alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0589-18T2

MAURO IASPARRI, II,

Plaintiff-Respondent,

v.

CITY OF JERSEY CITY and 

its employees, agents, or servants,

LA FESTA ITALIANA, INC. and

its employees, agents or servants,

HOLY ROSARY CHURCH and

its employees, agents or servants, and

J. FLETCHER CREAMER & SONS

and its employees, agents or 

servants,

Defendants,

and

JERSEY CITY MUNICIPAL

UTILITIES AUTHORITY, and

its employees, agents, or servants,

Defendants-Appellants.

_______________________________

Submitted December 19, 2019 – Decided

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the 

internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3.

December 31, 2019
2

A-0589-18T2

Before Judges Nugent and DeAlmeida.

On appeal from the Superior Court of New Jersey, Law 

Division, Hudson County, Docket No. L-2191-18.

Mindas & Morris, attorneys for appellant (Brendan H. 

Morris, on the briefs).

John J. Smith, Jr., attorney for respondent.

PER CURIAM

The parties have advised us that this matter has been amicably settled 

between them and stipulated to the dismissal of this appeal. Accordingly, the 

appeal is dismissed with prejudice and without costs.

Dismissed.
<PAGE>
                                                                    EXHIBIT 99.1






              CERTIFICATION OF CHIEF EXECUTIVE OFFICER 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 Annual Report of CDSI Holdings Inc. (the
"Company") on Form 10-K for the period ended December 31, 2002 as filed with the
Securities and Exchange Commission on the date hereof (the "Report"), I, Richard
J. Lampen, 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, 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 results of
                  operations of the Company.






March 31, 2003                            /s/ RICHARD J. LAMPEN
                                          -------------------------------------
                                          Richard J. Lampen
                                          President and Chief Executive Officer
[Federal Register Volume 73, Number 92 (Monday, May 12, 2008)]
[Notices]
[Page 26993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1253]


=======================================================================
-----------------------------------------------------------------------

FEDERAL RETIREMENT THRIFT INVESTMENT BOARD


Sunshine Act; Notice of Meeting

Time and Date:  9 a.m. (Eastern Time) May 19, 2008.

Place:  4th Floor Conference Room, 1250 H Street, NW., Washington, DC 
20005.

Status: Parts will be open to the public and parts closed to the 
public.

Matters to be Considered: 

Parts Open to the Public

    1. Approval of the minutes of the April 21, 2008 Board member 
meeting.
    2. Thrift Savings Plan activity report by the Executive Director.
    a. Monthly Participant Activity Report.
    b. Monthly Investment Performance Report.
    c. Legislative Report.
    3. Mid-year budget review.

Parts Closed to the Public

    4. Personnel.

Contact Person for More Information:  Thomas J. Trabucco, Director, 
Office of External Affairs, (202) 942-1640.

    Dated: May 8, 2008.
Thomas K. Emswiler,
Secretary, Federal Retirement Thrift Investment Board.
[FR Doc. 08-1253 Filed 5-8-08; 3:26 pm]
BILLING CODE 6760-01-P
[Federal Register Volume 73, Number 77 (Monday, April 21, 2008)]
[Notices]
[Page 21321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 08-1160]


-----------------------------------------------------------------------

COMMODITY FUTURES TRADING COMMISSION


Sunshine Act Meetings

Time and Date:  11 a.m., Friday, May 30, 2008.

Place:  1155 21st St., NW., Washington, DC, 9th Floor Commission 
Conference Room.

Status:  Closed.

Matters to be Considered: Surveillance Matters.

Contact Person for More Information:  Sauntia S. Warfield, 202-418-
5084.

David A. Stawick,
Secretary of the Commission.
[FR Doc. 08-1160 Filed 4-16-08; 4:02 pm]
BILLING CODE 6351-01-P
#### James W. Furbee, *et al. v.*Dorothy Corwin, *et al.*

(No. 14485)

Decided July 17, 1981.

*Alfred R. Putnam*for appellants.

*Furbee, Amos, Webb & Critchfield and C. V. Critehfield*for appellees.

Per Curiam:

In this appeal from the Circuit Court of Marion County, the appellants, Dorothy Corwin and Amy Stewart, challenge a final judgment in favor of the appellees, James W. Furbee and Mary Furbee.

The parties to this action are the owners or lessees of certain residential real estate located in the town of Rivesville in Marion County. The appellees brought an action to “quiet title” to an area of land through which they claimed access to their real estate. They contended that by virtue of an eighteen-foot right of way appurtenant to their *667real estate they had access to an unnamed thirty-foot wide street which connected to First Street. They alleged that the appellant Corwin had obstructed their access by causing a fence to be placed at the northern terminus of the eighteen-foot right of way and by renting space to the appellant Stewart for a house trailer, which trailer space “abuts onto” the unnamed thirty-foot street.

The matter was heard before the court without a jury, and after considering stipulations, testimony and exhibits, the trial court concluded that the appellees were entitled to the access they claimed in their complaint. The court established a metes and bounds description of an easement giving the appellees and their successors in title a permanent right of access through the eighteen-foot right of way to and over the unnamed thirty-foot street. The order required the removal of the obstructions placed in the easement by the appellants and enjoined further interference.

After considering the record and the parties briefs, this Court concludes that the evidence contained in the record supports the trial court’s findings of fact, and that the trial court correctly applied the law:

> “Where the trial court’s findings of fact are supported by the evidence and where the trial court has correctly applied the law, this Court will affirm on appeal the judgment of the trial court.” Syllabus, *Quackenbush v. Quackenbush,*159 W.Va. 351, 222 S.E.2d 20 (1976).

Accordingly, the final judgment of the Circuit Court of Marion County appealed from is affirmed.

*Affirmed.*
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CHARLES G. KINNEY, 

Plaintiff-Appellant, 

 v. 

FRANCES ROTHSCHILD; et al., 

Defendants-Appellees.

No. 17-56356 

D.C. No. 2:17-cv-05342-GW-SS 

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

George H. Wu, District Judge, Presiding

Submitted May 15, 2018**

Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.

Charles G. Kinney appeals pro se from the district court’s judgment

dismissing his action alleging violations of federal law. We have jurisdiction 

under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for 

failure to comply with a pre-filing vexatious litigant order. In re Fillbach, 223 

 

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

except as provided by Ninth Circuit Rule 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2). Kinney’s request for oral 

argument, set forth in the opening brief, is denied.

FILED

MAY 23 2018

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 17-56356 

F.3d 1089, 1090-91 (9th Cir. 2000). We affirm.

The district court did not abuse its discretion by dismissing Kinney’s action

because Kinney failed to comply with the vexatious litigant order entered against 

him. See id. at 1091 (litigant may not avoid a vexatious litigant order by filing suit 

in a different court).

The district court did not abuse its discretion by dismissing Kinney’s action

without leave to amend because amendment would be futile. See Cervantes v. 

Countrywide Home Loans, Inc., 656 F.3d 1034, 1041 (9th Cir. 2011) (setting forth 

standard of review and explaining that dismissal without leave to amend is proper 

when amendment would be futile).

The district court did not abuse its discretion by denying Kinney’s motion to 

vacate or reconsider the district court’s dismissal order because Kinney failed to 

establish any grounds for such relief. See Sch. Dist. No. 1J, Multnomah Cty., Or. 

v. ACandS, Inc., 5 F.3d 1255, 1262-63 (9th Cir. 1993) (setting forth standard of 

review and grounds for relief under Fed. R. Civ. P. 59 and 60).

We reject as meritless Kinney’s contention that the magistrate judge lacked 

authority to transfer this case and to enter other interlocutory orders. See 28 U.S.C. 

§ 636(b)(1)(A).

Appellees Clark, Marcus, and Chomsky’s motion to be dismissed from this 

appeal (Docket Entry No. 12) is granted.
3 17-56356 

The parties’ requests for judicial notice (Docket Entry Nos. 9, 13, and 14) 

are granted.

AFFIRMED.
EXHIBIT 31.2

CERTIFICATION PURSUANT TO 18 U.S.C. ss. 1350,
AS ADOPTED PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, James Kirby, certify that:

1. I have reviewed this annual report on Form 10-Q of Precision Petroleum
Corporation;

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 annual
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
registrant as of, and for, the periods presented in this report;

4. I am responsible for establishing and maintaining disclosure controls and
procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
registrant and I have:

a)  designed such disclosure controls and procedures 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 quarterly report is being
prepared;

b)  evaluated the effectiveness of the registrant's disclosure controls and
procedures as of a date within ninety (90) days prior to the filing date of
this annual report (the "Evaluation Date"); and

c)  presented in this report our conclusions about the effectiveness of the
disclosure controls and procedures based on our evaluation as of the
Evaluation Date;

5. The registrant's other certifying officer and I have disclosed, based on
our most recent evaluation, 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 in the design or operation of internal
controls which could adversely affect the registrant's ability to record,
process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls; and

b)  any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls;
and

Date:  May 19, 2010

By:  /s/ James Kirby
     ------------------------------------------------
         James Kirby
         Chief Financial Officer, principal financial
         officer and principal accounting officer

<PAGE>
I N THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT

**COMMONWEALTH OF PENNSYLVANIA,**

**Respondent**

**v.**
**MICHAEL MCMILLAN,**

**Petitioner :**  **: :**  **: :**  **: :**  **: :**  **: :**  **No. 360 WAL 2015**
**Petition for Allowance of Appeal from the**  Unpublished Judgment Order and Order **of the Superior Court at No. 456 WDA 2015 exited August 5, 2015,**  affirming **the Order of the Allegheny County Court of Common Pleas at No.**  **CP-02-CR-0006930-2007 exited March 3, 2015** 

ORDER

PER CURIAM AND NOW **, this 24th day of February, 2016, the Petition for Allowance of Appeal is**  GRANTED **on the issue of whether Petitioner’s sentence violates the prohibition against mandatory life sentences for juvenile offenders announced by the Supreme**  **Court of the United States in** Miller v. Alabama **, 567 U.S. ___, 132 S. Ct. 2455 (2012). As a result of the recent holding by that Court that**  Miller **must be applied retroactively by the States,**  see Montgomery v. Louisiana **, 2016 WL 280758 (U.S. Jan. 25, 2016), the Superior Court’s order is**  VACATED **, and the case is** REMANDED **for further proceedings consistent with**  Montgomery

**. To the extent necessary, leave is to be granted to amend the post-conviction**  **petition to assert the jurisdictional provision of the Post Conviction Relief Act extending to the recognition of constitutional rights by the Supreme Court of the United States**  **which it deems to be retroactive.** See **42 Pa.C.S. § 9545(b)(1)(iii).** Mr. Justice Eakin did not participate in the consideration or decision of this matter.
309 S.E.2d 108

#### John C. ARBOGAST, Sheriff, etc. v. The RANDOLPH COUNTY CSC, etc., Resp. Below, Timothy J. Amos, et al.

No. 15875.

Supreme Court of Appeals of West Virginia.

Nov. 14, 1983.

R. Sue Core, Elkins, for appellants.

James F. Cain, Elkins, for appellees.

NEELY, Justice:

In this case, we are asked to decide whether certain employees of the Randolph County Sheriff’s Department are covered by civil service. Appellants first raised this issue before the Randolph County civil service commission at a hearing held on 13 September 1982. The commission found that those deputies classified as “jail” deputies were covered by civil service but those classified as “office” deputies were not so covered.1 There is no transcript of that hearing.

On 12 November 1982, the appellee sheriff filed a civil action against the Commission in the Circuit Court of Randolph County seeking a declaratory judgment as to the legal rights of his employees. On 11 January 1983, the circuit court upheld the commission’s finding that office deputies are not covered by civil service, but reversed the commission’s finding as to jail deputies, holding that they were also outside the scope of civil service.

The law in this area is straightforward. *W.Va.Code*7-14-1 [1971] to 7-14-21 [1971] governs the civil service status of the employees in the sheriff’s office. In relevant part, the statute provides that “deputy sheriffs” or “deputies” are those employees whose “primary duties ... are within the scope of active, general law enforcement and as such are authorized to carry deadly weapons, patrol the highways, per*610form police functions, make arrests or safeguard prisoners.” *W. Va. Code*7-14-2(a)(2) [1978].

Both parties to the dispute agree that this statute governs the outcome. They are apparently in disagreement about whether the employees in question carry out such law enforcement functions. Unfortunately, the record presented to us is virtually bereft of evidence on this central issue. In fact, the parties are not even in agreement about which exhibits are a part of the record.

This is not a case in which legal clarification is necessary. The legislature has defined what officers are functioning within the civil service system. The issue here is a factual one. Without a clear record, this court is in no position to make that determination.

Therefore, for the reasons given above, we remand to the Circuit Court of Randolph County with directions to prepare a record and enter an appropriate order with findings of fact and conclusions of law.

Remanded.

1

. Deputy sheriffs in Randolph County are placed in one of three informal categories: jail deputies, office deputies and road deputies. All parties are in agreement that road deputies are covered by civil service. This case raises the issue of civil service protection for the other two categories.
Presidential Documents

34603 

Federal Register 

Vol. 73, No. 117 

Tuesday, June 17, 2008 

Title 3— 

The President 

Proclamation 8270 of June 12, 2008 

Father’s Day, 2008 

By the President of the United States of America 

A Proclamation 

On Father’s Day, we honor our Nation’s fathers for the unconditional love 

they give to their children and for their selfless dedication to the wellbeing of their families. 

Fathers play a unique and irreplaceable part in the lives of their children 

and pass along values that help children grow into responsible adults. By 

providing their sons and daughters with a positive example, fathers help 

give their children the necessary foundation they need to make wise decisions 

throughout their lives. Fathers strive to inspire their children to lead lives 

of integrity, honor, and purpose, and they pray for wisdom and the strength 

to give their children the love and support they need to achieve their 

dreams. 

All Americans are thankful for the extraordinary efforts of our Nation’s 

fathers, stepfathers, grandfathers, and guardians. Their devotion and encouragement as mentors, providers, and role models help strengthen their families 

and our country. We are especially grateful for the fathers who serve in 

our Nation’s Armed Forces. These dedicated fathers protect liberty so that 

all children can have a more promising future. We pray for the safe return 

of all those serving overseas, and we thank the fathers who support sons 

and daughters who are defending our freedom around the globe. 

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States 

of America, in accordance with a joint resolution of the Congress approved 

April 24, 1972, as amended (36 U.S.C. 109), do hereby proclaim June 15, 

2008, as Father’s Day. I encourage all Americans to express their appreciation 

to all fathers for their many contributions to our Nation’s children. I direct 

the appropriate officials of the Government to display the flag of the United 

States on all Government buildings on this day. I also call upon State 

and local governments and citizens to observe this day with appropriate 

programs, ceremonies, and activities. 


jlentini on PROD1PC65 with FRD0
34604 Federal Register / Vol. 73, No. 117 / Tuesday, June 17, 2008 / Presidential Documents 

IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day 

of June, in the year of our Lord two thousand eight, and of the Independence 

of the United States of America the two hundred and thirty-second. 

[FR Doc. 08–1370 

Filed 6–16–08; 10:08 am] 

Billing code 3195–W8–P 


jlentini on PROD1PC65 with FRD0GWBOLD.EPS</GPH>
Advisory Board on Radiation and Worker Health

Rocky Flats WG

July 14, 2015

10:00 a.m. Eastern Time, Teleconference

Conference Phone: 1-866-659-0537

Participant Code: 9933701#

AGENDA

Welcome and roll call

1. Data Falsification

2. Critical Mass Laboratory

3. Tritium Exposures

4. Neptunium Exposures

5. Petitioner Comments

6. Work Group discussion/recommendations and/or path forward

7. Plans for ABRWH July Meeting

Adjourn
|   | a) | the      Quarterly Report on Form 10-Q of Webdigs, Inc. for the quarter ended      January 31, 2009 (the “Report”) fully complies with the requirements of      Section 13(a) or 15(d) of the Securities Exchange Act of 1934;      and |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | b) | information      contained in the Report fairly presents, in all material respects, the      financial condition and results of operations of Webdigs,    Inc. |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------|

| March      17, 2009 | /s/ Robert A. Buntz, Jr.     |
|---------------------|------------------------------|
|                | Robert      A. Buntz, Jr.    |
|                | Chief      Executive Officer |
|                |                         |
| March      17, 2009 | /s/ Edward Wicker            |
|                | Edward      Wicker           |
|                | Chief      Financial Officer |

----
Cite as 2017 Ark. 304



## SUPREME COURT OF ARKANSAS No. CR - 17 - 144 FREDERICK PENNINGTON , JR . APPELLANT V. STATE OF ARKANSAS APPELLEE Opinion Delivered: November 2, 2017 APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT [ NO. 60CR - 77 - 1 9 34 ] HONORABLE HERBERT T. WRIGHT , JUDGE AFFIRMED . RHONDA K. WOOD , Associate Justice This is a companion case to CR
- 16 - 849 and CR
- 17 - 143. Before us in this appeal is the validity of the sentence in cir cuit court case n o. 60CR - 77 - 1933 , which corre sponds to our case n o. CR - 17 - 143 . As more fully stated in Pennington v. State , 2017 Ark. 303 , the issue that Penn ington raises on appeal does not directly relate to the case before us. Because there is no allegation of error in this case, we affirm. Affirmed.
**Exhibit 32**

ISONICS CORPORATION

Certification pursuant to 18 U.S.C. §1350 of the

Chief Executive Officer and ChiefFinancial Officer

Inconnection with the Annual Report on Form 10-K (the “Report”) of IsonicsCorporation (the “Company”) for the year ended April 30, 2007, each of theundersigned John Sakys, the Chief Executive Officer of the Company, and KennethJ. Deane, the Chief Financial Officer of the Company, hereby certifies pursuantto 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that, to the best of the undersigned’s knowledge and belief:

1.             The Report fully complieswith the requirements of section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

2.             Theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.
| July 30, 2007 |   | /s/ John Sakys                         |   |
|---------------|--------|----------------------------------------|--------|
|          |   | John Sakys, Chief Executive Officer    |
|          |   |                                   |
|          |   |                                   |
| July 30, 2007 |   | /s/ Kenneth Deane                      |   |
|          |   | Kenneth Deane, Chief Financial Officer |

 

----