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

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

Case No. 09-20414

v.

Hon. John Corbett O’Meara

JAMES WIESE, ILIR DOKAJ, and

TOM GJOKAJ,

Defendants.

_________________________________/

ORDER DENYING MOTIONS

FOR JUDGMENT OF ACQUITTAL

Before the court are Defendants’ motions for acquittal, to which the government has

responded. All three Defendants were charged in Count 1 with conspiracy to commit federal

crimes (bank fraud, wire fraud, and money laundering); in Count 2 with bank fraud, aiding and

abetting; and in Counts 3 through 9 with wire fraud, aiding and abetting. James Wiese was

charged in Count 10 with money laundering. After a trial, the jury reached a partial verdict on

June 22, 2011. The jury found Tom Gjokaj guilty of bank fraud, aiding and abetting (Count 2),

acquitted all three defendants on the wire fraud counts (Counts 3 through 9), and were unable to

reach a unanimous verdict on any of the remaining charges.

Defendants contend that the evidence at trial was insufficient to support the charges

against them. Under Fed. R. Crim. P. 29, a defendant is entitled to a judgment of acquittal if the

government’s evidence is “insufficient to sustain a conviction. . . .” Id. The relevant inquiry is

“whether, after viewing the evidence in the light most favorable to the prosecution, any rational

5:09-cr-20414-JCO-MKM Doc # 181 Filed 01/25/12 Pg 1 of 2 Pg ID 1083
-2-

trier of fact could have found the essential elements of the crime beyond a reasonable doubt.”

Jackson v. Virginia, 443 U.S. 307, 319 (1979) (emphasis in original). 

Viewing the evidence in the light most favorable to the government, the court is satisfied

a rational trier of fact could have found the essential elements of the crimes charged beyond a

reasonable doubt, including the essential elements of the count upon which Defendant Gjokaj

was convicted. See Govt. Resp. at 4-5 (Docket No. 149).

Defendant Gjokaj also argues that he was prejudiced because he was not permitted to

introduce evidence of the complicity of mortgage broker John Veraldi. Given the evidence

against Mr. Gjokaj, including that he allegedly submitted 23 false loan applications, it is not

clear to the court how Veraldi’s alleged involvement in the scheme would serve to exculpate him

or assist his cause. The jury’s verdict against Mr. Gjokaj on Count 2 is not against the weight of

the evidence and a new trial is not warranted. See Fed. R. Crim. P. 33; United States v. Hughes,

505 F.3d 578, 593 (6th Cir. 2007) (“Generally, such motions are granted only ‘in the

extraordinary circumstance where the evidence preponderates heavily against the verdict.’”). 

Accordingly, IT IS HEREBY ORDERED that Defendants’ motions for acquittal are

DENIED.

s/John Corbett O’Meara 

United States District Judge

Date: January 25, 2012

I hereby certify that a copy of the foregoing document was served upon counsel of record

on this date, January 25, 2012, using the ECF system.

s/William Barkholz 

Case Manager

5:09-cr-20414-JCO-MKM Doc # 181 Filed 01/25/12 Pg 2 of 2 Pg ID 1084
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SAMUEL ANTHONY ACINELLI, Jr.,

Plaintiff-Appellant,

 v.

BLACKMON, Lt. Supervisor of Work 

Assignments, individual capacity and 

official capacity,

Defendant-Appellee.

No. 15-56955

D.C. No. 5:13-cv-00381-AB-PLA

MEMORANDUM*

Appeal from the United States District Court

for the Central District of California

Andre Birotte, Jr., District Judge, Presiding

Submitted January 18, 2017**

Before: TROTT, TASHIMA, and CALLAHAN, Circuit Judges.

Samuel Anthony Acinelli, Jr., a California state prisoner, appeals pro se 

from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging 

deliberate indifference to his serious medical needs arising from his work 

 

* 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).

FILED

JAN 30 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
 2 15-56955 

assignment. We have jurisdiction under 28 U.S.C. § 1291. We review de novo. 

Toguchi v. Chung, 391 F.3d 1051, 1056 (9th Cir. 2004). We affirm.

The district court properly granted summary judgment because Acinelli 

failed to raise a genuine dispute of material fact as to whether defendant Lt. 

Blackmon was deliberately indifferent to Acinelli’s health by not removing

Acinelli from his work assignment. See id. at 1057 (a prison official acts with 

deliberate indifference only if he or she knows of and disregards an excessive risk 

to the prisoner’s health); Berry v. Bunnell, 39 F.3d 1056, 1057 (9th Cir. 1994)

(“[T]he Eighth Amendment does not apply [to prison labor conditions] unless 

prisoners are compelled to perform physical labor which is beyond their strength, 

endangers their lives or health, or causes undue pain.”).

AFFIRMED.
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3774 Introduced in House (IH)]

104th CONGRESS
  2d Session
                                H. R. 3774

 To change from 500 to 250 the number of pieces of mail constituting a 
 mass mailing in the case of a Member of the House of Representatives.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 1996

     Mr. Castle (for himself, Mr. Bachus, Mr. Blute, Mr. Frank of 
Massachusetts, Mr. Goss, Ms. Greene of Utah, Mr. Jacobs, Mr. LoBiondo, 
  Mr. McHale, Mr. Parker, Mr. Poshard, and Mr. Shays) introduced the 
following bill; which was referred to the Committee on House Oversight, 
 and in addition to the Committee on Government Reform and Oversight, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL

 
 To change from 500 to 250 the number of pieces of mail constituting a 
 mass mailing in the case of a Member of the House of Representatives.

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

SECTION 1. MODIFICATION.

    (a) In General.--Notwithstanding any other provision of law, for 
purposes of applying subparagraph (E) of section 3210(a)(6) of title 
39, United States Code, with respect to any Member of the House of 
Representatives, such subparagraph shall be applied by substituting 
``250 pieces'' for ``500 pieces''.
    (b) Definition.--For purposes of this section, the term ``Member of 
the House of Representatives'' means a Representative in, or a Delegate 
or Resident Commission to, the Congress.
    (c) Effective Date.--This section shall apply with respect to 
sessions of Congress beginning after the date of the enactment of this 
Act.
                                 <all>
```
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

DAVID C. BROWN,

Plaintiff, Case No. 09-11685

v. Hon. Nancy G. Edmunds

PRUDENTIAL INSURANCE CO. OF 

AMERICA,

Defendant.

_______________________________/

ORDER ACCEPTING AND ADOPTING MAGISTRATE JUDGE'S

REPORT AND RECOMMENDATION

This matter has come before the Court on the Magistrate Judge’s May 17, 2010

Report and Recommendation. [Docket Text # 24.] Being fully advised in the premises and

having reviewed the record and the pleadings, including Defendant’s objections if any, the

Court hereby ACCEPTS and ADOPTS the Magistrate Judge’s Report and

Recommendation. It is further ordered that Plaintiff’s motion to reverse administrator’s

decision is GRANTED and Defendant’s cross motion to affirm decision is DENIED, and the

case is hereby DISMISSED.

SO ORDERED.

s/Nancy G. Edmunds 

Nancy G. Edmunds

United States District Judge

Dated: July 7, 2010

I hereby certify that a copy of the foregoing document was served upon counsel of record

on July 7, 2010, by electronic and/or ordinary mail.

s/Carol A. Hemeyer 

Case Manager
# Fourth Court of Appeals

San Antonio, Texas

April 30, 2019

No. 04

- 19

- 00136

- CV

IN THE INTEREST OF J.M.L.T., A CHILD,

From the 285th Judicial District Court, Bexar County, Texas

Trial Court No. 2018PA00621 Honorable Charles E. Montemayor, Judge Presiding



### O R D E R

This is an accelerated appeal from a trial court’s order terminating appellant Mother’s parental rights. Mother’s brief was due on April 23, 2019, and on that day, counsel for Mother filed a motion requesting an extension of time of twenty days. In the motion, Mother’s counsel states he needs more time to prepare the brief due to workload obligations.

After consideration, we GRANT counsel’s motion for extens ion of time to file a brief

and ORDER that counsel file the brief on or before May 13, 2019

. Counsel is reminded that this court is mandated to dispose of appeals involving termination of parental rights within 180 days from the date the notice of appeal is filed. T EX

. R. J UD

. A DMIN

. 6.2. Accordingly, any delay in the filing of the brief encroaches upon our time for disposition, and further requests for

extensions of time will be disfavored.

_________________________________ Beth Watkins , Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 30th day of April, 2019

.

___________________________________ KEITH E. HOTTLE

, Clerk of Court
IIA

104TH CONGRESS

2D SESSION H.R. 3910

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 11, 1996

Received; read twice and referred to the Committee on Energy and Natural

Resources

AN ACT

To provide emergency drought relief to the city of Corpus

Christi, Texas, and the Canadian River Municipal Water

Authority, Texas, 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,
2

•HR 3910 RFS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Emergency Drought

3 Relief Act of 1996’’.

4 SEC. 2. EMERGENCY DROUGHT RELIEF.

5 (a) CORPUS CHRISTI.—

6 (1) EMERGENCY DROUGHT RELIEF.—For the

7 purpose of providing emergency drought relief, the

8 Secretary of the Interior shall defer all principal and

9 interest payments without penalty or accrued inter10 est for the 5-year period beginning on the date of

11 enactment of this Act for the city of Corpus Christi,

12 Texas, and the Nueces River Authority under con13 tract No. 6–07–01–X0675 involving the Nueces

14 River Reclamation Project, Texas: Provided, That

15 the city of Corpus Christi shall commit to use the

16 funds thus made available exclusively for the acquisi17 tion of or construction of facilities related to alter18 native sources of water supply.

19 (2) ISSUANCE OF PERMITS.—If construction of

20 facilities related to alternative water supplies re21 ferred to in paragraph (1) requires a Federal permit

22 for use of Bureau of Reclamation lands or facilities,

23 the Secretary shall issue such permits within 90

24 days after the date of enactment of this Act, rec25 ognizing the environmental impact statement

26 FES74–54 and the environmental assessment dated
3

•HR 3910 RFS

1 March 1991 (relating to the Lavaca-Navidad River

2 Authority Pipeline permit).

3 (b) CANADIAN RIVER MUNICIPAL WATER AUTHOR4 ITY.—

5 (1) RECOGNITION OF TRANSFER OF LANDS TO

6 THE NATIONAL PARK SERVICE.—All obligations and

7 associated debt under contract No. 14–06–500–485

8 for land and related relocations transferred to the

9 National Park Service to form the Lake Meredith

10 National Recreation Area under Public Law 101–

11 628, in the amount of $4,000,000, shall be non12 reimbursable. The Secretary shall recalculate the re13 payment schedule of the Canadian River Municipal

14 Water Authority to reflect the determination of the

15 preceding sentence and to implement the revised re16 payment schedule within one year of the date of en17 actment of this Act.

18 (2) EMERGENCY DROUGHT RELIEF.—The Sec19 retary shall defer all principal and interest payments

20 without penalty or accrued interest for the 3-year

21 period beginning on the date of enactment of this

22 Act for the Canadian River Municipal Water Au23 thority under contract No. 14–06–500–485 as emer-
4

•HR 3910 RFS

1 gency drought relief to enable construction of addi2 tional water supply and conveyance facilities.

Passed the House of Representatives September 10,

1996.

Attest: ROBIN H. CARLE,

Clerk.
#### The People of the State of New York ex rel. James Smith, ex-Sheriff of the County of Erie, Relator, v. Charles H. Gaus, as Comptroller of the State of New York, and the Board of Supervisors of the County of Erie, Respondents.

Submission dismissed, without costs, on the authority of *Woodruff*v. *People*(193 N. Y. 560).
Exhibit 10.19

LOGO

PERSONAL AND CONFIDENTIAL

To: Christian Wiehen

Brussels, March 30, 2007

Re: Your repatriation to Germany

Dear Christian,

Further to your conversation with Larry Costello and afterwards your meeting with Inge Oyen of March 27, 2007, I hereby would like to confirm our decision to repatriate you to Germany as of April 1, 2007.

This letter summarizes our discussion points and intends to confirm the arrangements for your return to Germany.

Housing

As discussed during our meeting the termination of
your current rental agreement and utility connection in Belgium has already been arranged.

In case you need further assistance in this respect, please
contact Jindra Vink of Deloitte (+32 2 600 6817) who is able to assist.

Relocation

According to your assignment contract, dated December 6, 2002, American Standard Europe BVBA will reimburse you for the costs of relocating back to Hannover, Germany
and consider reimbursing you for any other reasonable expenses directly associated with the move.

Taxes

You will be contacted shortly by Deloitte, Jan Pattyn, in order to organize a meeting to give clarity on taxes in Belgium for 2006 and 2007.

Mr. Jan Pattyn

Tel. +32 2 600
6855

jpattyn@deloitte.com



---

American Standard Europe BVBA  Chaussee de Wavre
1789  1160 Brussels



---

LOGO

De-registration

Please make necessary arrangement with your town hall, in order to de-register yourself. In case you need any further assistance in this respect, please contact Jindra Vink of Deloitte (+32 2 600 6817) who is able to assist.

Payroll

After your relocation to Germany, you will be
included in the domestic payroll. The appropriate payroll and HR contacts in Germany and Belgium will be informed accordingly.

Company Car

Since you have chosen a new company car last year, I will verify with Deloitte whether there are any legal and/or tax implication whether we decide that
you keep this company car.

As of the date of the transfer the employment relationship will be exclusively governed by German laws.

I trust the above outlined items are helpful. Please do not hesitate to contact me if you should have any additional questions.



|                     
|---------------------
|Yours sincerely,     
|                     
|LOGO                 
|Arielle Vander Perren

Cc:

Remi Tersiguel

Larry Costello

Joerg Baerbock



---

American Standard Europe BVBA  Chaussee de Wavre
1789  1160 Brussels
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff, CASE NO: 09-20402-02

v. DISTRICT JUDGE THOMAS L. LUDINGTON

MAGISTRATE JUDGE CHARLES E. BINDER

PHILIP JOSEPH LAFATA,

Defendant.

/

MAGISTRATE JUDGE’S REPORT, FINDINGS AND 

RECOMMENDATION CONCERNING PLEA OF GUILTY

I. REPORT AND FINDINGS

This case was referred to the undersigned magistrate judge pursuant to 28 U.S.C. §§

636(b)(1)(B) and 636(b)(3) for purposes of receiving, on consent of the parties, Defendant’s

offer of a plea of guilty. Defendant and his counsel appeared before me on July 2, 2010. In

open court, I examined Defendant under oath, confirmed Defendant’s consent, and then

advised and questioned Defendant regarding each of the inquiries prescribed by Rule 11(b) of

the Federal Rules of Criminal Procedure.

Based upon Defendant’s answers and demeanor, I HEREBY FIND: (1) that Defendant

is competent to tender a plea; (2) that Defendant’s plea was knowingly, intelligently made; and

(3) that the offense to which Defendant pleaded guilty is supported by an independent basis in

fact containing each of the essential elements of the offense. Therefore, I have ordered the

preparation of a presentence investigation report.
2

II. RECOMMENDATION

For the reasons set forth above, IT IS RECOMMENDED that, subject to the Court’s

consideration of the plea agreement pursuant to Rule 11(c) of the Federal Rules of Criminal

Procedure, Defendant’s plea be accepted, Defendant be adjudged guilty and the Court impose

sentence.

III. REVIEW

Pursuant to Rule 72(b)(2) of the Federal Rules of Civil Procedure, “[w]ithin 14 days

after being served with a copy of the recommended disposition, a party may serve and file

specific written objections to the proposed findings and recommendations. A party may

respond to another party’s objections within 14 days after being served with a copy.” FED. R.

CIV. P. 72(b)(2). See also 28 U.S.C. § 636(b)(1). Failure to file specific objections constitutes

a waiver of any further right of appeal. Thomas v. Arn, 474 U.S. 140, 106 S. Ct. 466, 88 L.

Ed.2d 435 (1985); Howard v. Sec’y of Health & Human Servs., 932 F.2d 505 (6th Cir. 1991);

United States v. Walters, 638 F.2d 947 (6th Cir. 1981). The parties are advised that making

some objections, but failing to raise others, will not preserve all the objections a party may

have to this Report and Recommendation. Willis v. Sec’y of Health & Human Servs., 931 F.2d

390, 401 (6th Cir. 1991); Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373

(6th Cir. 1987). Pursuant to E.D. Mich. LR 72.1(d)(2), a copy of any objections is to be served

upon this Magistrate Judge.

 s/ Charles` E Binder 

CHARLES E. BINDER 

Dated: July 2, 2010 United States Magistrate Judge
3

CERTIFICATION

I hereby certify that this Report and Recommendation was electronically filed this date,

electronically served on Roy Kranz and Raymond Sakis, and served on U.S. District Judge

Thomas Ludington in the traditional manner.

Date: July 2, 2010 By s/Jean L. Broucek 

Case Manager to Magistrate Judge Binder
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 21-0506

STATE OF MONTANA,

Plaintiff and Appellee,

v.

EDWARD JEFFREY ALLEN,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing,

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including May 1, 2023, within which to prepare, file, and 

serve Appellant’s opening brief on appeal.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

February 27 2023

02/27/2023

Case Number: DA 21-0506
STATEMENT OF MANAGING DIRECTOR


PURSUANT TO SECTION 1350 OF TITLE 18 OF THE UNITED STATES CODE








Pursuant to Section 1350 of Title 18 of the United States Code, the undersigned, Alan Schaffner, Managing Director of Biofuels Power Corporation (the “Company”), hereby certifies that:





The Company’s Form 10-Q Report for the nine months ended September 20, 2009 (the “Report”) fully complies with the requirements of Section 15(d) of the Securities Exchange Act of 1934; and The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.








/s/ Alan Schaffner


Alan Schaffner, Managing Director


Dated: May 24, 2010
<PAGE>

EX-32.1

Certification pursuant to 18 U.S.C. Section 1350

STANDARD COMMERCE, INC. 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 Standard Commerce, Inc. on Form
10-QSB for the period ending June 30, 2007 as filed with the Securities and
Exchange Commission on the date hereof (the Report), I, Michael Anthony, Chief
Executive Officer and Principal Financial Officer of Standard Commerce, certify,
pursuant to 18 U.S.C. ss.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 Standard
Commerce, Inc.

/s/    MICHAEL ANTHONY
----------------------
       Michael Anthony
       Chief Executive Officer
       Sole Director
       and Chief Financial Officer

       August 13, 2007
[Federal Register Volume 73, Number 152 (Wednesday, August 6, 2008)]
[Notices]
[Page 45795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18111]


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

DEPARTMENT OF STATE

[Public Notice 6293]


Public Meeting of the Advisory Committee on Persons With 
Disabilities

SUMMARY: A working group of the Advisory Committee on Persons with 
Disabilities of the U.S. Department of State and the U.S. Agency for 
International Development (Committee) will conduct a public meeting on 
Wednesday, August 13, 2008 from 9 a.m.-1 p.m. in the Ronald Reagan 
Building and International Trade Center, 1300 Pennsylvania Avenue, NW., 
Washington, DC 20004. For directions, see, http://www.itcdc.com/index.php.
    The Working Group of the Committee is reviewing the National 
Council on Disability (NCD) September 9, 2003 Report entitled, 
``Foreign Policy and Disability: Legislative Strategies and Civil 
Rights Protections to Ensure Inclusion of People with Disabilities'' 
(http://www.ncd.gov/newsroom/publications/2003/foreign03.htm). At this 
meeting, the Working Group will discuss its assessment of the progress 
being made in addressing the conclusions of the NCD Report and will 
discuss recommendations to be made to the Committee.
    Attendees must have valid, government-issued photo identification, 
such as a Driver's License or passport, in order to enter the building. 
Attendees requiring reasonable accommodation should indicate their 
requirements at least one week prior to the event to Sylvia Thomas at 
<a href="/cdn-cgi/l/email-protection#691d010604081a1a05291a1d081d0c470e061f"><span class="__cf_email__" data-cfemail="0175696e6c6072726d4172756075642f666e77">[email protected]</span></a>. There will be a limited amount of time for comments 
from the public.
    Established on June 23, 2004, the Advisory Committee serves the 
Secretary and the Administrator in an advisory capacity with respect to 
the consideration of the interests of persons with disabilities in the 
formulation and implementation of U.S. foreign policy and foreign 
assistance. The Committee is established under the general authority of 
the Secretary and the Department of State as set forth in Title 22 of 
the United States Code, Sections 2656 and 2651a, and in accordance with 
the Federal Advisory Committee Act, as amended.

    Dated: July 28, 2008.
Stephanie Ortoleva,
Bureau of Democracy, Human Rights and Labor, Department of State.
[FR Doc. E8-18111 Filed 8-5-08; 8:45 am]
BILLING CODE 4710-18-P


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