alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Antonio Carlos Cruz, Appellant, v MTLR Corp. et al., Respondents, et al., Defendants.

[975 NYS2d 657]

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered November 5, 2012, which, insofar as appealed from as limited by the briefs, granted the motion of defendants-respondents for summary judgment dismissing the complaint and all cross claims against them, and denied plaintiffs cross motion for partial summary judgment on liability as against defendants-respondents Jerry WWHS Co. and Jose Pagan, unanimously affirmed, without costs.

The court properly found that respondents sustained their burden of demonstrating that the accident was not caused by defendant driver Pagan’s negligence, and that he was confronted by an emergency situation not of his making, when the vehicle in which plaintiff was a passenger made a wide right turn into Pagan’s lane, opposite the direction of traffic, and collided head-on with Pagan’s truck. “A driver in his proper lane is not required to anticipate that an automobile going in the opposite direction will cross over into his lane” *(Williams v Simpson,*36 AD3d 507, 508 [1st Dept 2007]).

Plaintiff failed to raise a triable issue of fact as to the emergency nature of the situation confronted by Pagan, when he hit the brakes “seconds” before the collision with the other vehicle, which Pagan testified was “on top” of his truck. “[C]ourts have repeatedly rejected, as a basis for imposing liability, speculation concerning the possible accident-avoidance measures of a de*569fendant faced with an emergency” *(Caban v Vega,*226 AD2d 109, 111 [1st Dept 1996]). Concur — Mazzarelli, J.P., Acosta, Moskowitz, Manzanet-Daniels and Gische, JJ.
I 

118TH CONGRESS 

1ST SESSION H. R. 1937 

To provide for a limitation on availability of funds for Department of Labor, 

Office of Worker’s Compensation Program, Salaries and Expenses for 

fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Education and the Workforce 

A BILL 

To provide for a limitation on availability of funds for Department of Labor, Office of Worker’s Compensation 

Program, Salaries and Expenses for fiscal year 2024. 

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

3 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 DEPARTMENT OF LABOR, OFFICE OF WORK5 ER’S COMPENSATION PROGRAM, SALARIES 

6 AND EXPENSES FOR FISCAL YEAR 2024. 

7 Notwithstanding any other provision of the law, 

8 amounts authorized to be appropriated or otherwise avail9 able for Department of Labor, Office of Worker’s ComVerDate Sep 11 2014 03:12 Apr 14, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1937.IH H1937

pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•HR 1937 IH

1 pensation Program, Salaries and Expenses for fiscal year 

2 2024 may not exceed $117,601,000. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
1

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

THOMAS RADFORD,

Plaintiff,

:

:

:

vs. : CIVIL ACTION 14-00527-KD-C

:

CEDRIC MARSHALL, et al.,

 Defendants.

:

:

:

ORDER

After due and proper consideration of all portions of this file deemed relevant to the 

issues raised, the Report and Recommendation of the Magistrate Judge, dated December 10, 

2015 (Doc. 58) made under 28 U.S.C. § 636(b)(1) is ADOPTED as the opinion of this Court.1 It 

is ORDERED that:

1. Plaintiff’s motions to amend or supplement the complaint (Docs. 44, 49, 50) are 

GRANTED;

2. Plaintiff’s other motions (Docs. 31, 32, 33, 34, 35, 48) are DENIED;

3. Plaintiff’s “Case Number, 84 Summons, and 30 days to Amend” (Doc. 45), construed 

as a motion to amend, is DENIED; 

4. Summary Judgment (Docs. 28, 29, 30, and 57)

2 is GRANTED in favor of all 

Defendants; and

 1 Plaintiff filed a request for a copy of the docket sheet in this case and a document styled as an “objection” to the 

Report and Recommendation. (Docs. 59-60, respectively). He was mailed a copy of the docket sheet on December 

17, 2015. (Doc. 59, docket notes). Plaintiff’s “objection” failed to cite any specific grounds upon which his 

objection is based. (Doc. 60). “Parties filing objections to a magistrate’s report and recommendation must 

specifically identify those findings objected to. Frivolous, conclusive, or general objections need not be considered 

by the district court.” Marsden v. Moore, 847 F.2d 1536, 1548 (11th Cir. 1988). Accordingly, Plaintiff’s objection 

was not considered. 

2 The Court converted Defendant’s Answer (Doc. 28) and Special Report (Doc. 29) to a Motion for Summary 

Judgment. (Doc. 30). Doc. 57 is Defendant’s Supplemental Special Report.

Case 1:14-cv-00527-KD-C Document 61 Filed 01/15/16 Page 1 of 2
2

5. The claims against Sergeant Cedric Marshall, former Alabama Department of 

Corrections Commissioner Kim T. Thomas, Warden Cynthia Stewart, Lieutenant R. 

Davis, C.O.I. Bruce A. Fitch, Sergeant E. McQueen, C.O.I C. Brown, C.O.I. R. 

Washington, and C.O.I. D. Wetzel, are DISMISSED WITH PREJUDICE.

Final judgment in accordance with this Order and Federal Rule of Civil Procedure 58 

shall be entered by separate document.

DONE and ORDERED this 15th day of January 2016.

/s/ Kristi K. DuBose

KRISTI K. DuBOSE

UNITED STATES DISTRICT JUDGE

Case 1:14-cv-00527-KD-C Document 61 Filed 01/15/16 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

JOE HENRY SCOTT, III, :

 :

Plaintiff, :

 :

vs. : CIVIL ACTION 09-0678-WS-M

 :

WALTER MYERS, et al, :

 :

Defendants. :

ORDER

After due and proper consideration of all portions of this

file deemed relevant to the issues raised, and there having been

no objections filed, the Report and Recommendation of the

Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED

as the opinion of this Court. It is ORDERED that this action be

and is hereby DISMISSED without prejudice for failure to

prosecute and to obey the Court's Order.

DONE this 22nd day of March, 2010.

 S/WILLIAM H. STEELE 

CHIEF UNITED STATES DISTRICT JUDGE

Case 1:09-cv-00678-WS-M Document 12 Filed 03/22/10 Page 1 of 1
In the

United States Court of Appeals

for the Fifth Circuit

_______________

m 05-30650

_______________

MICHAEL NIGRO,

Plaintiff-Appellant,

VERSUS

ST. TAMMANY PARISH HOSPITAL, ET AL.,

Defendants,

ST. TAMMANY PARISH HOSPITAL,

Defendant-Appellee.

_________________________

Appeal from the United States District Court

for the Eastern District of Louisiana

m 2:04-CV-1483

____________________
2

Before SMITH, BARKSDALE, and DENNIS,

Circuit Judges.

PER CURIAM:

*

MichaelNigro sued hisformer employerfor

sexual harassment and retaliation. The district

court entered summary judgment for the employer.

We have reviewed the briefs, the applicable

caselaw, and pertinent portions of the record

and have heard the arguments of counsel. We

conclude that summary judgment was appropriate.

Nigro was not discriminated against on account of hissex, which is a required element of

a sexual harassment claim. His retaliation

claim fails because he did not mention sexual

harassment in his initial complaint to his superiors, so he cannot base a retaliation claim

on the fact that he had filed an EEOC charge.

Moreover, he has not shown a causal connection between the EEOC activity and his

constructive discharge.

The summary judgment is AFFIRMED.

* Pursuant to 5TH CIR.R. 47.5, the court has determined that this opinion should not be published and is

not precedent except under the limited circumstances

set forth in 5TH CIR. R. 47.5.4.
<PAGE>

EXHIBIT 32.1
------------

                   CERTIFICATIONS PURSUANT TO 18 USC SS.1350,
      AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of Composite Technology Corporation
(Company) on Form 10-QSB/A (Report) for the quarter ended March 31, 2003, as
filed with the Securities and Exchange Commission on the date hereof. I, Benton
H Wilcoxon, Chief Executive Officer of the Company, certify to the best of my
knowledge, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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/ Benton H Wilcoxon
---------------------
Benton H Wilcoxon
Chief Executive Officer

Dated: February 3, 2004
       -----------------

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

In connection with the Quarterly Report of Composite Technology Corporation
(Company) on Form 10-QSB/A (Report) for the quarter ended March 31, 2003, as
filed with the Securities and Exchange Commission on the date hereof. I, Benton
H Wilcoxon, Chief Financial Officer of the Company, certify to the best of my
knowledge, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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/ Benton H Wilcoxon
---------------------
Benton H Wilcoxon
Chief Financial Officer

Dated: February 3, 2004
       -----------------
I 

118TH CONGRESS 

1ST SESSION H. R. 2077 

To provide for a limitation on availability of funds for Executive Office 

of the President, Official Residence of the Vice President, Operating 

Expenses for fiscal year 2024. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 29, 2023 

Mr. BIGGS (for himself, Mr. ROSENDALE, Mr. GAETZ, Mr. GOOD of Virginia, 

Mr. ROY, and Mr. CRANE) introduced the following bill; which was referred to the Committee on Oversight and Accountability 

A BILL 

To provide for a limitation on availability of funds for Executive Office of the President, Official Residence of the 

Vice President, Operating Expenses for fiscal year 2024. 

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

3 SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR 

4 EXECUTIVE OFFICE OF THE PRESIDENT, OF5 FICIAL RESIDENCE OF THE VICE PRESIDENT, 

6 OPERATING EXPENSES FOR FISCAL YEAR 

7 2024. 

8 Notwithstanding any other provision of the law, 

9 amounts authorized to be appropriated or otherwise availVerDate Sep 11 2014 23:38 Apr 17, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2077.IH H2077

kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 2077 IH

1 able for Executive Office of the President, Official Resi2 dence of the Vice President, Operating Expenses for fiscal 

3 year 2024 may not exceed $302,000. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
#### John Upshaw *v.*Levi Jackson.

Vendor’s Lien — Descent to Heirs.

Where notes given for the purchase of real estate expressly reserve a lien on the land, such land may be subjected to the payment thereof, even when it has descended to vendee’s heirs.

APPEAL FROM FULTON CIRCUIT COURT.

October 10, 1874.

*T. O. Goalder, Major & Jett, for appellant.*

*A. J. James, for appellee.*

Opinion by

Judge Peters :

It is not perceived by the court that the judgment is for more than the principal and interest due on the two notes sued on after deducting all proper credits.

In the deed made by appellee to appellant and Hugh S. Upshaw for the land, for which the notes were executed, on which this suit was brought, a lien for their payment is expressly reserved, and the judgment is to subject the land therein conveyed to the payment of the debt. It is true that by the terms of the judgment appellee is authorized to sue out an execution on his judgment before selling the land, and if he can thereby malee his debt, the land will not be sold. It appears from the evidence that estate sufficient to pay the debt descended from the father of appellant, who was the original debtor to satisfy this and any other debts remaining unpaid.

Perceiving no error in the judgment prejudicial to appellant, the same is *affirmed.*
#### Dennis Riddell et al., Respondents, v June A. Brown, Appellant, et al., Defendants.

(Appeal No. 5.)

[825 NYS2d 652]

Motion for reargument denied. Present—Scudder, EJ., Martoche, Smith and Pine, JJ.
Exhibit 31.1

                                  CERTIFICATION

I, Dr. Christopher McCormack, certify that:

1. I have  reviewed  this  quarterly  report  on Form  10-QSB  of Life  Energy &
Technology Holdings, Inc.

2. Based on my  knowledge,  this  quarterly  report  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  with respect to the period covered by this quarterly
report.

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

4.  The  registrant's  other  certifying  officers  and  I are  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 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 quarterly report is being prepared;
     B) evaluated the effectiveness of the registrant's  disclosure controls and
procedures  as of a date  within  90  days  prior  to the  filing  date  of this
quarterly report (the "evaluation date"); and
     C)  presented  in  this  quarterly   report  our   conclusions   about  the
effectiveness of the disclosure  controls and procedures based on our evaluation
as of the evaluation date;

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

     A) all  significant  deficiencies  in the design or  operation  of internal
controls  which  could  adversely  affect  the  registrant's  ability to record,
process,  summarize  and  report  financial  data  and have  identified  for the
registrant's auditors any material weaknesses in internal controls; and
     B) any fraud,  whether or not material,  that involves  management or other
employees who have a significant role in the registrant's internal controls.

6. The  registrant's  other  certifying  officers  and I have  indicated in this
quarterly  report  whether or not there  were  significant  changes in  internal
controls or in other factors that could  significantly  affect internal controls
subsequent to the date of our most recent  evaluation,  including any corrective
actions with regard to significant deficiencies and material weaknesses.

Date:  April 19, 2004

By:/s/Dr Christopher McCormack
-----------------------------------------
Chief Executive Officer (or equivalent thereof)
IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

DUSTIN MCLELLAN, )

)

Plaintiff, )

)

vs. ) CIVIL ACTION NO. 15-0161-CG-B

)

MONICA JOHNSON, et al., )

)

Defendants. )

JUDGMENT

In accordance with the Order entered this date, it is ORDERED,

ADJUDGED, and DECREED that this action is hereby DISMISSED without 

prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.

DONE and ORDERED this 29th day of October, 2015.

/s/ Callie V. S. Granade

UNITED STATES DISTRICT JUDGE

Case 1:15-cv-00161-CG-B Document 14 Filed 10/29/15 Page 1 of 1
Order entered May 6, 2020

In the

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-19-00710-CR

JOHN FRANCIS WALSH III, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 2

Dallas County, Texas

Trial Court Cause No. F17-75832-H

ORDER

Before the court is pro se appellant’s May 1, 2020 second motion to extend 

the time to file his pro se response to counsel’s Anders brief. We GRANT the 

motion and extend the time to file appellant’s pro se response to June 26, 2020. 

By order issued March 23, 2020, the court ordered counsel to send appellant 

a copy of the record and verify that the record had been sent within twenty-one 

days. Counsel has not filed the verification as directed. We ORDER counsel to file 
WITHIN TEN DAYS a verification with this court describing what portions of 

the record were sent to appellant and when this occurred. 

Appellant reports he has received an incomplete copy of the record, though

he does not specify what he believes is missing from the record. Without further 

information regarding any deficiencies in the record delivered to appellant, the 

court will take no action on appellant’s allegation about the state of the record. If 

appellant believes a material portion of the record has been omitted, he may file a 

motion with the court requesting additional relief. Alternatively, he may address 

deficiencies in the record presented as part of his pro se response.

We DIRECT the Clerk to transmit a copy of this order by electronic 

transmission to appellate counsel Sharita Blacknall, to counsel for the State, and to 

the Honorable Nancy Kennedy, presiding judge of Criminal District Court Number 

2.

We further DIRECT the Clerk to send a copy of this order, by first class 

mail, to John Francis Walsh, III; TDCJ # 02270860; Coffield Unit; 2661 FM 2054;

Tennessee Colony, Texas 75884.

/s/ CORY L. CARLYLE 

JUSTICE
Order entered January 12, 2018

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-17-00921-CR

NYLON DERAYSHUN HART, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 1

Dallas County, Texas

Trial Court Cause No. F15-33640-H

ORDER

The reporter’s record was filed December 8, 2017. After reviewing the record, we note 

that the following five State’s exhibits are missing: exhibit 26, Brandon Taylor Video Interview; 

exhibit 27, CD of Cell phone Records; exhibit 30, Nylon Hart Video Interview; exhibit 33, DVD 

YouTube Video; and exhibit 34, DVD YouTube Video. We ORDER court reporter Marissa 

Garza to file, within FOURTEEN DAYS of the date of this order, a supplemental reporter’s 

record containing playable copies of the State’s exhibits 26, 27, 30, 33, and 34.

/s/ ADA BROWN 

JUSTICE
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
This schedule contains summary financial information extracted from the
financial statements as of and for the three months ended April 4, 1999 and is
qualified in its entirety by reference to such financial statements.
</LEGEND>
<RESTATED>
<CIK>                                  0000317540
<NAME>                                 Coca-Cola Bottling Co. Consolidated
<MULTIPLIER>                           1,000
<CURRENCY>                             U.S. Dollars
       
<S>                                          <C>
<PERIOD-TYPE>                                3-MOS
<FISCAL-YEAR-END>                            JAN-02-2000
<PERIOD-START>                               JAN-04-1999
<PERIOD-END>                                 APR-04-1999
<EXCHANGE-RATE>                              1
<CASH>                                       6,654
<SECURITIES>                                 0
<RECEIVABLES>                                58,983
<ALLOWANCES>                                 611
<INVENTORY>                                  43,035
<CURRENT-ASSETS>                             145,604
<PP&E>                                       638,578
<DEPRECIATION>                               208,251
<TOTAL-ASSETS>                               1,010,405
<CURRENT-LIABILITIES>                        214,517
<BONDS>                                      599,329
<PREFERRED-MANDATORY>                        0
<PREFERRED>                                  0
<COMMON>                                     12,055
<OTHER-SE>                                   (2,840)
<TOTAL-LIABILITY-AND-EQUITY>                 1,010,405
<SALES>                                      220,263
<TOTAL-REVENUES>                             220,263
<CGS>                                        128,111
<TOTAL-COSTS>                                128,111
<OTHER-EXPENSES>                             86,134
<LOSS-PROVISION>                             0
<INTEREST-EXPENSE>                           11,695
<INCOME-PRETAX>                              (6,892)
<INCOME-TAX>                                 (2,412)
<INCOME-CONTINUING>                          (4,480)
<DISCONTINUED>                               0
<EXTRAORDINARY>                              0
<CHANGES>                                    0
<NET-INCOME>                                 (4,480)
<EPS-PRIMARY>                                (0.54)
<EPS-DILUTED>                                (0.53)
        

</TABLE>
EXHIBIT 13.2

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE U.S. SARBANES-OXLEY ACT OF 2002

In connection with the Annual Report of MATERIALISE NV (the Company) on Form 20-F for the fiscal year
ended December 31, 2016, as filed with the U.S. Securities and Exchange Commission on the date hereof (the Report), I, Johan Albrecht, certify, pursuant to 18 U.S.C. section 1350, as adopted pursuant to section 906 of the U.S.
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:



|(i) | the Report fully complies with the requirements of section 13(a) or 15(d) of the U.S. 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.
|---- | ----------------------------------------------------------------------------------------------------------------------------------------------------

Date: April 28, 2017



|    |  |                        
|--- |  | -----------------------
|By: |  | /s/ Johan Albrecht     
|    |  | Johan Albrecht         
|    |  | Alfinco BVBA           
|    |  | Chief Financial Officer
Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER AND 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, Benton H Wilcoxon, 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 Composite Technology Corporation on Form 10-Q for the period ended
June 30, 2006 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-Q fairly presents in all material respects the financial condition and
results of operations of Composite Technology Corporation.


Date: August 8, 2006

By: /s/ Benton H Wilcoxon
    -------------------------
    Benton H Wilcoxon
    Chief Executive Officer and Acting Chief Financial Officer