alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

IN RE LOWER MANHATTAN DISASTER 

SITE LITIGATION 

 21 MC 102 (AKH) 

 

JAMES MCCANN, 06-CV-14847 (AKH) 

 

Plaintiff, 

 

-againstNOTICE OF DEFENDANT VERIZON 

NEW YORK INC.’S ADOPTION OF 

ANSWER TO MASTER COMPLAINT 

VERIZON NEW YORK INC., 

et al.

 

 

Defendants. 

PLEASE TAKE NOTICE THAT Defendant Verizon New York Inc. (“Verizon”) 

hereby adopts as its Answer in the instant case its Answer to Plaintiffs’ Master Complaint which 

was filed and served on October 16, 2007 in the matter of In re World Trade Center Lower 

Manhattan Disaster Site Litigation, 21 MC 102 (AKH). In accordance with Case Management 

Order No. 4, the allegations of the instant Check-Off Complaint are deemed to be denied. 

Verizon also incorporates by reference all averments and denials of its Answer to Plaintiffs’ 

Master Complaint as though same were more fully set forth herein at length. Verizon further 

adopts the responses contained in any Amended Answer filed and served herein. 

PLEASE TAKE FURTHER NOTICE that Verizon reserves the right to file and 

serve an amended answer and specifically reserves the right to interpose cross-claims and thirdparty claims. 

WHEREFORE, Verizon demands judgment dismissing the above-captioned 

action as against Verizon, together with its cost and disbursements. 

Case 1:06-cv-14847-AKH Document 8 Filed 12/11/2007 Page 1 of 2
 2 

Dated: November 26, 2007 /s/ Eric F. Leon 

Eric F. Leon 

Lee Ann Stevenson 

Andrew Dunlap 

Michael D. Reisman 

KIRKLAND & ELLIS LLP 

Citigroup Center 

153 East 53rd Street 

New York, New York 10022-4611 

Telephone: (212) 446-4800 

Facsimile: (212) 446-4900 

Attorneys for Defendant Verizon New York Inc.

TO: Christopher LoPalo, Esq. 

WORBY GRONER EDELMAN & NAPOLI BERN, LLP 

115 Broadway, 12th Floor 

New York, New York 10006 

 Robert A. Grochow, Esq. 

ROBERT A. GROCHOW, P.C. 

233 Broadway, 5th Floor 

New York, New York 10279 

 Gregory J. Cannata, Esq. 

LAW OFFICES OF GREGORY J. CANNATA 

233 Broadway, 5th Floor 

New York, New York 10279 

Liaison Counsel for Plaintiffs 

 Marc D. Weinblatt, Esq. 

SANDERS, SANDERS, BLOCK, WOYICK, VIENER & GROSSMAN, P.C. 

100 Herricks Road 

Mineola, New York 11501 

 David Kremen, Esq. 

OSHMAN & MIRISOLA, LLP 

42 Broadway, 10th Floor 

New York, NY 10004 

 

All Defense Counsel (via ECF)

Case 1:06-cv-14847-AKH Document 8 Filed 12/11/2007 Page 2 of 2
ex10-2.htm


Exhibit 10.2









SEVENTH AMENDMENT TO PERSONAL SERVICES AGREEMENT

 

THIS SEVENTH AMENDMENT TO PERSONAL SERVICES AGREEMENT, dated as of June 17, 2009 by and between American Biltrite Inc., a Delaware corporation (“ABI”) and Congoleum Corporation, a Delaware corporation (“Congoleum”);

 

WITNESSETH:

 

THAT WHEREAS, ABI and Congoleum are parties to a Personal Services Agreement, dated as of March 11, 1993 (the “Personal Services Agreement”), as amended February 8, 1995, November 15, 1996, March 10, 1998, November 7, 2002, March 11, 2008 and September
23, 2008, pursuant to which ABI agreed that Roger S. Marcus would serve as the Chief Executive Officer of Congoleum and Richard G. Marcus would serve as the Vice Chairman of Congoleum, subject to certain terms and conditions set forth in the Personal Services Agreement;

 

NOW, THEREFORE, in consideration of the agreement set forth herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:

 


	
  
	
1.
	
Extension of Term.  The term of the Personal Services Agreement is renewed until the earlier of (a) the effective date of a plan of reorganization for Congoleum Corporation, et al., following a final order of confirmation, or (b) March 31, 2010.




 


	
  
	
2.
	
Ratification.  Each of ABI and Congoleum hereby ratifies and confirms all of the terms and provisions of the Personal Services Agreement, as amended hereby.




 


	
  
	
3.
	
Counterparts.  This Amendment to Personal Services Agreement may be executed in one or more counterparts, each of which shall be an original but all of which shall collectively constitute a single instrument.




 

IN WITNESS WHEREOF, the parties hereto have executed and delivered this Amendment to Personal Services Agreement as of the date first above written.

 


	  	
AMERICAN BILTRITE INC.

	  	  
	  	
By:

	  	  
	  	
/s/ Richard G. Marcus   

	  	
Name:  Richard G. Marcus

Title:    President

	  	  
	  	  
	  	
CONGOLEUM CORPORATION

	  	  
	  	
By:

	  	  
	  	
/s/ Roger S. Marcus   

	  	
Name:  Roger S. Marcus

Title:    Chief Executive Officer
#### WESTERN AUTO SUPPLY COMPANY v. JAMES OLIVER VICK, Trading and Doing Business as a Western Auto Associate Store

No. 77

(Filed 6 October 1981)

On rehearing.

*Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, by Michael E. Weddington and Carl N. Patterson, Jr., Attorneys for plaintiff appellant*

*Biggs, Meadows, Etheridge & Johnson, by Samuel W. Johnson and M. Alexander Biggs, Attorneys for defendant ap-pellee.*

*Berry, Hogewood, Edwards & Freeman, P.A., by Harry A. Berry, Jr., Dean Gibson and Gary D. Chamblee, Attorneys for North Carolina Consumer Finance Association, Inc., amicus curiae.*

*A. Thomas Small, Vice-President and Counsel, First Union National Bank of North Carolina, amicus curiae.*

PER CURIAM.

The first opinions in this case, both for the majority and the dissenters, were filed 5 May 1981 and are reported at 303 N.C. 30, 277 S.E. 2d 360. In apt time plaintiff filed a petition to rehear which was allowed on 8 July 1981, 303 N.C. 320, 281 S.E. 2d 659.

After reargument and full reconsideration of the case, the opinions of the Justices of the Court as originally expressed remain unchanged. The original decision and opinion of a majority of the Court is, therefore, reaffirmed by that majority and remains the decision and opinion of the Court. Consequently, for the reasons given in the original opinion for the majority, the decision of the Court of Appeals is again affirmed and the case is remanded to the Court of Appeals that it may then be remanded to the trial court for further proceedings consistent with the majority’s original opinion. The original dissenters continue to adhere to the positions stated in their dissenting opinions.
**Exhibit 32.2**

 

**CERTIFICATIONPURSUANT TO 18 U.S.C. §1350, AS ADOPTEDPURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theAnnual Report of Iteris, Inc. (the “Company”) on Form 10-K for thefiscal year ended March 31, 2009 as filed with the Securities and ExchangeCommission (the “Report”), I, James S. Miele, Chief Financial Officer of theCompany, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906of the Sarbanes-Oxley Act of 2002, that:

 

1. The Report fullycomplies with the requirements of Section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

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

 
| Date: June 11, 2009 |   |                    |
|--------------------------|--------|-------------------------|
|                     |   |                    |
|                     |   | /s/ JAMES S. MIELE      |
|                     |   | James S. Miele,         |
|                     |   | Chief Financial Officer |

 

A signed original of thiswritten statement required by Section 906, or any other documentauthenticating, acknowledging, or otherwise adopting the signature that appearsin typed form within the electronic version of this written statement requiredby Section 906, has been provided to the Company and will be retained bythe Company and furnished to the Securities and Exchange Commission or itsstaff upon request.

 

----
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

MICHAEL J. PENCE; TAUNI R. PENCE,

Plaintiffs

- Appellants,

v.

OCWEN LOAN SERVICING, LLC; et al.,

Defendants

- Appellees. No. 15

- 16607

D.C. No. 2:14

- cv

- 02587

- ROS

MEMORANDUM *

Appeal from the United States District Court

for the District of Arizona

Roslyn O. Silver, District Judge, Presiding

Submitted August 9, 2017 **

Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.

Michael J. Pence and Tauni R. Pence appeal pro se from the district court’s

order dismissing their diversity action alleging state law claims arising out of the

foreclosure sale of their property . We have jurisdiction under 28 U.S.C. § 1291.

We review fo r an abuse of discretion the dismissal of an action for failure to

* This disposition is not appropriate for publication and is not precedent

except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes these cases are suitable for decision

without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

AUG 21 2017

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 15

- 16607

comply with a court order. Ferdik v. Bonzelet , 963 F.2d 1258, 1260 (9th Cir.

1992)

. We affirm.

In their opening brief, plaintiffs fail to address how the district court erred by

dismissing their action for failing to comply with the district court’s order to file an

amended complaint. As a result, plaintiffs ha ve waived their challenge to the

district court’s order. See Smith v. Marsh , 194 F.3d 1045, 1052 (9th Cir. 1999)

(“[O]n appeal, arguments not raised by a party in its opening brief are deemed

waived.”); Greenwood v. FAA , 28 F.3d 971, 977 (9th Cir. 1994) (“We review only

issues which are argued specifically and distinctly in a par ty’s opening brief.”).

Because we affirm the district court’s order dismissing plaintiffs ’ action for

failure to comply with the district court’s order , we do not consider plaintiffs’

arguments addressing the underlying merits of the action

.

All pending re quest s and motions are denied.

AFFIRMED.
<PAGE>


                                                                    EXHIBIT 99.1
                                KMART CORPORATION
                  SARBANES-OXLEY ACT SECTION 906 CERTIFICATION

         In connection with this Quarterly Report on Form 10-Q of Kmart
Corporation for the period ended July 31, 2002, I, James B. Adamson, Chairman of
the Board and Chief Executive Officer of Kmart Corporation, hereby certify
pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act
of 2002, that to the best of my knowledge:

         1. this Form 10-Q for the period ended July 31, 2002 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 this Form 10-Q for the period ended
July 31, 2002 fairly presents, in all material respects, the financial condition
and results of operations of Kmart Corporation.


         Date:   September 16, 2002

      /s/ James B. Adamson
      --------------------------
      James B. Adamson
      Chairman of the Board and
      Chief Executive Officer
Case 1:06-cv-14968-AKH Document 2 Filed 12/08/2006 Page 1 of 1
|     |                                                                                                                       |
|-----|-----------------------------------------------------------------------------------------------------------------------|
| (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. |

|        |
|--------|
|        |  |  |
| Date:  | May 5, 2011 |   |
|   |   | /s/ James C. Thyen |
|   |   | JAMES C. THYENPresident,Chief Executive Officer |
Case 1:07-cv-03369-AJP Document 9 Filed 05/10/2007 Page 1 of 1
Exh 10.1-Form 10Q-6/30/09



EXHIBIT 10.1

AMENDMENT TO CHANGE OF CONTROL AGREEMENT

THIS AMENDMENT (the "Amendment") is made as of the 31st day of December, 2008, by and between inTEST Corporation, a Delaware corporation ("inTEST") and Robert E. Matthiessen ("Executive").

WHEREAS, inTEST and Executive entered into an agreement, dated April 21, 2001, as amended August 27, 2007, (the "Agreement") which may be subject to Section 409A of the Internal Revenue Code of 1986, as amended (the "Code");

WHEREAS, it is in the best interests of Executive and inTEST to amend the Agreement to comply with final regulations issued by the Internal Revenue Service under Section 409A of the Internal Revenue Code of 1986, as amended, (the "Code") in order for Executive to avoid the adverse tax consequences that would arise from a failure to comply with Code Section 409A, including the imposition of an additional 20% excise tax on payments provided thereunder;

NOW, THEREFORE, the parties, intending to be legally bound, agree to amend the Agreement as of January 1, 2009 by adding the following new Section 20 thereto: 
"20.COMPLIANCE WITH CODE SECTION 409A.For purposes of this Agreement, Executive's termination of employment shall mean Executive's "separation from service" as defined under Code Section 409A. Each payment under this Agreement that is determined to be subject to Section 409A shall be treated as a separate payment. In no event may Executive, directly or indirectly, designate the calendar year of any payment to be made under this Agreement. Notwithstanding any provision of this Agreement to the contrary, if Executive is a "specified employee" (as defined in Section 409A of the Code) as of his "separation from service" (as defined in Section 409A of the Code), then the payment of any amounts payable hereunder that are subject to Section 409A of the Code shall be postponed in compliance with Section 409A (without any reduction in such payments ultimately paid or provided to Executive) until the first payroll date that occurs after the date that is six (6) months following Executive's "separation from service." Any such postponed payments shall be paid in a lump sum to Executive on the first payroll date that occurs after the date that is six (6) months following Executive's "separation from service." If Executive dies during the postponement period prior to the payment of the postponed amount, the amounts withheld on account of Section 409A shall be paid to Executive's estate within sixty (60) days after the date of his death."


IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first written above.
inTEST CORPORATION 

By:   /s/ Alyn R. Holt

      Alyn R. Holt, Chairman of the Board

EXECUTIVE

/s/ Robert E. Matthiessen

Robert E. Matthiessen
II 

116TH CONGRESS 

1ST SESSION S. 1668 

To clarify that participants in the National Health Service Corps Loan 

Repayment Program may be assigned to serve in pediatric inpatient 

mental health facilities. 

IN THE SENATE OF THE UNITED STATES 

MAY 23 (legislative day, MAY 22), 2019 

Mr. TESTER introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To clarify that participants in the National Health Service 

Corps Loan Repayment Program may be assigned to 

serve in pediatric inpatient mental health facilities. 

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 ‘‘Defending Access to 

5 Mental Health Care Act’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•S 1668 IS

1 SEC. 2. PROVISION OF PRIMARY CARE HEALTH PROFES2 SIONALS AT PEDIATRIC INPATIENT MENTAL 

3 HEALTH FACILITIES. 

4 (a) HEALTH PROFESSIONAL SHORTAGE AREA MED5 ICAL FACILITIES.—Section 332(a)(2)(A) of the Public 

6 Health Service Act (42 U.S.C. 254e(a)(2)(A)) is amended 

7 by inserting ‘‘pediatric inpatient mental health facility 

8 that is certified by the Centers for Medicare & Medicaid 

9 Services,’’ after ‘‘community mental health center,’’. 

10 (b) ASSIGNMENT OF CORPS MEMBERS.—Section 

11 338B(a) of the Public Health Service Act (42 U.S.C. 

12 254l–1(a)) is amended— 

13 (1) in paragraph (1), by striking ‘‘; and’’ and 

14 inserting ‘‘;’’; 

15 (2) by redesignating paragraph (2) as para16 graph (3); and 

17 (3) by inserting after paragraph (1) the fol18 lowing: 

19 ‘‘(2) an adequate supply of mental health pro20 fessionals at pediatric inpatient mental health facili21 ties that are certified by the Centers for Medicare & 

22 Medicaid Services; and’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS
**Exhibit 32.2**

 

**Certification of Chief Financial Officer**

** Pursuant to Section 906of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350**

 

I, David D. Smith, Chief Financial Officer of Koss Corporation (the “Company”),hereby certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,18 U.S.C. Section 1350 that:

 

(i) the Quarterly Report on Form 10-Q/A of the Company forthe quarter ended December 31, 2009 (the “Report”) fully complies with therequirements of Section 13(a) or Section 15(d), as applicable,of the Securities Exchange Act of 1934, as amended; and

 

(ii) the information contained in the Report fairly presents, inall material respects, the financial condition and results of operation of theCompany.

 

 
|   | /s/  David D. Smith             |
|--------|---------------------------------|
|   | David  D. Smith                 |
|   | Executive  Vice President and   |
|   | Chief  Financial Officer        |
|   | Date:   June 30, 2010 |

 

Note:  This certificationaccompanies the Report pursuant to Section 906 of the Sarbanes-Oxley Actof 2002 and shall not be deemed filed, except to the extent required by theSarbanes-Oxley Act of 2002, by the Company for purposes of Section 18 ofthe Securities Exchange Act of 1934, as amended.

 

----
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 Katy Industries, Inc. (the “Company”) for the period ending
September 30, 2008 as filed with the Securities and Exchange Commission on the
date hereof (the “Report”), I, David J. Feldman, Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, 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/ David J.
Feldman


David J.
Feldman


Chief
Executive Officer


November
5, 2008











The foregoing certification is being furnished solely to
accompany this report pursuant to 18 U.S.C. 1350, and is not being filed for
purposes of Section 18 of the Securities and Exchange Act of 1934, as amended,
and is not to be incorporated by reference into any filing of the Company
whether made before or after the date hereof, regardless of any general
incorporation language in such filing.A signed original of
this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required
by Section 906, has been provided to the
Company and will be retained by the
Company and furnished to the Securities and Exchange Commission or its
staff upon request.
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

RALPH ROGERS,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 453 MAL 2016

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 8th day of November, 2016, the Petition for Allowance of Appeal

is DENIED.

Justice Mundy did not participate in the consideration or decision of this matter.
II 

116TH CONGRESS 

1ST SESSION S. 1590 

To amend the State Department Basic Authorities Act of 1956 to authorize 

rewards for thwarting wildlife trafficking linked to transnational organized crime, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 22, 2019 

Mr. MERKLEY (for himself and Ms. COLLINS) introduced the following bill; 

which was read twice and referred to the Committee on Foreign Relations 

A BILL 

To amend the State Department Basic Authorities Act of 

1956 to authorize rewards for thwarting wildlife trafficking linked to transnational organized crime, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rescuing Animals 

5 With Rewards Act of 2019’’ or the ‘‘RAWR Act’’. 

6 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

7 (a) FINDINGS.—Congress finds the following: 


kjohnson on DSK79L0C42 with BILLS
2 

•S 1590 IS

1 (1) Wildlife trafficking is a major transnational 

2 crime that is estimated to generate over 

3 $10,000,000,000 a year in illegal profits and which 

4 is increasingly perpetrated by organized, sophisti5 cated criminal enterprises, including known terrorist 

6 organizations. 

7 (2) Wildlife trafficking not only threatens en8 dangered species worldwide, but also jeopardizes 

9 local security, spreads disease, undermines rule of 

10 law, fuels corruption, and damages economic devel11 opment. 

12 (3) Combating wildlife trafficking requires a co13 ordinated and sustained approach at the global, re14 gional, national, and local levels. 

15 (4) Congress stated in the Eliminate, Neu16 tralize, and Disrupt Wildlife Trafficking Act of 2016 

17 (Public Law 114–231) that it is the policy of the 

18 United States to take immediate actions to stop the 

19 illegal global trade in wildlife and wildlife products 

20 and associated transnational organized crime. 

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that the Department of State’s rewards program is 

23 a powerful tool in combating sophisticated international 

24 crime and that the Department of State and Federal law 


kjohnson on DSK79L0C42 with BILLS
3 

•S 1590 IS

1 enforcement should work in concert to offer rewards that 

2 target wildlife traffickers. 

3 SEC. 3. WILDLIFE TRAFFICKING PREVENTION REWARDS 

4 PROGRAM. 

5 Subparagraph (B) of section 36(k)(5) of the State 

6 Department Basic Authorities Act of 1956 (22 U.S.C. 

7 2708(k)(5)) is amended by inserting ‘‘wildlife trafficking 

8 (as defined by section 2(12) of the Eliminate, Neutralize, 

9 and Disrupt Wildlife Trafficking Act of 2016 (16 U.S.C. 

10 7601(12); Public Law 114–231)) and’’ after ‘‘includes’’. 

Æ 


kjohnson on DSK79L0C42 with BILLS
<PAGE>

                                                                    Exhibit 99.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                                   AS ADDED BY
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of Intermagnetics General Corporation (the
"Company") on Form 10-K for the year ending May 25,2003 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Glenn
H. Epstein, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as added by ss. 906 of the Sarbanes-Oxley Act of 2002, 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 result of operations of the
Company.




Glenn H. Epstein
-----------------------
Glenn H. Epstein
Chief Executive Officer
August 25, 2003