alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
ATTORNEY’S AFFIDAVIT 

IN SUPPORT OF MOTION TO VACATE 

PROCESS OF MARITIME 

ATTACHMENT 

EXHIBIT 21 

Case 1:07-cv-05730-BSJ Document 12-22 Filed 07/23/2007 Page 1 of 10
Case 1:07-cv-05730-BSJ Document 12-22 Filed 07/23/2007 Page 2 of 10
Case 1:07-cv-05730-BSJ Document 12-22 Filed 07/23/2007 Page 3 of 10
Case 1:07-cv-05730-BSJ Document 12-22 Filed 07/23/2007 Page 4 of 10
Case 1:07-cv-05730-BSJ Document 12-22 Filed 07/23/2007 Page 5 of 10
Case 1:07-cv-05730-BSJ Document 12-22 Filed 07/23/2007 Page 6 of 10
Case 1:07-cv-05730-BSJ Document 12-22 Filed 07/23/2007 Page 7 of 10
Case 1:07-cv-05730-BSJ Document 12-22 Filed 07/23/2007 Page 8 of 10
Case 1:07-cv-05730-BSJ Document 12-22 Filed 07/23/2007 Page 9 of 10
Case 1:07-cv-05730-BSJ Document 12-22 Filed 07/23/2007 Page 10 of 10
<PAGE>


                                                                  EXHIBIT 10.41

                                RELEASE OF PLEDGE



         THIS RELEASE OF PLEDGE (this "RELEASE") is dated as of December 21,
1999, and is made by BANKERS TRUST COMPANY as Collateral Agent under that
certain Pledge Agreement dated as of June 25, 1998 (the "PLEDGE AGREEMENT")
by and between BMC Industries, Inc. ("BMC") and Bankers Trust Company
("COLLATERAL AGENT").

         The pledge made by BMC to Collateral Agent of 65% of the equity of
Buckbee-Mears Europe GmbH under the Pledge Agreement is hereby released.




                                            BANKERS TRUST COMPANY, as
                                            Collateral Agent

                                            By:   /s/Robert R. Telesca
                                               -------------------------------
                                            Name:   Robert R. Telesca
                                                 -----------------------------
                                            Title:   Assistant Vice President
                                                  ----------------------------
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
unaudited financial statements of Telecommunications Income Fund XI, L.P. as of
September 30, 2000, and the nine months ended September 30, 2000, and is
qualified in its entirety by reference to such financial statements.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<CASH>                                             495
<SECURITIES>                                    99,787
<RECEIVABLES>                               13,461,720
<ALLOWANCES>                                 (323,440)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              13,240,548
<CURRENT-LIABILITIES>                        3,005,463
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             0
<OTHER-SE>                                  10,235,085
<TOTAL-LIABILITY-AND-EQUITY>                13,240,548
<SALES>                                              0
<TOTAL-REVENUES>                             1,027,649
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               370,251
<LOSS-PROVISION>                                82,642
<INTEREST-EXPENSE>                              75,718
<INCOME-PRETAX>                                499,038
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            499,038
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   499,038
<EPS-BASIC>                                      39.63<F1>
<EPS-DILUTED>                                    39.63<F1>
<FN>
<F1>Net Income (Loss) per Partnership Unit
</FN>


</TABLE>
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 784 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 784

   To amend title 38, United States Code, to direct the Secretary of 
 Veterans Affairs to submit to Congress quarterly reports on vacancies 
   in mental health professional positions in Department of Veterans 
                      Affairs medical facilities.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2009

  Ms. Tsongas (for herself and Mr. Michaud) introduced the following 
     bill; which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
   To amend title 38, United States Code, to direct the Secretary of 
 Veterans Affairs to submit to Congress quarterly reports on vacancies 
   in mental health professional positions in Department of Veterans 
                      Affairs medical facilities.

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

SECTION 1. QUARTERLY REPORTS ON VACANCIES IN MENTAL HEALTH PROFESSIONAL 
              POSITIONS AT DEPARTMENT OF VETERANS AFFAIRS MEDICAL 
              FACILITIES.

    (a) Quarterly Reports Required.--Subchapter I of chapter 74 of 
title 38, United States Code, is amended by adding at the end the 
following new section:
``Sec. 7412. Quarterly reports on vacancies in mental health 
              professional positions
    ``(a) Reports Required.--(1) Not later than 30 days after the last 
day of a fiscal quarter, the Secretary shall submit to Congress a 
report describing any vacancy in a mental health professional position 
at any medical facility of the Department. In each such report, the 
Secretary shall indicate, for each such vacancy, the Veterans 
Integrated Service Network to which the facility with the vacancy is 
assigned.
    ``(2) For purposes of this section, the term `mental health 
professional' includes psychiatrists, psychologists, social workers, 
marriage and family therapists, and licensed professional mental health 
counselors.
    ``(b) Termination.--No report shall be required to be submitted 
under this section after December 31, 2014.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by adding at the end of the items relating to 
subchapter I the following new item:

``7412. Quarterly reports on vacancies in mental health professional 
                            positions.''.
                                 <all>
```
#### The People of the State of New York, Respondent, v *353Donald Musmacher, Also Known as Donald Walsh, Appellant.

—Appeal by the defendant from a judgment of the County Court, Suffolk County (Friedlander, J.), rendered October 27, 1982, convicting him of grand larceny in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We do not reach the propriety of the trial court’s *Huntley*ruling since the alleged statements made by the defendant to the police were not introduced at trial on the People’s direct case. While the prosecutor referred to these admissions in his opening statement, it is a basic rule of law that an opening statement is not evidence, and the jury was so advised by the court, and by both the prosecutor and the defense counsel. Thus, any possible prejudice arising therefrom was obviated *(see, People v Escala,*128 AD2d 546).

With respect to that branch of the defendant’s omnibus motion which was to suppress certain physical evidence, we agree with the hearing court that the defendant failed to present any facts which would raise an issue regarding the legality of the search of the defendant’s person which resulted in the seizure of an ammunition clip.

Further, there is no reason to disturb the court’s determination, made after a hearing pursuant to CPL 400.21 (7), that the defendant had been previously convicted of a felony, which conviction had not been obtained in violation of his constitutional rights. Moreover, the sentence was not excessive.

The defendant’s remaining contentions, including those presented in his *pro se*letter dated March 24, 1987, in which he requests, *inter alia,*that we strike the respondent’s brief, are found to be either unpreserved for appellate review or without merit. Mollen, P. J., Mangano, Brown and Lawrence, JJ., concur.
<PAGE>
 
                        INDEPENDENT ACCOUNTANTS' CONSENT




Image Entertainment, Inc.
Chatsworth, California

We consent to incorporation by reference in the registration statements (Nos.
33-43241, 33-55393 and 33-57336) all on Form S-8 of Image Entertainment, Inc. of
our report dated May 29, 1998 except for Note 8, as to which the date is June
18, 1998, relating to the consolidated balance sheets of Image Entertainment,
Inc. as of March 31, 1998 and 1997, and the related consolidated statements of
operations, shareholders' equity, and cash flows for each of the years in the
three-year period ended March 31, 1998, and the related schedule, which report
appears in the March 31, 1998 annual report on Form 10-K of Image Entertainment,
Inc., as amended.

                                                /s/ KPMG Peat Marwick LLP

Los Angeles, California
November 25, 1998
Exhibit 31.1

                    Sarbanes-Oxley Section 302 Certification

      I, William M. Lasky, certify that:

      1. I have reviewed this annual report on Form 10-K/A of JLG Industries,
Inc.;

      2. Based on my knowledge, this annual 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 annual
report;

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

      4. The registrant's other certifying officer 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)) for the registrant and we 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 registrant, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this annual report is being prepared;

      b) evaluated the effectiveness of the registrant'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 annual report based on such evaluation; and

      c) disclosed in this report any change in the registrant's internal
control over financial reporting that occurred during the registrant's fourth
fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

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

      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 registrant'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 registrant's internal control over
financial reporting.

                                 Date: March 16, 2004


                                 /s/ William M. Lasky
                                 -----------------------------------------------
                                 William M. Lasky
                                 Chairman, President and Chief Executive Officer
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

JUDITH H. WEISS, 

 Plaintiff(s), 

-againstFRANCES M. CREEM and BETTY M. OLSEN, 

 

 Defendant(s). 

AFFIDAVIT OF SERVICE 

Index No. 07CV5712 

STATE OF NEW YORK, COUNTY OF SUFFOLK 

GILLIAN N. ERICKSON, being duly sworn, deposes and says: deponent is not a party to the 

action, is over 18 years of age and resides at Westhampton, New York. 

On March 28, 2008, deponent served the within AFFIRMATION upon the attorney(s) and/or 

the parties listed herein, at the address(es) designated by said attorney(s) for that purpose by 

depositing a true copy of same enclosed in a post-paid properly addressed wrapper, in - a 

post office - official depository under the exclusive care and custody of the United States Postal 

Service within the State of New York. 

Friedman, Friedman, Chiaravalloti & Giannini 

2 Rector Street, 21st Floor 

New York, New York 10006 

James G. Bilello & Associates 

875 Merrick Avenue 

Westbury, New York 11590 

I declare under penalty of perjury that the foregoing is true and correct. 

 /S/ 

GILLIAN N. ERICKSON 

Sworn to before me this 

 28th day of March, 2008 

 /S/ 

 PAMELA J. CASTELLI 

 NOTARY PUBLIC-STATE OF NEW YORK 

 NO. 01CA6162097 

 QUALITIED IN SUFFOLK COUNTY 

 COMMISSION EXPIRES MARCH 5, 2011 

Case 1:07-cv-05712-MHD Document 26 Filed 03/28/2008 Page 1 of 1
**EXHIBIT 23.2**

 

**Consent of Independent Registered PublicAccounting Firm**

 

Image Entertainment, Inc.

Chatsworth, California

 

We consent tothe incorporation by reference in the registration statements (No. 33-43241,No. 33-55393 and No. 33-57336) on Form S-8 and the registrationstatement (No. 333-121912) on Form S-3 of Image Entertainment, Inc.of our report dated June 25, 2004, relating to the consolidated balancesheets of Image Entertainment, Inc. as of March 31, 2004, and therelated consolidated statements of operations, shareholders’ equity, and cashflows for each of the years in the two-year period ended March 31, 2004,and the related financial statement schedule as of and for each of theyears in the two-year period ended March 31, 2004, which report appears inthe March 31, 2005 annual report on Form 10-K of Image Entertainment, Inc.   Our report refers to a change in the methodof accounting for goodwill and other intangible assets.

 

 
| /s/ KPMG LLP |   |
|--------------|--------|

 

Los Angeles, California

June 14, 2005

 

----
Exhibit 32.2 CERTIFICATION PURSUANT
TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF
2002 In
connection with the Annual Report of JLG Industries, Inc. (the Company) on
Form 10-K for the period ended July 31, 2004 as filed with the Securities and Exchange
Commission on the date hereof (the Report), I, James H. Woodward, Jr.,
Executive Vice President and Chief Financial Officer of the Company, certify, pursuant to
18 U.S.C. §1350, as adopted pursuant to § 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 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/ James H. Woodward, Jr.
      
      James H. Woodward, Jr.
      Executive Vice President and Chief Financial Officer
      October 6, 2004  The
foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and
is not being filed as part of the Report or as a separate disclosure document. This
certification shall not be deemed filed for purposes of Section 18 of the
Securities Exchange Act of 1934 (Exchange Act) or otherwise subject to
liability under that section. This certification shall not be deemed to be incorporated
by reference into any filing under the Securities Act of 1933 or the Exchange Act except,
to the extent this Exhibit 32.2 is specifically incorporated by reference in any such
filing. A
signed original of this written statement required by Section 906 has been provided to
JLG Industries, Inc. and will be retained by JLG Industries, Inc. and furnished to the
Securities and Exchange Commission or its staff upon request.
#### HUGHES, Respondent, v. KELLEY, Appellant.

(Supreme Court, General Term, Fourth Department.

May 18, 1894.)

Action by John F. Hughes against Michael F. Kelley.

Argued before HARDIN, P. J., and MARTIN and MERWIN, JJ.

No opinion. Judgment and order reversed on exceptions, and a new trial ordered, with costs to abide the event. Held, there was an error in admitting evidence of the entries by the plaintiff in his books of account.
#### Robert A. KOLWITZ; Nancy Kolwitz, Plaintiffs-Appellants, v. LINCOLN COUNTY, OREGON, a political subdivision of the State of Oregon, by and through the LINCOLN COUNTY SHERIFF’S OFFICE, Defendant-Appellee.

No. 11-35593.

United States Court of Appeals, Ninth Circuit.

Submitted May 14, 2013.*

Filed May 23, 2013.

Robert A. Kolwitz, pro se.

Nancy Kolwitz, pro se.

Janet M. Schroer, Leslie A. Edenhofer, Hart Wagner, LLP, Portland, OR, for Defendant-Appellee.

Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.

*

 The panel unanimously concludes this case is suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Robert A. Kolwitz and Nancy Kolwitz appeal pro se from the district court’s summary judgment in their 42 U.S.C. § 1983 action alleging federal constitutional violations and state law claims for defamation, false light, and intentional interference with economic relations. We have jurisdiction under 28 U.S.C. § 1291. We review de novo, *Luchtel v. Hagemann,*623 F.3d 975, 978 (9th Cir.2010), and we affirm.

The district court properly granted summary judgment on the Kolwitzes’ § 1983 claim because the Kolwitzes failed to raise a genuine dispute of material fact as to whether the alleged federal constitutional violations resulted from an official custom, policy, or a failure to train. *See Galen v. County of Los Angeles,*477 F.3d 652, 667 (9th Cir.2007) (discussing requirements for municipal liability under § 1983); *see also Cafasso, U.S. ex rel. v. Gen. Dynamics*C4 *Sys., Inc.,*637 F.3d 1047, 1061 (9th Cir.2011) (“To survive summary judgment, a plaintiff must set forth non-speculative evidence of specific facts, not sweeping con-clusory allegations.”).

The district court properly granted summary judgment on the state law claims because the Kolwitzes failed to raise a triable dispute as to required elements of each of the claims. *See Cafasso,*637 F.3d at 1061; *see also Allen v. Hall,*328 Or. 276, 974 P.2d 199, 202 (1999) (elements of an intentional interference claim under Oregon law); *Reesman v. Highfill,*327 Or. 597, 965 P.2d 1030, 1034 (1998) (for a statement to be actionable under Oregon law, the statement at issue must be both defamatory and false); *Muresan v. Phila. Romanian Pentecostal Church,*154 Or.App. 465, 962 P.2d 711, 716-17 (1998) (to state a claim for false light under Oregon law, the plaintiff must establish actual malice).

We do not consider arguments and allegations raised for the first time on appeal. *See Padgett v. Wright,*587 F.3d 983, 985 n. 2 (9th Cir.2009) (per curiam). *571We do not consider any documents that are not part of the district court record. *See*Fed. R.App. P. 10(a); *Kirshner v. Uniden Corp. of Am.,*842 F.2d 1074, 1077 (9th Cir.1988).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
I 

111TH CONGRESS 

1ST SESSION H. R. 774 

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

46–02 21st Street in Long Island City, New York, as the ‘‘Geraldine 

Ferraro Post Office Building’’. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 28, 2009 

Mrs. MALONEY (for herself, Mr. CROWLEY, Mr. WEINER, Mr. HIGGINS, Mr. 

HINCHEY, Mr. ACKERMAN, Mr. NADLER of New York, Mr. MCHUGH, 

Mr. SERRANO, Mr. ENGEL, Mr. TOWNS, Mrs. MCCARTHY of New York, 

Mrs. LOWEY, Mr. ISRAEL, Mr. RANGEL, Mr. HALL of New York, Mr. 

LEE of New York, and Mr. KING of New York) introduced the following 

bill; which was referred to the Committee on Oversight and Government 

Reform 

A BILL 

To designate the facility of the United States Postal Service 

located at 46–02 21st Street in Long Island City, New 

York, as the ‘‘Geraldine Ferraro Post Office Building’’. 

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

3 SECTION 1. GERALDINE FERRARO POST OFFICE BUILDING. 

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

5 Postal Service located at 46–02 21st Street in Long Island 

6 City, New York, shall be known and designated as the 

7 ‘‘Geraldine Ferraro Post Office Building’’. 


rfrederick on PROD1PC67 with BILLS
2 

•HR 774 IH

1 (b) REFERENCES.—Any reference in a law, map, reg2 ulation, document, paper, or other record of the United 

3 States to the facility referred to in subsection (a) shall 

4 be deemed to be a reference to the ‘‘Geraldine Ferraro 

5 Post Office Building’’. 

Æ 


rfrederick on PROD1PC67 with BILLS