alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

07-0408-cv

Claude v. Peikes

1 UNITED STATES COURT OF APPEALS

2

3 FOR THE SECOND CIRCUIT

4

5 ____________________________________

6

7 August Term, 2007 

8

9 (Argued: July 17, 2008 Decided: July 25, 2008) 

10

11 Docket No. 07-0408-cv

12

13 ____________________________________

14

15 PHENOL CLAUDE,

16

17 Plaintiff-Appellant,

18

19 – v. –

20

21 RONALD D. PEIKES, COUNTRYWIDE HOME LOANS, INC.,

22

23 Defendants-Appellees.

24

25 ____________________________________

26

27 Before: NEWMAN, CALABRESI, and PARKER, Circuit Judges.

28

29 ____________________________________

30

31 Appeal from a Judgment of the United States District Court for the District of

32 Connecticut (Nevas, J.) approving the magistrate judge’s recommendation that Plaintiff’s claims

33 be dismissed. 

34 AFFIRMED. 

35 _________________________

36
2

1 PHENOL CLAUDE, Hampton, Conn., pro se.

2

3 MICHAEL A. GEORGETTI, Hartford, Conn., for Defendant4 Appellee Ronald D. Peikes

5

6 Zeichner Ellman & Krause LLP, Greenwich, Conn., for Defendant7 Appellee Countrywide Home Loans.

8 _____________________________________

9

10 PER CURIAM:

11 Plaintiff-Appellant Claude Phenol appeals pro se from a District Court order adopting the

12 recommendation of the magistrate judge and dismissing his claims against Defendant-Appellees

13 on the grounds that his claims are time-barred and hence subject to dismissal under Federal Rule

14 of Civil Procedure 12(b)(6). We affirm the decision of the District Court for essentially the

15 reasons given by the magistrate judge.

16 Appellant argues that the District Court did not meet its statutory duty to review the

17 magistrate’s recommendation de novo. There is, however, nothing to suggest that the district

18 court did anything less. In similar cases, the Eighth and the Tenth Circuits have persuasively

19 argued that we should “presume that the district court has made a de novo review unless

20 affirmative evidence indicates otherwise.” Hosna v. Groose, 80 F.3d 298, 306 (8th Cir. 1996);

21 see also Bratcher v. Bray-Doyle Indep. Sch. Dist., 8 F.3d 722, 724 (10th Cir. 1993) (stating that a

22 district court is presumed to have conducted a de novo review of a magistrate judge’s report and

23 recommendation “absent some clear indication otherwise”). For substantially the reasons given in

24 those opinions, we adopt the same rule here.

25 We have considered all of Appellant’s arguments and found them meritless. Accordingly

the judgment of the District Court is AFFIRMED.
# CE2010265EN.01004101.xml

| 30.9.2010 | EN | Official Journal of the European Union | CE 265/41 |
| --- | --- | --- | --- |

30.9.2010

EN

Official Journal of the European Union

CE 265/41

---

Tuesday 20 October 2009Animal health conditions on intra-Community trade in and imports of poultry and eggs (codified version) *

P7_TA(2009)0040

European Parliament legislative resolution of 20 October 2009 on the proposal for a Council directive on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and eggs for hatching (codified version) (COM(2009)0227 – C7-0048/2009 – 2009/0067(CNS))

2010/C 265 E/19

(Consultation procedure – codification)

The European Parliament,

The European Parliament

having regard to the Commission proposal to the Council (COM(2009)0227),

having regard to Article 37 of the EC Treaty, pursuant to which the Council consulted Parliament (C7-0048/2009),

having regard to the Interinstitutional Agreement of 20 December 1994 – Accelerated working method for official codification of legislative texts (1),

1

having regard to Rules 86 and 55 of its Rules of Procedure,

having regard to the report of the Committee on Legal Affairs (A7-0027/2009),

| A. | whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance, |
| --- | --- |

A.

whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the proposal in question contains a straightforward codification of the existing texts without any change in their substance,

| 1. | Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission; |
| --- | --- |

1.

Approves the Commission proposal as adapted to the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;

| 2. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

2.

Instructs its President to forward its position to the Council and the Commission.

---

(1)  OJ C 102, 4.4.1996, p. 2.

1

---
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##### In this section

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              - Equipment and technology (17)
              - Fire investigation (6)
              - Funding (5)
              - Hazmat (14)
              - Health and safety (38)
              - Terrorism (4)
              - Training (6)

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- Wildfire and WUI
EMR - ISAC: Making vital, timely, actionable emergency services sector information easily accessible
Exhibit
32.1








CERTIFICATION
PURSUANT TO 18 U.S.C. SECTION 1350,





AS
ADOPTED PURSUANT TO





SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In connection with the quarterly report
on Form 10-Q of Tier Technologies, Inc., (the “Company”), for the period ended
March 31, 2009, as filed with the Securities and Exchange Commission on the
date hereof (the “Report”), the undersigned, Ronald L. Rossetti, Chief Executive
Officer of the Company, hereby certifies, pursuant to 18 U.S.C. Section 1350,
that, to his knowledge:







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






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







Dated:  May
      11, 2009
            /s/
      Ronald L. RossettiRonald
      L. RossettiChief
      Executive Officer
Exhibit 23.1**CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**We have issued our reports dated February 20, 2006, accompanying the consolidated financialstatements and schedule and management’s assessment of the effectiveness of internal control overfinancial reporting included in the Annual Report of Third Wave Technologies, Inc. and subsidiarieson Form 10-K for the year ended December 31, 2005. We hereby consent to the incorporation byreference of said reports in the Registration Statements of Third Wave Technologies, Inc. on FormsS-8 (File Nos. 333-57664, effective March 27, 2001 and 333-120169, effective November 2, 2004).GRANT THORNTON LLP
Photo credit: Ohio National Guard

# First Responders Need Real-time Hazmat Information at Rail Incidents

**Posted: June 29, 2023**

            -   Find similar articles:
            - Data
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            - Terrorism

            - Share on:
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To get first responders real-time access to train consist information at hazardous materials rail incidents, the Pipeline and Hazardous Materials Safety Administration (PHMSA) is proposing amendments to its Hazardous Materials Regulations pertaining to the Fixing America's Surface Transportation (FAST) Act.

The amendments are designed to strengthen requirements and include requiring railroads to:
            - Maintain current train consists in both hard copy and electronic formats. They are currently only required to maintain hard copies.
            - Actively push train consist information to authorized responders within a 10-mile radius as soon as the railroad is aware of an accident involving any hazardous materials. The current requirement only mandates that this information be made “available” to local responders, who must pull this information themselves.
            - Share this information at all railways. Currently, only class 1 railroad carriers are required to provide train consists to responders, but the proposed amendment would require carriers of all classes to share this information.

These amendments are a response to communication and preparedness challenges experienced by local first responders at several past hazmat rail incidents including the February 3, 2023 Norfolk Southern Railway freight train derailment in East Palestine, Ohio.

For more information and to submit comments on these proposed reforms (before August 28, 2023), see PHMSA’s Federal Register notice.

This article is based on content in theJune 29, 2023 InfoGram.

 Subscribe to the InfoGram
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</TABLE>
#### Gilda Streit et al., Appellants, v State of New York, Respondent.

In a claim to recover damages for wrongful death, the claimant appeals from a judgment of Court of Claims (Silverman, J.), dated November 9, 1987, which, after a nonjury trial, dismissed the claim for failure to make out a prima facie case.

Ordered that the judgment is affirmed, without costs or disbursements.

Upon a review of the record, we agree with Judge Silver-*890man of the Court of Claims that the claimants failed to make out a prima facie showing of negligence against the State *(see generally, Wragge v Lizza Asphalt Constr. Co.,*17 NY2d 313; *Noseworthy v City of New York,*298 NY 76). Thus, the claim was properly dismissed. Thompson, J. P., Bracken, Kunzeman and Spatt, JJ., concur.
H. R. 6400 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

To designate the facility of the United States Postal Service located at 111 North 

6th Street in St. Louis, Missouri, as the ‘‘Earl Wilson, Jr. Post Office’’. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. EARL WILSON, JR. POST OFFICE. 

(a) DESIGNATION.—The facility of the United States Postal 

Service located at 111 North 6th Street in St. Louis, Missouri, 

shall be known and designated as the ‘‘Earl Wilson, Jr. Post Office’’. 

(b) REFERENCES.—Any reference in a law, map, regulation, 

document, paper, or other record of the United States to the facility 

referred to in subsection (a) shall be deemed to be a reference 

to the ‘‘Earl Wilson, Jr. Post Office’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.
Slip Op. 03-136

UNITED STATES COURT OF INTERNATIONAL TRADE

________________________________________

 : UNITED STATES, 

 : 

Plaintiff, 

 : 

v. Court No. 01–00034

 :

NEW-FORM MANUFACTURING 

 COMPANY, LTD., : 

 

 Defendant. : 

________________________________________

JUDGMENT

This action having been duly submitted for decision; and the Court, after due deliberation,

having rendered a decision herein, imposing a civil penalty of $73,867.36 and awarding Plaintiff

interest and costs (see Slip Op. 03-77, 27 CIT ___ (June 30, 2003) ); and

Upon consideration of Plaintiff’s Notice of Filing and Proposed Final Judgment Order, as

well as Plaintiff’s Bill of Costs Against New-Form Manufacturing Company, Ltd., and Position on

the Award of Pre-Judgment Interest; and

In light of Plaintiff’s responses to the questions posed in the Court’s letter of October 15,

2003, as well as Plaintiff’s other representations in the course of the October 20, 2003 teleconference

with the Court in this matter; and

Noting the absence of any opposition or other comment by Defendant;

Now, therefore, in conformity with Slip Op. 03-77, it is hereby
-2-

ORDERED, ADJUDGED and DECREED that Plaintiff recover from Defendant $73,867.36

in penalties; and it is further

ORDERED, ADJUDGED and DECREED that Plaintiff recover from Defendant $1,612.26

for costs incurred in this matter; and it is further

ORDERED, ADJUDGED and DECREED that Defendant pay to Plaintiff post-judgment

interest on the sums awarded as penalties and costs, in accordance with 28 U.S.C. § 1961, from the

date of this Judgment to the date of payment; and it is further

ORDERED, ADJUDGED and DECREED that this action be, and it hereby is, dismissed. 

___________________________________

Delissa A. Ridgway, Judge

Dated: October 22, 2003

New York, New York
Exhibit 10.70


AMENDMENT NO. 1


to the


INTERCONNECTION AGREEMENT


between


VERIZON VIRGINIA INC., f/k/a BELL ATLANTIC -
VIRGINIA, INC.


and


1-800-RECONEX, INC.


          This
Amendment (the “Amendment”) to the Interconnection Agreement between Verizon
Virginia., f/k/a Bell Atlantic – Virginia, Inc. and 1-800-RECONEX, Inc. for the
Commonwealth of Virginia (the “Agreement”) is effective June 14, 2001. 


	
  

 	
  

 
	
  

 	
 Notwithstanding
 any possible contrary construction of this Agreement, Internet Traffic shall
 not be eligible for payment of Reciprocal Compensation under this Agreement .
 The Parties’ rights and obligations with respect to any intercarrier
 compensation that may be due in connection with their exchange of Internet
 traffic shall be governed by the Order on Remand and Report and Order, In the Matter of Implementation of the Local
 Competition Provisions in the Telecommunications Act of 1996, Intercarrier
 Compensation for ISP Bound Traffic, FCC 01-131, CC Docket Nos.
 96-98 and 99-68. 

 



          IN
WITNESS WHEREOF, the Parties hereto have caused this Amendment to be duly
executed and delivered by their duly authorized representatives.


	
  

 	
  

 	
  

 	
  

 	
  

 
	
 1-800-RECONEX,
 Inc.

 	
  

 	
 Verizon
 Virginia

 
	
  

 	
  

 	
  

 	
  

 	
  

 
	
 By:

 	
  

 	
  

 	
 By:

 	
 /s/ Jeffrey
 A. Masoner

 
	
  

 	

 


 	
  

 	
  

 	

 


 






	
  

 	
  

 	
  

 	
  

 	
  

 
	
 Printed:

 	
  

 	
  

 	
 Printed: 

 	
 Jeffrey A.
 Masoner

 
	
  

 	

 


 	
  

 	
  

 	
  

 
	
  

 	

  


 	
  

 	
 Title:
 Vice-President - Interconnection

 Services Policy & Planning

 
	
 Title: