alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### In the Matter of Francis S., a Child Alleged to be Neglected. Commissioner of the Administration for Children’s Services of the City of New York, Respondent; Karen S., Also Known as Karen V., Appellant. (Proceeding No. 1.) In the Matter of Gianna S., a Child Alleged to be Neglected. Commissioner of the Administration for Children’s Services of the City of New York, Respondent; Karen S., Also Known as Karen V., Appellant. (Proceeding No. 2.) In the Matter of Taylor S., a Child Alleged to be Neglected. Commissioner of the Administration for Children’s Services of the City of New York, Respondent; Karen S., Also Known as Karen V., Appellant. (Proceeding No. 3.)

[745 NYS2d 486]

In three related child protective proceedings pursuant to Family Court Act article 10, the mother appeals from (1) a fact-finding order of the Family Court, Richmond County (Porzio, J.), dated October 27, 2000, which, after a hearing, determined that she neglected the subject children, and (2) an order of disposition of the same court, dated December 5, 2000, which, after a hearing, placed the children in her custody under the petitioner’s supervision for a period of 12 months.

Ordered that the appeal from the fact-finding order is dismissed, without costs or disbursements, as that order was superseded by the order of disposition; and it is further,

Ordered that the appeal from so much of the order of disposition as placed the children in the mother’s custody under the petitioner’s supervision for a period of 12 months is dismissed as academic, without costs or disbursements, as that portion of the order has expired by its own terms; and it is further,

Ordered that the order of disposition is affirmed insofar as reviewed, without costs or disbursements.

The mother’s appeal from so much of the order of disposition as placed the children in her custody under the petitioner’s supervision for a period of 12 months must be dismissed as academic because that portion of the order has expired by its own terms *(see Matter of Danielle S.,*282 AD2d 680; *Matter of Susan B.,*264 AD2d 478). Nevertheless, the adjudication of neglect has not been rendered academic *(see Matter of Eddie E.,*219 AD2d 719; *Matter of H. Children,*156 AD2d 520).

*508Where, as here, issues of credibility are presented, the Family Court’s findings must be accorded great deference (see *Matter of Jeremiah M.,*290 AD2d 450; *Matter of Alan B.,*267 AD2d 306, 307). The determination of the Family Court that the presentment agency established that the mother neglected the children in that she exposed them to acts of domestic violence is supported by a preponderance of the evidence (see *Matter of Jeremiah M., supra).*

The mother’s remaining contention is without merit. O’Brien, J.P., Krausman, Schmidt and Cozier, JJ., concur.
**Exhibit 32.2**

 

CERTIFICATIONPURSUANT TO

18 U.S.C., SECTION 1350,

AS ADOPTEDPURSUANT TO

SECTION 906OF THE SARBANES-OXLEY ACT OF 2002

 

In connection withthe Quarterly Report of Hickory Tech Corporation on Form 10-Q for theperiod ending June 30, 2008 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, David A. Christensen, ChiefFinancial Officer of HickoryTech, certify, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that:

 

(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 HickoryTech.

 

 
| /s/ David A.  Christensen                          |   |
|----------------------------------------------------|--------|
| David A.  Christensen                              |
| Senior Vice  President and Chief Financial Officer |
| July 29,  2008                                |

 

----
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

LEWIS T. BABCOCK, JUDGE

Criminal Case No. 11-cr-00420-LTB

UNITED STATES OF AMERICA,

Plaintiff,

v.

1. LUIS MOY,

Defendant.

________________________________________________________________________

MINUTE ORDER

________________________________________________________________________

BY ORDER OF JUDGE LEWIS T. BABCOCK

This will confirm that a further status/scheduling hearing regarding Defendant Moy

is set Monday, November 28, 2011 at 9:00 a.m. in Courtroom C401, Byron G. Rogers

United States Courthouse, 1929 Stout Street, Denver, Colorado. Defendant must be

present.

Government Counsel in Washington, D.C. may appear by telephone. Counsel are

requested to contact chambers (303-844-2527) prior to the hearing with a land line phone

number where they will be available. 

Dated: November 9, 2011
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Magistrate Judge Kathleen M. Tafoya

Civil Action No. 11–cv–02330–WYD–KMT

SUN S. KANG,

Plaintiff,

v. 

FIRST DATA CORPORATION, 

Defendant.

ORDER

This matter is before the court on Defendant’s “Motion for Leave to Amend Answer and

Affirmative Defenses.” (Doc. No. 6, filed Oct. 10, 2011.) In its Motion, Defendant seeks leave

to amend its answer to add a number of affirmative defenses. 

Pursuant to Fed. R. Civ. P. 15(a), “[t]he court should freely give leave [to amend the

pleadings] when justice so requires.” See also York v. Cherry Creek Sch. Dist. No. 5, 232 F.R.D.

648, 649 (D. Colo. 2005); Aspen Orthopaedics & Sports Medicine, LLC v. Aspen Valley Hosp.

Dist., 353 F.3d 832, 842 (10th Cir. 2003). The Supreme Court has explained the circumstances

under which denial of leave to amend is appropriate.

If the underlying facts or circumstances relied upon by a [party] may be a proper

subject of relief, he ought to be afforded an opportunity to test his claim on the

merits. In the absence of any apparent or declared reason-such as undue delay,

bad faith or dilatory motive on the part of the movant, repeated failure to cure

deficiencies by amendments previously allowed, undue prejudice to the opposing

Case 1:11-cv-02330-WYD-KMT Document 10 Filed 11/14/11 USDC Colorado Page 1 of 3
2

party by virtue of allowance of the amendment, futility of amendment, etc.-the

leave sought should, as the rules require, be “freely given.” Of course, the grant

or denial of an opportunity to amend is within the discretion of the District Court,

but outright refusal to grant the leave without any justifying reason appearing for

the denial is not an exercise of discretion; it is merely abuse of that discretion and

inconsistent with the spirit of the Federal Rules.

Foman v. Davis, 371 U.S. 178, 182 (1962); see also Triplett v. LeFlore County, Okl., 712 F.2d

444, 446 (10th Cir. 1983).

This case is in its infancy. Indeed, the court has not yet entered a Scheduling Order,

pursuant to Fed. R. Civ. P. 16(b), setting a deadline for amending the pleadings and joining

parties. Accordingly, the court finds that Defendant’s Motion is timely. 

The court also notes that it directed Plaintiff to file a response to Defendant’s Motion no

later than October 19, 2011. Based on Plaintiff’s failure to file a response on or before that date,

as well as the court’s independent review of the proposed Amended Answer and Affirmative

Defenses (Doc. No. 6-4), the court finds that there has been no showing of undue delay, bad faith

or dilatory motive, undue prejudice, or futility. 

Therefore, it is 

ORDERED that Defendant’s “Motion for Leave for Leave to Amend Answer and

Affirmative Defenses” (Doc. No. 6) is GRANTED. The Clerk of Court shall file Defendant’s

Case 1:11-cv-02330-WYD-KMT Document 10 Filed 11/14/11 USDC Colorado Page 2 of 3
3

 Amended Answer and Affirmative Defenses (Doc. No. 6-4). 

Dated this 14th day of November, 2011.

Case 1:11-cv-02330-WYD-KMT Document 10 Filed 11/14/11 USDC Colorado Page 3 of 3
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Honorable Marcia S. Krieger

Civil Action No. 11-cv-02756-MSK-BNB

GREG WILKINS,

Plaintiff,

v.

LEVEL 3 COMMUNICATIONS LLC,

Defendant.

 

ORDER OF RECUSAL

 

THIS MATTER arises sua sponte. The undersigned finds that grounds exist pursuant to

28 U.S.C. § 455 and the CODE OF CONDUCT FOR UNITED STATES JUDGES which require her

recusal in this matter due to a close, personal friendship with an attorney appearing in this

matter. Accordingly, it is

ORDERED that the undersigned judge hereby recuses herself from hearing this case. 

The Clerk shall randomly reassign this case to another judge of this Court and shall appropriately

adjust the “draw” of future cases.

DATED this 10th day of January, 2012.

BY THE COURT:

Marcia S. Krieger

United States District Judge

Case 1:11-cv-02756-WYD-BNB Document 13 Filed 01/10/12 USDC Colorado Page 1 of 1
<TABLE> <S> <C>


<ARTICLE>                     5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              JAN-31-1997
<PERIOD-END>                                   OCT-31-1997
<CASH>                                              47,293
<SECURITIES>                                             0
<RECEIVABLES>                                      110,731
<ALLOWANCES>                                        26,854
<INVENTORY>                                              0
<CURRENT-ASSETS>                                   169,656
<PP&E>                                              25,771
<DEPRECIATION>                                      11,801
<TOTAL-ASSETS>                                   1,332,118
<CURRENT-LIABILITIES>                              517,488
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                            11,780
<OTHER-SE>                                         228,025
<TOTAL-LIABILITY-AND-EQUITY>                     1,332,118
<SALES>                                            162,409
<TOTAL-REVENUES>                                   771,819
<CGS>                                                    0
<TOTAL-COSTS>                                            0
<OTHER-EXPENSES>                                     1,923
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                   1,923
<INCOME-PRETAX>                                     71,497
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                                 71,497
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                        71,497
<EPS-PRIMARY>                                            0
<EPS-DILUTED>                                            0
        


</TABLE>
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02717-PAB-MJW

JAMES L. NERO, individually and on behalf of a class of others similarly situated,

Plaintiff(s),

v.

AMERICAN FAMILY MUTUAL INSURANCE COMPANY,

Defendant(s).

MINUTE ORDER 

Entered by Magistrate Judge Michael J. Watanabe

It is hereby ORDERED that Plaintiff’s Renewed Motion for Leave to File Second

Amended Complaint (Docket No. 14) is granted, and the tendered Plaintiffs’ corrected

Second Amended Complaint at Law (Docket No. 14-1) is accepted for filing as of the

date of this Minute Order.

Date: January 3, 2012

Case 1:11-cv-02717-PAB-MJW Document 16 Filed 01/03/12 USDC Colorado Page 1 of 1
| Skip to Content*Release Date: March 9, 2006*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**D.2 Borrowing by Sector** |
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Philip A. Brimmer

Civil Action No. 11-cv-02588-PAB-KMT

ROBERT P. HAMMOND,

Plaintiff,

v.

METROPOLITAN LIFE INSURANCE COMPANY, a New York corporation,

Defendant.

ORDER OF RECUSAL

This matter is before me on review of the file. One of my sisters is a partner at

the law firm of Holland & Hart, counsel for defendant. For this reason, it would be

inappropriate for me to preside over this case. Accordingly, I will recuse myself. It is

therefore 

ORDERED that the judge’s file be returned to the clerk’s office for the case to be

reassigned by random draw.

DATED October 25, 2011.

BY THE COURT:

 s/Philip A. Brimmer 

PHILIP A. BRIMMER

United States District Judge

Case 1:11-cv-02588-JLK-KMT Document 9 Filed 10/25/11 USDC Colorado Page 1 of 1
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
CONSOLIDATED BALANCE SHEET AT DECEMBER 31, 1999 AND THE CONSOLIDATED STATEMENT
OF OPERATIONS AND CASH FLOWS FOR THE YEAR ENDED DECEMBER 31, 1999, AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<CASH>                                       1,159,995
<SECURITIES>                                         0
<RECEIVABLES>                                  113,688
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,273,683
<PP&E>                                       1,332,509
<DEPRECIATION>                                 757,936
<TOTAL-ASSETS>                               2,993,033
<CURRENT-LIABILITIES>                        3,906,499
<BONDS>                                      1,328,474
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        31,967
<OTHER-SE>                                  (2,273,907)
<TOTAL-LIABILITY-AND-EQUITY>                 2,993,033
<SALES>                                      5,649,236
<TOTAL-REVENUES>                             5,649,236
<CGS>                                        4,776,487
<TOTAL-COSTS>                                4,776,487
<OTHER-EXPENSES>                             2,469,788
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             438,447
<INCOME-PRETAX>                             (2,035,486)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                         (2,035,486)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                (2,035,486)
<EPS-BASIC>                                      (0.65)
<EPS-DILUTED>                                    (0.65)


</TABLE>
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 11-cv-02656-MSK-MJW

BRIAN M. GROSS,

Plaintiff,

v.

TOM CLEMENTS, 

JOHN DAVIS,

ELLEN BLACKMORE,

MARY CARTER, 

THOMAS FISHER,

MARY BETH KALYMER,

KERRY BARONI,

MARCIA MORTIN (aka DENIES MORTIN),

ARISTEDES ZAVARES,

STEVE M. VICALVI,

P. LASTRELL,

JOHN DOE,

JANE DOE, and

ANTHONY DECESARO,

Defendants.

MINUTE ORDER

Entered by Magistrate Judge Michael J. Watanabe

It is hereby ORDERED that the CDOC Defendants’ Motion to Stay Discovery and

Vacate Proposed Scheduling Order Deadline and April 26, 2012 Status Conference

(Docket No. 55) is granted in part and denied in part. The motion is granted to the

extent that all discovery in this matter is stayed until further order of the court. The

motion is denied in all other respects. The parties have not been directed to file a

proposed scheduling order, and thus defendants’ request to vacate a deadline to file a 

proposed scheduling order is moot. Furthermore, the Status Conference remains

set for April 26, 2012, at 9:30 a.m. 

Date: April 18, 2012

Case 1:11-cv-02656-MSK-MJW Document 58 Filed 04/18/12 USDC Colorado Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Chief Judge Wiley Y. Daniel

Civil Action No. 11-cv-02330-WYD-KMT

SUN S. KANG,

Plaintiff,

v.

FIRST DATA CORPORATION,

Defendant.

ORDER OF DISMISSAL WITH PREJUDICE

THIS MATTER comes before the Court on a Stipulation for Dismissal with

Prejudice (ECF No. 12), filed November 22, 2011. After a review of the file and the

Stipulation, it is

ORDERED that the Stipulation for Dismissal with Prejudice is APPROVED and

this case is DISMISSED WITH PREJUDICE, each party to pay their own costs and

attorneys’ fees.

Dated: November 23, 2011.

BY THE COURT:

s/ Wiley Y. Daniel 

WILEY Y. DANIEL,

CHIEF UNITED STATES DISTRICT JUDGE

Case 1:11-cv-02330-WYD-KMT Document 13 Filed 11/23/11 USDC Colorado Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Judge Philip A. Brimmer

Civil Action No. 11-cv-02717-PAB-MJW

JAMES L. NERO, individually and on behalf of a class of others similarly situated,

Plaintiffs,

v.

AMERICAN FAMILY MUTUAL INSURANCE COMPANY and

AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN,

Defendants.

_____________________________________________________________________

ORDER OF DISMISSAL WITHOUT PREJUDICE

AS TO DEFENDANT AMERICAN STANDARD 

INSURANCE COMPANY OF WISCONSIN

_____________________________________________________________________

This matter comes before the Court upon plaintiff’s Motion to Voluntarily Dismiss

Defendant American Family Standard Insurance Company of Wisconsin Without

Prejudice [Docket No. 12]. The Court has reviewed the pleading and is fully advised in

the premises. It is

ORDERED that the Motion to Voluntarily Dismiss Defendant American Family

Standard Insurance Company of Wisconsin Without Prejudice [Docket No. 12] is

GRANTED. It is further

ORDERED that, pursuant to Fed. R. Civ. P. 41(a), all claims against defendant

American Standard Insurance Company of Wisconsin are dismissed without prejudice,

with each party to bear its own attorneys’ fees and costs. 

Case 1:11-cv-02717-PAB-MJW Document 17 Filed 01/03/12 USDC Colorado Page 1 of 2
2

DATED January 3, 2012.

BY THE COURT:

 s/Philip A. Brimmer 

PHILIP A. BRIMMER

United States District Judge

Case 1:11-cv-02717-PAB-MJW Document 17 Filed 01/03/12 USDC Colorado Page 2 of 2
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation announces the following meeting:

*Name:*                         Advisory Committee for Computer and Information Science and Engineering—(1115).                    

*Date and Time:*                         October 17, 2008, 8:30 a.m.-5 p.m. (EDT).                    

*Place:*                         The National Science Foundation, 4201 Wilson Blvd., Room 1235, Arlington, VA 22230.                    

*Type of Meeting:*                         Open.                    

*Contact Person:*                         Maggie Whiteman, Office of the Assistant Director, Directorate for Computer and Information Science and Engineering, National Science Foundation, 4201 Wilson Blvd., Suite 1105, Arlington, VA 22230.                         *Telephone:*                         (703) 292-8900.                    

*Minutes:*                         May be obtained from the contact person listed above.                    

*Purpose of Meeting:*                         To discuss strategic priorities in computing. To advise NSF on the impact of its policies, programs and activities on the CISE community. To provide advice to the Assistant Director/CISE on issues related to long-range planning, and to form ad hoc subcommittees to carry out needed studies and tasks.                    

*Reason for Late Notice:*                         Due to administrative complications and scheduling issues. However, there is necessity to proceed with this meeting at this time.                    

*Agenda:*                         Report from the Assistant Director. Discussion of research, education, diversity, workforce issues in IT and long-range funding outlook.                    

Dated: October 8, 2008.

Susanne Bolton,

Committee Management Officer.

[FR Doc. E8-24243 Filed 10-10-08; 8:45 am]

BILLING CODE 7555-01-P
EXHIBIT 32.2



CHIEF FINANCIAL OFFICER CERTIFICATION OF PERIODIC REPORT UNDER SECTION 906 OF THE SARBANES-OXLEY ACT



I, James D. Constantine, Executive Vice President and Chief Financial and Administrative
Officer of Factory Card & Party Outlet Corp. (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 quarter ended July 30, 2005 (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 78o(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.



|                                                                       
|-----------------------------------------------------------------------
|Dated: September 12, 2005                                              
|                                                                       
|/s/ James D. Constantine                                               
|James D. Constantine                                                   
|Executive Vice President and Chief Financial and Administrative Officer



33