subchapter is amended by adding after the 

13 item relating to section 20167 the following: 

‘‘20168. Transportation of crude oil.’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS
IIB 

114TH CONGRESS 

2D SESSION H. R. 2460 

IN THE SENATE OF THE UNITED STATES 

MAY 24, 2016 

Received; read twice and referred to the Committee on Veterans’ Affairs 

AN ACT 

To amend title 38, United States Code, to improve the 

provision of adult day health care services for veterans. 

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


emcdonald on DSK9F6TC42PROD with BILLS
2 

HR 2460 RFS 

1 SECTION 1. PROVISION OF ADULT DAY HEALTH CARE 

2 SERVICES FOR VETERANS. 

3 (a) IN GENERAL.—Section 1745 of title 38, United 

4 States Code, is amended— 

5 (1) by adding at the end the following new sub6 section: 

7 ‘‘(d)(1) The Secretary shall enter into an agreement 

8 under section 1720(c)(1) of this title or a contract with 

9 each State home for payment by the Secretary for adult 

10 day health care provided to a veteran who is eligible for, 

11 but does not receive, nursing home care pursuant to sub12 section (a). 

13 ‘‘(2) Payment under each agreement or contract be14 tween the Secretary and a State home under paragraph 

15 (1) for each veteran who receives care under such para16 graph shall be made at a rate that is equal to 65 percent 

17 of the payment that the Secretary would pay to the State 

18 home pursuant to subsection (a)(2) if the veteran received 

19 nursing home care under subsection (a) rather than under 

20 paragraph (1) of this subsection. 

21 ‘‘(3) Payment by the Secretary under paragraph (1) 

22 to a State home for adult day health care provided to a 

23 veteran described in that paragraph constitutes payment 

24 in full to the State home for such care furnished to that 

25 veteran.’’; and 


emcdonald on DSK9F6TC42PROD with BILLS
3 

HR 2460 RFS 

1 (2) in the heading, by inserting ‘‘, adult day 

2 health care,’’ after ‘‘home care’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of chapter 17 of such title is amended 

5 by striking the item relating to section 1745 and inserting 

6 the following new item: 

‘‘1745. Nursing home care, adult day health care, and medications for veterans 

with service-connected disabilities.’’. 

Passed the House of Representatives May 23, 2016. 

Attest: KAREN L. HAAS, 

Clerk. 


emcdonald on DSK9F6TC42PROD with BILLS
# C_2021372EN.01000401.xml

| 16.9.2021 | EN | Official Journal of the European Union | C 372/4 |
| --- | --- | --- | --- |

16.9.2021

EN

Official Journal of the European Union

C 372/4

---

Special Report 18/2021

Commission’s surveillance of Member States exiting a macroeconomic adjustment programme: an appropriate tool in need of streamlining

(2021/C 372/03)

The European Court of Auditors hereby informs you that Special Report 18/2021 ‘Commission’s surveillance of Member States exiting a macroeconomic adjustment programme: an appropriate tool in need of streamlining’ has just been published.

The report can be accessed for consultation or downloading on the European Court of Auditors’ website: http://eca.europa.eu.

---