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

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

CATHRYN A. McALEY,

Plaintiff,

Case No. 08-CV-14504

v.

HONORABLE AVERN COHN

COMMISSIONER OF SOCIAL SECURITY,

Defendant.

____________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

AND

DENYING THE COMMISSIONER’S MOTION FOR SUMMARY JUDGMENT

AND

DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

AND

REMANDING MATTER FOR FURTHER ADMINISTRATIVE PROCEEDING 

I.

This is a social security case. Plaintiff Cathryn A. McAley appeals from the final

determination of the Commissioner of Social Security (Commissioner) that she is not

disabled and therefore not entitled to disability insurance benefits. The matter was

referred to a magistrate judge for all pretrial proceedings. Plaintiff and the

Commissioner filed cross motions for summary judgment. The magistrate judge issued

a report and recommendation (MJRR) recommending that (1) the Commissioner’s

motion for summary judgment be denied, (2) plaintiff’s motion for summary judgment be

denied and (3) the matter be remanded for further administrative proceedings. 
2

II.

Neither party has filed objections to the MJRR and the time for filing objections

has passed. The parties’ failure to file objections to the report and recommendation

waives any further right to appeal. Smith v. Detroit Federation of Teachers Local 231,

829 F.2d 1370, 1373 (6th Cir. 1987). Likewise, the failure to object to the magistrate

judge's report releases the Court from its duty to independently review the motions.

Thomas v. Arn, 474 U.S. 140, 149 (1985). However, the Court has reviewed the

reviewed the MJRR and agrees with the magistrate judge. 

Accordingly, the MJRR is ADOPTED as the findings and conclusions of the

Court. The Commissioner’s motion for summary judgment is DENIED. Plaintiff’s

motion for summary judgment is DENIED. This matter is REMANDED for further

administrative proceedings consistent with the MJRR. 

SO ORDERED.

 S/Avern Cohn 

AVERN COHN

UNITED STATES DISTRICT JUDGE

Dated: March 22, 2010

I hereby certify that a copy of the foregoing document was mailed to the

attorneys of record on this date, March 22, 2010, by electronic and/or ordinary mail.

 S/Julie Owens 

Case Manager, (313) 234-5160
Exhibit
32.1


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 accompanying Quarterly Report on Form 10-Q of Ecoland
International, Inc. for the fiscal quarter ending November 30, 2009, I, David
Wallace, Chief Executive Officer of Ecoland International, Inc., hereby certify
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, to the best of my knowledge and belief,
that:




1. Such Quarterly Report on Form 10-Q for
the fiscal quarter ending November 30, 2009, 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 such
Quarterly Report on Form 10-Q for the fiscal quarter ending November 30, 2009,
fairly presents, in all material respects, the financial condition and results
of operations of Ecoland International, Inc.




Date: January 22, 2010




/s/ David WallaceDavid
      Wallace, Chief Executive Officer of Ecoland
                      International,
      Inc.
Case 2:09-cv-10454-VAR-VMM Document 91 Filed 03/14/11 Page 1 of 10
Case 2:09-cv-10454-VAR-VMM Document 91 Filed 03/14/11 Page 2 of 10
Case 2:09-cv-10454-VAR-VMM Document 91 Filed 03/14/11 Page 3 of 10
Case 2:09-cv-10454-VAR-VMM Document 91 Filed 03/14/11 Page 4 of 10
Case 2:09-cv-10454-VAR-VMM Document 91 Filed 03/14/11 Page 5 of 10
Case 2:09-cv-10454-VAR-VMM Document 91 Filed 03/14/11 Page 6 of 10
Case 2:09-cv-10454-VAR-VMM Document 91 Filed 03/14/11 Page 7 of 10
Case 2:09-cv-10454-VAR-VMM Document 91 Filed 03/14/11 Page 8 of 10
Case 2:09-cv-10454-VAR-VMM Document 91 Filed 03/14/11 Page 9 of 10
Case 2:09-cv-10454-VAR-VMM Document 91 Filed 03/14/11 Page 10 of 10
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Notices]
[Page 34789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16980]


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


DEPARTMENT OF AGRICULTURE

Oregon Coast Provincial Advisory Committee Meeting

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: The Oregon Coast Provincial Advisory Committee (PAC) will meet 
on July 19, 1996, in Tillamook, Oregon, at the Shilo Inn (Wilson River 
Room), 2515 Main Street. The meeting will begin at 9 a.m. and continue 
until 3:30 p.m. Agenda items to be covered include: (1) Updates on 
current events, (2) northern Coast Range Area Adaptive Management Area 
activities, (3) overview of recreation in the Coast Range Province, (4) 
recreation user initiatives and stewardship/co-management, (5) 
recreation user fees, and (6) open public forums. All Oregon Coast 
Provincial Advisory Committee meetings are open to the public. Two 
``open forums'' are scheduled; one at 10:30 a.m. and another near the 
conclusion of the meeting. Interested citizens are encouraged to 
attend. The committee welcomes the public's written comments on 
committee business at any time.

FOR FURTHER INFORMATION CONTACT: Direct questions regarding this 
meeting to Rick Alexander, Public Affairs Officer, at (541) 750-7075, 
or write to Forest Supervisor, Siuslaw National Forest, P.O. Box 1148, 
Corvallis, Oregon 97339.

    Dated: June 26, 1996.
James R. Furnish,
Forest Supervisor.
[FR Doc. 96-16980 Filed 7-2-96; 8:45 am]
BILLING CODE 3410-11-M
[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Notices]
[Pages 35762-35763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17220]


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

[[Page 35763]]


DEPARTMENT OF HEALTH AND HUMAN SERVICES

Disease, Disability, and Injury Prevention and Control Special 
Emphasis Panel (SEP): Cooperative Agreements for STD Faculty Expansion, 
Program Announcement 616; Meeting

    In accordance with section 10(a)(2) of the Federal Advisory 
Committee Act (Pub. L. 92-463), the Centers for Disease Control and 
Prevention (CDC) announces the following committee meeting.

NAME: Disease, Disability, and Injury Prevention and Control SEP: 
Cooperative Agreements for STD Faculty Expansion, Program Announcement 
616.

TIME AND DATE: 8:30 a.m.-5 p.m., August 8, 1996.

PLACE: 11 Corporate Square, Building 11, Conference Room A, Corporate 
Square Boulevard, Atlanta, Georgia 30329.

STATUS: Closed.

MATTERS TO BE DISCUSSED: The meeting will include the review, 
discussion, and evaluation of applications received in response to 
Program Announcement 616.
    The meeting will be closed to the public in accordance with 
provisions set forth in 5 U.S.C. 552b(c) (4) and (6), and the 
Determination of the Associate Director for Management and Operations, 
CDC, pursuant to Pub. L. 92-463.

CONTACT PERSON FOR MORE INFORMATION: John R. Lehnherr, Chief, 
Prevention Support Office, National Center for HIV, STD, and TB 
Prevention, CDC, 1600 Clifton Road, NE, M/S E07, Atlanta, Georgia 
30333, telephone 404/639-8025.

    Dated: July 1, 1996.
Carolyn J. Russell,
Director, Management Analysis and Services Office, Centers for Disease 
Control and Prevention (CDC).
[FR Doc. 96-17220 Filed 7-5-96; 8:45 am]
BILLING CODE 4163-18-M
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 Quarterly Report of Actavision Ventures Inc. (the "Company") on Form 10-Q for the period ended June 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), the undersigned, Chief Executive Officer & Chief Financial Officer, certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his 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.   Date:  August 15, 2008               /s/ Ching-Sang Hong ------------------------------- Ching-Sang Hong, CEO & CFO
Fialka-Feldman v. Oakland University Board of Trustees Doc. 45 Att. 10

Dockets.Justia.com
#### David Allen DICKERSON, Appellant, v. STATE of Missouri, Respondent.

No. 67087.

Missouri Court of Appeals, Eastern District, Division One.

April 25, 1995.

Emmett D. Queener, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Fernando Bermudez, Asst. Atty. Gen., Jefferson City, for respondent.

Before REINHARD, P.J., and GARY M. GAERTNER and CRAHAN, JJ.

*ORDER*

PER CURIAM.

Appellant, David Allen Dickerson, appeals from the Osage County Circuit Court’s denial of his Rule 24.035 motion for post-conviction relief without an evidentiary hearing. We affirm.

We have reviewed the briefs of the parties and the legal file and find the judgment of the circuit court is not clearly erroneous. As we further find an extended opinion would serve no jurisprudential purpose, we affirm the circuit court’s judgment pursuant to Rule 84.16(b).
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 730 Engrossed in House (EH)]

H. Res. 730

                In the House of Representatives, U. S.,

                                                      October 13, 2009.
Whereas La Crosse is located on the western border of middle-Wisconsin on the 
        east side of the Mississippi River;
Whereas the first Europeans to see the site of La Crosse were French fur traders 
        who traveled the Mississippi River in the late 17th century;
Whereas La Crosse was incorporated as a city in 1856;
Whereas Thomas Morris sponsored a bill in the Wisconsin State Senate that led to 
        the creation of the current day University of Wisconsin-La Crosse;
Whereas University of Wisconsin-La Crosse was founded as the La Crosse Normal 
        School in 1909 for the purpose of teacher preparation;
Whereas the philosophy of Fassett A. Cotton, the university's first president, 
        was to train the whole person;
Whereas ``Mens Corpusque'', Latin for mind and body, is the motto on the 
        university seal;
Whereas the college changed its name to Wisconsin State College-La Crosse in 
        1951 when the La Crosse State Teachers Colleges could establish 
        baccalaureate degrees in liberal arts;
Whereas University of Wisconsin-La Crosse offers 88 undergraduate programs in 44 
        disciplines and 26 graduate programs;
Whereas University of Wisconsin-La Crosse celebrated its 50th anniversary in 
        1959, the same year that presidential candidate John F. Kennedy visited 
        the campus and spoke to the student body in Graff Main Hall auditorium;
Whereas U.S. News & World Report ranked the University of Wisconsin-La Crosse 
        second among Midwestern public universities offering bachelor's and 
        master's degrees;
Whereas the University of Wisconsin-La Crosse men's athletic teams took the 
        nickname ``Eagles'' in fall 1989, and the women teams a year later;
Whereas the University of Wisconsin-La Crosse athletic teams have won 59 NCAA 
        Division III national titles in nine different sports; and
Whereas 2009 marks the 100th anniversary of the founding of the University of 
        Wisconsin-La Crosse: Now, therefore, be it
    Resolved, That the House of Representatives honors the University of 
Wisconsin-La Crosse on its 100th anniversary and commends the institution's 
status as a leading public university that excels in academics, athletics, and 
quality of life for students.
            Attest:

                                                                          Clerk.
```
<PAGE>
                                                                    EXHIBIT 31.1


                                 CERTIFICATIONS

I, David M. McClanahan, certify that:

         1. I have reviewed this annual report on Form 10-K/A of CenterPoint
Energy Resources Corp.; and

         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 report.

Date:  August 29, 2005

                                         /s/ David M. McClanahan
                                         ---------------------------------------
                                         David M. McClanahan
                                         President and Chief Executive Officer
1

 UNITED STATES DISTRICT COURT

 EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

v.

GERALD RICHARDS,

Defendant.

Case Number: 09-20039

Honorable Julian Abele Cook, Jr.

ORDER

 The Defendant, Gerald Richards, has been accused by the Government of violating the

following federal statutes: (1) 21 U.S.C. § 846 (conspiracy to possess with intent to distribute a

controlled substance), (2) 21 U.S.C. § 841(a)(1) (unlawful distribution of a controlled substance),

and (3)18 U.S.C. § 2 (aiding and abetting).

On May 29, 2009, Richards filed a “motion and demand for disclosure of exculpatory

evidence and Rule 16 discovery materials.” The Government filed its response in opposition on

July 2, 2009. After having reviewed this motion, the Court can only describe it as containing

primarily “boilerplate” language which presumably address the Government’s numerous discovery

obligations in this criminal case. However, the Court notes that it fails to contain any specific

allegations that the Government has violated the terms and/or the spirit of Fed. R. Civ. P. 16

(“Pretrial Conferences; Scheduling, Management”) or the Standing Order for Discovery of the

Court (Administrative Order No. 03-AO-027). Moreover, the Government, in its response, notes

2:09-cr-20039-AJT-RSW Doc # 72 Filed 07/29/09 Pg 1 of 2 Pg ID 188
2

that it (1) “has been diligent in its obligation to provide discovery to [the [D]efendant] . . . and has

acknowledged the ongoing nature of its obligation . . .” and (2) “is aware of its affirmative and

continuing duties under [Brady v. Maryland, 373 U.S. 83 (1963)] . . . .” 

Fed. R. Civ. P. 7(b)(1)(B) states that a request for a court order must “state with particularity

the grounds for seeking the order.” The Defendant’s motion does not meet this requirement.

Rather, it merely recites a lengthy list of items which, in his opinion, he is entitled to receive

through discovery. Moreover, he has failed to set forth any specific allegation that the Government

has failed to meet its obligations under Fed. R. Civ. P. 16, Brady v. Maryland, or the Court’s

Standing Order for Discovery.

For all of the reasons which have been stated, the Defendant’s motion is denied. 

IT IS SO ORDERED.

Dated: July 29, 2009 s/Julian Abele Cook, Jr. 

Detroit, Michigan JULIAN ABELE COOK, JR.

United States District Court Judge

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing Order was served upon counsel of record via the Court's ECF System to their respective

email addresses or First Class U.S. mail to the non-ECF participants on July 29, 2009.

s/ Kay Doaks 

Case Manager

2:09-cr-20039-AJT-RSW Doc # 72 Filed 07/29/09 Pg 2 of 2 Pg ID 189
##### 



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
   (i)
    
    the Form 10-K fully complies with the requirements of Section 13(a) or
Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a) or 78o(d)); and(ii)
    
    the information contained in the Form 10-K fairly presents, in all material
respects, the financial condition and results of operations of the Issuer.
  /s/ Gerald R. Johnson, Jr.Gerald R. Johnson, Jr.Chairman and Chief Executive Officer
[Federal Register Volume 61, Number 129 (Wednesday, July 3, 1996)]
[Notices]
[Page 34862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16987]


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

INTERNATIONAL TRADE COMMISSION

[Investigation No. 731-TA-739 (Final)]


Clad Steel Plate From Japan

Determination

    On the basis of the record <SUP>1 developed in the subject 
investigation, the Commission determines, pursuant to section 735(b) of 
the Tariff Act of 1930 (19 U.S.C. 1673d(b)) (the Act), that an industry 
in the United States is materially injured by reason of imports from 
Japan of clad steel plate, provided for in subheading 7210.90.10 of the 
Harmonized Tariff Schedule of the United States, that have been found 
by the Department of Commerce to be sold in the United States at less 
than fair value (LTFV).
---------------------------------------------------------------------------

     <SUP>1  The record is defined in sec. 207.2(f) of the 
Commission's Rules of Practice and Procedure (19 CFR Sec. 207.2(f)).
---------------------------------------------------------------------------

Background

    The Commission instituted this investigation effective February 27, 
1996, following a preliminary determination by the Department of 
Commerce that imports of clad steel plate from Japan were being sold at 
LTFV within the meaning of section 733(b) of the Act (19 U.S.C. 
1673b(b)). Notice of the institution of the Commission's investigation 
and of a public hearing to be held in connection therewith was given by 
posting copies of the notice in the Office of the Secretary, U.S. 
International Trade Commission, Washington, DC, and by publishing the 
notice in the Federal Register of March 13, 1996 (61 FR 10380). The 
hearing was held in Washington, DC, on May 7, 1996, and all persons who 
requested the opportunity were permitted to appear in person or by 
counsel.
    The Commission transmitted its determination in this investigation 
to the Secretary of Commerce on June 25, 1996. The views of the 
Commission are contained in USITC Publication 2972 (June 1996), 
entitled ``Clad Steel Plate from Japan: Investigation No. 731-TA-739 
(Final).''

    By order of the Commission.

Donna R. Koehnke,
Secretary
    Issued: June 25, 1996
[FR Doc. 96-16987 Filed 7-2-96; 8:45 am]
BILLING CODE 7020-02-P
---

Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICERPURSUANT
TO 18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION
906 OF THE SARBANES-OXLEY ACT OF 2002

I, Martin Bajic, President, Chief Financial Officer and
Treasurer of Mabcure Inc. (the Company), 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 the best of my knowledge:

| | (a) | the quarterly report on Form 10-Q of the Company, for the
      three month period ended June 30, 2008, and to which this certification is
      attached as Exhibit 32.2 (the Report) fully complies with the
      requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
      1934, as amended; and
| | --- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |     |                                                                                                                                                                                                                                                                                                                            
| | (b) | the information contained in the Report fairly presents,
      in all material respects, the financial condition and results of
      operations of the Company.                                                                                                                                                           



|By:    | /s/
      Martin Bajic                       | 
|------ | -------------------------------------------- | 
|Name:  | Martin Bajic                                 | 
|Title: | Chief Financial Officer and Treasurer        | 
|       | (Principal Financial and Accounting Officer) | 
|Date   | August 12, 2008                              | 

A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to the Registrant and will be
retained by the Registrant and furnished to the Securities and Exchange
Commission or its staff upon request.

This certification accompanies the Form 10-Q 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 the Registrant under the
Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made
before or after the date of this Form 10-Q), irrespective of any general
incorporation language contained in such filing.

---
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

WILLARD L. SLOAN, EUGENE J.

WINNINGHAM, and JAMES L. KELLEY, 

on behalf of themselves and a similarly 

situated class, Case No. 09-cv-10918

Hon. Paul D. Borman

Plaintiffs, Magistrate Mona K. Majzoub

v. Class Action

BORGWARNER, INC., BORGWARNER 

FLEXIBLE BENEFITS PLANS and

BORGWARNER DIVERSIFIED 

TRANSMISSION PRODUCTS, INC.,

Defendants.

_____________________________________________________________________________/

EXHIBIT LIST TO

PLAINTIFFS’ MOTION FOR 

SUMMARY JUDGMENT AS TO LIABILITY

1. Richard Nuerge Deposition Transcript

2. 1989 Health Insurance Agreement

3. Jerry French Deposition Transcript and Exhibits

4. 1992 Agreement and Modification and Extension of Health Insurance Agreement 

5. 1992 Health Insurance Agreement

6. 1995 Health Insurance Agreement

7. 11/1/04 Turczynowsky Email re Deductible/Stop-Loss

8. 1998 Insurance Highlights

9. 11/28/00 Tentative Agreement on Insurances and Pensions

10. 11/28/00 “Excerpts” from Agreement on Insurances and Pensions

11. George Turczynowsky Transcript

2:09-cv-10918-PDB-MKM Doc # 104 Filed 05/14/12 Pg 1 of 3 Pg ID 5444
12. 4/1/05 Tentative Agreement

13. 4/8/05 Clarifications on Tentative Agreement

14. UAW Local 287 April 2005 Tentative Agreement 

15. Order in 2006 BorgWarner Case in Indiana

16. Michelle DuFour Deposition Transcript

17. 2009 Your Health Care Travel Guide

18. 5/1/09 BorgWarner DTP Notice re Prescription and Medicare

19. 2009 Your Retiree Health Care Travel Guide

20. 2009 BorgWarner Benefit Enrollment Form

21. 2009 Plant Shutdown Agreement 

22. 10/27/89 Retirement Income Program Guide Booklet 

23. 3/12/95 Retirement Income Program Guide Booklet

24. 1/90 Retirement- General Summary

25. 5/95 Retirement- General Summary

26. 2/14/89 Fax with Retirement- General Summary

27. 9/27/99 Nuerge Letter

28. Letters to Surviving Spouses re Health Care Coverage

29. Borg Warner DTP/UAW Joint Position Statement

30. 3/24/87 Hourly Retirees Insurance Booklet Draft

31. 12/18/95 Turczynowsky Letter to CIGNA re Stop-Loss and Deductibles

32. 1986 Health Insurance Agreement

33. Bender v. Newell Window, Case No. 11-1335

34. McCoy v. Meridian Automotive Systems, Inc., C.A. No. 03-74613, 

2004 U.S. Dist. LEXIS 29219 *2 (E.D. Mich., Feb. 6, 2004)

2:09-cv-10918-PDB-MKM Doc # 104 Filed 05/14/12 Pg 2 of 3 Pg ID 5445
35. McCoy v. Meridian Automotive Systems, Inc., 

2005 U.S. Dist. LEXIS 40129 (E.D. Mich. 2005)

2:09-cv-10918-PDB-MKM Doc # 104 Filed 05/14/12 Pg 3 of 3 Pg ID 5446