alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Amy L. Roberts et al., on Behalf of Themselves and All Others Similarly Situated, Respondents, v Tishman Speyer Properties, L.P., et al., Appellants.

Submitted August 3, 2009;

decided August 27, 2009

Reported below, 62 AD3d 71.

Motion by Community Housing Improvement Program of New York Inc. et al. for leave to appear amici curiae on the appeal herein granted only to the extent that the proposed brief is accepted as filed. Two copies of the brief must be served and 24 copies filed within seven days.
Exhibit 32.1





Certification of CEO and CFO

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 on Form 10-Q of Shelter Properties II (the "Partnership"), for the quarterly period ended March 31, 2008 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), Martha L. Long, as the equivalent of the chief executive officer of the Partnership, and Stephen B. Waters, as the equivalent of the chief financial officer of the Partnership, each hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to the best of his knowledge:





(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 Partnership.





| |                        
| | -----------------------
| | /s/Martha L. Long      
| | Name: Martha L. Long   
| | Date: May 9, 2008      
| |                        
| | /s/Stephen B. Waters   
| | Name: Stephen B. Waters
| | Date: May 9, 2008      





This certification is furnished with this Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not be deemed filed by the Partnership for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from 
Shelter Properties II 1998 Third Quarter 10-QSB and is qualified in its 
entirety by reference to such 10-QSB filing.
</LEGEND>
<CIK> 0000319723
<NAME> SHELTER PROPERTIES II
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                    9-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               SEP-30-1998   
<CASH>                                           1,390
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0<F1>
<PP&E>                                          25,197
<DEPRECIATION>                                  16,748   
<TOTAL-ASSETS>                                  11,480   
<CURRENT-LIABILITIES>                                0<F1>
<BONDS>                                          8,395     
<PREFERRED-MANDATORY>                                0     
<PREFERRED>                                          0  
<COMMON>                                             0
<OTHER-SE>                                       2,277    
<TOTAL-LIABILITY-AND-EQUITY>                    11,480    
<SALES>                                              0
<TOTAL-REVENUES>                                 4,388    
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                 3,816    
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 585    
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       572     
<EPS-PRIMARY>                                    20.58<F2>
<EPS-DILUTED>                                        0
<FN>
<F1>Registrant has an unclassified balance sheet.
<F2>Multiplier is 1.
</FN>
        



</TABLE>
#### UNITED STATES of America, Plaintiff-Appellee, v. Jonathan PINEDA-DIAZ, Defendant-Appellant.

No. 05-40935

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 20, 2006.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office, Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

Larry Chris lies, Rockport, TX, for Defendant-Appellant.

*574Before SMITH, WIENER, and OWEN, Circuit Judges.

PER CURIAM: *

Defendant-Appellant Jonathan Pineda-Diaz appeals his jury trial conviction for possession with intent to distribute marijuana and conspiracy to possess marijuana thusly. He contends that reversible error resulted when the government, while cross-examining him, referred to out-of-court statements of a co-conspirator who was not present to testify. Pineda objected to the line of questioning, and the district court sustained his objection.

Assuming without deciding that the questioning was improper, we conclude that “the evidence as a whole before the jury was sufficiently convincing of guilt as to overcome any error committed by the government during its cross-examination.” *See United, States v. Smith-Bowman,*76 F.3d 634, 636-37 (5th Cir.1996); *United States v. Pepper,*51 F.3d 469, 472 (5th Cir.1995). Accordingly, any error resulting from the prosecutor’s cross-examination was harmless. Pineda’s conviction and sentence are

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.
EX-31 Rule 13a-14(d)/15d-14(d) Certification.


  I, Michelle Gill, certify that:

  1.I have reviewed this report on Form 10-K and all reports on Form 10-D
    required to be filed in respect of the period covered by this report on
    Form 10-K of GSAA Home Equity Trust 2007-3 (the "Exchange Act periodic
    reports");

  2.Based on my knowledge, the Exchange Act periodic reports, taken as a
    whole, do 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, all of the distribution, servicing and other
    information required to be provided under Form 10-D for the period
    covered by this report is included in the Exchange Act periodic reports;

  4.Based on my knowledge and the servicer compliance statements required
    in this report under Item 1123 of Regulation AB, and except as
    disclosed in the Exchange Act periodic reports, the servicers have
    fulfilled their obligations under the servicing agreements in all
    material respects; and

  5.All of the reports on assessment of compliance with servicing criteria
    for asset-backed securities and their related attestation reports on
    assessment of compliance with servicing criteria for asset-backed
    securities required to be included in this report in accordance with
    Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18
    have been included as an exhibit to this report, except as otherwise
    disclosed in this report.  Any material instances of noncompliance
    described in such reports have been disclosed in this report on Form
    10-K.

    In giving the certifications above, I have reasonably relied on
    information provided to me by the following unaffiliated parties:
    Countrywide Home Loans Servicing LP as Servicer, GreenPoint Mortgage
    Funding, Inc. as Servicer and Wells Fargo Bank, N.A. as Master Servicer
    and Securities Administrator.

    Dated:   March 31, 2008


    /s/ Michelle Gill

    Michelle Gill
    Vice President
    (senior officer in charge of securitization of the depositor)
#### Patricia Corbey et al., Respondents, v Medhat Allam et al., Appellants, et al., Defendants.

[871 NYS2d 712]

In an action to recover damages for medical malpractice, etc., the defendants Medhat Allam, Eastern Long Island Surgery, EC., Bradley Gluck, North Fork Radiology, PC., and Hampton *668Radiology, EC., appeal, as limited by their notices of appeal and brief, from so much of an order of the Supreme Court, Suffolk County (Weber, J.), dated October 16, 2007, as denied those branches of their respective motions which were to compel the plaintiffs to provide authorizations for the release of certain medical records, and granted the plaintiffs’ cross motion for a protective order.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and those branches of the appellants’ motions which were to compel the plaintiffs to provide authorizations for the release of certain medical records are granted, and the plaintiffs’ cross motion for a protective order is denied.

A party who affirmatively places his or her physical or mental condition in issue has waived any physician-patient privilege that may attach to the records of that condition and must provide duly-executed and acknowledged written authorizations for their release *(see Dillenbeck v Hess,*73 NY2d 278 [1989]; *Weber v Ryder TRS, Inc.,*49 AD3d 865 [2008]). Although a party may avoid the disclosure of medical records in such circumstances by abandoning claims of psychological or psychiatric injury *(see Bobrowsky v Toyota Motor Sales U.S.A.,*261 AD2d 349 [1999]; *cf., Cruci v General Elec. Co.,*33 AD3d 840 [2006]; *Goldberg v Fenig,*300 AD2d 439, 440 [2002]; *Carboni v New York Med. Coll.,*290 AD2d 473, 473-474 [2002]), the burden of establishing that there has been no waiver of the privilege is on the party asserting the privilege *(see People v Kozlowski,*11 NY3d 223, 246 [2008], *affd*11 NY3d 223 [2008]; *Spectrum Sys. Intl. Corp. v Chemical Bank,*78 NY2d 371, 377 [1991]). Here, the pleadings affirmatively placed the mental condition of the plaintiff Fatricia Corbey (hereinafter the plaintiff) in issue *(see e.g. Avila v 106 Corona Realty Corp.,*300 AD2d 266, 267 [2002]; *Molesi v Rubenstein,*294 AD2d 546 [2002]; *Starling v Warshowski,*148 AD2d 441, 442 [1989]; *Leichter v Cohen,*124 AD2d 710, 711 [1986]). The plaintiff did not unequivocally abandon her claims of psychological injury before the Supreme Court and thus her mental condition remained in issue. Accordingly, since the plaintiff failed to carry her burden in opposing the motion for disclosure and in support of her cross motion for a protective order, the appellants were entitled to disclosure of the requested records. Spolzino, J.E, Fisher, Miller and Garni, JJ., concur.
<PAGE>

                       SECURITIES AND EXCHANGE COMMISSION
                              WASHINGTON, DC 20549


                                    FORM 6-K

                        Report of Foreign Private Issuer
                      Pursuant to Rule 13a-16 or 15d-16 of
                       the Securities Exchange Act of 1934


For the month of: November, 2005                 Commission File Number: 0-27400

                            CINRAM INTERNATIONAL INC.
                              (Name of Registrant)

                                2255 MARKHAM ROAD
                              SCARBOROUGH, ONTARIO
                                 CANADA M1B 2W3
                    (Address of Principal Executive Offices)


Indicate by check mark whether the registrant files or will file annual reports
under cover of Form 20-F or Form 40-F:

                        Form 20-F [ ]      Form 40-F [X]


Indicate by check mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(1): ____

Indicate by check mark if the registrant is submitting the Form 6-K in paper as
permitted by Regulation S-T Rule 101(b)(7): ____

Indicate by check mark whether by furnishing the information contained in this
Form, the registrant is also thereby furnishing the information to the
Commission pursuant to Rule 12g3-2(b) under the Securities Exchange Act of 1934.

                              Yes [ ]      No [X]


If "Yes" is marked, indicate below the file number assigned to the registrant in
connection with Rule 12g3-2(b): N/A


<PAGE>


                                   SIGNATURES

         Pursuant to the requirements of the Securities Exchange Act of 1934,
the registrant has duly caused this report to be signed on its behalf by the
undersigned, thereunto duly authorized.

                                         CINRAM INTERNATIONAL INC.



Date: November 3, 2005                By: /s/ Lewis Ritchie
                                         ---------------------------------------
                                         Name:  Lewis Ritchie
                                         Title: Executive Vice-President Finance
                                                and Administration, Chief
                                                Financial Officer and Secretary



<PAGE>


                                  EXHIBIT INDEX


<Table>
<Caption>
Exhibit         Description of Exhibit
-------         ----------------------
<S>          <C>
 99.1           Press Release:  Cinram posts third quarter earnings --
                Board conditionally approves recapitalization as an income deposit
                security structure

</Table>
##### 



Exhibit 10.17
 
   FAIRFAX, INCBy:
    /s/   John CassilName:
    John CassilTitle:
    Vice PresidentCrum & Forster Holding Inc.By:
    /s/   Mary Jane RobertsonName:
    Mary Jane RobertsonTitle:
    Sr. Executive Vice President
#### UNITED STATES of America, Plaintiff-Appellee, v. Emiliano LUGO-VARGAS, Defendant-Appellant.

No. 05-20524

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Oct. 25, 2006.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern District of Texas, for Plaintiff-Appellee.

Timothy William Crooks, Assistant Federal Public Defender, Marjorie A. Meyers, Federal Public Defender, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before JOLLY, DeMOSS, and STEWART, Circuit Judges.

PER CURIAM: *

Emiliano Lugo-Vargas (Lugo) appeals following his guilty plea to being an alien in possession of a firearm, in violation of 18 *620U.S.C. § 922(g)(5). He argues that § 922(g)(5) is facially unconstitutional and, in the alternative, that the statute is unconstitutional as applied because the factual basis of his plea failed to establish the interstate commerce element. Lugo concedes that his constitutional challenge is foreclosed by circuit precedent, and he raises it only to preserve it for review by the Supreme Court. We have held that “the constitutionality of § 922(g) is not open to question,” *United States v. Daugherty,*264 F.3d 513, 518 (5th Cir.2001)(internal quotation marks omitted), and, additionally, that the Government need only establish that the firearm was manufactured out of state to satisfy the interstate commerce element of the offense. *See United States v. Guidry,*406 F.3d 314, 318-19 (5th Cir.), *cert. denied,*- U.S. -, 126 S.Ct. 190, 163 L.Ed.2d 198 (2005).

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.
FRANCHISE AGREEMENT AMENDMENT NO. 2 DATED JAN 2/06



 





Exhibit 10.29




FRANCHISE AGREEMENT AMENDMENT #2



This Agreement is made as of the 2nd day of January, 2007.



BETWEEN:



LULULEMON ATHLETICA INC.

1945 McLean Drive

Vancouver, BC V5N 3J7



(the “Franchisor”)



AND:



OQQO ENTERPRISES INC.

584 Johnson Street

Victoria, BC V8W 1M3



(the “Franchisee”)



WHEREAS:



A.     The Franchisor and Franchisee are parties to a Franchise Agreement dated October 16, 2002 (the
“Franchise Agreement”);



B.     The parties agreed to amend the Franchise Agreement by signing a franchise agreement amendment
(the “Franchise Agreement Amendment”) dated December 20, 2006; and



C.     The parties have now agreed to further amend the Franchise Agreement on the terms of this
Agreement.



NOW THEREFORE THIS AGREEMENT WITNESSES that in consideration of the premises and the mutual
covenants and agreements hereinafter set forth, the parties hereto agree as follows:





	1.	 	The Franchise Agreement Amendment is hereby terminated and declared null and void and of no
further effect.
	 
	2.	 	Section 2(a) of the Franchise Agreement is hereby amended by removing the words “shall be for a
period of five (5) years” and inserting the words “shall commence on the date hereof and expire on
January 2, 2012” in their place.
	 
	3.	 	Section 27 of the Franchise Agreement is hereby amended by removing the following words from the
first sentence of such section: “In the third (3rd) year of the Initial Term of this Agreement, in
every subsequent year for the remainder of the term of this Agreement and in any renewal term as
provided for in this Agreement”.




 









 






	3.	 	Except as amended hereby, the parties acknowledge that the Franchise Agreement is unamended, and
that, as amended hereby, the Franchise Agreement is in full force and effect, in accordance with
its terms.




IT WITNESS WHEREOF the parties have hereunto set their hands and seals on the day and year first
above written.




	 	 	 	 	 
	LULULEMON ATHLETICA INC.

 	 	 
	By:	/s/ Bob Meers	 	 
	 	Bob Meers	 	 
	 	 	 	 
	 
	OQQO ENTERPRISES INC.

 	 	 
	By:	/s/ Ryan Smith
	 	 
	 	Ryan Smith 	 	 
	 	 	 	 
	 




-2-
---

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

I, Rafael Pinedo, hereby 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 Annual Report on Form 10-K of Chancery Resources,
      Inc. for the year ended November 30, 2008 (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 Chancery Resources, Inc.                                                               

Dated: March 2, 2009



| | /s/ Rafael
Pinedo            
| | -----------------------------
| | Rafael Pinedo                
| | President and Director       
| | (Principal Executive Officer)
| | Chancery Resources, Inc.     



A signed original of this written statement required by Section
906, or other document authenticating, acknowledging, or otherwise adopting the
signature that appears in typed form within the electronic version of this
written statement required by Section 906, has been provided to Chancery
Resources, Inc. and will be retained by Chancery Resources, Inc. and furnished
to the Securities and Exchange Commission or its staff upon request.

---
##### 



EXHIBIT 99.1

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

In connection with the accompanying Transition Report on Form 10-Q of Bull Run
Corporation (the Company) for the period July 1, 2002 to August 31, 2002 (the
Transition Report), I,
Robert S. Prather, Jr., President and Chief Executive Officer of the Company,
hereby certify pursuant to 18 U.S.C. Section 1350, as adopted pursuant to
Section 906 of the Sarbanes-Oxley Act of 2002, that the Transition Report fully
complies with the requirements of Section 13(a) or 15(d) of the Securities
Exchange Act of 1934 and that the information contained in the Transition
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company.

|                       |  |                                                             
|---------------------- |  | ------------------------------------------------------------
|Date: November 8, 2002 |  | /s/ ROBERT S. PRATHER, JR.                                  
|                       |  |                                                             
|                       |  | Robert S. Prather, Jr.
President and Chief Executive Officer

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

In connection with the accompanying Transition Report on Form 10-Q of Bull Run
Corporation (the Company) for the period July 1, 2002 to August 31, 2002 (the
Transition Report), I,
Frederick J. Erickson, Vice President  Finance and Chief Financial Officer of
the Company, hereby certify pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Transition
Report fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that the information contained in the
Transition Report fairly presents, in all material respects, the financial
condition and results of operations of the Company.

|                       |  |                                                                           
|---------------------- |  | --------------------------------------------------------------------------
|Date: November 8, 2002 |  | /s/ FREDERICK J. ERICKSON                                                 
|                       |  |                                                                           
|                       |  | Frederick J. Erickson
Vice President  Finance and Chief Financial Officer

26
I 

109TH CONGRESS 

2D SESSION S. 3759 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 5, 2006 

Referred to the Committee on Armed Services 

AN ACT 

To name the Armed Forces Readiness Center in Great Falls, 

Montana, in honor of Captain William Wylie Galt, a 

recipient of the Congressional Medal of Honor. 

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

2 

S 3759 RFH 

1 SECTION 1. NAMING OF ARMED FORCES READINESS CEN2 TER IN GREAT FALLS, MONTANA, IN HONOR 

3 OF CAPTAIN WILLIAM WYLIE GALT, A RECIPI4 ENT OF THE CONGRESSIONAL MEDAL OF 

5 HONOR. 

6 The Armed Forces Readiness Center in Great Falls, 

7 Montana, shall be known and designated as the ‘‘Captain 

8 William Wylie Galt Great Falls Armed Forces Readiness 

9 Center’’. Any reference in a law, map, regulation, docu10 ment, paper, or other record of the United States to such 

11 facility shall be deemed to be a reference to the Captain 

12 William Wylie Galt Great Falls Armed Forces Readiness 

13 Center. 

Passed the Senate November 16, 2006. 

Attest: EMILY J. REYNOLDS, 

Secretary.