alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Cathy Hall, Appellant, v Barist Elevator Company, Defendant and Third-Party Plaintiff-Respondent. United Presbyterian Residence, Third-Party Defendant.

[807 NYS2d 639]

*585In an action to recover damages for personal injuries, the plaintiff appeals from so much of an order of the Supreme Court, Suffolk County (Underwood, J.), dated September 29, 2004, as granted that branch of the cross motion of Barist Elevator Company which was for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the cross motion which was for summary judgment dismissing the complaint is denied, and the complaint is reinstated.

The plaintiff allegedly was injured at her workplace when she became trapped in an elevator that accelerated upward, hit something, and fell to a level above the third floor. The plaintiff commenced this action against Barist Elevator Company (hereinafter Barist), which had been retained by her employer to service and maintain the elevator, claiming that the elevator malfunctioned due to Barist’s negligent failure to maintain it in a safe condition.

“An elevator company which agrees to maintain an elevator in safe operating condition may be liable to a passenger for failure to correct conditions of which it has knowledge or failure to use reasonable care to discover and correct a condition which it ought to have found” *(Rogers v Dorchester Assoc.,*32 NY2d 553, 559 [1973]). Here, even though Barist established, prima facie, that it had no actual or constructive notice of a defective condition on the subject elevator that would cause it to accelerate and hit something, or stop above the third floor and rumble or vibrate prior to this incident (see *Gurevich v Queens Park Realty Corp.,*12 AD3d 566 [2004]; *Carrasco v Millar El. Indus.,*305 AD2d 353 [2003]; *Bigio v Otis El. Co.,*175 AD2d 823 [1991]; *Smith v Jay Apts.,*33 AD2d 624 [1969]), the plaintiff, in opposition, raised a triable issue of fact regarding notice of such a defective condition (see *Gurevich v Queens Park Realty Corp., supra*at 566). Further, the plaintiff raised a triable issue of fact as to the applicability of the doctrine of res ipsa loquitur (see *Gurevich v Queens Park Realty Corp., supra; Carrasco v Millar El. Indus., supra*at 354; see *also Bigio v Otis El. Co., supra*at 824; *Weeden v Armor El. Co.,*97 AD2d 197, 205-207 [1983]). Thus, that branch of Barist’s cross motion which was for sum*586mary judgment dismissing the complaint should have been denied. Schmidt, J.P., Mastro, Spolzino and Covello, JJ., concur.
Case 1:11-cv-02211-LTB Document 3 Filed 10/03/11 USDC Colorado Page 1 of 3
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UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW HAMPSHIRE

Arthur D'Amario, III

v. Civil No. 07-cv-324-SM

US District Court - NH, Clerk

O R D E R

Pursuant to the provisions of 28 U.S.C. § 455, I recuse

myself from this case.

SO ORDERED.

____________________________

Joseph A. DiClerico, Jr.

United States District Judge

October 30, 2007

cc: Arthur D'Amario, III, pro se

Case 1:07-cv-00324-JAW Document 4 Filed 10/30/07 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Philip A. Brimmer

Criminal Case No. 11-cr-00343-PAB

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. JOEL MELKIN BANEGAS-PACHECO,

Defendant.

_____________________________________________________________________

ORDER SETTING TRIAL DATES AND DEADLINES

_____________________________________________________________________

This matter has been scheduled for a three-day jury trial on the docket of Judge

Philip A. Brimmer in the U.S. District Courthouse, Courtroom A701, 7th Floor, 901 19th

Street, Denver, Colorado, to commence on November 7, 2011 at 8:00 a.m. It is

ORDERED that all pretrial motions shall be filed by October 4, 2011 and

responses to these motions shall be filed by October 11, 2011. It is further

ORDERED that expert witness disclosures pursuant to Fed. R. Crim. P. 16 shall

be made no later than seven days before the deadline for filing pretrial motions and any

challenges to such experts shall be made by the pretrial motion filing deadline. It is

further

ORDERED that disclosures regarding rebuttal expert witnesses shall be made

one week after the deadline for filing pretrial motions and any challenges to such

experts shall be made no later than two weeks after the pretrial motions deadline. It is

further
2

ORDERED that a Trial Preparation Conference is set for November 1, 2011 at

1:00 p.m. in Courtroom A701. Lead counsel who will try the case shall attend in

person. 

The parties shall be prepared to address the following issues at the Trial

Preparation Conference:

1) jury selection;

2) sequestration of witnesses;

3) timing of presentation of witnesses and evidence;

4) anticipated evidentiary issues;

5) any stipulations as to fact or law; and

6) any other issue affecting the duration or course of the trial. 

DATED September 12, 2011.

BY THE COURT:

 s/Philip A. Brimmer 

PHILIP A. BRIMMER

United States District Judge
Exhibit 32.1



CERTIFICATION PURSUANT TO SECTION 906

OF THE
SARBANES-OXLEY ACT OF 2002



I, Paul Durando, certify that:



The Form 10-K of Nu Horizons Electronics Corp. for the period ended February
28, 2005 fully complies with the requirements of Section 13(a) of the Securities Exchange Act of 1934; and



The information contained in such report fairly presents, in all material respects, the financial condition and results of operations of Nu Horizons
Electronics Corp. for the periods presented.



/s/ Paul DurandoPaul DurandoVice President, FinanceDate: May 9, 2005




A signed original of this
written statement required by section 906 has been provided to Nu Horizons Electronics Corp. and will be retained by Nu Horizons Electronics Corp. and furnished to the Securities and Exchange Commission or its staff upon request.
IIB

107TH CONGRESS

1ST SESSION H. R. 1801

IN THE SENATE OF THE UNITED STATES

MAY 22, 2001

Received; read twice and referred to the Committee on Environment and

Public Works

AN ACT

To designate the United States courthouse located at 501

West 10th Street in Fort Worth, Texas, as the ‘‘Eldon

B. Mahon United States Courthouse’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1801 RFS

1 SECTION 1. DESIGNATION.

2 The United States courthouse located at 501 West

3 10th Street in Fort Worth, Texas, shall be known and des4 ignated as the ‘‘Eldon B. Mahon United States Court5 house’’.

6 SEC. 2. REFERENCES.

7 Any reference in a law, map, regulation, document,

8 paper, or other record of the United States to the United

9 States courthouse referred to in section 1 shall be deemed

10 to be a reference to the ‘‘Eldon B. Mahon United States

11 Courthouse’’.

Passed the House of Representatives May 21, 2001.

Attest: JEFF TRANDAHL,

Clerk.
<PAGE>

                                                                   EXHIBIT 10.34

                             SIXTH AMENDMENT TO THE
                            PER-SE TECHNOLOGIES, INC.
                        EMPLOYEES' RETIREMENT SAVING PLAN

         THIS SIXTH AMENDMENT made on this 16th day of December, 2003, by PER-SE
TECHNOLOGIES, INC., a corporation organized and existing under the laws of the
State of Delaware (the "Primary Sponsor");

                              W I T N E S S E T H:

         WHEREAS, the Primary Sponsor maintains the Per-Se Technologies, Inc.
Employees' Retirement Savings Plan (the "Plan") which was last amended and
restated on January 20, 2000;

         WHEREAS, the Primary Sponsor now wishes to amend the Plan primarily to
change the definition of Annual Compensation for the purposes of Internal
Revenue Code Section 401(m) nondiscrimination testing of Matching Contributions;

         NOW, THEREFORE, the Primary Sponsor does hereby amend the Plan,
effective as of January 1, 2003, by deleting the existing Section 1.5(a) and
substituting therefore the following new Section 1.5(a):

                  "(a) in determining the amount of contributions under Plan
         Section 3, allocations under Plan Section 4 made by or on behalf of an
         Employee, and for purposes of applying the provisions of Appendix A,
         Section 2, for such Plan Years as the Secretary of the Treasury may
         allow, Annual Compensation shall only include amounts received for the
         portion of the Plan Year during which the Employee was a Member. For
         purposes of applying the provisions of Appendix A, Section 5, for such
         Plan Years as the Secretary of the Treasury may allow, Annual
         Compensation shall only include amounts received for the portion of the
         Plan Year during which the Employee was eligible to receive a Matching
         Contribution, as defined by Appendix A, Section 1, from the Plan. For
         all purposes of this subsection (a), Annual Compensation shall exclude
         income from sources outside the United States, whether or not such
         income is excludable under Code Section 911."

         Except as specifically amended hereby, the Plan shall remain in full
force and effect as prior to this Sixth Amendment.

<PAGE>

         IN WITNESS WHEREOF, the Primary Sponsor hereto has caused this Sixth
Amendment to be executed as of the day and year first above written.

                                                  PER-SE TECHNOLOGIES, INC.

                                                  By: /s/ PHILIP M. PEAD
                                                      --------------------------
                                                      Philip M. Pead
                                                      Chairman, President and
                                                      Chief Executive Officer

[CORPORATE SEAL]

ATTEST:

By: /s/ PAUL J. QUINER
    --------------------------------
    Paul J. Quiner
    Corporate Secretary
Exhibit 23.1




   Consent Of Independent Public Accountants



   As   independent   public  accountants,  we  hereby  consent  to  the
   incorportion  of  our  reports  included  in this Form 10-K, into the
   Company's previously filed Registration Statements on Forms S-8 (Nos.
   33-22849,   33-36041,  33-42002,  33-50430,  and  33-64407)  and  the
   Registration Statements on Form S-3 (Nos. 33-60833 and 33-17177).  It
   should  be noted that we have not audited any financial statements of
   Carrington  Laboratories,  Inc.  subsequent  to December 31, 1996, or
   performed  any audit procedures subsequent to the date of our report,
   February 7, 1997 (except with respect to certain matters discussed in
   Note 7, as to which the date is April 25, 1997).




   Arthur Andersen LLP
   Dallas Texas,
   March 27, 1998
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Senior District Judge Richard P. Matsch

Civil Action No. 11-cv-02188-RPM

MCI COMMUNICATIONS SERVICES, INC.,

Plaintiff, 

v. 

SURE SHOT DRILLING, INC., 

Defendant.

____________________________________________________________________________

ORDER SETTING SCHEDULING CONFERENCE

____________________________________________________________________________

 

Pursuant to D.C.COLO.LCivR 16, it is

ORDERED that a scheduling conference will be held on March 28, 2012, at 11:00 a.m. in

the Conference Room, Second Floor, the Byron White United States Courthouse, 1823 Stout

Street, Denver, Colorado. Counsel are directed to comply with the Instructions for Preparation of

Scheduling Order which may be found at http://www.cod.uscourts.gov/judges/judges.aspx

(Senior Judge Richard P. Matsch Procedures) and use the format provided with those instructions

(Rev. 11/11). The proposed order (original only) on paper, shall be submitted directly to chambers

by 4:00 p.m. on March 22, 2012.

 The conference is conducted with lead counsel present in person. No parties or

representatives of parties will be permitted to attend.

Dated: February 22nd, 2012

BY THE COURT:

s/Richard P. Matsch

________________________________

Richard P. Matsch, Senior District Judge

Case 1:11-cv-02188-RPM Document 10 Filed 02/22/12 USDC Colorado Page 1 of 1
UNITED STATES DISTRICT COURT FOR THE

DISTRICT OF NEW HAMPSHIR E

United States of America

V .

Phoumasay Sihanourath

Criminal No . 08-cr-121-01-JD

O R D E R

The assented to motion to reschedule jury trial (document no .

10) filed by defendant is granted .

Defendant shall file a waiver of speedy trial rights within 10

days . The court finds that the ends of justice served by granting

a continuance outweigh the best interest of the public and the

defendant in a speedy trial, 18 U .S .C . § 3161 (h) (8) (B) (iv) , for the

reasons set forth in the motion .

SO ORDERED .

/s/Joseph A . DiClerico, Jr .

Joseph A . DiClerico, Jr .

United States District Judge

Date : October 20, 200 8

cc : Michael Iacopino, Esq .

Donald Feith, Esq .

U .S . Marsha l

U .S . Probation

Case 1:08-cr-00121-JD Document 11 Filed 10/20/08 Page 1 of 1
EXHIBIT 23

INDEPENDENT AUDITORS' CONSENT

The
Board of Directors
MSC.Software Corporation

We
consent to the incorporation by reference in the Registration Statements on Forms S-8 and S-3 (Nos. 33-51744, 33-65239,
333-12189, 333-62187, 333-84219, 333-38884, 333-68760, 333-68762, 333-89317, 333-86809 and
333-89319) of MSC.Software Corporation of our report dated February 14, 2003, with respect to the consolidated balance sheets of MSC.Software Corporation and subsidiaries as of
December 31, 2002 and 2001, and the related consolidated statements of operations, shareholders' equity and cash flows for the years then ended, which report appears in the December 31,
2002, Annual Report on Form 10-K/A of MSC.Software Corporation.

|                                        |  |             
|--------------------------------------- |  | ------------
|                                        |  | /s/ KPMG LLP
|                                        |  |             
|Costa Mesa, California
October 28, 2003 |  |             

---

QuickLinks
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 844 Introduced in House (IH)]

110th CONGRESS
  1st Session
H. RES. 844

    Recognizing the service and dedication of Dr. Daisaku Ikeda and 
                     celebrating his 80th birthday.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 5, 2007

 Mr. Johnson of Georgia submitted the following resolution; which was 
              referred to the Committee on Foreign Affairs

_______________________________________________________________________

                               RESOLUTION

 
    Recognizing the service and dedication of Dr. Daisaku Ikeda and 
                     celebrating his 80th birthday.

Whereas January 2, 2008, marks the 80th birthday of Dr. Daisaku Ikeda who has 
        dedicated his entire life to building peace and promoting human rights 
        through education and cultural exchange with deep conviction in the 
        shared humanity of our entire global family;
Whereas Dr. Ikeda is President of the Soka Gakkai International, a network of 
        12,000,000 people in 190 countries and territories around the world who 
        will join together to renew their commitment to live up to the 
        principles and ideals exemplified by his life;
Whereas Dr. Ikeda's efforts to perpetuate a steady stream of young peace 
        builders for generations to come has established numerous peace building 
        institutions, including the Soka education system with kindergarten 
        through post-graduate schools throughout the world;
Whereas Dr. Ikeda has demonstrated his ardent support of the United Nations by 
        submitting annual peace proposals for more than 25 years, detailing 
        practical programs and solutions for the world's problems;
Whereas, with Dr. Ikeda's leadership, the SGI-USA has been engaged and involved 
        in supporting the local communities with educational and inspirational 
        concerts, exhibits, youth programs, and especially with relief efforts 
        and support during the Los Angeles riots, Hurricane Katrina, and the 
        recent Southern California wildfires; and
Whereas it is the example of Dr. Ikeda's unyielding, lifetime commitment to the 
        vision of his mentor, Josei Toda, of the immense potential each person 
        can manifest and to share hope with others to do the same: Now, 
        therefore, be it
    Resolved, That the House of Representatives--
            (1) recognizes the service and dedication of Dr. Daisaku 
        Ikeda; and
            (2) celebrates his 80th birthday.
                                 <all>
```
#### In the Matter of Phillip A. Taylor, Appellant, v New York City Police Department FOIL Unit et al., Respondents.

[806 NYS2d 586]

Judgment, Supreme Court, New York County (Alice Schlesinger, J.), entered September 14, 2004, dismissing a petition pursuant to the Freedom of Information Law (FOIL), unanimously affirmed, without costs.

With respect to petitioner’s FOIL requests of May 27, July 14, September 8 and October 20, 2003, the petition was rendered moot by respondents’ production of records responsive to the requests as part of their motion to dismiss the instant proceeding, and certification that they had conducted a diligent search for the records they could not locate *(see Matter of Robles v Borakove,*6 AD3d 216 [2004]; *Matter of Alicea v New York City Police Dept.,*287 AD2d 286, 287 [2001]; *Matter of Davidson v Police Dept. of City of N.Y.,*197 AD2d 466 [1993]). Since respondents did not withhold any documents as exempt, and the documents produced themselves revealed the nature of minimal redactions that were made pursuant to Public Officers Law § 87 (2) (b), an in camera inspection was unnecessary *(see Robles; Davidson).*With respect to petitioner’s FOIL request of November 26, 2003, the petition was properly dismissed for failure to exhaust administrative remedies *(see Matter of Jamison v Tesler,*300 AD2d 194 [2002]). We reject petitioner’s argument that because respondents did not respond to his November 26 request until December 12, after the statutory five-day deadline had expired (Public Officers Law § 89 [3]), he could properly institute this proceeding on January 7, 2004 without first taking an administrative appeal *(cf. Lehigh Portland Cement Co. v New York State Dept. of Envtl. Conservation,*87 NY2d 136, 145 [1995]). We have considered petitioner’s other arguments and find them to be unavailing. Concur—Buckley, P.J., Friedman, Marlow, Sullivan and Malone, JJ.
```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 89 Introduced in House (IH)]

110th CONGRESS
  1st Session
H. RES. 89

Expressing the sense of the House of Representatives that a day should 
   be established as Dutch-American Friendship Day to celebrate the 
        historic ties of the United States and the Netherlands.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 23, 2007

 Mr. Hoekstra (for himself and Mr. Van Hollen) submitted the following 
   resolution; which was referred to the Committee on Oversight and 
                           Government Reform

_______________________________________________________________________

                               RESOLUTION

 
Expressing the sense of the House of Representatives that a day should 
   be established as Dutch-American Friendship Day to celebrate the 
        historic ties of the United States and the Netherlands.

Whereas, 225 years ago, on the 19th of April, 1782 in the City of the Hague, the 
        Ambassadorial credentials of John Adams were officially recognized by 
        Prince William V of Orange and the States-General, thus establishing 
        formal diplomatic ties between the new government of the United States 
        and the Republic of the Netherlands.
Whereas the historical ties between the Dutch and American people go back nearly 
        200 years earlier to the period when the Pilgrims resided for almost 11 
        years in the Netherlands before sailing to the new world;
Whereas the diplomatic ties between the governments of the United States and the 
        Netherlands are the longest continuous ties between the United States 
        and any country of the world;
Whereas the Dutch contribution to the American melting pot has played such a 
        significant role in the life of America as exemplified by Presidents 
        Martin Van Buren, Theodore Roosevelt, and Franklin Delano Roosevelt;
Whereas the bonds of friendship linking the Dutch and American people continue 
        to grow in strength and affection; and
Whereas the heritage of this friendship between peoples serves as a laudable 
        example for the kinds of relations that should link all the peoples of 
        the earth and should be properly extolled: Now, therefore, be it
    Resolved,  That it is the sense of the House of Representatives 
that a day should be established as Dutch-American Friendship Day to 
celebrate the historic ties of the United States and the Netherlands.
                                 <all>
```