alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
9628.

#### Cole *v.*Western Union Telegraph Company.

Decided February 26, 1919.

Action for damages; from Fulton superior court—Judge Pendleton. December 7, 1917.

*Payne & Jones,*for plaintiff.

*Brewster, Rowell & Reyman, Marie-Bolding,*for defendant.

Stephens, J.

1. Where a bill of exceptions, duly certified as true by the presiding judge, recites that it was tendered within the time allowed by law, and there is nothing in the bill of exceptions or the certificate of the trial judge in denial of such averment, this court must conclude that the bill of exceptions was tendered and presented within the time allowed by law, although the date on which it purports to have been certified was beyond the statutory period allowed by law for tendering and present-, ing a bill of exceptions. Civil Code (1910), § 6187; *Jones*v. *State,*100 *Ga.*579 (28 S. E. 396) ; *Pennington*v. *Sparta,*15 *Ga. App.*287 (82 S. E. 826). In this case it also affirmatively appeal's, from the certificate of the presiding judge to the bill of exceptions, that the failure on his part to sign and certify the same-within the time prescribed by law was*not caused by any act of plaintiff in error or her counsel.

2. A telegraph company is not liable in damages for mental pain and suffering caused by negligent failure to deliver a telegraphic message, in the absence of any physical damage or pecuniary loss.

3. The only reasonable legal construction of the allegations set forth in the petition of the plaintiff is that the damages complained of resulted from a grossly negligent failure on the part of the defendant’s servants in the performance of their ordinary public duties owing to plaintiff. There is nothing in the petition which will authorize a recovery for punitive or exemplary damages growing out of “wilful misconduct, malice, fraud, wantonness, or oppression, or that entire want of care which would raise the' presumption of a conscious indifference to consequences.” *Southern Railway Co.*v. *O’Bryan,*119 *Ga.*147 (45 S. E. 1000).

4. The petition sets forth no grounds to warrant a recovery of special damages. It sets forth, however, a breach of public duty owing by the defendant company to the plaintiff; and since the plaintiff therein prays for nominal damages, it was error to dismiss the action on general demurrer. Civil Code, § 4397; *Gurr*v. *Western Union Telegraph Co.,*8 *Ga. App.*556 (69 S. E. 1085); *Glenn*v. *Western Union Telegraph Co.,*8 *Ga. App.*821 .(58 S. E. 83).

*Judgment reversed.*

*Broyles, P. J., and Bloodworth, J., concur.*
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

PATRICIA KENNEDY,

individually,

 Plaintiff,

v.

EXCEL HOSPITALITY, LLC, an

Illinois Limited Liability

Company,

 Defendant.

Case No. 20 C 2334

Judge Harry D. Leinenweber

ORDER

Plaintiff Patricia Kennedy’s Motion for Attorneys’ Fees and 

Costs (Dkt. No. 17) is granted. The Court awards Kennedy $4,262.50 

in attorneys’ fees and $440.90 in costs.

STATEMENT

Under the American with Disabilities Act, a prevailing party 

may recover reasonable attorney’s fees, including litigation 

expenses and costs. Webb v. James, 967 F. Supp. 320, 322 (N.D. 

Ill. 1997) (citing 42 U.S.C. § 12205); Mortland v. Lights Out 

Devs., LLC, No. 1:19-CV-2557-JMS-DLP, 2020 WL 3577867, at *3 (S.D. 

Ind. July 1, 2020). On July 10, 2020, Plaintiff Patricia Kennedy 

obtained a default judgment in her suit against Defendant Excel 

Hospitality, LLC. On August 26, 20120, Kennedy moved for attorneys’ 

fees and costs. 

To collect attorneys’ fees under § 12205, the movant must 

show that she has prevailed and that the fee request is reasonable. 

Webb, 967 F.Supp. at 322. Kennedy won a default judgment in this 

suit. As such, Kennedy seeks reimbursement. Kennedy submits the 

Case: 1:20-cv-02334 Document #: 18 Filed: 10/08/20 Page 1 of 2 PageID #:148
- 2 -

Affidavit of Thomas B. Bacon, Affidavit of Kimberly A. Corkill, 

and Plaintiff’s Bill of Costs and Litigation Expenses with this 

Motion. After reviewing the submitted materials, the Court finds 

time and costs to be “reasonably expended.” Tchemkou v. Mukasey,

517 F.3d 506, 510–11 (7th Cir. 2008).

Accordingly, the Court grants Plaintiff Patricia Kennedy’s 

Motion for Attorneys’ Fees and Costs (Dkt. No. 17) and awards 

Kennedy $4,262.50 in attorneys’ fees and $440.90 in costs. 

Harry D. Leinenweber, Judge

United States District Court

Dated: 10/8/2020

Case: 1:20-cv-02334 Document #: 18 Filed: 10/08/20 Page 2 of 2 PageID #:149
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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Richard Di Donato, Individually and On 

Behalf of all Others Similarly Situated,

Plaintiff, 

v. 

Insys Therapeutics, Inc.; et al.,

Defendants.

No. CV-16-00302-PHX-NVW

ORDER

The parties’ Proposed Order Awarding Attorneys’ Fees and Litigation Expenses is 

incomplete, as it contains blanks.

 IT IS ORDERED that the parties submit an agreed and complete proposed Order 

Awarding Attorneys’ Fees and Litigation Expenses by 9:00 a.m on November 18, 2020.

Dated this 16th day of November, 2020.

Case 2:16-cv-00302-NVW Document 436 Filed 11/16/20 Page 1 of 1
Exhibit 31.1
                                                                    ------------

                          SARBANES-OXLEY CERTIFICATION

       I, Kerstin Zerbst, certify that:

       1. I have reviewed this annual report on Form 10-K, and all reports on
Form 8-K containing distribution or servicing reports filed in respect of
periods included in the year covered by this annual report, of BMW FS Securities
LLC and BMW Vehicle Owner Trust 2004-A;

        2. Based on my knowledge, the information in these reports, taken as a
whole, does not contain any untrue statement of a material fact or omit to state
a material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading as of the
last day of the period covered by this annual report;

         3. Based on my knowledge, the distribution or servicing information
required to be provided to the trustee by the servicer under the pooling and
servicing, or similar, agreement, for inclusion in these reports is included in
these reports;

        4. I am responsible for reviewing the activities performed by the
servicer under the pooling and servicing, or similar, agreement and based upon
my knowledge and the annual compliance review required under that agreement, and
except as disclosed in the reports, the servicer has fulfilled its obligations
under that agreement; and

        5. The reports disclose all significant deficiencies relating to the
servicer's compliance with the minimum servicing standards based upon the report
provided by an independent public accountant, after conducting a review in
compliance with the Uniform Single Attestation Program for Mortgage Bankers or
similar procedure, as set forth in the pooling and servicing, or similar,
agreement, that is included in these reports.



Date: April 2, 2007                        By:  /s/  Kerstin Zerbst
                                                ---------------------------
                                                       Kerstin Zerbst
                                                       Chief Financial Officer
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS - EASTERN DIVISION

Efren Sanchez Yepez, )

Plaintiff. )

v. ) 1:20-cv-04021

)

ProRack National Services, Inc. and Mark Fucarino, )

 ) 

Defendants. )

Notice of Voluntary Dismissal

Now comes Plaintiff Efren Sanchez Yepez, and hereby dismisses this case without 

prejudice.

/s/ James M. Dore 

 

Dore Law Offices LLC 

James M. Dore (#6296265) and John N. Dore (#0661007)

Attorneys for Plaintiff

134 N. La Salle St., Suite 1208

Chicago, IL 60602

P: 312-726-8401; F: 844-272-4628 

E: james@dorelawoffices.com
EXHIBIT 99.5


     Certification  of  Chief  Financial  Officer Pursuant to Section 906 of the
Sarbanes-Oxley  Act  of  2002,  18  U.S.C.  Section  1350

     In  connection with the Amended Quarterly Report of American Fire Retardant
Corporation  (the  "Company") on Form 10-Q for the period ended June 30, 2002 as
filed  with  the  Securities  and  Exchange  Commission  on the date hereof (the
"Report"),  Stephen  F.  Owens, Chief Financial Officer of the Company, 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  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.



/s/  Stephen  F.  Owens
---------------------------
Stephen  F.  Owens
Chief  Financial  Officer

September  17,  2002






<PAGE>
Exhibit 10.8  Schedule of the Directors, Executive Officers and 5%
Stockholders which have entered into Franchise Agreements or
Preliminary Agreements for a Texas Roadhouse Restaurant  As of December 29, 2009  Prelim. Agt. Signed
  
  Fran. Agt. Signed
  
  Franchise FeeBILLINGS,
  MT
  
  3/1/2002
  
  11/3/2003
  
  $
  0TEXAS
  ROADHOUSE OF BILLINGS, LLC6040
  DUTCHMANS LANE, SUITE 200LOUISVILLE,
  KY 40205BOSSIER
  CITY, LA
  
  3/19/2004
  
  12/1/2004
  
  $
  0ROADHOUSE
  OF BOSSIER CITY, LLC6040
  DUTCHMANS LANE, SUITE 200LOUISVILLE,
  KY 40205BROWNSVILLE,
  TX
  
  5/14/2002
  
  2/4/2003
  
  $
  0TEXAS
  ROADHOUSE OF BROWNSVILLE, LTD.6040
  DUTCHMANS LANE, SUITE 200LOUISVILLE,
  KY 40205EVERETT,
  MA
  
  2/15/2002
  
  11/21/2002
  
  $
  0TEXAS
  ROADHOUSE OF EVERETT, LLC6040
  DUTCHMANS LANE, SUITE 200LOUISVILLE,
  KY 40205FARGO,
  ND
  
  4/27/2004
  
  8/25/2006
  
  $
  0ROADHOUSE
  OF FARGO, LLC6040
  DUTCHMANS LANE, SUITE 200LOUISVILLE,
  KY 40205FARMINGTON,
  NM
  
  3/19/2004
  
  
  
  $
  0ROADHOUSE
  OF FARMINGTON, NM, LLC6040
  DUTCHMANS LANE, SUITE 200LOUISVILLE,
  KY 40205LONGMONT,
  CO
  
  12/19/2003
  
  5/3/2004
  
  $
  0ROADHOUSE
  OF LONGMONT, LLC6040
  DUTCHMANS LANE, SUITE 200LOUISVILLE,
  KY 40205MCKINNEY,
  TX
  
  3/16/2004
  
  9/8/2004
  
  $
  0ROADHOUSE
  OF MCKINNEY, LTD.6040
  DUTCHMANS LANE, SUITE 200LOUISVILLE,
  KY 40205NEW
  BERLIN, WI
  
  3/17/2004
  
  9/8/2004
  
  $
  0ROADHOUSE
  OF NEW BERLIN, LLC6040
  DUTCHMANS LANE, SUITE 200LOUISVILLE,
  KY 40205OMAHA,
  NE
  
  3/19/2004
  
  3/8/2005
  
  $
  0ROADHOUSE
  OF OMAHA, LLC6040
  DUTCHMANS LANE, SUITE 200LOUISVILLE,
  KY 40205PORT
  ARTHUR, TX
  
  12/15/2003
  
  12/15/2003
  
  $
  0TEXAS
  ROADHOUSE OF PORT ARTHUR, LTD.6040
  DUTCHMANS LANE, SUITE 200LOUISVILLE,
  KY 40205TEMPLE,
  TX
  
  3/19/2004
  
  3/11/2005
  
  $
  0ROADHOUSE
  OF TEMPLE, LTD.6040
  DUTCHMANS LANE, SUITE 200LOUISVILLE,
  KY 40205WICHITA,
  KS
  
  3/17/2004
  
  12/1/2004
  
  $
  0ROADHOUSE
  OF WICHITA, LLC6040
  DUTCHMANS LANE, SUITE 200LOUISVILLE,
  KY 40205
Continuing Education Units

VERIFICATION OF ATTENDANCE FORM

Certification Number:________________

 attended the following professional educational activity. 

(NAME)

Title: National Initiative for Cybersecurity Education (NICE) Webinar: Addressing the Cybersecurity Talent Gap 

at Scale - Introducing Learning and Employment Records

Date(s): October 21, 2020 CEU Hours Earned: 1 hr 

Sponsor(s): National Institute of Standards and Technology (NIST) 

Explanation of Event: This webinar will introduce the emergence of LER’s and describe the cybersecurity pilot project.

Webinar attendees heard presentations from: 

• Rick Torres, President and CEO, National Student Clearinghouse

• Alex Kaplan, Global Leader, Blockchain and AI for Industry Credentials, IBM Talent and Transformation

• Darin R. Hobbs, Director of Academic Records & Credentials, Western Governors University

• Frank C. Cicio Jr., CEO and Founder, iQ4

Location: Virtual Webinar; www.nist.gov/nice/webinars

Name of Meeting Host: Rodney Petersen, Director of the National Initiative for Cybersecurity Education (NICE)

 

Contact Information:

nist.gov/nice 

nist.nice@nist.gov

The Continuing Education Units form is provided as a courtesy. It is the responsibility of the 

attendee to complete and submit with their certifying authority.
Exhibit 99.4

     Certification of Chief Executive Officer Pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350

     In connection with the Quarterly Report of American Fire
Retardant Corporation (the "Company") on Form 10-Q for the period
ended June 30, 2002 as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), Raoul L. Carroll, Chief
Executive Officer of the Company, 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 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.

/s/ Raoul L. Carroll
Raoul L. Carroll
Chief Executive Officer

August 19, 2002
#### Orlando VILLARROEL-VARGAS, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

No. 04-1684.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 10, 2004.

Decided: Jan. 5, 2005.

Marc Seguinot, Seguinot Law Firm, McLean, Virginia, for Petitioner.

Peter D. Keisler, Assistant Attorney General, David V. Bernal, Assistant Director, Margaret K. Taylor, Office of Immigration Litigation, Washington, D.C., for Respondent.

Before NIEMEYER, WILLIAMS, and SHEDD, Circuit Judges.

Petition denied by unpublished per curiam opinion.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM:

Orlando Villarroel-Vargas, a native and citizen of Bolivia, petitions for review of an order of the Board of Immigration Appeals (“Board”) affirming, without opinion, the immigration judge’s denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture.

*898In his petition for review, VillarroelVargas challenges the immigration judge’s determination that he failed to establish his eligibility for asylum. To obtain reversal of a determination denying eligibility for relief, an alien “must show that the evidence he presented was so compelling that no reasonable factfinder could fail to find the requisite fear of persecution.” *INS v. Elias-Zacarias,*502 U.S. 478, 483-84, 112 S.Ct. 812, 117 L.Ed.2d 38 (1992). We have reviewed the evidence of record and conclude that Villarroel-Vargas fails to show that the evidence compels a contrary result.

Accordingly, we cannot grant the relief that he seeks * and we deny the petition for review. 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.

*PETITION DENIED*

*

 Villarroel-Vargas does not challenge the denial of withholding of removal or protection under the Convention Against Torture in his petition for review.
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

In
connection with the Annual Report of SmartPros Ltd. (the Company) on Form
10-K for the fiscal year ending December 31, 2009 as filed with the Securities
and Exchange Commission (SEC) on the date hereof (the Report), I, Allen S.
Greene, Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.
§ 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that:

(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.

A
signed original of this written statement has been provided to the Company and
will be retained by the Company and furnished to the SEC or its staff upon
request.

|                         | 
|------------------------ | 
|/s/ Allen S.
 Greene     | 
|                         | 
|Allen S.
 Greene         | 
|Chief
 Executive Officer | 
|                         | 
|March 26,
 2010          | 

---
Exhibit 9 

Filed Under Seal 

Case: 1:20-cv-03882 Document #: 91-3 Filed: 04/01/21 Page 1 of 1 PageID #:2566
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-1999
<PERIOD-START>                             OCT-01-1998
<PERIOD-END>                               MAR-31-1999
<CASH>                                          42,905
<SECURITIES>                                     3,495
<RECEIVABLES>                                    6,085
<ALLOWANCES>                                     (724)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                53,463
<PP&E>                                          10,444
<DEPRECIATION>                                 (3,895)
<TOTAL-ASSETS>                                  60,573
<CURRENT-LIABILITIES>                            5,745
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            14
<OTHER-SE>                                      52,707
<TOTAL-LIABILITY-AND-EQUITY>                    60,573
<SALES>                                          5,940
<TOTAL-REVENUES>                                 5,940
<CGS>                                            2,549
<TOTAL-COSTS>                                    8,491
<OTHER-EXPENSES>                                    42
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                               (885)
<INCOME-PRETAX>                                (1,708)
<INCOME-TAX>                                     (325)
<INCOME-CONTINUING>                            (1,383)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (1,383)
<EPS-PRIMARY>                                    (.10)
<EPS-DILUTED>                                    (.10)
        

</TABLE>
Exhibit 31
                                   ----------


                                  CERTIFICATION
                                  -------------

I, Steve Bailey, certify that:

1. I have reviewed this annual report on Form 10-K, and all reports on Form 8-K
containing distribution and servicing reports filed in respect of periods
included in the year covered by this annual report, of CWALT, Inc., Alternative
Loan Trust 2004-J4;

2. Based on my knowledge, the information in these reports, taken as a whole,
does not contain any untrue statement of a material fact or omit to state a
material fact necessary to make the statements made, in light of the
circumstances under which such statements were made, not misleading as of the
last day of the period covered by this annual report;

3. Based on my knowledge, the distribution or servicing information required to
be provided to the trustee by the master servicer under the pooling and
servicing, or similar, agreement, for inclusion in these reports is included in
these reports;

4. I am responsible for reviewing the activities performed by the master
servicer under the pooling and servicing, or similar, agreement and based upon
my knowledge and the annual compliance review required under that agreement, and
except as disclosed in the reports, the master servicer has fulfilled its
obligations under that agreement; and

5. The reports disclose all significant deficiencies relating to the master
servicer's compliance with the minimum servicing standards based upon the report
provided by an independent public accountant, after conducting a review in
compliance with the Uniform Single Attestation Program for Mortgage Bankers or
similar procedure, as set forth in the pooling and servicing, or similar,
agreement, that is included in these reports.

In giving the certifications above, I have reasonably relied on information
provided to me by the following unaffiliated parties: The Bank of New York, as
Trustee.


Date: March 30, 2005


                                        /s/ Steve Bailey
                                        ----------------
                                        Steve Bailey
                                        Senior Managing Director
---

Exhibit 32.2

CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350, 
  AS ADOPTED PURSUANT TOSECTION 906 OFTHE SARBANES-OXLEY ACT OF 2002

In connection with the Cascade Energy, Inc.(the "Company")
  annual report on 10K SB for the fiscal year ending February 28, 2005, as filed
  with the Securities and Exchange Commission on the date hereof (the "Report"),
  I, Chris Foster, Chief Financial Officer of the Company, certify, pursuant
  to 18 U.S.C. ss. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
  Act of 2002, that, to the best of my knowledge and belief:

| | 3. | The Report fully complies with the requirements of Section 13(a) or 15(d)
      of the Securities Exchange Act of 1934; and                              
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------
| |    |                                                                                                                                                          
| | 4. | The information contained in the Report fairly presents, in all material
      respects, the financial condition and result of operations of the Company.

|Date: | June 13, 2005 |                        
|----- | ------------- | -----------------------
|      |               |                        
|      |               | /s/ Chris Foster       
|      |               | (Signature)            
|      |               |                        
|      |               | Chief Financial Officer
|      |               | (Title)                

---