alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### IRVINE v. LUCKENBACH STEAMSHIP CO., Inc., et al.

District Court, S. D. New York.

March 20, 1946.

Cary & Mullane, of New York City, for plaintiff.

Haight, Griffin, Deming & Gardner, of New York City (Harold S. Deming and Edgar R. Kraetzer, both of New York City, of counsel), for defendants.

CAFFEY, District Judge.

The last pleading (an answer) was served February 13, 1946. The last day for requiring a jury trial (10 days after service *128of the demand) was February 23 (Rule 38 (b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c). The demand was served March 7, which was twelve days late.

I think Rule 39(b), conferring on the court authority to relieve defaults does not, under Rules 5(d) and 38(b) and (d), apply on the facts here. On the contrary, I feel that the right to a jury trial has been-waived.

The delay was twelve days. One of plaintiff’s attorneys was ill from February 13 to February 25. In other words, he was in care of a physician two days (February 23 to February 25) following expiration of the period during which the demand properly could have been served.

Assuming that the plaintiff was excusable while one of his attorneys was in care of a doctor, nevertheless he was in default ten days after the end of the sickness. I discover no explanation of this delay or even an attempt to explain it.

Moreover, no adequate reason has been assigned for the failure of some one other than the ill lawyer to see after serving the demand.

I think the conclusion I have reached is supported by the last paragraph of Milstein v. Edward Small Productions, Inc., D.C., S.D.N.Y., 3 F.R.D. 45, and by a number of other decisions cited in the defendants’ brief.

Motion denied. Settle order on two days’ notice.
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 Quarterly Report of Arête Industries, Inc. (the "Company") on Form 10-Q for the period ending March 31, 2010, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Charles L. Gamber, 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 result of operations of the Company.














March 4, 2011
By:
/s/ Charles L. GamberCharles L.Gamber, Chief Executive Officer


A signed original of this written statement required by Section 906 has been provided to Arête Industries, Inc. and will be retained by the Company and furnished to the Securities and Exchange Commission or its staff upon request
<PAGE>

                                                                    EXHIBIT 99.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Randall L. Herrel, Sr., in my capacity as Chairman, President and Chief
Executive Officer of Ashworth, Inc. (the "Registrant"), do hereby certify in
accordance with 18 U.S.C. 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

         (1) the Quarterly Report of the Registrant, on Form 10-Q for the
quarter ended January 31, 2003 to which this certification is attached as an
exhibit (the "Report"), fully complies with the requirements of Section 13(a) or
Section 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
Registrant.

Dated: March 17, 2003         /s/ Randall L. Herrel, Sr.
                              Randall L. Herrel, Sr.,
                              Chairman, President and Chief Executive Officer
#### Jackie Jermaine BARTLETT, Petitioner-Appellant, v. Daniel A. BRAXTON, Respondent-Appellee.

No. 06-7146.

United States Court of Appeals, Fourth Circuit.

Submitted: Sept. 29, 2006.

Decided: Nov. 1, 2006.

Jackie Jermaine Bartlett, Appellant Pro Se.

Before MICHAEL, MOTZ, and DUNCAN, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

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

PER CURIAM:

Jackie Jermaine Bartlett seeks to appeal the district court’s order dismissing as untimely his 28 U.S.C. § 2254 (2000) petition. The order is not appealable unless a circuit justice or judge issues a certificate of ap*306pealability. 28 U.S.C. § 2253(c)(1) (2000). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2000). A prisoner satisfies this standard by demonstrating that reasonable jurists would find that any assessment of the constitutional claims by the district court is debatable or wrong and that any dispositive procedural ruling by the district court is likewise debatable. *Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003); *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *Rose v. Lee,*252 F.3d 676, 683-84 (4th Cir.2001). We have independently reviewed the record and conclude that Bartlett has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. 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.

*DISMISSED.*
#### Janice V. BROWN, Widow of Bobby Brown, Petitioner, v. PERFORMANCE COAL COMPANY; Director, Office of Workers’ Compensation Programs, Respondents.

No. 08-2084.

United States Court of Appeals, Fourth Circuit.

Submitted: April 15, 2009.

Decided: May 5, 2009.

S.F. Raymond Smith, Juliet Rundle *&*Associates, Pineville, West Virginia, for Petitioner. Douglas A. Smoot, Kathy L. Snyder, Jackson Kelly PLLC, Morgan-town, West Virginia, for Respondent Performance Coal Company.

Before MOTZ, GREGORY, and SHEDD, Circuit Judges.

Petition denied by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Janice Brown, survivor of Bobby Brown, deceased, seeks review of the Benefits Review Board’s decision and order affirming the administrative law judge’s denial of black lung benefits pursuant to 30 U.S.C. §§ 901-945 (2006). Our review of the record discloses that the Board’s decision is based upon substantial evidence and is ■without reversible error. Accordingly, we *168deny the petition for review for the reasons stated by the Board. *Brown v. Performance Coal Co.,*No. 07-0978-BLA (B.R.B. Aug. 29, 2008). 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.*
#### Racepoint Partners, LLC, et al., Appellants, v JPMorgan Chase Bank, N.A., Respondent.

Submitted December 7, 2009;

decided December 15, 2009

Reported below, 57 AD3d 378.

Motion by American Bankers Association for leave to file a brief amicus curiae on the appeal herein granted and the proposed brief is accepted as filed. Two copies of the brief must be served and 24 copies filed within seven days.
##### 



CERTIFICATION PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002
  1.
    
    The Report fully complies with the requirements of section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended; and2.
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.
 /s/ Thomas P. RichardsThomas P. RichardsChairman, President and Chief Executive Officer /s/ David W. WehlmannDavid W. WehlmannExecutive Vice President and Chief Financial Officer
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 103 Engrossed in Senate (ES)]

109th CONGRESS
  2d Session
S. CON. RES. 103

_______________________________________________________________________

                         CONCURRENT RESOLUTION

    Resolved by the Senate (the House of Representatives concurring), 
That in the enrollment of the bill H.R. 889, the Clerk of the House of 
Representatives shall make the following corrections:
            (1) In the table of contents in section 2, strike the item 
        relating to section 414 and insert the following:

``Sec. 414. Navigational safety of certain facilities.''.
            (2) Strike section 414 and insert the following:

``SEC. 414. NAVIGATIONAL SAFETY OF CERTAIN FACILITIES.

    ``(a) Consideration of Alternatives.--In reviewing a lease, 
easement, or right-of-way for an offshore wind energy facility in 
Nantucket Sound under section 8(p) of the Outer Continental Shelf Lands 
Act (43 U.S.C. 1337(p)), not later than 60 days before the date 
established by the Secretary of the Interior for publication of a draft 
environmental impact statement, the Commandant of the Coast Guard shall 
specify the reasonable terms and conditions the Commandant determines 
to be necessary to provide for navigational safety with respect to the 
proposed lease, easement, or right-of-way and each alternative to the 
proposed lease, easement, or right-of-way considered by the Secretary.
    ``(b) Inclusion of Necessary Terms and Conditions.--In granting a 
lease, easement, or right-of-way for an offshore wind energy facility 
in Nantucket Sound under section 8(p) of the Outer Continental Shelf 
Lands Act (43 U.S.C. 1337(p)), the Secretary shall incorporate in the 
lease, easement, or right-of-way reasonable terms and conditions the 
Commandant determines to be necessary to provide for navigational 
safety.''.

            Passed the Senate June 22, 2006.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                            S. CON. RES. 103

_______________________________________________________________________

                         CONCURRENT RESOLUTION

             To correct the enrollment of the bill H.R. 889
```
II 

109TH CONGRESS 

1ST SESSION S. 892 

To designate the facility of the United States Postal Service located at 

321 Montgomery Road in Altamonte Springs, Florida, as the ‘‘Arthur 

Stacey Mastrapa Post Office Building’’. 

IN THE SENATE OF THE UNITED STATES 

APRIL 22, 2005 

Mr. NELSON of Florida introduced the following bill; which was read twice and 

referred to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To designate the facility of the United States Postal Service 

located at 321 Montgomery Road in Altamonte Springs, 

Florida, as the ‘‘Arthur Stacey Mastrapa Post Office 

Building’’. 

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

3 SECTION 1. ARTHUR STACEY MASTRAPA POST OFFICE 

4 BUILDING. 

5 (a) DESIGNATION.—The facility of the United States 

6 Postal Service located at 321 Montgomery Road in 

7 Altamonte Springs, Florida, shall be known and des-
2 

•S 892 IS

1 ignated as the ‘‘Arthur Stacey Mastrapa Post Office 

2 Building’’. 

3 (b) REFERENCES.—Any reference in a law, map, reg4 ulation, document, paper, or other record of the United 

5 States to the facility referred to in subsection (a) shall 

6 be deemed to be a reference to the Arthur Stacey 

7 Mastrapa Post Office Building. 

Æ
##### 



Exhibit 32.1 Written Statement of Chairman and Chief Executive Officer
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350) The undersigned, the Chairman and Chief Executive Officer of Orbital Sciences Corporation (the
Company), hereby certifies that, to his knowledge, on the date hereof:  (a)
    
    the Quarterly Report on Form 10-Q of the Company for the Quarter Ended June 30,
2005 filed on the date hereof with the Securities and Exchange Commission (the
Report) fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and(b)
    
    information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company. /s/ David W. ThompsonDavid W. ThompsonChairman and Chief Executive OfficerJuly 25, 2005
 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.
T E X A S C O U R T O F A P P E A L S , T H I R D D I S T R I C T , A T A U S T I N NO. 03-15-00493- CV In re Joshua E arly ORI GINAL P ROCEEDI NG F ROM TRAVIS CO UNTY M E M O R A N D U M O P I N I O N The petition for writ of mandamus and prohibi t i o n is denied. See Tex. R. App. P. 52.8(a) .

__________________________________________ Scott K. Field, Just ice Be fore Chief J ustice Rose, Jus tices Pemberton a nd Field Filed: Aug ust 14, 2015
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 2 Agreed to Senate (ATS)]

109th CONGRESS
  1st Session
S. CON. RES. 2

 To extend the life of the Joint Congressional Committee on Inaugural 
Ceremonies and the provisions of S. Con. Res. 93 and S. Con. Res. 94 of 
                    the One Hundred Eighth Congress.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 4, 2005

 Mr. Frist (for himself, Mr. Reid, Mr. Lott, and Mr. Dodd) submitted 
        the following concurrent resolution; which was considered and 
        agreed toYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
 To extend the life of the Joint Congressional Committee on Inaugural 
Ceremonies and the provisions of S. Con. Res. 93 and S. Con. Res. 94 of 
                    the One Hundred Eighth Congress.

    Resolved by the Senate (the House of Representatives concurring), 
That effective from January 3, 2005, the joint committee created by 
Senate Concurrent Resolution 94 (108th Congress), to make the necessary 
arrangements for the inauguration, is hereby continued with the same 
power and authority provided for in that resolution.
    Sec. 2. Effective from January 4, 2005, the provisions of Senate 
Concurrent Resolution 93 (108th Congress), to authorize the rotunda of 
the United States Capitol to be used in connection with the proceedings 
and ceremonies for the inauguration of the President-elect and the Vice 
President-elect of the United States, are continued with the same power 
and authority provided for in that resolution.
                                 <all>
```
Exhibit 31.3

CERTIFICATION BY THE

CHIEF EXECUTIVE OFFICER PURSUANT TO

17 CFR 240.13a-14(a)/15d-14(a),

AS ADOPTED PURSUANT TO

SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, William J. Lynch, Jr., certify that:



| | 1. | I have reviewed this report on Form 10-K/A of Barnes & Noble, 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.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Date: August 26, 2011



|    |  |                                             
|--- |  | --------------------------------------------
|By: |  | /s/ William J. Lynch, Jr.                   
|    |  | William J. Lynch, Jr.                       
|    |  | Chief Executive Officer Barnes & Noble, Inc.
109TH CONGRESS

1ST SESSION S. CON. RES. 26

CONCURRENT RESOLUTION

Whereas on September 11, 2001, acts of war involving the

hijacking of commercial airplanes were committed against

the United States, killing and injuring thousands of innocent people;

Whereas 1 of the hijacked planes, United Airlines Flight 93,

crashed in a field in Pennsylvania;

Whereas while Flight 93 was still in the air, the passengers

and crew, through cellular phone conversations with loved

ones on the ground, learned that other hijacked airplanes

had been used to attack the United States;

Whereas during those phone conversations, several of the passengers indicated that there was an agreement among the

passengers and crew to try to overpower the hijackers

who had taken over Flight 93;

Whereas Congress established the National Commission on

Terrorist Attacks Upon the United States (commonly referred to as ‘‘the 9–11 Commission’’) to study the September 11, 2001, attacks and how they occurred;

Whereas the 9–11 Commission concluded that ‘‘the nation

owes a debt to the passengers of Flight 93. Their actions

saved the lives of countless others, and may have saved

either the U.S. Capitol or the White House from destruction.’’; and
 †

2

SCON 26 ES

Whereas the crash of Flight 93 resulted in the death of everyone on board: Now, therefore, be it

1 Resolved by the Senate (the House of Representatives

2 concurring), That

3 (1) the United States owes the passengers and

4 crew of United Airlines Flight 93 deep respect and

5 gratitude for their decisive actions and efforts of

6 bravery;

7 (2) the United States extends its condolences to

8 the families and friends of the passengers and crew

9 of Flight 93;

10 (3) not later than October 1, 2006, the Speaker

11 of the House of Representatives, the minority leader

12 of the House of Representatives, the majority leader

13 of the Senate, the minority leader of the Senate, the

14 Chairman and the Ranking Member of the Com15 mittee on Rules and Administration of the Senate,

16 and the Chairman and the Ranking Member of the

17 Committee on Transportation and Infrastructure of

18 the House of Representatives shall select an appro19 priate memorial that shall be located in the United

20 States Capitol and that shall honor the passengers

21 and crew of Flight 93, who saved the United States

22 Capitol from destruction; and
†

3

SCON 26 ES

1 (4) the memorial shall state the purpose of the

2 honor and the names of the passengers and crew of

3 Flight 93 on whom the honor is bestowed.

Passed the Senate July 18, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. CON. RES. 26

CONCURRENT RESOLUTION

Honoring and memorializing the passengers and

crew of United Airlines Flight 93.
#### STRAIGHT THROUGH PROCESSING INC., an Antigua and Barbuda corporation, Plaintiff—Appellee, v. AMERICERT INC., a Washington corporation, Defendant—Appellant.

No. 08-35041.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted May 7, 2009.

Filed May 14, 2009.

Axios Law Group, Seattle, WA, for Plaintiff-Appellee.

Kristin G. Olson, Esq., O’Shea, Barnard & Martin Skyline Tower, Robert S. Wolfe, Esq. Bellevue, WA, Robert Wolfe Associates, Lynnfield, MA, for Defendant-Appellant.

Before: WARDLAW, PAEZ, and N.R. SMITH, Circuit Judges.

MEMORANDUM *

AmeriCERT Inc. appeals the district court’s denial of its motion to amend judgment under Rule 59(e) of the Federal Rules of Civil Procedure. AmeriCERT sought to amend the judgment to receive possession of various hardware and soft*591ware that was purchased in its name by Straight Through Processing (“STP”). We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm. .

Because specific grounds for a motion to amend or alter are not listed in Rule 59(e), the district court enjoys considerable discretion in granting or denying a motion. *See Turner v. Burlington N. Santa Fe R.R. Co.,*338 F.3d 1058, 1063 (9th Cir.2003) (citations omitted). “There are four grounds upon which a Rule 59(e) motion may be granted: 1) the motion is necessary to correct manifest errors of law or fact upon which the judgment is based; 2) the moving party presents newly discovered or previously unavailable evidence; 3) the motion is necessary to prevent manifest injustice; or 4) there is an intervening change in controlling law.” *Id.*(emphasis, citations, and internal quotation marks omitted). The district court did not abuse its discretion in denying the motion, because 1) AmeriCERT sought to amend the judgment to raise an argument that could reasonably have been raised earlier in the litigation; 2) no newly discovered evidence was presented by AmeriCERT; and 3) manifest injustice would not occur by denying the motion. Further, the proposed amendment would contradict the finding by the jury that STP had not converted AmeriCERT’s property.

AFFIRMED.

*

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Exhibit 32.2

CERTIFICATION OF CHIEF FINANCIAL OFFICER  (pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.§1350))

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. §1350), the undersigned, Gordon Link, Senior Vice President and Chief
Financial Officer of Tapestry Pharmaceuticals, Inc. (the "Company") does hereby certify, to his knowledge, that:



Date:
May 5, 2004

| |  | /s/GORDON LINKGordon Link
Senior Vice President and
Chief Financial Officer |  | 
| |  | --------------------------------------------------------------------------- |  | 

A
signed original of this written statement required by Section 906 has been provided to Tapestry Pharmaceuticals, Inc. and will be retained by Tapestry Pharmaceuticals, Inc. and
furnished to the Securities and Exchange Commission or its staff upon request. This certification "accompanies" the Form 10-K/A (Amendment No. 1) to which it relates, is not deemed filed with
the SEC and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before
or after the date of the Form 10-K/A (Amendment No. 1)), irrespective of any general incorporation language contained in such filing.



QuickLinks
##### 



Exhibit 32.2
 Written Statement of Vice Chairman and Chief Financial Officer
Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C. Section 1350)
  (a)
    
    the Quarterly Report on Form 10-Q of the Company for the Quarter Ended
September 30, 2006 filed on the date hereof with the Securities and Exchange Commission
(the Report) fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934; and(b)
    
    information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the Company.
 /s/ Garrett E. PierceGarrett E. PierceVice Chairman and Chief Financial OfficerNovember 14, 2006