alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Pharma Consult, Inc., Formerly Known as J.W.S. Delavau Co., et al., Appellants, v Nutrition Technologies LLC, Formerly Known as Delavau Holdings L.L.C., Respondent, et al., Defendants.

[809 NYS2d 9]

*422Order and judgment (one paper), Supreme Court, New York County (Karla Moskowitz, J.), entered May 26, 2005, which granted defendant buyer’s motion to confirm an arbitration award pursuant to CPLR 7511, unanimously affirmed, with costs.

The arbitral award at issue concerns an asset purchase agreement (APA) which provided for payment of the estimated value of the assets at closing, and an adjustment to the price based upon a post-closing net asset value statement. Claims relating to the post-closing statement were to be resolved, if necessary, through arbitration. There was a separate provision in the APA for claims for breach of warranty (§ 8). These claims were not subject to arbitration. They were, however, subject to various restrictions on payment, minimum thresholds, and, in effect, a deductible.

Prior to the arbitration, seller asserted that the claims at issue were not arbitrable, because they were actually breach of warranty claims governed by section 8 of the APA. The court, however, rejected that contention in a determination from which seller took no appeal.

The claims proceeded to arbitration. The arbitrator awarded buyer some $3.2 million. Seller now asserts that the arbitrator exceeded his authority, because he issued an award that was immediately payable, not one that was subject to the payment restrictions set forth in section 8.

An arbitral award may be vacated or modified where the arbitrator exceeds his authority (CPLR 7511 [b] [1] [iii]), but only where the limitation allegedly exceeded is found in the arbitration clause itself, not in some other part of the agreement *(see Matter of Brown & Williamson Tobacco Corp. v Chesley,*7 AD3d 368, 372 [2004]). Inasmuch as the limitation relied upon by seller is not found in the arbitration clause, seller has no cognizable claim that the arbitrator exceeded his authority. Moreover, since seller’s objection went to each and every claim in the arbitration, its failure to appeal before going forward with the arbitration constituted a waiver of that objection *(cf. Matter of Silverman [Benmor Coats],*61 NY2d 299, 310 [1984] [no waiver where some claims concededly arbitrable, because no stay would have issued]).

Seller also asserts that the arbitrator made a mathematical error in failing to credit it with a $225,000 refund it claims to have paid the buyer. While CPLR 7511 does allow for correction *423of awards for mathematical error, here seller raised this issue before the arbitrator and then abandoned it, submitting no proof to establish the credit. Therefore, the IAS court properly confirmed the portion of the award containing the alleged error. Concur—Mazzarelli, J.P., Andrias, Marlow, Gonzalez and Sweeny, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
       
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<FISCAL-YEAR-END>                          FEB-25-1999
<PERIOD-START>                             FEB-26-1998
<PERIOD-END>                               AUG-25-1998
<CASH>                                       4,014,890
<SECURITIES>                                         0
<RECEIVABLES>                                2,872,616
<ALLOWANCES>                                    61,000
<INVENTORY>                                 13,488,025
<CURRENT-ASSETS>                            20,588,078
<PP&E>                                       3,463,887
<DEPRECIATION>                               1,427,373
<TOTAL-ASSETS>                              23,230,390
<CURRENT-LIABILITIES>                        4,559,332
<BONDS>                                      5,860,888
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        45,500
<OTHER-SE>                                  12,764,670
<TOTAL-LIABILITY-AND-EQUITY>                23,230,390
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<CGS>                                       13,377,079
<TOTAL-COSTS>                               20,203,056
<OTHER-EXPENSES>                                     0
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<INCOME-PRETAX>                                166,213
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</TABLE>
#### UNITED STATES of America, Plaintiff-Appellee, v. John Wesley FAIRCLOTH, Defendant-Appellant.

No. 03-6992.

United States Court of Appeals, Fourth Circuit.

Submitted Aug. 14, 2003.

Decided Aug. 22, 2003.

John Wesley Faircloth, Appellant Pro Se. Rudolf A. Renfer, Jr., Assistant United States Attorney, Raleigh, North Carolina, for Appellee.

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

PER CURIAM.

John Wesley Faircloth seeks to appeal the district court’s order denying his motion for reduction of sentence under 18 U.S.C.A. § 3582(c)(2) (2000). We dismiss the appeal for lack of jurisdiction.

In criminal matters, the defendant must file his notice of appeal within ten days of the entry of judgment. Fed. R.App. P. 4(b)(1)(A); *see United States v. Alvarez,*210 F.3d 309, 310 (5th Cir.2000). With or without a motion, the district court may grant an extension of time to file of up to thirty days upon a showing of excusable neglect or good cause. Fed. R.App. P. 4(b)(4); *United States v. Reyes,*759 F.2d 351, 353 (4th Cir.1985).

The district court entered its order on February 17, 2003; the ten-day appeal period expired on March 3, 2003. Faircloth’s notice of appeal was postmarked May 27, 2003, and received by the district court on May 29, 2003, well beyond the expiration of the ten-day appeal period and thirty-day excusable neglect period.

Accordingly, we dismiss the appeal for lack of jurisdiction. 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.

*DISMISSED.*
```

[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1748 Engrossed in House (EH)]

  2d Session

                               H. R. 1748

_______________________________________________________________________

                                 AN ACT

 To designate the facility of the United States Postal Service located 
at 805 Glen Burnie Road in Richmond, Virginia, as the ``Tom Bliley Post 
                           Office Building''.
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
107th CONGRESS
  2d Session
                                H. R. 1748

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
at 805 Glen Burnie Road in Richmond, Virginia, as the ``Tom Bliley Post 
                           Office Building''.

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

SECTION 1. DESIGNATION.

    The facility of the United States Postal Service located at 805 
Glen Burnie Road in Richmond, Virginia, shall be known and designated 
as the ``Tom Bliley Post Office Building''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the facility referred to in section 1 
shall be deemed to be a reference to the ``Tom Bliley Post Office 
Building''.

            Passed the House of Representatives February 12, 2002.

            Attest:

                                                                 Clerk.
```
<PAGE>


                                                                      EXHIBIT 31

       STATEMENT PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002
                                       BY
                    PRINCIPAL EXECUTIVE AND FINANCIAL OFFICER
       REGARDING FACTS AND CIRCUMSTANCES RELATING TO EXCHANGE ACT FILINGS

I, Cary Brokaw, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Avenue Entertainment
Group, Inc.;

2. Based on my knowledge, this quarterly 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 quarterly
report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly 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 quarterly report;

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

         a) designed such disclosure controls and procedures to ensure that
         material information relating to the registrant, including its
         consolidated subsidiaries, is made known to us by others within those
         entities, particularly during the period in which this quarterly report
         is being prepared;

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

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

5. I have disclosed, based on our most recent evaluation, to the registrant's
auditors and the audit committee of registrant's board of directors (or persons
performing the equivalent function):

         a) all significant deficiencies in the design or operation of internal
         controls which could adversely affect the registrant's ability to
         record, process, summarize and report financial data and have
         identified for the registrant's auditors any material weaknesses in
         internal controls; and

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

Date:  August 15, 2005

                                            /s/ Cary Brokaw
                                            ------------------------------------
                                            Cary Brokaw
                                            President and Chief Executive and
                                            Financial Officer



                                       15
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

Derek Potocki

V .

Strafford County Dept. of

Corrections et al

Case No. 07-cv-71-SM

ORDE R

I herewith approve the Report and Recommendation of Magistrate Judge

Muirhead dated September 12, 2007, no objection having been filed. Plaintiff's

excessive force claim against defendant Pollared, the harassment claim against

defendant Derusha and the conditions of confinement claim against Dowaliby will

go forward. Plaintiff's claim relating to defendant Dowaliby's failure to further

criminal prosecution of Pollared is hereby dismissed .

SO ORDERED.

October 3. 2007

SVven J. M,(Auliffe

hief Judge

cc: Derek Potocki, pro se

Case 1:07-cv-00071-SM Document 13 Filed 10/03/07 Page 1 of 1
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

United States of America

v. Case No. 07-cr-45-PB

Dana Ragonese, et al.

O R D E R

The defendant, through counsel, has moved to continue the

August 21, 2007 trial in the above case, citing the need for

additional time to complete discovery and engage in plea

discussions or prepare for trial. The government and codefendants do not object to a continuance of the trial date.

Accordingly, for the above reason and to allow the parties

additional time to properly prepare for trial, the court will

continue the trial from August 21, 2007 to October 10, 2007. In

agreeing to continue the trial, the court finds pursuant to 18

U.S.C.A. § 3161(h)(8)(A) that for the above-stated reasons, the

ends of justice served in granting a continuance outweigh the

best interests of the public and the defendants in a speedy

trial.

Case 1:07-cr-00045-PB Document 76 Filed 07/24/07 Page 1 of 2
2

The July 24, 2007 final pretrial conference is continued to

September 25, 2007 at 3:30 p.m.

Defendant Chris Douglas has also filed a request for

continuance (Doc. No. 75) and I grant his motion in accordance

with this order. 

No further continuances.

SO ORDERED.

/s/Paul Barbadoro 

Paul Barbadoro

United States District Judge

July 24, 2007

cc: David W. Ruoff, Esq.

Glenn Geiger, Esq.

Harry Batchelder, Esq.

R. Brian Snow, Esq.

Bjorn Lange, Esq.

Peter Papps, Esq.

United States Probation

United States Marshal

Case 1:07-cr-00045-PB Document 76 Filed 07/24/07 Page 2 of 2
**EXHIBIT 32.2**

 

**CERTIFICATIONOF CHIEF FINANCIAL OFFICER to 18 U.S.C. SECTION 1350**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES —OXLEYACT OF 2002**

 

Inconnection with the Quarterly Report of EF Johnson Technologies, Inc. (the“Company”) on Form 10-Q for the quarter ended September 30, 2008 asfiled with the Securities and Exchange Commission on the date hereof (the “Report”),I, Jana Ahlfinger Bell, Executive Vice President and Chief Financial Officer ofthe Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:

 

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

 

2.                       The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company as of the dates and for the periods expressed inthe Report.

 
| ** ** | ** ** | **/S/ Jana Ahlfinger Bell** |
|------------|------------|-----------------------------|
|       |       | Jana Ahlfinger  Bell        |
|       |       | Chief Financial  Officer    |

 

**October 29,2008**

 

*A signed original of this written statement required by Section 906has been provided to the Company and will be retained by the Company andfurnished to the Securities and Exchange Commission or its staff upon request.*

 

----
29

B.9. Number of Agricultural Bank Failures

Year Q1 Q2 Q3 Q4 Total

1983...... 1 1 2 3 7

1984...... 3 7 10 12 32

1985...... 12 21 17 18 68

1986...... 14 14 21 16 65

1987...... 22 19 12 16 69

1988...... 11 6 12 7 36

1989...... 5 7 5 5 22

1990...... 3 5 6 3 17

1991...... 2 2 3 1 8

1992...... 1 1 1 4 7

1993...... 1 2 2 0 5

1994...... 0 0 0 0 0

1995...... 0 0 0 0 0

1996...... 0 2 0 0 2

1997...... 0 0 0 1 1

1998...... 0 0 1 0 1

1999...... 0 1 0 0 1

2000...... 0 0 0 0 0

2001...... 0 0 0 0 0

2002...... 1 0 0 1 2

2003...... 0 1 0 0 1

2004...... 0 1 n.a. n.a. n.a.

 Note. Data exclude banks assisted to prevent failure. Industrial banks and

mutual savings banks also are excluded. Agricultural banks are defined in

the introduction to section B.

 n.a. Not available.
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIRE

)

LISA MURPHY, INDIVIDUALLY )

AND AS MOTHER AND NEXT )

FRIEND OF D.B., )

)

Plaintiffs, )

)

v. ) Civil No. 06-459-JD

)

FRANKLIN REGIONAL HOSPITAL )

and the UNITED STATES OF AMERICA, )

)

Defendants. )

__________________________________________)

PLAINTIFFS’ ASSENTED-TO MOTION FOR VOLUNTARY DISMISSAL OF

THEIR CLAIMS AGAINST FRANKLIN REGIONAL HOSPITAL

NOW COME the plaintiffs, by and through their attorneys, Abramson, Brown & Dugan,

and move this Court as follows:

1. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, the plaintiffs

move to dismiss their claims against Franklin Regional Hospital, with prejudice, with each party

to bear its own costs and fees.

2. The plaintiffs intend to continue to prosecute their claims against the United

States of America.

3. Counsel for all parties assent to this motion. See Local Rule 7.1(c).

4. Plaintiffs’ counsel certifies that a separate memorandum of law is not necessary

because the requested relief is within the sound discretion of the Court. See Local Rule 7.1(a)(2). 

WHEREFORE, the plaintiffs respectfully request that this Honorable Court grant their

motion, dismiss their claims against Franklin Regional Hospital with prejudice with each party to

bear its own costs and fees, and grant such further relief as may be appropriate.

Case 1:06-cv-00459-JD Document 51 Filed 10/17/08 Page 1 of 3
2

Respectfully submitted

Lisa Murphy, Individually and as Mother

and Next Friend of D.B.

By Their Attorneys:

ABRAMSON, BROWN & DUGAN

DATED: October 17, 2008 BY: /s/ Jared R. Green 

Jared R. Green, Esquire

1819 Elm Street

Manchester, NH 03104

(603) 627-1819

NH Bar No. 10000

CERTIFICATE OF SERVICE

I hereby certify that on this date a copy of the foregoing was sent via the Court’s

electronic filing transmission facilities to:

 Gretchen Leah Witt, Esquire

Assistant U.S. Attorney

Chief, Civil Division

NH Bar No. 2775

53 Pleasant Street

Concord, NH 03301

(603) 225-1552

gretchen.witt@usdoj.gov

and

Ronald J. Lajoie, Esquire

Wadleigh, Starr & Peters

95 Market Street

Manchester, NH 03101

(603) 669-4140

rlajoie@wadleighlaw.com

and

Case 1:06-cv-00459-JD Document 51 Filed 10/17/08 Page 2 of 3
3

Mary E. Schwarzer, Esquire

Office of Medicaid Business and Policy

NH Department of Health and Human Services

129 Pleasant Street, Brown Building

Concord, NH 03301-3857

(603) 271-4995

Mary.E.Schwarzer@dhhs.state.nh.us

 /s/ Jared R. Green 

Jared R. Green, Esquire (#10000)

Case 1:06-cv-00459-JD Document 51 Filed 10/17/08 Page 3 of 3
<PAGE>


                                                                      EXHIBIT 32


  WRITTEN STATEMENT OF THE PRESIDENT AND CHIEF EXECUTIVE AND FINANCIAL OFFICER
                           PURSUANT TO 18 U.S.C. "1350

Solely for the purposes of complying with 18 U.S.C. "1350, I, the undersigned
President and Chief Executive and Financial Officer of Avenue Entertainment
Group, Inc. (the "Company"), hereby certify, based on my knowledge, that the
Quarterly Report on Form 10-QSB of the Company for the quarter ended September
30, 2004 (the "Report") fully complies with the requirements of Section 13(a) of
the Securities Exchange Act of 1934 and that information contained in the Report
fairly presents, in all material respects, the financial condition and results
of operations of the Company.



                                                              /s/ Cary Brokaw
November 15, 2004
EXHIBIT 32.2



CFO CERTIFICATION OF PERIODIC REPORT



I, Kevin T. Michaels, Senior Vice President, Finance and Chief Financial Officer of Powerwave Technologies, Inc. (the Company),
certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



| | 1. |  | the Quarterly Report on Form 10-Q of the Company for the quarterly period ended June 29, 2003 (the Report) fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 780(d)); 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 1, 2003 |  | By: |  | /s/ KEVIN T. MICHAELS                                     
|----- |  | -------------- |  | --- |  | ----------------------------------------------------------
|      |  |                |  |     |  | Kevin T. Michaels                                         
|      |  |                | 
|      |  |                |  |     |  | Senior Vice President, Finance and Chief Financial Officer
|      |  |                | 
|      |  |                |  |     |  | Powerwave Technologies, Inc.
UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Industrial Communications and

Electronics, Inc., et al.

v. Civil No. 07-cv-00082-JL

Town of Alton

 O R D E R

The plaintiff’s motion for summary judgment on Count 1 (doc.

#18), filed shortly after this case was reassigned to the

undersigned judge, should have been ruled on by this time; it

simply slipped through the court’s administrative cracks and only

recently came to the undersigned judge’s attention. 

The motion for summary judgment on Count 1 (doc. #18) is

denied without prejudice to being reinstated upon the plaintiff’s

request. 

Further, the court hereby assumes that the plaintiff

requests the immediate reinstatement of the motion, grants that

reinstatement, and will take up the motion along with plaintiff’s

motion for summary judgment on Count 2 (doc. #36). No filing by

the plaintiff is required to effectuate the reinstatement; it is

granted and ordered. 

The court apologizes to the parties and counsel for any

confusion, inconvenience or anxiety caused by this delay. 

Case 1:07-cv-00082-JL Document 50 Filed 08/11/08 Page 1 of 2
2

SO ORDERED.

 

Joseph N. Laplante

United States District Judge

Dated: August 11, 2008

cc: Earl W. Duval, Esq.

Steven E. Grill, Esq.

Anthony S. Augeri, Esq.

Katherine Blackall Miller, Esq.

Robert M. Derosier, Esq.

Paul T. Fitzgerald, Esq.

Case 1:07-cv-00082-JL Document 50 Filed 08/11/08 Page 2 of 2