alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Eastdil Realty, Inc., et al., Appellants, v James J. Gallagher, Respondent.

Order of the Supreme Court, New York County (Martin Stecher, J.), entered November 18, 1988, which granted defendant’s motion to dismiss the* complaint pursuant to CPLR 3211, unanimously affirmed, without costs.

The complaint seeks substantial damages and additional punitive damages based on defendant’s alleged breach of his fiduciary duties to the plaintiffs as their chief investment officer and manager.

Plaintiffs are a real estate investment banking firm, which is parent to the coplaintiff corporation, formed to serve as a registered investment advisor to corporate pension funds under the Employee Retirement Income Security Act of 1974 (ERISA).

It is contended that the defendant violated provisions of that law. The IAS court properly held that any such claim under State law is preempted by ERISA (29 USC § 1144 [a]; *see, Pilot Life Ins. Co. v Dedeaux,*481 US 41; *Metropolitan Life Ins. Co. v Taylor,*481 US 58). The court, however, went on to state that the prohibited transactions occurred either in 1983 or prior thereto and, therefore, the complaint would be time barred under the applicable three-year limitation (29 USC § 1113 [a]).

In affirming, we note that once the determination was made that only the Federal courts have subject matter jurisdiction over ERISA private causes of action, no further finding should have been made *(see, Editorial Photocolor Archives v Granger Collection,*61 NY2d 517), and so, the dictum regarding the Statute of Limitations was superfluous. Concur — Kupferman, J. P., Sullivan, Ross, Asch and Wallach, JJ.
* Pursuant to 5 T H C IR

. R. 47.5, the Court has determined that

this opinion should not be published and is not precedent except

under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

_______________________

No. 02-10255

_______________________

MELODY GIRARD,

Plaintiff-Appellee,

versus

BRINKER INTERNATIONAL PAYROLL CORPORATION,

Defendant-Appellant.

___________________________ ______________________________________

Appeal from the United States District Court

for the Northern District of Texas

Civil Docket #5:00-CV-428-C

_________________________________________________________________

January 14, 2003

Before GARWOOD, JONES, and STEWART, Circuit Judges:

PER CURIAM: *

The court h as carefully considered this appeal of an

award of damages and attorneys fees for Title VII sexual harassment

perpetrated against Ms. Girard while she worked at a Chili’s

restaurant in Lubbo ck, Texas. We have carefully reviewed the

briefs, the jury verdict and pertinent portions of the record.2

Having done so, we are constrained to reverse and render judgment

in favor of appellant Brinker International.

This case is largely resolved by the answers contained in

the jury verdict. We may assume without deciding that the verdict

is sustained by the evidence at least with respect to Girard’s

allegations that her co-workers at Chili’s sexually harassed her

and that Brinker did not make a good faith effort to prevent or

promptly correct the sexual harassment. Nevertheless, and

critically, the jury also found that Girard was not constructively

discharged from employment. Indeed, the record gives every

indication that she simply quit.

In light of this finding, there is no basis for the award

of lost wages and employment benefits to Girard. Because the award

of actual damages cannot be sustained , Girard also loses her

punitive damage award. This court has held in a related context,

involving the Fair Housing Act, t hat a punitive damages award

cannot stand in the absence of an actual damage award unless a

constitutional right has been violated. L ouisiana ACORN Fair

Housing v. Leblanc

, 211 F.3d 298, 303 (5 th Cir. 2000). In so

deciding, we examined caselaw from this and other circuits

interpreting various federal rights statutes. The reasoning of

Louisiana ACORN applies here.

Finally, since Girard’s damage awards fail, there is no

predicate for the court’s award of attorneys fees, be cause “the3

plaintiff’s level of success can critically influence the proper

amount of fees.” T homas v. Texas Dept. o f Criminal Justice , 297

F.3d 361, 373 (5 th Cir. 2002).

For the foregoing reasons, the judgment is REVERSED and

RENDERED in favor of Brinker.
_______________________________________ __ Michigan Supreme Court 

# Order

Lansing, Michigan

April 13, 2006 Clifford W. Taylor, Chief Justice
130017 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan MARGARET ROBERTS, Plaintiff-Appellant, Robert P. Young, Jr. Stephen J. Markman, Justices

v SC: 130017 COA: 254503 Otsego CC: 02-009968-NO COUNTY OF OTSEGO, Defendant-Appellee.

________________ _______________ __________/

On order of the Court, the application for leave to appeal the October 25, 2005 judgment of the Court of Appeals is cons idered, and it is DENIED, because we are not persuaded that the question presented s hould be reviewed by this Court.

C AVANAGH and K ELLY , JJ., would grant leave to appeal.

s0406 I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

April 13, 2006

Clerk
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
on Form 10-Q of Tier Technologies, Inc., (the “Company”), for the period ended
December 31, 2009, as filed with the Securities and Exchange Commission on
the date hereof (the “Report”), the undersigned, Ronald W. Johnston, Chief
Financial 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:  February
      9, 2010
            Ronald
      W. JohnstonRonald
      W. JohnstonChief
      Financial Officer
IIB 

111TH CONGRESS 

2D SESSION H. R. 6399 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17, 2010 

Received; read twice and referred to the Committee on Rules and 

Administration 

AN ACT 

To improve certain administrative operations of the Office 

of the Architect of the Capitol, and for other purposes. 

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


jlentini on DSKJ8SOYB1PROD with BILLS
2 

HR 6399 RFS

1 SECTION 1. CONSOLIDATION OF STAFF POSITIONS. 

2 (a) CONSOLIDATION.—Section 108 of the Legislative 

3 Branch Appropriations Act, 1991 (2 U.S.C. 1849) is 

4 amended to read as follows: 

5 ‘‘SEC. 108. The Architect of the Capitol may fix the 

6 rate of basic pay for not more than 32 positions at a rate 

7 not to exceed the highest total rate of pay for the Senior 

8 Executive Service under subchapter VIII of chapter 53 of 

9 title 5, United States Code, for the locality involved.’’. 

10 (b) CONFORMING AMENDMENT.—Section 1203(e) of 

11 the Legislative Branch Appropriations Act, 2003 (2 

12 U.S.C. 1805(e)) is amended by striking paragraph (3). 

13 (c) EFFECTIVE DATE.—The amendments made by 

14 this section shall apply with respect to pay periods begin15 ning on or after the date of the enactment of this Act. 

16 SEC. 2. AVAILABILITY OF APPROPRIATED FUNDS TO AC17 QUIRE BUILDING. 

18 (a) AVAILABILITY.—The amounts described in sub19 section (b) shall be available to the Architect of the Capitol 

20 for the acquisition (through purchase, lease, transfer from 

21 another Federal entity, or otherwise) of real property for 

22 the use of the Capitol Police. 

23 (b) AMOUNTS DESCRIBED.—The amounts described 

24 in this subsection are amounts appropriated to, and re25 maining available for obligation by, the Architect of the 

26 Capitol under the heading ‘‘Architect of the Capitol, CapVerDate Mar 15 2010 23:19 Nov 17, 2010 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6399.RFS H6399

jlentini on DSKJ8SOYB1PROD with BILLS
3 

HR 6399 RFS

1 itol Police Buildings and Grounds’’ or under the heading 

2 ‘‘Architect of the Capitol, Capitol Police Buildings, 

3 Grounds and Security’’ in any Act making appropriations 

4 for the legislative branch for fiscal years 2007 through 

5 2010. 

Passed the House of Representatives November 16, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


jlentini on DSKJ8SOYB1PROD with BILLS
UNITED STATES DISTRICT COURT I:~~:r;:f SOUTHERN DISTRICT OF NEW YORK
 

VICTORIA FULLER, 

-vPlaintiff, 

INTERVIEW, INC., et ai., 

Defendants. 

RICHARD J. SULLIVAN, District Judge: 

ELECTRON1CALLY FILED 

DOC #: ~r---~-I DATE FILE~: 11/ 16] 0 '1 

No. 07 Civ. 5728 (RJ~) (DCF) 

ORDER 

The Court is in receipt of Plaintiffs November 16, 2009 letter, which re~uests a three-day 

I 

extension ofthe deadline to file a reply in support ofher objections to Magistrat1 Judge Freeman's 

I 

September 30, 2009 Order. Defendant consents to this request. Accordingly, ar)d despite the fact 

! 

that the request was submitted on the very same day that the reply was due, in cohtravention ofmy I 

i 

I 

individual practices, the request is hereby GRANTED. Plaintiffshall submit her r~ply by November 

! 

19, 2009. No further extensions shall be granted. Future requests of this nature~ however, should ! 

be submitted by email, rather than filed on ECF, as stated in my individual practtces. The clerk of 

the court is respectfully directed to terminate the motion that appears at documeht number 48. 

I 

SO ORDERED. I 

DATED: November 16,2009 

New York, New York 

UNITED STATES DIST~CT JUDGE 

Case 1:07-cv-05728-RJS-DCF Document 49 Filed 11/16/09 Page 1 of 1
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          JUN-30-1999
<PERIOD-START>                             JUL-01-1998
<PERIOD-END>                               DEC-31-1998
<CASH>                                          17,946
<SECURITIES>                                     5,541
<RECEIVABLES>                                    5,828
<ALLOWANCES>                                       531
<INVENTORY>                                      1,510
<CURRENT-ASSETS>                                31,364
<PP&E>                                           6,611
<DEPRECIATION>                                   5,035
<TOTAL-ASSETS>                                  34,419
<CURRENT-LIABILITIES>                            5,193
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        16,271
<OTHER-SE>                                      12,955
<TOTAL-LIABILITY-AND-EQUITY>                    34,419
<SALES>                                              0
<TOTAL-REVENUES>                                18,268
<CGS>                                                0
<TOTAL-COSTS>                                    4,212
<OTHER-EXPENSES>                                11,357
<LOSS-PROVISION>                                    71
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  3,260
<INCOME-TAX>                                     1,172
<INCOME-CONTINUING>                              2,088
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     2,088
<EPS-PRIMARY>                                     0.40
<EPS-DILUTED>                                     0.39
        

</TABLE>
<PAGE>

                                                                      Exhibit 32

    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 filing of the Annual Report on Form 10-K of
Pro-Fac Cooperative, Inc. for the fiscal year ended June 24, 2006, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, Stephen R. Wright, hereby certifies, pursuant to 18 U.S.C.
'SS'1350, as adopted pursuant to 'SS'906 of the Sarbanes-Oxley Act of 2002,
that, to my knowledge:

         (1) The Report fully complies with the requirements of Section 13(a) or
Section 15(d), as applicable, 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 Pro-Fac
Cooperative, Inc.

<TABLE>
<S>                                                    <C>
Dated:         September 20, 2006                           /s/ Stephen R. Wright
         -----------------------------------          --------------------------------------------
                                                      General Manager, Chief Executive
                                                      Officer, Chief Financial Officer
                                                      and Secretary
                                                      (Principal Executive Officer and
                                                       Principal Financial Officer)
</TABLE>
[ARTICLE]  5
[MULTIPLIER] 1
<TABLE>
<S>                                 <C>
[PERIOD-TYPE]                      12-MOS
[FISCAL-YEAR-END]                               SEP-30-1997
[PERIOD-END]                                    SEP-30-1997
[CASH]                                               10,675
[SECURITIES]                                          2,720
[RECEIVABLES]                                       615,566
[ALLOWANCES]                                              0
[INVENTORY]                                               0
[CURRENT-ASSETS]                                      7,170
[PP&E]                                               31,848
[DEPRECIATION]                                            0
[TOTAL-ASSETS]                                      667,979
[CURRENT-LIABILITIES]                                 7,746
[BONDS]                                                   0
[PREFERRED-MANDATORY]                                     0
[PREFERRED]                                               0
[COMMON]                                          3,780,765
[OTHER-SE]                                              100
[TOTAL-LIABILITY-AND-EQUITY]                        667,979
[SALES]                                                   0
[TOTAL-REVENUES]                                    116,385
[CGS]                                                     0
[TOTAL-COSTS]                                       112,831
[OTHER-EXPENSES]                                          0
[LOSS-PROVISION]                                          0
[INTEREST-EXPENSE]                                        0
[INCOME-PRETAX]                                       3,554
[INCOME-TAX]                                              0
[INCOME-CONTINUING]                                       0
[DISCONTINUED]                                            0
[EXTRAORDINARY]                                           0
[CHANGES]                                                 0
[NET-INCOME]                                          3,554
[EPS-PRIMARY]                                             0
[EPS-DILUTED]                                             0
</TABLE>
EXHIBIT 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

I, Clifford K. Bown,
certify, based upon a review of the Quarterly Report on Form 10-Q for VASCO Data Security International, Inc. for the quarter ended on September 30, 2008, that to the best of my knowledge:



| | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------



| | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.
| | --- | -------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                    
|----------------------------------------------------
|/s/ Clifford K. Bown                                
|Clifford K. Bown                                    
|Executive Vice President and Chief Financial Officer
|November 7, 2008
#### *In re*JACKSON, William Ramon

(MR 20903)

Chicago, IL

Order of the Court:

The motion by the Administrator of the Attorney Registration and Disciplinary Commission to approve and confirm the report and recommendation of the Hearing Board is allowed, and respondent William Ramon Jackson is disbarred
Case 1:07-cv-05729-JSR     Document 16-7      Filed 07/27/2007     Page 1 of 6

Case 1:07-cv-05729-JSR     Document 16-7      Filed 07/27/2007     Page 2 of 6

Case 1:07-cv-05729-JSR     Document 16-7      Filed 07/27/2007     Page 3 of 6

Case 1:07-cv-05729-JSR     Document 16-7      Filed 07/27/2007     Page 4 of 6

Case 1:07-cv-05729-JSR     Document 16-7      Filed 07/27/2007     Page 5 of 6

Case 1:07-cv-05729-JSR     Document 16-7      Filed 07/27/2007     Page 6 of 6
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
        This schedule  contains  summary  financial  information  extracted from
        Electric  Lightwave,  Inc.'s Consolidated  Financial  Statements for the
        period  ended  March 31, 2000 and is  qualified  in its entirety by
        reference to such financial statements.
</LEGEND>
<MULTIPLIER>                                   1,000
<CURRENCY>                                     US Dollars

<S>                                            <C>
<PERIOD-TYPE>                                  3-MOS
<FISCAL-YEAR-END>                              Dec-31-2000
<PERIOD-START>                                 Jan-01-2000
<PERIOD-END>                                   Mar-31-2000
<EXCHANGE-RATE>                                1
<CASH>                                         25,990
<SECURITIES>                                   0
<RECEIVABLES>                                  28,896
<ALLOWANCES>                                   0
<INVENTORY>                                    0
<CURRENT-ASSETS>                               63,941
<PP&E>                                         824,671
<DEPRECIATION>                                 88,614
<TOTAL-ASSETS>                                 809,026
<CURRENT-LIABILITIES>                          123,862
<BONDS>                                        682,243
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                       504
<OTHER-SE>                                     (14,039)
<TOTAL-LIABILITY-AND-EQUITY>                   809,026
<SALES>                                        0
<TOTAL-REVENUES>                               56,778
<CGS>                                          0
<TOTAL-COSTS>                                  20,696
<OTHER-EXPENSES>                               11,575
<LOSS-PROVISION>                               0
<INTEREST-EXPENSE>                             15,196
<INCOME-PRETAX>                                (34,904)
<INCOME-TAX>                                   235
<INCOME-CONTINUING>                            (35,139)
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                   (35,139)
<EPS-BASIC>                                    (.70)
<EPS-DILUTED>                                  (.70)



</TABLE>
##### 



EXHIBIT 12. 2
 
       (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 company, 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 company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(d)
    
    Disclosed in this report any change in the companys internal control over financial
reporting that occurred during the period covered by the annual report that has materially
affected, or is reasonably likely to materially affect, the companys internal control over
financial reporting; and




---



##### 



(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 company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 companys internal control over financial reporting.
 /s/ Seiji EnamiSeiji EnamiDirector
and Chief Financial Officer
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

 

        I, D. Beatty D’Alessandro, Senior Vice President and Principal Financial Officer of Graybar Electric Company, Inc. (the “Company”), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:

 

(1)   The Annual Report on Form 10-K of the Company for the annual period ended December 31, 2009 (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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

March 9, 2010

----
Case 1:07-cv-05710-RJH Document 44 Filed 07/19/2007 Page 1 of 2Case 1:07-cv-05710-RJH Document 44 Filed 07/19/2007 Page 2 of 2
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

WILLIAM C. RESCH,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 18 WAL 2020

Petition for Allowance of Appeal 

from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 7th day of January, 2021, the Petition for Allowance of Appeal is 

DENIED.