alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

 MAGISTRATE JUDGE MICHAEL E. HEGARTY

Civil Action No. 11-cv-02343-MSK-MEH Date: March 13, 2012

Courtroom Deputy: Cathy Coomes FTR – Courtroom A501

CHERYL ARABALO, Samuel Trapp (by phone)

Plaintiff,

vs.

CITY OF DENVER, COUNTY OF DENVER, Robert Nespor

ASHLEY KILROY, and Jennifer Jacobson

CAPTAIN GUTIERREZ, Cathy Havener Greer

(by phone)

Defendants.

COURTROOM MINUTES/MINUTE ORDER

TELEPHONIC MOTION HEARING 

Court in session: 9:38 a.m.

Court calls case. Appearances of counsel.

Discussion regarding the Court’s order (Doc. #43, filed 2/23/12) that each defendant file a

response to Plaintiff’s (Second) Motion for Leave to Amend Pleadings (Doc. #40, filed 2/17/12) 

on or before March 2, 2012, and why no responses were filed.

ORDERED: For reasons stated on the record, Plaintiff’s (Second) Motion for Leave to Amend

Pleadings (Doc. #40, filed 2/17/12) is GRANTED. The Clerk of the Court is

directed to accept the tendered Amended Complaint (Doc. #41, filed 2/17/12) for

filing as of today’s date, March 13, 2012.

Court in recess: 9:50 a.m. (Hearing concluded)

Total time in court: 0:12

Case 1:11-cv-02343-MSK-MEH Document 46 Filed 03/13/12 USDC Colorado Page 1 of 1
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.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

          - [FEMA-1791-DR]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the State of Texas (FEMA-1791-DR), dated September 13, 2008, and related determinations.

# DATES:

*Effective Date:*                         October 2, 2008.                    

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Disaster Assistance Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3886.

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the State of Texas is hereby amended to include the following area among those areas determined to have been adversely affected by the catastrophe declared a major disaster by the President in his declaration of September 13, 2008.

Chambers County for Public Assistance [Categories C-G] (already designated for Individual Assistance and debris removal and emergency protective measures [Categories A and B], including direct Federal assistance, under the Public Assistance program).

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036; Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

R. David Paulison,

Administrator, Federal Emergency Management Agency.

 [FR Doc. E8-24097 Filed 10-9-08; 8:45 am]

BILLING CODE 9111-23-P
| Skip to Content*Release Date: June 8, 2006*Release dates |  Coded tables |  Historical dataCurrent release |  Screen reader |  PDF (450 KB)**F.226 Taxes Payable by Businesses** |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Honorable R. Brooke Jackson

Civil Action No. 11-CV-2640-RBJ-BNB

ARDIS L. KERNS,

Plaintiff,

v.

BANNER HEALTH, doing business as North Colorado Medical Center

Defendant.

ORDER FOR DISMISSAL WITH PREJUDICE

Upon Stipulated Motion by the parties, and good cause appearing, 

IT IS HEREBY ORDERED that the above-entitled action be dismissed with prejudice, 

all parties to bear their own costs and attorneys’ fees.

DATED this 27th day of June, 2012.

BY THE COURT: 

___________________________________

R. Brooke Jackson

United States District Judge

Case 1:11-cv-02640-RBJ Document 29 Filed 06/27/12 USDC Colorado Page 1 of 1
Exhibit 32.02

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 Sbarro, Inc. (the Company) on Form 10-Q for
the period ended June 28, 2009 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Carolyn M. Spatafora, Senior Vice President of Finance of the Company, certify, to the best of my knowledge,
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 that to my knowledge:



| | (1) | The Report fully complies with the requirements of Section 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.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 11, 2009



|                                            
|--------------------------------------------
|                                            
|/s/ Carolyn M. Spatafora                    
|Carolyn M. Spatafora                        
|Senior Vice President of Finance            
|(Principal Financial and Accounting Officer)

NOTE: A signed original of this certification has been provided to the Company and will be
retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request.
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

Civil Action No. 15-cv-01257-CMA

Criminal Action No. 11-cr-00406-02-CMA

UNITED STATES OF AMERICA,

Plaintiff,

v.

DANIEL SHAW,

Defendant.

FINAL JUDGMENT

In accordance with the orders filed during the pendency of this case, and

pursuant to Fed.R.Civ.P. 58(a), the following Final Judgment is hereby entered:

Pursuant to the Order Denying Defendant’s Motion and Amended Motion to

Vacate, Set Aside, or Correct Sentence Pursuant to 28, U.S.C. § 2255 (Doc. #451),

entered on July 31, 2015, by Judge Christine M. Arguello, and Order denying

Defendant’s Motion for Certificate of Appealability (Doc. #453), entered on November

13, 2015, by Judge Christine M. Arguello, it is

ORDERED that Defendant’s Motion and Amended Motion to Vacate, Set Aside,

or Correct Sentence Pursuant to 28, U.S.C. § 2255 (Doc. #451) is DENIED. It is

Case 1:11-cr-00406-CMA Document 454 Filed 11/13/15 USDC Colorado Page 1 of 2
FURTHER ORDERED that the corresponding civil action is dismissed.

DATED: November 13, 2015

FOR THE COURT:

JEFFREY P. COLWELL, CLERK

s/ V. Barnes 

V. Barnes, Deputy Clerk

2

Case 1:11-cr-00406-CMA Document 454 Filed 11/13/15 USDC Colorado Page 2 of 2
Exhibit 32.1

 

Certification of Principal Executive Officer

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to

Section 906 of the Sarbanes-Oxley Act of 2002

 

 

I, Glen R. Charles, Chief Financial Officer of CVD Equipment Corporation, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge, the quarterly report on Form 10-Q for the period ending September 30, 2008 of CVD Equipment Corporation and Amendment No. 1 on Form 10-Q/A thereto (collectively the “Form 10-Q”)            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 Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of CVD Equipment Corporation.

 

| Dated: November 26, 2008 | /s/ Leonard A. Rosenbaum      |
|--------------------------|-------------------------------|
|                     | Leonard A. Rosenbaum          |
|                     | Chief Executive Officer       |
|                     | (Principal Executive Officer) |
NOTICE: NOT FOR OFFICIAL PUBLICATION.

UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL

AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

IN THE

ARIZONA COURT OF APPEALS

DIVISION ONE

STATE OF ARIZONA, Respondent,

v.

JENSEN EDWARD THOMAS, Petitioner.

No. 1 CA-CR 17-0797 PRPC

Appeal from the Superior Court in Yuma County

No. S1400CR201300151

The Honorable Lawrence C. Kenworthy, Judge

REVIEW GRANTED; RELIEF DENIED

COUNSEL

Yuma County Attorney’s Office, Yuma

By Charles V. S. Platt

Counsel for Respondent

Jensen Edward Thomas, Florence

Petitioner

FILED 5-15-2018
STATE v. THOMAS

Decision of the Court

2

MEMORANDUM DECISION

Presiding Judge Jon W. Thompson, Judge Peter B. Swann, and Judge James 

P. Beene delivered the decision of the Court.

P E R C U R I U M:

¶1 Petitioner Jensen Edward Thomas seeks review of the 

superior court’s order denying his petition for post-conviction relief, filed 

pursuant to Arizona Rule of Criminal Procedure 32.1. 

¶2 Absent an abuse of discretion or error of law, this Court will 

not disturb a superior court’s ruling on a petition for post-conviction relief. 

State v. Gutierrez, 229 Ariz. 573, 576-77, ¶ 19 (2012). It is the petitioner’s 

burden to show that the superior court abused its discretion in denying the 

petition. See State v. Poblete, 227 Ariz. 537, 538, ¶ 1 (App. 2011).

¶3 We have reviewed the record in this matter, the superior 

court’s order denying the petition for post-conviction relief, and the petition 

for review. We find that petitioner has not shown an abuse of discretion. 

¶4 Accordingly, we grant review and deny relief.
<TABLE> <S> <C>

<PAGE>

<ARTICLE> 9
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                              JAN-1-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                           3,099
<INT-BEARING-DEPOSITS>                               0
<FED-FUNDS-SOLD>                                 1,390
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                          0
<INVESTMENTS-CARRYING>                               0
<INVESTMENTS-MARKET>                            17,658
<LOANS>                                         16,244
<ALLOWANCE>                                        330
<TOTAL-ASSETS>                                  40,229
<DEPOSITS>                                      32,246
<SHORT-TERM>                                         0
<LIABILITIES-OTHER>                                124
<LONG-TERM>                                          0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                         9,385
<OTHER-SE>                                     (1,526)
<TOTAL-LIABILITIES-AND-EQUITY>                  40,229
<INTEREST-LOAN>                                    558
<INTEREST-INVEST>                                  581
<INTEREST-OTHER>                                    62
<INTEREST-TOTAL>                                 1,201
<INTEREST-DEPOSIT>                                 435
<INTEREST-EXPENSE>                                 435
<INTEREST-INCOME-NET>                              766
<LOAN-LOSSES>                                      115
<SECURITIES-GAINS>                                   0
<EXPENSE-OTHER>                                    898
<INCOME-PRETAX>                                      0
<INCOME-PRE-EXTRAORDINARY>                        (42)
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      (42)
<EPS-BASIC>                                     (0.04)
<EPS-DILUTED>                                   (0.04)
<YIELD-ACTUAL>                                    6.79
<LOANS-NON>                                          0
<LOANS-PAST>                                         0
<LOANS-TROUBLED>                                     0
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                   198
<CHARGE-OFFS>                                        0
<RECOVERIES>                                        17
<ALLOWANCE-CLOSE>                                  330
<ALLOWANCE-DOMESTIC>                               330
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0



</TABLE>
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Senior District Judge Richard P. Matsch

Civil Action No. 11-cv-02335-RPM

CLINT SANDEL,

Plaintiff,

v.

ENCANA OIL & GAS (USA), INC.,

Defendants.

_____________________________________________________________________

ORDER FOR STAY PENDING ARBITRATION

_____________________________________________________________________

In the complaint filed September 6, 2011, Clint Sandel claims that before his

termination on November 13, 2010, he was an employee of defendant Encana Oil &

Gas (USA), Inc., and was denied benefits under the Fair Labor Standards Act (FLSA). 

The defendant contends that Clint Sandel worked as an independent contractor

pursuant to a written Independent Contractor Agreement, a copy of which is attached to

the defendant’s Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(b)(1) or, in the

Alternative, Motion to Compel Arbitration. 

The basis for the defendant’s motion is Paragraph 24 of the Agreement providing

for dispute resolution by arbitration in accordance with the American Arbitration

Association Rules. The paragraph also provides that “the prevailing party shall be

entitled to recover its reasonable attorneys’ fees.”

The plaintiff’s response to the defendant’s motion is somewhat ambivalent in that

he contends that FLSA claims are not subject to the arbitration agreement and that the

quoted provision concerning attorneys’ fees is unenforceable under Colorado law. The

Case 1:11-cv-02335-RPM Document 19 Filed 12/21/11 USDC Colorado Page 1 of 2
2

plaintiff contends that if the Court orders arbitration the order should strike that provision

and require Encana to pay all of the costs and expenses associated with arbitration,

citing an order from another judge of this court.

The defendant’s reply challenges the Court’s authority to make such an order

conditioning arbitration.

The question to be submitted in arbitration is whether the independent contractor

agreement is valid and enforceable thereby precluding the claim for overtime

compensation under the FLSA. That is an issue of contract interpretation which gives

rise to arbitration under the Federal Arbitration Act. If the arbitration panel determines

that the plaintiff’s work was performed as an employee under the FLSA, the award must

necessarily invalidate that provision of the contract requiring payment of attorneys’ fees

both because Sandel would be the prevailing party and because the statutory remedy

for an FLSA violation would become applicable. At any rate, rather than dismissing this

civil action, this Court has elected to stay it pending arbitration, following which it is

expected that the parties will again be before the Court to determine enforceability of

the arbitration award. Accordingly, it is

ORDERED that this civil action is stayed and the parties are directed to proceed

with arbitration.

DATED: December 21st, 2011

BY THE COURT:

s/Richard P. Matsch

__________________________

Richard P. Matsch, Senior Judge

Case 1:11-cv-02335-RPM Document 19 Filed 12/21/11 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.                  

###### Department of Defense

###### Office of the Secretary

          - [Transmittal Nos. 08-93]

# AGENCY:

Department of Defense, Defense Security Cooperation Agency.

# ACTION:

Notice.

# SUMMARY:

The Department of Defense is publishing the unclassified text of a section 36(b)(1) arms sales notification. This is published to fulfill the requirements of section 155 of Public Law 104-164 dated 21 July 1996.

# FOR FURTHER INFORMATION CONTACT:

Ms. B. English, DSCA/DBO/CFM, (703) 601-3740.

The following is a copy of a letter to the Speaker of the House of Representatives, Transmittals 08-93 with attached transmittal, policy justification, and Sensitivity of Technology.

Dated: October 7, 2008.

Patricia L. Toppings,

OSD Federal Register Liaison Officer, Department of Defense.

      ( print page 61074)          ( print page 61075)          ( print page 61076)          ( print page 61077)          ( print page 61078)          ( print page 61079)    

BILLING CODE 5001-06-M

[FR Doc. E8-24406 Filed 10-14-08; 8:45 am]

BILLING CODE 5001-06-C
[Federal Register Volume 73, Number 198 (Friday, October 10, 2008)]
[Notices]
[Pages 60392-60393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24106]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i>11430 and <greek-i>11431]


Texas Disaster Number TX-00308

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 1.

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

[[Page 60393]]

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for the State of Texas (FEMA-1791-DR), dated 09/13/2008.
    Incident: Hurricane Ike.
    Incident Period: 09/07/2008 and continuing through 10/02/2008.
    Effective Date: 10/03/2008.
    Physical Loan Application Deadline Date: 11/12/2008.
    EIDL Loan Application Deadline Date: 06/15/2009.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: The notice of the President's major disaster 
declaration for the State of Texas, dated 09/13/2008 is hereby amended 
to establish the incident period for this disaster as beginning 09/07/
2008 and continuing through 10/02/2008.
    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

James E. Rivera,
Acting Associate Administrator for Disaster Assistance.
[FR Doc. E8-24106 Filed 10-9-08; 8:45 am]
BILLING CODE 8025-01-P
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

Senior District Judge Richard P. Matsch

Civil Action No. 11-cv-02618-RPM

MARCELLA A. JONES,

Plaintiff,

v.

KOHL’S DEPARTMENT STORES, INC.,

Defendant.

 

ORDER SETTING TRIAL DATE AND PRETRIAL CONFERENCE

 

Pursuant to the hearing today, it is

ORDERED that this matter is set for trial to jury on April 8, 2013, at 8:30 a.m., in Courtroom

A, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado.

Trial procedures may be found at www.cod.uscourts.gov/judges_frame.htm. It is

FURTHER ORDERED that a pretrial conference is scheduled for March 8, 2013, at 3:00

p.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 and Submission of Final Pretrial Order which may be found at

www.cod.uscourts.gov/judges_frame.htm. The proposed Final Pretrial Order, original only, shall

be delivered in paper form directly to chambers by 4:00 p.m. on March 1, 2013. The conference

is conducted with lead counsel present in person. No parties or representatives of parties will be

permitted to attend.

Dated: October 5, 2012

BY THE COURT:

s/Richard P. Matsch

________________________________

. Richard P. Matsch, Senior District Judge

Case 1:11-cv-02618-RPM Document 24 Filed 10/05/12 USDC Colorado Page 1 of 1