alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Thomas Doherty et al., Appellants, v Joseph Sparacio, Respondent.

[826 NYS2d 402]

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Agate, J.), dated March 10, 2005, which granted that branch of the defendant’s motion which was for summary judgment dismissing the complaint.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendant’s motion which was for summary judgment dismissing the second cause of action under General Municipal Law § 205-a and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed, without costs or disbursements.

The plaintiff Thomas Doherty (hereinafter the injured plaintiff), a New York City firefighter, sustained injuries when, while involved in a rescue operation in a building owned by the defendant, his finger got caught between two “halligans,” i.e., tools used to force open doors. The halligan which struck the injured plaintiffs finger was being used by a fellow firefighter, as the plaintiff and this coworker attempted to pry open a door on the building’s second floor. The plaintiffs argued that violations by the defendant of specified laws relating to safety and maintenance contributed, inter alia, to a heavy smoke/low visibility scenario, and this, in turn, caused the injured plaintiffs coworker to accidently strike the injured plaintiffs finger with the halligan.

The Supreme Court correctly determined that the first cause *531of action to recover damages for common-law negligence is barred because the injury was sustained while the injured plaintiff was engaged in, and as a consequence of, his official firefighting duties *(see Delio v City of New York,*8 AD3d 325, 325-326 [2004]; *Brady v City of New Rochelle,*296 AD2d 365, 366 [2002]; *Carter v City of New York,*272 AD2d 498, 499 [2000]).

With respect to the statutory cause of action, however, the Supreme Court erred. To recover damages pursuant to General Municipal Law § 205-a, a plaintiff is required to establish a violation by the defendant of a statute or ordinance which directly or indirectly has a reasonable connection to the firefighter’s described injury *(see Giuffrida v Citibank Corp.,*100 NY2d 72, 79 [2003]; *Zanghi v Niagara Frontier Transp. Commn.,*85 NY2d 423, 441 [1995]). Here, while the defendant satisfied his prima facie burden of demonstrating his entitlement to summary judgment, in opposition, the plaintiffs raised triable issues of fact *(see Alvarez v Prospect Hosp.,*68 NY2d 320, 324 [1986]; *Zuckerman v City of New York,*49 NY2d 557, 562 [1980]), inter alia, as to whether the defendant’s alleged violations of provisions of the Administrative Code of the City of New York bore a practical or reasonable causal connection to the injured plaintiffs injuries *(see Giuffrida v Citibank Corp., supra*at 81; *Mullen v Zoebe, Inc.,*86 NY2d 135, 140 [1995]; *Foiles v V.L.J. Constr. Corp.,*17 AD3d 297 [2005]) Miller, J.P., Goldstein, Mastro and Dillon, JJ., concur.
#### UNITED STATES of America, Plaintiff-Appellee v. Christopher Ryan BUNCH, Defendant-Appellant.

Nos. 07-10277, 07-10283.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Dec. 21, 2007.

Keith Robinson, U.S. Attorney’s Office, Northern District of Texas, Dallas, TX, for Plaintiff-Appellee.

Jason Douglas Hawkins, Federal Public Defender’s Office, Northern District of Texas, Dallas, TX, for Defendant-Appellant.

Before KING, DAVIS, and CLEMENT, Circuit Judges.

PER CURIAM: *

Christopher Ryan Bunch appeals the 66-month concurrent sentence imposed following his guilty-plea convictions for bank robbery, access device fraud, and identification fraud. He argues that his sentence violates *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and is unreasonable. The presumption of reasonableness afforded a sentence within a properly calculated advisory guideline range is consistent with *Booker. See Rita v. United States,*— U.S. -, 127 S.Ct. 2456, 2462, 168 L.Ed.2d 203 (2007). The record reflects that the distinct court considered Bunch’s arguments, statements from Bunch and his family, the recommendation of the presentence report, the applicable guideline range, and the factors set forth in 18 U.S.C. § 3553(a).

Because the district court exercised its discretion to impose a sentence within a properly calculated guideline range, the sentence is presumptively reasonable, and we may infer that the district court considered all the facts for a fair sentence set forth in the Guidelines. *See Rita,*127 S.Ct. at 2462-70; *United States v. Alonzo,*435 F.3d 551, 554 (5th Cir.2006); *United States v. Mares,*402 F.3d 511, 520 (5th Cir.2005). Bunch asserts that he has re*671butted the presumption of reasonableness because of various mitigating factors. There is nothing to indicate that the district court improperly failed to consider sentencing factors entitled to significant weight, gave significant weight to improper factors, or erred in balancing the factors to such a degree that the sentence was not reasonable. *See United States v. Nikonova,*480 F.3d 371, 376 (5th Cir.), *cert. denied,*- U.S. -, 128 S.Ct. 163, 169 L.Ed.2d 112 (2007). The judgment of the district court 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.
Exhibit 35.3

SERVICER COMPLIANCE STATEMENT (Item 1123)

Homecomings Financial, LLC

RFMSI Series 2007-SA2 Trust (the Issuing Entity)

The undersigned, a duly authorized officer of Homecomings Financial, LLC, as servicer (the Servicer) pursuant to the applicable servicing agreement, does hereby certify that:

1. A review of the Servicers activities during the period from and including March 29, 2007 through and including September 24, 2007 and of the
Servicers performance under the applicable servicing agreement has been made under my supervision.

2. To the best of my knowledge, based on such
review, the Servicer has fulfilled all of its obligations under the applicable servicing agreement in all material respects throughout such period.

IN
WITNESS WHEREOF, the undersigned has duly executed this Certificate this 24th day of March 2008.



|       |  |                     
|------ |  | --------------------
|By:    |  | /s/ Anthony N. Renzi
|Name:  |  | Anthony N. Renzi    
|Title: |  | Managing Director
FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

GABBI LEMOS,

Plaintiff

- Appellant,

v.

COUNTY OF SONOMA; STEVE

FREITAS; MARCUS HOLTON,

Defendants

- Appellees. No. 19

- 15222

D.C. No. 4:15

- cv

- 05188

- YGR

Northern District of California,

Oakland

ORDER

MURGUIA , Chief Judge:

Upon the vote of a majority of nonrecused active judges, it is ordered that

this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a)

and Circuit Rule 35

- 3. The three

- judge panel opinion is vacated.

Judge Koh did not participate in the deliberations or vote in this case. 

# FILED

JAN 21 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
EXHIBIT 31.2
 Certification
  1.
    
    I have reviewed this Annual Report on Form 10-K of Martha Stewart Living Omnimedia, Inc;2.
    
    Based on my knowledge, this 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 report;3.
    
    Based on my knowledge, the financial statements, and other financial information included in
this 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
report;4.
    
    The registrants other certifying officer and I are responsible for establishing and
maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and
15(d)-15(e)) and internal control over financial reporting (as defined in Exchange Act Rules
13a  15(f) and 15(d)  15(f)) for the registrant and have:
     5.
    
    The registrants other certifying officer and I have disclosed, based on our most recent
evaluation of internal 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):
    /s/  Allison JacquesPrincipal Financial Officer
```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2015 Introduced in House (IH)]

<DOC>

118th CONGRESS
  1st Session
                                H. R. 2015

To provide for a limitation on availability of funds for Department of 
 Health and Human Services, Administration for Community Living, Aging 
         and Disability Services Programs 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, and in 
addition to the Committees on Energy and Commerce, Ways and Means, and 
House Administration, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To provide for a limitation on availability of funds for Department of 
 Health and Human Services, Administration for Community Living, Aging 
         and Disability Services Programs for fiscal year 2024.

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

SECTION 1. LIMITATION ON AVAILABILITY OF FUNDS FOR DEPARTMENT OF HEALTH 
              AND HUMAN SERVICES, ADMINISTRATION FOR COMMUNITY LIVING, 
              AGING AND DISABILITY SERVICES PROGRAMS FOR FISCAL YEAR 
              2024.

    Notwithstanding any other provision of the law, amounts authorized 
to be appropriated or otherwise available for Department of Health and 
Human Services, Administration for Community Living, Aging and 
Disability Services Programs for fiscal year 2024 may not exceed 
$2,120,200,000.
                                 <all>
```
CERTIFICATION OF PERIODIC FINANCIAL REPORTS

I, James A. Watt, Chief Executive Officer of Dune
Energy, Inc., a Delaware corporation (the "Company"), certify, pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that:

(1) the Amended Annual Report on Form 10-KSB/A for the year ended December 31,
2006 (the "Report") which this statement accompanies fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and

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

Dated: April 20, 2007

                                               /s/ James A. Watt
                                               ---------------------------------
                                               James A. Watt
                                               Chief Executive Officer

A signed original of this written statement required by Section 906 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.
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.                  

###### Federal Reserve System

                    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841*et seq.*) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.                

The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than February 2, 2015.

A. Federal Reserve Bank of St. Louis (Yvonne Sparks, Community Development Officer) P.O. Box 442, St. Louis, Missouri 63166-2034:

                    1.                     *First Horizon National Corporation,*                     Memphis, Tennessee; to merge with TrustAtlantic Financial Corporation, and thereby indirectly acquire TrustAtlantic Bank, both in Raleigh, North Carolina.                

Board of Governors of the Federal Reserve System, January 2, 2015.

Michael J. Lewandowski,

Associate Secretary of the Board.

[FR Doc. 2015-00033 Filed 1-6-15; 8:45 am]

BILLING CODE 6210-01-P
Exhibit 23.1
  Consent of Independent Registered Public Accounting Firm
 
 
 The Board of Directors
 CAI International, Inc.:
 
 We consent to the incorporation by reference in the Registration Statements on Form S-8 (Nos. 333-143000 and 333-159870) and on Form S-3 (No. 333-168480)of CAI International, Inc. of our reports dated March 15, 2011, with respect to the consolidated balance sheets of CAI International, Inc. and Subsidiaries as of December 31, 2010 and 2009, and the related consolidated statements of operations, stockholders’ equity, and cash flows for each of the years in the three-year period ended December 31, 2010, and the related financial statement schedule II, and the effectiveness of internal control over financial reporting as of December 31, 2010, which reports appear in the December 31, 2010 annual report on Form 10-K of CAI International, Inc.
 
 /s/ KPMG LLP
 
 
 San Francisco, California
 
 March 15, 2011
EXHIBIT
32.2
 
 
 
 CERTIFICATION
OF 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,
Carey G. Birmingham, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual
Report of Michael Lambert, Inc. on Form 10-K for the fiscal year ended November
30, 2008 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-K
fairly presents in all material respects the financial condition and results of
operations of Michael Lambert, Inc.
 
 Date:  February
27, 2009
 
 By:
      /s/ Carey G.
      BirminghamCarey
      G. Birmingham,Chief
      Financial Officer
                  (Principal
      Accounting Officer)
### THE THIRTEENTH COURT OF APPEALS

13

- 21

- 00114

- CV
IN THE INTEREST OF A.M.M., M.A.M., K.A.M., J.G.M.,

J.E.M., AND J.I.M.P., CHILDREN
On Appeal from the 138th District Court of Cameron County , Texas Trial Court Cause No. 2019

- DCL

- 04135

- B

JUDGMENT THE TH IRTEENTH COURT OF APPEALS, having considered this cause on appeal, concludes the judgment of the trial court should be reversed and the cause remanded to the trial court . The Court orders the judgment of the trial court REVERSED and REMANDED for further pr oceedings consistent with its opinion

. Appellee, TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES, is exempt from all costs. We further order this decision certified below for observance. October 1 5 , 2021
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Joan L. Larsen, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 November 4, 2016

t1101

Order 

Clerk

November 4, 2016

154571

In re PIERSON/BERRY, Minors SC: 154571

COA: 328675 

Jackson CC Family Div: 

 02-002014-NA

_________________________________________/

On order of the Court, the application for leave to appeal the September 20, 2016 

judgment of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
I 

118TH CONGRESS 

1ST SESSION H. R. 1905 

To provide for a limitation on availability of funds for Joint Items, House 

Office Buildings 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 Transportation and Infrastructure 

A BILL 

To provide for a limitation on availability of funds for Joint 

Items, House Office Buildings 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 JOINT ITEMS, HOUSE OFFICE BUILDINGS FOR 

5 FISCAL YEAR 2024. 

6 Notwithstanding any other provision of the law, 

7 amounts authorized to be appropriated or otherwise avail8 able for Joint Items, House Office Buildings for fiscal 

9 year 2024 may not exceed $187,098,000. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
Exhibit 32.1

CERTIFICATION PURSUANT TO

SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as chief executive officer of Charlotte Russe Holding, Inc. (the Company), does hereby certify that to the undersigneds knowledge:

1) the Companys annual report on Form 10-K for the year ended September 30, 2006 fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and

2) the information
contained in the Companys annual report on Form 10-K for the year ended September 30, 2006 fairly presents, in all material respects, the financial condition and results of operations of the Company.



/s/    MARK A. HOFFMANMark A. Hoffman Chief Executive Officer (Principal Executive Officer)


Date: December 13, 2006

A signed original of this written statement required by Section 906 has been provided to Charlotte Russe Holding, Inc. and will be retained by Charlotte Russe Holding, Inc. and furnished to the Securities and
Exchange Commission or its staff upon request.
Exhibit 32.2





CERTIFICATION OF PRINCIPAL FINANCIAL AND ACCOUNTING OFFICER, 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 Actinium Pharmaceuticals, Inc. a Delaware corporation (the “Company”), on Form 10-K for the period ended December 31, 2013 as filed with the Securities and Exchange Commission (the “Report”), I, Kaushik J. Dave, Interim Chief Financial Officer of the Company, certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350), that to my knowledge:





(1) 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.





/s/ Kaushik J. Dave Kaushik J. Dave


Interim Chief Financial Officer


(Principal Financial and Accounting Officer)





Date:  April 10, 2014
EXHIBIT 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

PURSUANT TO 18 U.S.C. SECTION 1350

AS ADOPTED PURSUANT TO

SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002

The undersigned, the President and Chief Executive Officer of Dune Energy, Inc. (the
Company), does hereby certify under the standards set forth and solely for the purposes of 18 U.S.C. 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual Report on Form 10-K of the Company for
the year ended December 31, 2007 fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and information contained in that Form 10-K fairly presents, in all material respects, the financial
condition and results of operations of the Company.



|                      |  |  |  |                                      
|--------------------- |  |  |  | -------------------------------------
|Dated: March 10, 2008 |  |  |  | /S/    JAMES A.
WATT                 
|                      |  |  |  | James A. Watt                        
|                      |  |  |  | President and Chief Executive Officer

A signed original of this written statement required by Section 906 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.