alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
R ule 1908. Filling of Vacancies

When a court of common pleas is filling a vacancy to an elected office under a statutory duty, the following procedures shall apply:

(a) The Court shall receive applications from any interested candidates for the position pursuant to a deadline established by the court.

(b) The names of all candidates under consideration and any written application materials submitted by any candidate are public information and shall be made available to any member of the public upon request. The following items included in any written application materials shall not be publicly released: the candidate’s Social Security number; the candidate’s home address, personal telephone number, and personal email address; and information pe rtaining to the name, home address, or date of birth of children under 17 years of age.

(c) Selection shall be by a vote of the commissioned judges of the court, including the president judge. In the event of a tie vote, the president judge will cast th e deciding

vote.
#### Silas Mancia, Respondent, v Metropolitan Transit Authority Long Island Bus et al., Appellants.

[790 NYS2d 31]

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Davis, J.), entered September 16, 2003, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants established their prima facie entitlement to judgment as a matter of law by providing evidence that the plaintiff darted out from between two parked vehicles outside of a crosswalk, directly into the side of a bus owned by the defendant Metropolitan Transit Authority Long Island Bus and operated by the defendant Errol Byfield, leaving Byfield unable to avoid contact with him (see *Johnson v Lovett,*285 AD2d 627 [2001]; *Miller v Sisters of Order of St. Dominic,*262 AD2d 373, 374 [1999]). In opposition, the plaintiff failed to present sufficient evidence to raise a triable issue of fact as to whether Byfield operated the bus in a negligent manner (see *Sheppeard v Murci,*306 AD2d 268 [2003]).

In this regard we note that the Supreme Court erred in applying the *Noseworthy*doctrine (see *Noseworthy v City of New York,*298 NY 76 [1948]) since the plaintiff failed to present expert evidence establishing his loss of memory and its causal relationship to the defendants’ conduct (see *Menekou v Crean,*222 AD2d 418 [1995]). Florio, J.P., Krausman, Goldstein and Mastro, JJ., concur.
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
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<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               MAR-31-1999
<EXCHANGE-RATE>                                      1
<CASH>                                          27,151
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<CURRENT-ASSETS>                                27,151
<PP&E>                                         645,910
<DEPRECIATION>                                 481,270
<TOTAL-ASSETS>                                 700,397
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<INCOME-PRETAX>                              (310,669)
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<CHANGES>                                            0
<NET-INCOME>                                 (491,558)
<EPS-PRIMARY>                                    (.15)
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</TABLE>
Exhibit 32.1
                                  CERTIFICATION

I, Dean L. Cash,  Chief  Executive  Officer  of ATEL  Financial  Services,  LLC,
General  Partner of ATEL Cash  Distribution  Fund V, L.P.  (the  "Partnership"),
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-QSB  of the  Partnership  for the
           quarter ended March 31, 2005 (the  "Report")  fully complies with the
           requirements of Section 13(a) of the Securities  Exchange Act of 1934
           (15 U.S.C. 78m); and
   2.      The  information  contained  in the Report  fairly  presents,  in all
           material respects,  the financial condition and results of operations
           of the Partnership.

  Date:      May 13, 2005



  /s/ Dean L. Cash
  Dean L. Cash
  President and Chief Executive
  Officer of General Partner



  A signed original of this written  statement  required by Section 906 has been
  provided  to the  Partnership  and will be  retained  by the  Partnership  and
  furnished to the Securities and Exchange Commission or its staff upon request.
**Exhibit 31.1**

CERTIFICATION 

I, Barry Sloane, Chief Executive Officer of Newtek Business Services, Inc., certify that: 

1. I have reviewed this annual report on Form 10-K of Newtek Business Services, Inc. 

2. Based on my knowledge, this annual report does not contain any untrue statement of a material fact or omit to state a material fact necessary to makethe statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this annual report; 

3. Based on my knowledge, the financial statements, and other financial information included in this annual report, fairly present in all material respects the financial condition, results of operations and cash flowsof the registrant as of, and for, the periods presented in this annual report; 

4. The registrant’s other certifying officers and Iare responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant and have: 

a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under oursupervision, 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 report is being prepared;

b) evaluated the effectiveness of the registrant’s disclosure controls and procedures and presented in this report ourconclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and 

c) disclosed in this report any chance in the registrant’s internal control over financial reporting that occurred during theregistrant’s most recent fiscal quarter (the registrant’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the registrant’s internal control overfinancial reporting; and 

5. The registrant’s other certifying officers and I have disclosed, based on our most recent evaluation ofinternal control over financial reporting, to the registrant’s auditors and the audit committee of the registrant’s board of directors (or persons performing the equivalent functions): 

a) all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability to record, process, summarize and report financial information; and 

b) any fraud, whether or not material, that involves management or other employees who have a significant role in the registrant’s internal control over financial reporting. 

 

Date: April 2, 2007
Exhibit 32.2

SECTION 906 CERTIFICATION

of Chief Financial Officer

In connection with the Annual Report of eDiets.com, Inc. (the Company) on Form 10-K for the year ended December 31, 2010 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I, Thomas Hoyer, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act
of 2002, that to the best of my knowledge and belief:

(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.

Date: March 31, 2011



By:

/s/ Thomas HoyerName:

Thomas HoyerTitle:

Chief Financial Officer
# Artemis Generation Spacesuits

		Back to search page	

## Audience

Educators

## Grade Levels

Grades 5-8

## Subject

Engineering Design, Life Science, Space Science, Solar System and Planets, Earth's Moon

## Type

Educator Guides, Lesson Plans / Activities

Four standards-aligned activities help students learn about NASA’s Next Generation Spacesuit that astronauts will wear on the Moon and beyond. Students will take on roles as scientists and engineers for a next-generation spacesuit for the Artemis Generation of astronauts.

With these activities, students will:
              - Research essential components of spacesuits and then design a prototype using off-the-shelf products, demonstrating the structures and functions of their new design.
              - Explore spacesuits of the past and examine their differences. Students will redesign one of the Artemis Generation spacesuits to better suit a new extreme environment such as Mars, Mercury, or Europa, one of Jupiter’s moons.
              - Design and optionally develop a user interface that makes information available to an astronaut via a heads-up display.
              - Design a modular tool with interchangeable tool heads to retrieve or process different types of regolith, loose soil found on the Moon. Students will also develop an instruction manual on how to use their new tool.

Next Generation Science Standards: MS-ETS1-1, MS-ETS1-2, MS-ETS1-3, MS-ETS1-4

Common Core State Standards: RST.6-8.1, RST.6-8.3, RST.6-8.7, SL.6.1, SL.7.5

#### Artemis Generation SpacesuitsArtemis Generation Spacesuits (Spanish Version)

This educator guide is part of the Next Gen STEM Moon series. Also in this series:Crew Transportation With OrionPropulsion With the Space Launch SystemHabitation With GatewayLanding Humans on the MoonHazards to Deep Space AstronautsDeep Space CommunicationsArtemis Generation SpacesuitsBuild, Launch, Recover
<PAGE>

                                                                    Exhibit 32.2

             CERTIFICATION OF PRESIDENT AND CHIEF EXECUTIVE OFFICER

      Pursuant to 18 U.S.C. Section 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Books-A-Million, Inc.
(the "Company") hereby certifies, to the best of such officer's knowledge, that:

      (i)   the accompanying Quarterly Report on Form 10-Q/A of the Company for
   the quarterly period ended July 31, 2004 (the "Report") fully complies with
   the requirements of Section 13(a) or Section 15(d), as applicable, of the
   Securities Exchange Act of 1934, as amended; and

      (ii)  the information contained in the Report fairly presents, in all
   material respects, the financial condition and results of operations of the
   Company.

   Dated: April 28, 2005                   /s/ Sandra B. Cochran
                                           -------------------------------------
                                           Sandra B. Cochran
                                           President and Chief Executive Officer

                                       32
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#### Cheesum and Another *v.*The State.

A horserace is a game, and is therefore within the statute enacting that *“*any person legally called to give evidence against another for gaming, shall be deemed a competent witness to prove such gaming, although such person may have been concerned as a party; and may be compelled to testify as in the case of other witnesses.”

ERROR to the *Vermillion*Circuit Court.

pBRKINSj j.

phis was an indictment charging the defendants with betting on a horserace. Plea, not guilty; trial, conviction, and assessment of a fine, by the Court.

On the trial, *Benjamin C. Lowe,*the person with whom the defendants are alleged in the indictment to have made the bet for which they were prosecuted, was introduced as a witness on the part of the state, and refused to testify on the ground that by so doing he would criminate himself, but the Court compelled him to give evidence in the cause.

To this ruling of the Court the defendants excepted, and assign it for error.

The decision of the Court compelling the witness to testify, was made under sect. 42, p. 993, R. S. 1843, which reads as follows: “ Any person legally called to give evidence against *333another for gaming shall be deemed a competent witness to prove such gaming, although such person may have concerned as a party; and may be compelled to testify as in the case of other witnesses.” The ground taken by the counsel for the plaintiffs in error is, that a horserace is not a game, and that therefore the case is not embraced by the statute. In this we think they are mistaken. In the statutes and judicial decisions of *England,*a horserace is uniformly classed as a game; 10 Petersdorff’s Abr. *228; Blaxton*v. *Pye,*2 Wils. 309; and we think our legislature used the term in the same signification.

*T.*A. *Wright*and *S. F. Maxwell,*for the plaintiffs.

A. A. *Hammond*and *J. H. Bradley,*for the state.

It is also said the evidence did not warrant a conviction. We cannot concur in that opinion.

*Per Curiam.-*

-The judgment is affirmed with costs.
[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Pages 68320-68321]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27988]


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

DEPARTMENT OF AGRICULTURE

Forest Service


Custer County Resource Advisory Committee

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

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

SUMMARY: The Custer County Resource Advisory Committee will meet in 
Custer, South Dakota. The committee is meeting as authorized under the 
Secure Rural Schools and Community Self-Determination Act (Pub. L. 110-
343) and in compliance with the Federal Advisory Committee Act. The 
purpose of the meeting is review of project proposals to be implemented 
in 2011.

DATES: The meeting will be held November 16, 2010 at 5:30 p.m.

ADDRESSES: The meeting will be held at 1019 N 5th Street at the Office 
of the Forest Supervisor. Written comments should be sent to 330 MT 
Rushmore Rd., Custer, South Dakota 57730. Comments may also be sent via 
e-mail to <a href="/cdn-cgi/l/email-protection#c0acabafacb5aea480a6b3eea6a5a4eeb5b3"><span class="__cf_email__" data-cfemail="96fafdf9fae3f8f2d6f0e5b8f0f3f2b8e3e5">[email protected]</span></a>, or via facsimile to 605-673-5461.
    All comments, including names and addresses when provided, are 
placed in the record and are available for public inspection and 
copying. The public may inspect comments received at 330 MT Rushmore 
Rd., Custer, SD. Visitors are encouraged to call ahead to 605-673-4853 
to facilitate entry into the building.

FOR FURTHER INFORMATION CONTACT: Lynn Kolund, District Ranger, Hell 
Canyon Ranger District, 605-673-4853,<a href="/cdn-cgi/l/email-protection#2f434440435a414b6f495c01494a4b015a5c"><span class="__cf_email__" data-cfemail="5f333430332a313b1f392c71393a3b712a2c">[email protected]</span></a>.
    Individuals who use telecommunication devices for the deaf (TDD) 
may call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m., Eastern Standard Time, Monday through 
Friday.

SUPPLEMENTARY INFORMATION: The meeting is open to the public. The 
following business will be conducted: Review of Project Proposals for 
implementation in 2011. Persons who wish to bring related matters to 
the attention of the Committee may file written statements with the 
Committee staff before or after the meeting. Public input sessions will 
be provided and individuals who made written requests by November 12, 
2010 will have the opportunity to address the Comittee at those 
sessions.


[[Page 68321]]


    Dated: November 1, 2010.
Lynn D. Kolund,
District Ranger.
[FR Doc. 2010-27988 Filed 11-4-10; 8:45 am]
BILLING CODE 3410-11-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
Filed 01/23/2020 by Clerk of Supreme Court

IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2020 ND 3

Nicole Gabel, Petitioner and Appellee

v.

Jacob D. Thompson, Respondent and Appellant

No. 20190295

Appeal from the District Court of Burleigh County, South Central Judicial 

District, the Honorable Lindsey R. Nieuwsma, Judicial Referee.

AFFIRMED.

Per Curiam.

Amanda R. Harris, Mandan, N.D., for petitioner and appellee; submitted on 

brief.

Jacob D. Thompson, self-represented, Bismarck, N.D., respondent and 

appellant; submitted on brief.
1

Gabel v. Thompson

No. 20190295

Per Curiam. 

[¶1] Jacob Thompson appeals from a disorderly conduct restraining order 

entered by the district court. On appeal, Thompson argues the district court 

abused its discretion in issuing a disorderly conduct restraining order without 

allowing him a fair hearing and because his attempted communication with 

the petitioner was protected by the First Amendment. 

[¶2] We do not address Thompson’s constitutional claim because it was not 

raised below. See Matter of Didier, 2019 ND 263, ¶ 11, 934 N.W.2d 417 

(“When a party fails to raise an issue before the district court, even a 

constitutional issue, we generally will not address the issue on appeal.”). We 

conclude there was sufficient competent evidence to support the district 

court’s findings and the findings support the district court’s conclusion that 

there were reasonable grounds to believe Thompson engaged in disorderly 

conduct. The district court did not abuse its discretion in issuing the order. 

We summarily affirm under N.D.R.App.P. 35.1(a)(2), (4), and (7).

[¶3] Jon J. Jensen, C.J.

 Jerod E. Tufte

 Gerald W. VandeWalle

 Daniel J. Crothers

 Lisa Fair McEvers
SCHEDULE OF PARTIES RECEIVING INDEMNIFICATION AGREEMENTS

Erline Belton
W. Matthew Carpenter
Larry A. Cates
D. Patrick Curran
R.J. Dourney
Karen B. Eadon
Edward J. Gleich
Abe J. Gustin, Jr.
Eric L. Hansen
Mark S. Hansen
Jack P. Helms
Lloyd L. Hill
James W. Kirkpatrick
John F. Koch
Steven K. Lumpkin
Mark A. Peterson
Burton M. Sack
George D. Shadid
Robert T. Steinkamp
Julia A. Stewart
Harry B. Stroup
Carin L. Stutz
Douglas D. Waltman
John A. Weber
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

ANTHONY BOX a/k/a ANTHONY D. BOX,

Appellant,

v.

WELLS FARGO BANK NA AS TRUSTEE ON BEHALF OF THE 

HOLDERS OF STRUCTURED ASSET MORTGAGE INVESTMENTS II,

INC., BEAR STEARNS MORTGAGE FUNDING TRUST 2007-AR3

MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-AR3,

Appellee.

No. 4D21-3278

[November 9, 2022]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, 

Broward County; Barry Stone, Senior Judge; L.T. Case No. CACE18-

025145.

James Jean-Francois of James Jean-Francois, P.A., Hollywood, for 

appellant.

William L. Grimsley of McGlinchey Stafford, Jacksonville, for appellee.

PER CURIAM.

Affirmed.

MAY, GERBER and ARTAU, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.