alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Dominick J. Nazzaro et al., Appellants, v Martin H. Savitz, Respondent.

[745 NYS2d 721]

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Rockland County (Nelson, J.), entered September 4, 2001, which granted the defendant’s motion for leave to enter judgment in his favor based on the plaintiffs’ failure to timely file proof of service in accordance with CPLR former 306-b and denied their cross motion to extend the time to file proof of service nunc pro tunc pursuant to CPLR 2004.

Ordered that the order is affirmed, with costs.

Since the plaintiffs failed to file proof of service within 120 days of the filing of the summons with notice and the defendant did not appear within that time period, dismissal of the action was automatic and self-executing pursuant to CPLR former 306-b *(see Garcia v Pointdujour,*292 AD2d 497; *Antoine v Patel,*268 AD2d 546). Contrary to the plaintiffs’ contentions, nunc pro tunc relief pursuant to CPLR 2004 is not available *(see Connor v Deas,*255 AD2d 287; *Long v Quinn,*234 AD2d 520) and the current version of CPLR 306-b may not be applied retroactively *(see Lindgren v St. Vincent’s Med. Ctr. of Richmond,*272 AD2d 451; *Antoine v Patel, supra).*Consequently, the Supreme Court properly granted the defendant’s motion and denied the plaintiffs’ cross motion.

The plaintiffs’ remaining contention is without merit. O’Brien, J.P., Friedmann, McGinity and H. Miller, JJ., concur.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 99-7317

CARL M. RICHARDSON,

Petitioner - Appellant,

versus

RONALD J. ANGELONE,

Respondent - Appellee.

Appeal from the United States District Court for the Western District of Virginia, at Roanoke. Jackson L. Kiser, Senior District

Judge. (CA-99-460-7)

Submitted: January 18, 2000 Decided: March 7, 2000

Before LUTTIG, MICHAEL, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Carl M. Richardson, Appellant Pro Se. Eugene Paul Murphy, OFFICE OF

THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
* To the extent that Richardson asserts new claims in his

informal brief in this court, we conclude those claims are either

procedurally defaulted or not cognizable for the first time on

appeal. See Muth v. United States, 1 F.3d 246, 250 (4th Cir.

1993).

2

PER CURIAM:

Carl M. Richardson appeals the district courts order denying

relief on his petition filed under 28 U.S.C.A. § 2254 (West 1994 &

Supp. 1999). We have reviewed the record and the district court's

opinion and find no reversible error. Accordingly, we deny a certificate of appealability and dismiss the appeal on the reasoning

of the district court. See Richardson v. Angelone, No. CA-99-460-7

(W.D. Va. Aug. 28, 1999).* 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
**EXHIBIT
      32.2**




**CERTIFICATION
      OF CHIEF FINANCIAL OFFICER**


**PURSUANT
      TO 18 U.S.C. SECTION 1350, AS ADOPTED**


**PURSUANT
      TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**





I,
      Robert
      Scherne, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
      Section 906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of
      New
      Generation Holdings, Inc. on Form 10-QSB, for the quarter ended June 30, 2007
      fully complies with the requirements of Section 13(a) or 15(d) of the Securities
      Exchange Act of 1934 and that information contained in such Form 10-QSB fairly
      presents in all material respects the financial condition and results of
      operations of New Generation Holdings, Inc.




/*s*/*Robert
                Scherne**Robert
                Scherne*
              *Chief
                Financial Officer*
              *New
                Generation Holdings, Inc.*


August
      3,
      2007
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED FINANCIAL STATEMENTS INCLUDED IN THE FORM 10-Q AND IS QUALIFIED IN
ITS ENTIRETY TO REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<CASH>                                          27,855
<SECURITIES>                                    46,934
<RECEIVABLES>                                   81,086
<ALLOWANCES>                                     1,946
<INVENTORY>                                          0
<CURRENT-ASSETS>                               182,228
<PP&E>                                          25,917
<DEPRECIATION>                                   7,093
<TOTAL-ASSETS>                                 230,797
<CURRENT-LIABILITIES>                           51,446
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           503
<OTHER-SE>                                     169,997
<TOTAL-LIABILITY-AND-EQUITY>                   230,797
<SALES>                                              0
<TOTAL-REVENUES>                               121,377
<CGS>                                           81,562
<TOTAL-COSTS>                                  104,183
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                   117
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                 16,009
<INCOME-TAX>                                     5,905
<INCOME-CONTINUING>                             10,104
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    10,104
<EPS-PRIMARY>                                     0.20
<EPS-DILUTED>                                     0.20
        

</TABLE>
---

|EXHIBIT 32.1                               
|-------------------------------------------
|                                           
|                                           
|CERTIFICATION                              
|PURSUANT TO 18 U.S.C. SECTION 1350         
|AND RULE 13a-14(b) OR RULE 15d-14(b)       
|OF THE U.S. SECURITIES EXCHANGE ACT OF 1934

In connection with the Quarterly Report of Golden Queen Mining
Co. Ltd. (the "Company") on Form 10-Q for the fiscal quarter ended June 30, 2009
(the "Report"), the undersigned, in the capacities and on the date indicated
below, hereby 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.

|Dated: August 13, 2009 | /s/ Lutz Klingmann                                               
|---------------------- | -----------------------------------------------------------------
|                       | Lutz Klingmann                                                   
|                       | Principal Executive Officer and Principal
      Financial Officer

---
Exhibit 32.1

CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TO SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

Inconnection with the Annual Report of Calypso Wireless, Inc. (the “Company”) onForm 10-KSB for the fiscal year ended December 31, 2005 (the “Report”), as filedwith the Securities and Exchange Commission on the date hereof, I, David Davilo, CEO andPresident of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuantto Section 906 of the Sarbanes-Oxley Act of 2002, that:

1. TheReport fully complies with the requirements of section 13(a) or 15(d) of the SecuritiesExchange Act of 1934, as amended; and

2. Theinformation contained in the Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.

 

/s/ David DaviloCEO and PresidentDated: June 8, 2006

A signed original of this writtenstatement required by Section 906 has been provided to Calypso Wireless, Inc. and will beretained by the Company and furnished to the Securities and Exchange Commission or itsstaff upon request.
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







Pursuant
      to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a) and (b)
      of
      section 1350, chapter 63 of title 18, United States Code), each of the undersigned
      officers of M Power Entertainment, Inc., a Delaware corporation


(the
      "Company"), does hereby certify, to such officer's knowledge, that:





Ÿ
            The
                Quarterly Report for the quarter ended Sept 30, 2006 (the "Form
                10-QSB") of the Company fully complies with the requirements of Section
                13(a) or 15(d) of the Securities Exchange Act of 1934,
                andŸ
            the
                information contained in the Form 10-QSB fairly presents, in all
                material
                respects, the financial condition and results of operations of the
                Company.




Dated: November
      16, 2006











/s/
      Gary
      F. Kimmons


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


Gary
      F.
      Kimmons, President,


Chief
      Executive Officer and


Chief
      Financial Officer
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02536-PAB-MEH

ELAINE CALDERON,

Plaintiff,

v.

SAFEHOUSE PROGRESSIVE ALLIANCE FOR NONVIOLENCE, and

ANN TAPP, Executive Director, Safehouse Progressive Alliance for Nonviolence,

Defendants.

MINUTE ORDER

Entered by Michael E. Hegarty, United States Magistrate Judge, on June 7, 2013.

Defendants’ Motion for Leave to Conduct Preservation Deposition of Nancy Chavez-Porter

[filed June 5, 2013; docket #149] is granted as follows:

1. Defendants may take a preservation deposition of Nancy Chavez-Porter before the deadline

set by Judge Brimmer in his June 5, 2013 order, and the Plaintiff will cooperate in the

scheduling of the deposition; 

2. The deposition will last no longer than two hours in duration;

3. Defendants will provide to Plaintiff copies of travel documents demonstrating that Ms.

Chavez-Porter will be in Peru during the time scheduled for trial AND a copy of the

preservation deposition transcript; and

4. Defendants will produce Ms. Chavez-Porter as a witness at trial if circumstances change and

she does not travel to Peru during the time scheduled for trial.

Also, in light of this order, the motion hearing currently scheduled for June 10, 2013 at 11:00

a.m. before this Court is vacated.

Case 1:11-cv-02536-PAB-MEH Document 154 Filed 06/07/13 USDC Colorado Page 1 of 1
[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Notices]
[Pages 58714-58715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23624]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Area 3 Taxpayer Advocacy Panel (Including the 
States of Florida, Georgia, Alabama, Mississippi, Louisiana, Arkansas, 
and the Territory of Puerto Rico)

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Area 3 Taxpayer Advocacy Panel will be 
conducted via telephone conference call. The Taxpayer Advocacy Panel is 
soliciting public comments, ideas, and suggestions on improving 
customer service at the Internal Revenue Service.

DATES: The meeting will be held Monday, November 17, 2008.

[[Page 58715]]


FOR FURTHER INFORMATION CONTACT: Sallie Chavez at 1-888-912-1227, or 
954-423-7979.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Area 3 Taxpayer Advocacy Panel will be held 
Monday November 17, 2008, at 12:30 p.m. Eastern Time via a telephone 
conference call. If you would like to have the TAP consider a written 
statement, please call 1-888-912-1227 or 954-423-7979, or write Sallie 
Chavez, TAP Office, 1000 South Pine Island Rd., Suite 340, Plantation, 
FL 33324. Due to limited conference lines, notification of intent to 
participate in the telephone conference call meeting must be made with 
Sallie Chavez. Ms. Chavez can be reached at 1-888-912-1227 or 954-423-
7979, or post comments to the Web site: http://www.improveirs.org.
    The agenda will include: Various IRS issues.

    Dated: September 26, 2008.
Roy L. Block,
Acting Director, Taxpayer Advocacy Panel.
 [FR Doc. E8-23624 Filed 10-6-08; 8:45 am]
BILLING CODE 4830-01-P
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Boyd N. Boland

Civil Action No. 11-cv-02484-CMA-BNB

BENJAMIN GODFREY CHIPPS, SR.,

Plaintiff,

v.

UNITED STATES OF AMERICA,

Defendant.

______________________________________________________________________________

ORDER

______________________________________________________________________________

This matter arises on Defendant’s Unopposed Motion to Vacate Scheduling

Conference [Doc. # 9, filed 1/22/2012] (the “Motion”). The Motion seeks an order vacating the

scheduling conference set for February 7, 2012, and (essentially) a stay of discovery until the

district judge rules on the defendant’s motion to dismiss. The motion to dismiss raises the issue

of sovereign immunity. The plaintiff does not oppose the requested relief. Good cause having

been shown,

IT IS ORDERED:

(1) The Motion [Doc. # 9] is GRANTED, and the scheduling conference set for

February 7, 2012, is VACATED; and

(2) The parties shall file a status report within ten days after any ruling resolving the

issues raised by the motion to dismiss.

Case 1:11-cv-02484-CMA-BNB Document 11 Filed 01/24/12 USDC Colorado Page 1 of 2
2

Dated January 24, 2012.

BY THE COURT:

 s/ Boyd N. Boland 

United States Magistrate Judge

Case 1:11-cv-02484-CMA-BNB Document 11 Filed 01/24/12 USDC Colorado Page 2 of 2
[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Page 60397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23991]


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

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Environmental Impact Statement: Olmsted County, MN

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Intent to Terminate EIS.

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

SUMMARY: The FHWA is issuing this notice to advise the public that the 
Environmental Impact Statement (EIS) process for proposed highway 
improvements to Trunk Highway (TH) 14 in Olmsted County, Minnesota is 
terminated. The original Notice of Intent for this EIS process was 
published in the Federal Register on October 7, 2002.

FOR FURTHER INFORMATION CONTACT: Cheryl Martin, Environmental Engineer, 
Federal Highway Administration, Galtier Plaza, Suite 500, 380 Jackson 
Street, St. Paul, Minnesota 55101, Telephone (651) 291-6120; or Greg 
Paulson, P.E., Project Manager, Minnesota Department of 
Transportation--District 6, 2900 48th Street NW., Rochester, Minnesota 
55901, Telephone (507) 286-7502; (651) 296-9930 TTY.

SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the Minnesota 
Department of Transportation (Mn/DOT) has terminated the EIS process 
begun in 2002 to address safety, operational, structural and geometric 
deficiencies on TH 14 from the end of the four-lane roadway on the east 
side of Rochester through Eyota, approximately eight miles, Olmsted 
County, Minnesota. The Scoping Decision Document for the project was 
approved by Mn/DOT on October 1, 2003. On December 18, 2003, Mn/DOT 
notified federal, state and local agencies through the Minnesota 
Environmental Quality Board's Distribution List that funding 
constraints have resulted in a delay in proceeding with the 
environmental review process for the project. At such time when funding 
is available to proceed with the project, the results of the scoping 
process will be reviewed and updated, as appropriate. Therefore, the 
EIS for this project has been terminated.

(Catalog of Federal Domestic Assistance Program Number 20.205, 
Highway Planning and Construction. The regulations implementing 
Executive Order 12372 regarding intergovernmental consultation on 
Federal programs and activities apply to this program.)

    Issued on: October 2, 2008.
Cheryl B. Martin,
Environmental Engineer, Federal Highway Administration, St. Paul, 
Minnesota.
 [FR Doc. E8-23991 Filed 10-9-08; 8:45 am]
BILLING CODE 4910-22-M
II 

110TH CONGRESS 

1ST SESSION S. 1345 

To affirm that Federal employees are protected from discrimination on the 

basis of sexual orientation and to repudiate any assertion to the contrary. 

IN THE SENATE OF THE UNITED STATES 

MAY 9, 2007 

Mr. AKAKA (for himself, Mr. LIEBERMAN, Ms. COLLINS, Mr. LEVIN, Mr. 

LEAHY, Mr. FEINGOLD, and Mrs. CLINTON) introduced the following bill; 

which was read twice and referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To affirm that Federal employees are protected from discrimination on the basis of sexual orientation and to 

repudiate any assertion to the contrary. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clarification of Federal 

5 Employment Protections Act’’. 

6 SEC. 2. DISCRIMINATION ON THE BASIS OF SEXUAL ORI7 ENTATION PROHIBITED. 

8 (a) REPUDIATION.—In order to dispel any public con9 fusion, Congress repudiates any assertion that Federal 


ccoleman on PRODPC75 with BILLS
2 

•S 1345 IS

1 employees are not protected from discrimination on the 

2 basis of sexual orientation. 

3 (b) AFFIRMATION.—It is the sense of Congress that, 

4 in the absence of the amendment made by subsection (c), 

5 discrimination against Federal employees and applicants 

6 for Federal employment on the basis of sexual orientation 

7 is prohibited by section 2302(b)(10) of title 5, United 

8 States Code. 

9 (c) AMENDMENT.—Section 2302(b)(1) of title 5, 

10 United States Code, is amended— 

11 (1) by striking ‘‘or’’ at the end of subparagraph 

12 (D); 

13 (2) by inserting ‘‘or’’ at the end of subpara14 graph (E); and 

15 (3) by adding at the end the following: 

16 ‘‘(F) on the basis of sexual orientation.’’. 

Æ 


ccoleman on PRODPC75 with BILLS
Order filed February 17 , 20 1 2

.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 12

- 00 134

- CV

____________ HARTFORD FINANCIAL SERVICES GROUP, INC. , Appellant

V.
JOSE LUIS SANCHEZ, ET. AL. , Appellee s

On Appeal from the 133rd District Court Harris County, Texas Trial Court Cause No. 2010

- 15489



### O R D E R
This is an accelerated appeal from an interlocutory order issued January 30, 2012

. On February 17, 2012 , appellant filed a motion in this court requesting temporary orders pursuant to Texas Rule of Appellate Procedure 29. Rule 29.3 provides that in an appeal from an interlocutory order, an appellate court may make “ any temporary orders necessary to preserv e the parties ’ rights until disposition of the appeal and may require appropriate security. ” Tex. R. App. P. 29.3.
Appellant requests that we stay production of discovery in the underlying case pending disposition of the interlocutory appeal. It appear s from the facts stated in the2 motion that appellant ’ s rights may be prejudiced unless immediate temporary relief is granted. Accordingly, we grant the motion and issue the following order.

We therefore ORDER that discovery proceeding in the court below b e stayed in trial
court cause number 2010

- 15489 , styled Jose Luis Sanchez, et. al. v. Hartfor Insurance Company of the Midwest, et. al. The order is stayed until final decision by this court in this interlocutory appeal or until further orders of this cou rt.
Appellees are requested to file a response to appellant’s motion on or before February 24, 2012.

PER CURIAM
<TABLE> <S> <C>

<ARTICLE>    5
       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          NOV-30-1995
<PERIOD-END>                               NOV-30-1995
<CASH>                                       5,161,000
<SECURITIES>                                         0
<RECEIVABLES>                                8,964,000
<ALLOWANCES>                                         0
<INVENTORY>                                 73,685,000
<CURRENT-ASSETS>                            90,942,000
<PP&E>                                         474,000
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              91,416,000
<CURRENT-LIABILITIES>                        3,270,000
<BONDS>                                     46,227,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                       264,000
<OTHER-SE>                                  26,749,000
<TOTAL-LIABILITY-AND-EQUITY>                91,416,000
<SALES>                                    180,843,000
<TOTAL-REVENUES>                           180,843,000
<CGS>                                      156,690,000
<TOTAL-COSTS>                              182,068,000
<OTHER-EXPENSES>                             (765,000)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                           1,847,000
<INCOME-PRETAX>                            (2,307,000)
<INCOME-TAX>                                   831,000
<INCOME-CONTINUING>                        (3,138,000)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (3,138,000)
<EPS-PRIMARY>                                    (.12)
<EPS-DILUTED>                                    (.12)
        

</TABLE>
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02569-MSK-MJW

NICHOLE WILLIAMS,

Plaintiff(s),

v.

REDLINE RECOVERY SERVICES, LLC, a Georgia limited liability company,

Defendant(s).

MINUTE ORDER 

Entered by Magistrate Judge Michael J. Watanabe

It is hereby ORDERED that Stipulated Motion for Entry of Protective Order

(docket no. 7) is GRANTED finding good cause shown. The written Protective Order

(docket no. 7-1) is APPROVED and made an Order of Court.

Date: December 12, 2011

Case 1:11-cv-02569-MSK-MJW Document 13 Filed 12/12/11 USDC Colorado Page 1 of 1