alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

 

)

DIOSDADO GRUSPE, )

)

Plaintiff, )

)

v. ) Civil Action No. 08-1040 (JR)

)

DONALD C. WINTER, )

Secretary of the Navy, )

)

Defendant. )

 )

MEMORANDUM OPINION

This matter is before the Court on defendant’s motion to

dismiss. 

Plaintiff was born in the Philippines in 1937 and was

employed by the Department of the Navy until his retirement in

1992. See Compl. at 6 & Attach. (February 27, 2008 Decision of

the United States Equal Employment Opportunity Commission, Appeal

No. 0120080796) at 1. According to plaintiff, he was an employee

of the Navy for whom “no retirement deductions were withheld” and

therefore became eligible “to make a deposit to the Civil Service

Retirement and Disability Fund . . . during its open season from

January 8, 1988 until January 8, 1990.” Id. at 1-2. Plaintiff

filed a claim in 2007 alleging that the Navy discriminated

against him on the basis of his national origin when it “failed

to inform [him]” of this opportunity to participate in the Fund. 
The United States Equal Employment Opportunity 1

Commission affirmed the Navy’s dismissal of plaintiff’s

discrimination complaint “on the grounds of untimely EEO

Counselor contact,” and Commission found it “unnecessary to

address the agency’s dismissal . . . on alternative grounds.” 

Compl., Attach. (February 27, 2008 Decision, Appeal No.

0120080796) at 2. 

2

Id. at 2. The Navy “rejected [his] claim on the ground that [he

has] no right to come within Title VII of the Civil Rights Act of

1964, as amended, pursuant to [29 C.F.R. § 1614.103(c)(4)] which

provided that ‘[a]iens employed in positions . . . located

outside of the United States’ are not covered under Title VII.”1

Id. at 2. 

Plaintiff claims that he is a dual citizen of the

Philippines and of the United States because he was born in the

Philippine Islands when the Philippine Islands were a territory

of the United States. He further contends that he thus became a

United States citizen under the Fourteenth Amendment to the

United States Constitution. Compl. at 6. He asks this Court to

confirm his status as a United States citizen “so that the

Department of the Navy allow[s] [him] to come within the meaning

of the Civil Rights Act of 1964 in Title VII.” Id. at 7.

In Licudine v. Winter, 603 F. Supp. 2d 129 (D.D.C. 2009),

this Court held that a person who, like plaintiff, was born in

the Philippine Islands when the Philippines was a United States

territory is neither a citizen nor a national of United States

citizen. Id. at 135-36. Such a person, then, is an alien to
3

whom Title VII does not apply. Id.

The Court will grant defendant’s motion to dismiss. An

Order accompanies this Memorandum Opinion.

JAMES ROBERTSON

United States District Judge
<TABLE> <S> <C>

<ARTICLE> UT
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM ORANGE AND
ROCKLAND UTILITIES, INC. QUARTERLY REPORT ON FORM 10-Q FOR THE QUARTER ENDED
MARCH 31, 1998 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL
STATEMENTS.
</LEGEND>
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               MAR-31-1998
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      935,276
<OTHER-PROPERTY-AND-INVEST>                     10,505
<TOTAL-CURRENT-ASSETS>                         165,983
<TOTAL-DEFERRED-CHARGES>                       148,650
<OTHER-ASSETS>                                   1,476
<TOTAL-ASSETS>                               1,261,890
<COMMON>                                        67,594
<CAPITAL-SURPLUS-PAID-IN>                      126,244
<RETAINED-EARNINGS>                            183,625
<TOTAL-COMMON-STOCKHOLDERS-EQ>                 377,463
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     43,220
<LONG-TERM-DEBT-NET>                           356,637
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                 121,185
<LONG-TERM-DEBT-CURRENT-PORT>                       40
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                      1,603
<LEASES-CURRENT>                                   173
<OTHER-ITEMS-CAPITAL-AND-LIAB>                 361,569
<TOT-CAPITALIZATION-AND-LIAB>                1,261,890
<GROSS-OPERATING-REVENUE>                      165,081
<INCOME-TAX-EXPENSE>                             6,501
<OTHER-OPERATING-EXPENSES>                     137,098
<TOTAL-OPERATING-EXPENSES>                     143,599
<OPERATING-INCOME-LOSS>                         21,482
<OTHER-INCOME-NET>                                 497
<INCOME-BEFORE-INTEREST-EXPEN>                  21,979
<TOTAL-INTEREST-EXPENSE>                         8,175
<NET-INCOME>                                    13,804
<PREFERRED-STOCK-DIVIDENDS>                        700
<EARNINGS-AVAILABLE-FOR-COMM>                   13,104
<COMMON-STOCK-DIVIDENDS>                         8,739
<TOTAL-INTEREST-ON-BONDS>                        5,945
<CASH-FLOW-OPERATIONS>                          30,417
<EPS-PRIMARY>                                     0.97
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 33.1.2.1

REPORT ON ASSESSMENT OF COMPLIANCE WITH
1122(d)(2)(vi) and 1122(d)(4)(xi)
of REGULATION AB SERVICING CRITERIA


American Security Insurance Company, Standard Guaranty Insurance Company and
Safeco Financial Institution Solutions, Inc. (affiliates of Assurant Inc.,
collectively the "Asserting Party")is responsible for assessing compliance as
of December 31, 2006 and for the period from January 1, 2006 through December
31, 2006 (the "Reporting Period") with the servicing criteria set forth in
1122(d)(2)(vi), 1122(d)(4)(xi) and 1122(d)(4)(xii) of Title 17, 229.1122(d) of
the Code of Federal Regulations, which the Asserting Party has concluded are
applicable to the insurance escrow servicing activities it performs with
respect to all mortgage loan-tracking transactions covered by this report.
The transactions covered by this report include all mortgage loan-tracking
transactions for which the Asserting Party served as a Vendor on behalf of
Servicers for such asset-backed securities transactions that were registered
after January 1, 2006 with the Securities and Exchange Commission pursuant to
the Securities Act of 1933 (the "Platform"). The scope of the Asserting Party
assertions excludes 1122(d)(4)(xii) of Title 17, 229.1122(d) of the Code of
Federal Regulations, which relates to servicing activities that are
performed by the Asserting Party with respect to the Platform, but are not
reported on herein.

The Asserting Party has assessed its compliance with 1122(d)(2)(vi) and 1122(d)
(4)(xi) ("the Applicable Servicing Criteria") for the Reporting Period and has
concluded that the Asserting Party has complied, in all material respects, with
the Applicable Servicing Criteria for the Reporting Period with respect to the
Platform taken as a whole. The Asserting Party used the criteria set forth in
paragraph (d) of Item 1122 of Regulation AB to assess the compliance with
the Applicable Servicing Criteria.

The Asserting Party has complied, in all material respects, with the Applicable
Servicing Criteria for the Reporting Period.

PricewaterhouseCoopers LLP, an independent registered public accounting firm,
has issued an attestation report on the assessment of compliance with the
Applicable Servicing Criteria as of and for the Reporting Period ending
December 31, 2006 as set forth in this assertion.

     American Security Insurance Company
     Standard Guaranty Insurance Company
     Safeco Financial Institution Solutions, Inc.


        /s/ John Frobose
       By: John Frobose
        Senior Vice President


       Date: February 23, 2007
I 

117TH CONGRESS 

1ST SESSION H. R. 6172 

To direct the United States Postal Service to designate a single, unique 

ZIP Code for Kinnelon, New Jersey. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 8, 2021 

Ms. SHERRILL (for herself, Mr. NORCROSS, Mr. GOTTHEIMER, Mr. SIRES, Mr. 

PASCRELL, Mr. PAYNE, and Mrs. WATSON COLEMAN) introduced the following bill; which was referred to the Committee on Oversight and Reform 

A BILL 

To direct the United States Postal Service to designate a 

single, unique ZIP Code for Kinnelon, New Jersey. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SINGLE, UNIQUE ZIP CODE FOR KINNELON, 

4 NEW JERSEY. 

5 Not later than 180 days after the date of enactment 

6 of this section, the United States Postal Service shall des7 ignate a single, unique ZIP Code applicable to the area 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 6172 IH

1 encompassing solely the municipal boundaries of the Bor2 ough of Kinnelon, New Jersey. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
#### A. BOLOGNA & COMPANY, Inc., v. Sam I. LORIA et al.

No. 1958.

Court of Appeal of Louisiana. First Circuit.

March 22, 1939.

Ben N. Tucker, of Hammond, and Yar-rut & Stich, of New Orleans, for appellant.

Wm. A. Houghton, of Independence, for appellee.

DORE, Judge.

It is agreed by the parties litigant and their counsel that the facts and issues in this case are similar to those in the case of A. Bologna & Co., Inc., v. Guiseppe Arcardo, 187 So. 290, which we have this day decided, and that the decision in the latter case is controlling herein.

Therefore, for the reasons assigned in the case of A. Bologna & Co., Inc., v. Guiseppe Arcardo, the judgment of the District Court in the instant case is affirmed.
Exhibit 32.2

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 OshKosh B'Gosh, Inc. (the "Company") on Form 10-Q for the period ended October 4, 2003 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, David L. Omachinski, Executive Vice President, Chief Operating and Financial Officer and Treasurer 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 the best of 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.



|/s/ David L. Omachinski                                                    
|---------------------------------------------------------------------------
|                                                                           
|David L. Omachinski                                                        
|Executive Vice President, Chief Operating and Financial Officer & Treasurer
|October 22, 2003                                                           



A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to OshKosh B'Gosh, Inc. and will be retained by OshKosh B'Gosh, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
Wilshire Credit Corporation
Payments
P.O. Box 30040; Los Angeles, CA  90030-0040
or   P.O. Box 650314; Dallas, TX  75265-0314
Correspondence

P.O. Box 8517; Portland, OR  97207-8517
Phone

(503) 952-7947 (888) 502-0100
Fax

(503) 952-7476
Web Site

www.wfsg.com
Exhibit 35 [Wilshire logo]
Exhibit T CERTIFICATION OF SERVICER March 1, 2007 Merrill Lynch Mortgage Investors, Inc. 250 Vesey Street
4 World Financial Center, 10
th
Floor
New York, New York  10080
U.S. Bank National Association 60 Livingston Avenue Mail Code EP-MN-WS3D St. Paul, Minnesota 55107-2292 Attn: Structured Finance/SURF 2006-BC2
Re:
Pooling and Servicing Agreement (the "Agreement") dated as March 1, 2006 among Merrill Lynch Mortgage Investors, Inc., as Depositor, Wilshire Credit Corporation, as Servicer and U.S. Bank National Association, as Trustee, relating to Special Underwriting and Residential Finance Trust, Mortgage Loan Asset-Backed Certificates, Series 2006-BC2, Pool 1408
I, Ken Frye, Senior Vice President, Loan Servicing of Wilshire Credit Corporation (the "Servicer"), hereby certify that:
i.

A review of the activities of the Servicer during the preceding calendar year and of the
performance of the Servicer under this Agreement has been made under my supervision, and
ii.

To the best of my knowledge, based on such review, the Servicer has fulfilled all its obligations under this Agreement in all material respects throughout such year or a portion thereof, or if there has been a failure to fulfill any such obligation in any material respect, I have specified below each such failure known to me and the nature and status thereof.
Wilshire Credit Corporation, as Servicer
By: _/s/ __Ken  Frye____________
Name: Ken Frye Title: Senior Vice President Loan Servicing
EXHIBIT 32.1



Certification pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2001.



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





In connection with the Annual Report of High End Ventures, Inc., (the "Company") on Form 10KSB for the  year ended  September 30, 2006 as filed with the Securities and Exchange  Commission on the date hereof (the "Report"),  I, Thomas Charlton, Chief Executive Officer of the Company,  certify,  pursuant to 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2001, that:



The Report fully complies with the requirements of Section 13(a) or 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.



Dated:  October 10, 2006



s/s Thomas Forzani

Thomas Forzani, Chief Executive Officer
Exhibit 10.5

nStor Technologies, Inc.100 Century BoulevardWest Palm Beach, Florida 33417

April 30, 2004

H. Irwin Levy100 Century BlvdWest Palm Beach, FL 33417

Dear Mr. Levy:

We have agreed to the following amendments to that certain 10% Convertible Subordinated Promissory Note, dated June 14, 2002, in the amount of $650,000, as amended on June 30, 2003 increasing the outstanding principal of the Note to $818,370, as amended onDecember 31, 2003 increasing the outstanding principal of the Note to $859,625 with a maturity date of April 30, 2003 (the “Amended Note”), payable by nStor Corporation, Inc. to H. Irwin Levy, copies of which are attached hereto.

1)         The maturity date of the Amended Note is hereby extended from April 30, 2004 to July 31, 20054 (“Maturity”).

2)         Accrued and unpaid interest on the Amended Note through April 30, 2004 in the amount of $28,497 is hereby added to the $859,625 principal amount of the Amended Note so that as of the date hereof, the principalamount of the Amended Note has been increased to $888,122 (the “New Principal Amount”).  Interest at the rate of ten percent (10%) per annum will accrue on the unpaid New Principal Amount and be payable at Maturity.

Except as set forth in this letter, the Note remains unmodified and in full force and effect.

Please indicate your concurrence with the foregoing.

Sincerely,                                                                                               Agreed:/s/ JackJaiven                                                                         By:  /s/ H. Irwin LevyJackJaiven                                                                                          H. Irwin LevyVice President and Treasurer
#### Banks v. Hoyt et al.

If the action of the trial court in giving or refusing to give instructions is sought to be reviewed, the instructions must be incorporated into the record by a bill of exceptions; and, where such bill is stricken from the record, the action of the trial court will not be considered.

*Error to District Court of Gunnison County.*

Messrs. Thomas and Thomas, for plaintiff in error.

Mr. Henry L. Karr, for defendants in error.

Rising, C.

This case was tried to a jury, and a verdict for the defendant was returned. Plaintiff in error made an attempt to bring up the evidence, and his exceptions to the rulings of the court made on the trial in the admission of evidence over the plaintiff’s objection, by a bill of exceptions, but such bill was stricken from the files of this court. The errors assigned are based upon the rulings so attempted to be incorporated in a bill of exceptions, and upon the giving of instructions, and the refusal to give instructions. Counsel for defendants in error contend that, there being no bill of exceptions, the rulings of the court upon which error is assigned cannot be considered. It is conceded by counsel for plaintiff in error that the contention of defendant in error must prevail as to all errors assigned, except those assigned upon the giving and the refusal to give instructions. The question so raised is not an open one in this court. It has been held that objections to instructions rest upon matters *dehors*the record proper; and that, if the action of the trial court in giving or in refusing to give instructions is sought to be reviewed, the instructions must be incorporated into the record by a bill. *Mining Co. v. Kirtley,*8 Colo. 108. The judgment should be affirmed.

De Prance, C., concurs. Stallcup, C., dissents.

Per Curiam.

Por the reasons assigned in the foregoing opinion the judgment is affirmed.

*Affirmed.*
EXHIBIT 31(b)

I, Thomas A. Nardi, certify that:

1.	I have reviewed this quarterly report on Form 10-Q of North Shore Gas Company;

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;

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.	The registrant's other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

(a)	Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, 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 report is being prepared;

(b)	Evaluated the effectiveness of the registrant's disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and

(c)	Disclosed in this report any change in the registrant's internal control over financial reporting that occurred during the registrant's most recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant's internal control over financial reporting; and

5.	The registrant's other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrant's auditors and the audit committee of the registrant's board of directors (or persons performing the equivalent functions):

(a)	All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the registrant's ability to record, process, summarize and report financial information; and

(b)	Any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant's internal control over financial reporting.

 

Date: August 10, 2004

/s/ Thomas A. Nardi
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

AMANDA JAMES,

Appellant, 

v.

THE STATE OF TEXAS,

Appellee.

§

§

§

§

§

§

No. 08-20-00005-CR

Appeal from the

244th District Court

of Ector County, Texas1

(TC# C-17-1110-CR)

MEMORANDUM OPINION

Appellant Amanda James has filed a motion to withdraw her appeal, stating that she no 

longer wishes to proceed with her appeal. We construe this as a motion to voluntarily dismiss her

own appeal. The Court grants Appellant’s motion and dismisses this appeal. See TEX.R.APP.P.

42.2 (governing voluntary dismissals in criminal cases).

April 9, 2020

YVONNE T. RODRIGUEZ, Justice

Before Alley, C.J., Rodriguez, and Palafox, JJ.

(Do Not Publish)

1 We hear this on transfer from the Eleventh Court of Appeals in Eastland. See TEX.R.APP.P. 41.3.
**Exhibit 31.1****CERTIFICATION**I, C.E. Andrews, certify that:     1. I have reviewed this report on Form 10-K, and all reports on Form 10-D required to be filedin respect of the period covered by this report on Form 10-K of SLMStudent Loan Trust 2006-6 (the“Exchange Act periodic reports”);     2. Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do not containany untrue statement of a material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;     3. Based on my knowledge, the distribution, servicing and other information required to beprovided under Form 10-D for the period covered by this report is included in the Exchange Actperiodic reports;     4. Based on my knowledge and the servicer compliance statements required under this reportunder Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, theservicer and administrator have fulfilled their obligations under the servicing agreement andadministration agreement, as applicable, in all material respects; and     5. All of the reports on assessment of compliance with servicing criteria for asset-backedsecurities and their related attestation reports on assessment of compliance with servicingcriteria for asset-backed securities required to be included in this report in accordance with Item1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit tothis report, except as otherwise disclosed in this report. Any material instances of noncompliancedescribed in such reports have been disclosed in this report on Form 10-K. In giving thecertifications above, I have reasonably relied on information provided to me by Deutsche Bank TrustCompany Americas, as indenture trustee.Date: March 23, 2007   /s/ C.E. Andrews  C.E.Andrews  Chief Financial Officer  SLM Funding LLC