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UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-2150

RICHARD NEELY, individually; NEELY & CALLAGHAN, a West 

Virginia Partnership,

Plaintiffs - Appellants,

v.

MARK ZIMMER, individually and as Trustee of the Zimmer 

Survivor Trust; and as Executor of the Estate of Norma 

Zimmer; RONALD ZIMMER, individually; THE ZIMMER SURVIVOR 

TRUST, a California Trust,

Defendants - Appellees.

Appeal from the United States District Court for the Southern 

District of West Virginia, at Charleston. Joseph R. Goodwin, 

District Judge. (2:11-cv-00444)

Submitted: September 5, 2013 Decided: October 31, 2013

Before SHEDD and WYNN, Circuit Judges, and HAMILTON, Senior 

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Richard F. Neely, NEELY & CALLAGHAN, Charleston, West Virginia, 

for Appellants. Robert E. Adel, GREENBERG TRAURIG, Irvine, 

California; Grant P. H. Shuman, SPILMAN, THOMAS & BATTLE, PLLC, 

Charleston, West Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.
- 2 -

PER CURIAM:

In this case involving an attorney-fee dispute, Richard 

Neely and Neely and Callaghan, a West Virginia partnership, 

appeal from the district court’s grant of summary judgment in 

favor of Mark Zimmer, individually, as trustee of the Zimmer 

Survivor Trust, and as executor of the estate of Norma Zimmer; 

Ronald Zimmer, individually; and the Zimmer Survivor Trust, a 

California trust. Richard Neely and the partnership of Neely 

and Callaghan also appeal from the district court’s denial of 

their motion pursuant to Federal Rule of Civil Procedure 59(e)

to alter or amend the judgment.

Having carefully reviewed the briefs, the record, and the 

relevant law, we affirm on the reasoning of the district court. 

Neely v. Zimmer, No. 2:11-cv-00444, (S.D.W.Va. Sept. 10, 2012) 

(denial of Rule 59(e) motion); Neely v. Zimmer, No. 2:11-cv00444, 2012 WL 3198557 (S.D.W.Va. August 2, 2012) (grant of 

summary judgment).

We dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before the 

court and argument would not aid the decisional process.

AFFIRMED
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Notices]
[Pages 32857-32858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16151]



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DEPARTMENT OF JUSTICE


Notice of Lodging of Consent Decree Pursuant to the Comprehensive 
Environmental Response Compensation and Liability Act of 1980 as 
Amended

    In accordance with Department of Justice policy, 28 C.F.R. 50.7, 
notice is hereby given that a proposed consent decree in United States 
v. Freeman, et al., Civil No. 86-CV-748A, was lodged on June 17, 1996, 
with the United States District Court for the Western District of New 
York. The decree resolves claims against Garlock, Inc. and Unisys Corp. 
in the above-referenced action under the Comprehensive Environmental 
Response, Compensation, and Liability Act (``CERCLA'') for 
contamination at the Byron Barrel and Drum Superfund Site in Genesee 
County, New York (the ``Site''). In the proposed consent decree, the 
settling defendants agree to reimburse the Environmental Protection

[[Page 32858]]

Agency (``EPA'') for $1,250,000 in past response costs incurred by EPA 
at the Site, pay up to $250,000 in oversight costs, and perform the 
remedial design and remedial action at the Site.
    The Department of Justice will receive, for a period of thirty (30) 
days from the date of this publication, comments relating to the 
proposed consent decree. Comments should be addressed to the Assistant 
Attorney General for the Environment and Natural Resources Division, 
Department of Justice, Washington, D.C. 20530, and should refer to 
United States v. Freeman, et al., DOJ Ref. Number 90-11-2-139.
    The proposed consent decree may be examined at the Office of the 
United States Attorney, 138 Delaware Avenue, Buffalo, New York 14202; 
the Region II Office of the Environmental Protection Agency, 290 
Broadway, New York, NY 10278; and the Consent Decree Library, 1120 G 
Street, N.W., 4th Floor, Washington, D.C. 20005, (202) 624-0892. A copy 
of the proposed consent decree may be obtained in person or by mail 
from the Consent Decree Library. In requesting a copy, please refer to 
the referenced case and enclose a check in the amount of $22 for the 
Consent Decree without the attachments or $77.50 for the Consent Decree 
with the attachments (25 cents per page reproduction costs), payable to 
the Consent Decree Library.
Bruce S. Gelber,
Deputy Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 96-16151 Filed 6-24-96; 8:45 am]
BILLING CODE 4410-01-M
* Pursuant to 5 TH 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 Fifth Circuit 

## FILED April 12, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-50572 c/w No. 05-50573 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus EVER JESUS FERNANDEZ-MENDOZA, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Western District of Texas USDC No. 2:04-CR-680-ALL

-------------------- Before JONES, Chief Judge, and JOLLY and DAVIS, Circuit Judges.
PER CURIAM: * Appealing the Judgment in a Criminal Case, Ever Jesus Fernandez-Mendoza raises arguments that are foreclosed by Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTED, and the judgment of the district court is AFFIRMED.
DISTRICT JUDGE'S MINUTES

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA – PHOENIX

U.S. District Judge: Susan M. Brnovich Date: June 7, 2021 

USA v. Lacey et al Case Number: CR-18-00422-PHX-SMB

Defendant-1: Michael Lacey, Released – Not Present (Presence waived)

Attorney for Defendant (1): Paul Cambria, Jr. and Erin McCampbell-Paris, Retained

Defendant-2: James Larkin, Released-Present

Attorney for Defendant (2): Thomas Bienert, Jr., and Whitney Bernstein Retained

Defendant-3: Scott Spear, Released-Present

Attorney for Defendant (3): Bruce Feder, Retained 

Defendant-4: John Brunst, Released-Present 

Attorney for Defendant (4): Gopi Panchapakesan and Gary Lincenberg, Retained

Defendant-6: Andrew Padilla, Released- Not Present (Presence waived)

Attorney for Defendant (6): David Eisenberg, CJA Appointment

Defendant-7: Joye Vaught, Released- Not Present (Presence waived)

Attorney for Defendant (7): Joy Bertrand, CJA Appointment

STATUS HEARING:

All parties present are appearing by video. Discussion held regarding the proposed jury questionnaire

and objections are resolved. Defense counsel for Defendant Larkin requests additional time to review 

the changes made on the record in today’s hearing and submit additional questions. No objection. 

Request granted. The parties are directed to have the proposed questionnaire to the Court by no later 

than close of business on 6/10/2021.

Questions regarding trial procedures discussed. The parties are directed to make arrangements with the 

Jury Office to pickup the responses to the questionnaires prior to 7/16/2021 and prepare to discuss 

them at the Final Trial Management Conference set for 7/16/2021. 

IT IS ORDERED setting an in-person status hearing for 8/13/2021 at 11:00 a.m.

Court Reporter Christine Coaly

Deputy Clerk Elaine Garcia

SH: 1 hr

Start: 4:04 PM 

Stop: 5:04 PM

Assistant U.S. Attorneys: Andrew Stone, Peter Kozinets, Margaret Perlmeter, Reginald Jones and

Kevin Rapp

Case 2:18-cr-00422-DJH Document 1170 Filed 06/07/21 Page 1 of 1
EXHIBIT 32.1



Pursuant to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended (the
Exchange Act), and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. Section 1350), Stephen Kelly, Chief Executive Officer of Chordiant Software, Inc. (the Company), and Michael Shannahan, Chief
Financial Officer of the Company, each hereby certifies that, to his knowledge:



1.  The Companys Annual Report on Form 10-K/A for the period ended December 31, 2003, and to which this Certification is
attached as Exhibit 32.1 (the Annual Report), fully complies with the requirements of Section 13(a) or Section 15(d) of the Securities Exchange Act of 1934, as amended, and



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



This certification accompanies the Form 10-K/A to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of Chordiant Software, Inc. under the Securities
Act of 1934, as amended (whether made before or after the date of the Form 10-K/A), irrespective of any general incorporation language contained in such filing.



Dated: March 29, 2004



/s/    STEPHEN KELLYStephen Kelly, Chief Executive Officer/s/    MICHAEL J. SHANNAHANMichael J. Shannahan, Chief Financial Officer
<PAGE>

                                                                      Exhibit 21



                           SUBSIDIARIES OF THE COMPANY
                           ---------------------------

               Northwest Savings Bank, a Pennsylvania savings bank
                 Jamestown Savings Bank, a New York savings bank
           Northwest Bancorp Statutory Trust I, a Delaware corporation
                Northwest Capital Trust I, a Delaware corporation


                     SUBSIDIARIES OF NORTHWEST SAVINGS BANK
                     --------------------------------------

Northwest Financial Services, Inc., a Pennsylvania corporation
Great Northwest Corporation, a Pennsylvania corporation
Northwest Consumer Discount Company, Inc., a Pennsylvania corporation which
  operates under this name in seven locations in Western and Central
  Pennsylvania and also operates:

    d/b/a Northwest Finance Company in Jamestown and Fredonia, NY, a New York
      corporation
    d/b/a Butler Consumer Discount Company in eight locations in Southwestern PA
    d/b/a Uniontown Financial Services in Uniontown, PA
    d/b/a Erie Consumer Discount in three locations in Erie, PA
    d/b/a Franklin Consumer Discount in Franklin, PA
    d/b/a Corry Consumer Discount in Corry, PA
    d/b/a Community Consumer Discount in Warren, PA
    d/b/a Thrift Financial Services in Indiana, PA
    d/b/a Clearfield Consumer Discount in Clearfield, PA
    d/b/a Titusville Consumer Discount in Titusville, PA
    d/b/a Lewistown Consumer Discount in Lewistown, PA
    d/b/a Jeannette Financial Services in Jeannette, PA
    d/b/a Zelie Consumer Discount in Zelienople, PA
    d/b/a Johnstown Consumer Discount in Johnstown, PA
    d/b/a Washington Consumer Discount in Washington, PA
    d/b/a St. Mary's Consumer Discount in St. Marys, PA
    d/b/a Brookville Financial Services in Brookville, PA
    d/b/a Dubois Financial Services in Dubois, PA
    d/b/a Hazleton Financial Services in Hazleton, PA
    d/b/a State College Financial Services in State College, PA
    d/b/a Pottsville Financial Services in Pottsville, PA
    d/b/a Williamsport Financial Services in Williamsport, PA
    d/b/a Altoona Financial Services in Altoona, PA
    d/b/a Punxsutawney Financial Services in Punxsutawney, PA
    d/b/a Huntingdon Financial Services in Huntingdon, PA
    d/b/a Belle Vernon Financial Services in Belle Vernon, PA
    d/b/a Latrobe Financial Services in Latrobe, PA
    d/b/a Bloomsburg Financial Services in Bloomsburg, PA
    d/b/a Sunbury Financial Services in Sunbury, PA
    d/b/a Mercer Financial Services in Mercer, PA
    d/b/a Niagara Consumer Discount in Erie, PA
    d/b/a Lock Haven Financial Services in Lock Haven, PA
Northwest Capital Group Inc., a Pennsylvania corporation
Rid-Fed Inc., a Pennsylvania corporation
Allegheny Services, Inc., a Delaware corporation
34280 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Notices
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34282 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Notices
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34314 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Notices
Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Notices 34315
34316 Federal Register / Vol. 61, No. 127 / Monday, July 1, 1996 / Notices

[FR Doc. 96–16655 Filed 6–28–96; 8:45 am]

BILLING CODE 4810–35–C
Exhibit 32.1





CERTIFICATION PURSUANT TO 18 U.S.C. 1350 AS ADOPTED


PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002





The undersigned hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to their knowledge, the Quarterly Report on Form 10-Q for the period ended June 30,  2011 of Tiger Oil and Energy Inc. (the “Company”) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended, and the information contained in such periodic report fairly presents, in all material respects, the financial condition and results of operations of the Company as of, and for, the periods presented in such report.





Very truly yours,





/s/ Kenneth B. LiebscherKenneth B. LiebscherChief Executive OfficerSeptember 19 , 2011/s/Howard BouchHoward BouchChief Financial OfficerSeptember 19 , 2011





A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to Tiger Oil and Energy, Inc. and will be furnished to the Securities and Exchange Commission or its staff upon request.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

ALLEN DAVID DANIEL,

Petitioner,

v.

BLAINE LAFLER, ET AL.,

Respondent. 

/

Case Number: 2:08-CV-13835

HON. GEORGE CARAM STEEH

ORDER OF SUMMARY DISMISSAL

Plaintiff Allen David Daniel is in state custody at the Baraga Maximum Correctional

Facility in Baraga, Michigan. He has filed a civil rights complaint pursuant to 42 U.S.C. § 1983. 

The Court finds that the complaint is duplicative of another complaint pending in this District

and, therefore, dismisses the complaint. 

On September 5, 2008, Plaintiff filed a civil rights complaint in this Court, claiming that

he has been the victim of retaliation by various state officials and Michigan Department of

Corrections’ employees. Plaintiff claims that the retaliatory acts include verbal threats,

deprivation of food, being served food contaminated by chemicals, being doused in chemicals

thrown on him by other inmates at the urging of corrections officers, deprivation of his legal

documents, and issuance false misconduct tickets. That complaint was assigned to the

Honorable Robert H. Cleland. See Daniel v. Lafler, No. 2:08-cv-13817. Several days after

filing that complaint, Plaintiff filed the complaint assigned to the undersigned district judge. The

claims contained in this complaint are all encompassed within the complaint filed in case

number 2:08-cv-13817. In addition, all of the defendants named in this later-filed complaint are
2

named defendants in case number 2:08-cv-13817. 

“[A] a suit is duplicative if the claims, parties, and available relief do not significantly

differ between the two actions." Serlin v. Arthur Andersen & Co., 3 F.3d 221, 223 (7th

Cir.1993) (internal quotation marks and citations omitted). This complaint names the same

defendants and challenges the same action as the complaint currently pending before the

Honorable Robert H. Cleland. Therefore, the instant complaint is duplicative and shall be

dismissed. To the extent that Plaintiff wishes to raise additional claims not already before the

court in the earlier-filed complaint, Plaintiff may seek leave to amend that complaint in

accordance with the requirements of Federal Rule of Civil Procedure 15. 

Accordingly, IT IS ORDERED that the complaint [dkt. #1] is DISMISSED WITHOUT

PREJUDICE.

Dated: December 12, 2008

S/George Caram Steeh 

GEORGE CARAM STEEH

UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE

Copies of this Order were served upon attorneys of record on

December 12, 2008, by electronic and/or ordinary mail.

S/Marcia Beauchemin

Deputy Clerk
#### Jeffrey N. LONG, Appellant, v. STATE of Missouri, Respondent.

No. WD 48536.

Missouri Court of Appeals, Western District.

May 31, 1994.

Rebecca L. Kurz, Asst. Appellate Defender, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Joanne E. Beal, Asst. Atty. Gen., Jefferson City, for respondent.

Before LOWENSTEIN, P.J., and BERREY and SPINDEN, JJ.

*ORDER*

PER CURIAM:

Appeal from the denial of a Rule 24.035 motion for post-conviction relief.

Affirmed. Rule 84.16(b).
[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Notices]
[Page 31558]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15785]



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NATIONAL SCIENCE FOUNDATION

Committee of Visitors of the Advisory Committee for Geosciences; 
Notice of meeting

    In according with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation announces the 
following meeting.

    Name: Advisory Committee for Geosciences; Committee of Visitors 
for the Geology and Paleontology, Petrology and Geochemistry and 
Hydrological Sciences Programs (1755).
    Date and Time: July 10, 11, & 12, 1996; 8:00 a.m.-6:00 p.m.
    Place: Room 730, 4201 Wilson Boulevard, Arlington, VA.
    Type of Meeting: Closed.
    Contact Person: Dr. Ian D. MacGregor, Section Head, Special 
Projects Section, Division of Earth Sciences, Room 785, National 
Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. 
Telephone: (703) 306-1553.
    Purpose of Meeting: To carry out Committee on Visitors (COV) 
review, including examination of decisions on proposals, reviewer 
comments, and other privileged materials.
    Agenda: To provide oversight review of the Geology and 
Paleontology, Petrology and Geochemistry and Hydrological Sciences 
Programs.
    Reason for closing: The meeting is closed to the public because 
the Committee is reviewing proposal actions that will include 
privileged intellectual property and personal information that could 
harm individuals if they were disclosed. If discussions were open to 
the public, these matters that are exempt under 5 U.S.C. 552b(c)(4) 
and (6) of the Government in the Sunshine Act would be improperly 
disclosed.

    Dated: June 17, 1996.
M. Rebecca Winkler,
Committee Management Officer.
[FR Doc. 96-15785 Filed 6-19-96; 8:45 am]
BILLING CODE 7555-01-M
[Federal Register Volume 61, Number 123 (Tuesday, June 25, 1996)]
[Notices]
[Page 32816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16133]



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FEDERAL EMERGENCY MANAGEMENT AGENCY
[FEMA-1115-DR]


West Virginia; Amendment to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster for the 
State of West Virginia (FEMA-1115-DR), dated May 23, 1996, and related 
determinations.

EFFECTIVE DATE: June 5, 1996.

FOR FURTHER INFORMATION CONTACT: Pauline C. Campbell, Response and 
Recovery Directorate, Federal Emergency Management Agency, Washington, 
DC 20472, (202) 646-3606.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter 
dated June 5, 1996, the President amended the major disaster 
declaration of May 23, 1996, under the authority of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 
et seq.), in a letter to James L. Witt, Director of the Federal 
Emergency Management Agency, as follows:

    I have determined that the damage in certain areas of the State 
of West Virginia, resulting from flooding and heavy winds on May 15-
21, 1996 is of sufficient severity and magnitude to warrant the 
expansion of the incident period to May 15, 1996, and continuing, 
and the incident type to include damage resulting from wind driven 
rain and mudslides in the major disaster declaration of May 23, 
1996, under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (``the Stafford Act'').
    All other conditions specified in the original declaration 
remain the same.
    Please notify the Governor of the State of West Virginia and the 
Federal Coordinating Officer of this amendment to my major disaster 
declaration.

(Catalog of Federal Domestic Assistance No. 83.516, Disaster 
Assistance)
James L. Witt,
Director.
[FR Doc. 96-16133 Filed 6-24-96; 8:45 am]
BILLING CODE 6718-02-P