alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
- 1

-

No. 98 SSM 20 La Nona Jean Salinas, Appellant, v. World Houseware Producing Co., Ltd., et al., Respondents.

Submitted by Robert Clore, for appellant. Submitted by Thomas P. Lynch, for respondent World Houseware Producing Co., Ltd. Submitted by Theresa C. Villani, for respondent Josie Accessories, Inc. Submitted by Adam C. Calvert, for respondent Dolgencorp of Texas, Inc.

MEMORANDUM : The order of the Appellate Division should be reversed, with costs, and the case
remitted to Su preme Court for further proceedings in accordance with this memorandum.- 2

- No. SSM 20

- 2

- The courts below erred in granting defendants’ motions for summary judgment on the basis that plaintiff failed to raise a triable issue of fact sufficient to defeat the motions.
Althou gh the plaintiff’s deposition testimony partially contradicted the factual conclusions reached by her expert witnesses, the expert opinions were based upon other record evidence and were neither speculative nor conclusory. Insofar as plaintiff raised genu ine issues of fact on the element of causation, summary judgment should not have been granted on that ground ( see Vega v Restani Constr. Corp. , 18 NY3d 499, 503 [2012]; see generally Skelka v Metropolitan Tr. Auth. , 76 AD2d 492, 497

- 498 [2d Dept 1980], lv denied 51 NY2d 709 [1980] & lv dismissed 51 NY2d 1008 [1980]). We remit for Supreme Court to consider the alternative grounds for summary judgment defendants raised in their motions and neither Supreme Court nor the Appellate Division reached.

* * * * * * * * * * * * * * * * * On review of submissions pursuant to section 500.11 of the Rules, order reversed, with costs, and case remitted to Supreme Court, New York County, for further proceedings in accordance with the memora ndum herein. Judges Rivera, Stein, Fahey and Wilson concur. Chief Judge DiFiore and Judges Garcia and Feinman dissent and vote to affirm for reasons stated in the Appellate Division memorandum decision ( Salinas v World Houseware Producing Co., Ltd. , 166 AD3d 493 [1st Dept 2018]).
Decided September 12, 2019
**EXHIBIT 31.1****CERTIFICATIONS**I, Henry R. Mandell certify that:1. I have reviewed this annual report on Form 10-K of Spatializer Audio Laboratories, Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material fact oromit to state a material fact necessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respect to the period covered by thisreport;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results of operationsand cash flows of the registrant as of, and for, the periods presented in this report;4. The registrant’s other certifying officer(s) and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relating tothe registrant, including its consolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this report is being prepared;b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures and presentedin this report our conclusions about the effectiveness of the disclosure controls and procedures,as of the end of the period covered by this report based on such evaluation; andc) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’s fourthfiscal quarter in the case of an annual report) that has materially affected, or is reasonablylikely to materially affect, the registrant’s internal control over financial reporting; and5. The registrant’s other certifying officer(s) and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing the equivalent functions):a) All significant deficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; andb) Any fraud, whether or not material, that involves management or other employees who have asignificant role in the registrant’s internal control over financial reporting.     Date: March 27, 2008      /s/ Henry R. Mandell    Henry R. Mandell    Chairman of the Board and Secretary  
42
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  SUMMARY  FINANCIAL   INFORMATION  EXTRACTED  FROM  THE
QUARTERLY  REPORT ON FORM  10-QSB  FOR  FIRSTMARK  CORP.  FOR THE  PERIOD  ENDED
SEPTEMBER  30,  1999 AND IS  QUALIFIED  IN ITS  ENTIRETY  BY  REFERENCE  TO SUCH
FINANCIAL STATEMENTS.
</LEGEND>

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                              DEC-30-1999
<PERIOD-END>                                   SEP-30-1999
<CASH>                                           4,619,928
<SECURITIES>                                        98,287
<RECEIVABLES>                                            0
<ALLOWANCES>                                             0
<INVENTORY>                                              0
<CURRENT-ASSETS>                                         0
<PP&E>                                              19,126
<DEPRECIATION>                                       9,423
<TOTAL-ASSETS>                                   6,031,645
<CURRENT-LIABILITIES>                                    0
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                         10,700
<COMMON>                                         1,100,286
<OTHER-SE>                                       4,442,085
<TOTAL-LIABILITY-AND-EQUITY>                     6,031,645
<SALES>                                                  0
<TOTAL-REVENUES>                                   148,068
<CGS>                                                    0
<TOTAL-COSTS>                                            0
<OTHER-EXPENSES>                                 1,010,885
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                   8,995
<INCOME-PRETAX>                                   (871,812)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                               (871,812)
<DISCONTINUED>                                      75,478
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                      (796,334)
<EPS-BASIC>                                         0.18
<EPS-DILUTED>                                         0.18



</TABLE>
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
unaudited condensed statements of assets, liabilities and trust corpus of San
Juan Basin Royalty Trust as of September 30, 1995, and the related condensed
statements of distributable income and changes in trust corpus for the
three-month period ended September 30, 1995.
</LEGEND>
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1995
<PERIOD-END>                               SEP-30-1995
<CASH>                                       1,047,906
<SECURITIES>                                         0
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             1,047,906
<PP&E>                                     133,275,528
<DEPRECIATION>                              62,448,198
<TOTAL-ASSETS>                              71,875,236
<CURRENT-LIABILITIES>                        1,047,906
<BONDS>                                              0
<COMMON>                                             0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<OTHER-SE>                                  70,827,330
<TOTAL-LIABILITY-AND-EQUITY>                71,875,236
<SALES>                                              0
<TOTAL-REVENUES>                             3,551,665
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               219,876
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                              3,331,789
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                          3,331,789
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 3,331,789
<EPS-PRIMARY>                                        0
<EPS-DILUTED>                                        0
        

</TABLE>
Exhibit 10.iii.

**DESCRIPTION OF CERTAIN SEVERANCE BENEFITS FORJOHN J. FERGUSON**

In connection with the resignation of John J. Ferguson as President and Chief Operating Officer of the Company effective September 23, 2003, the following awards under the Company's 1988 Stock Option and Award Plan will vest on the scheduled vesting datesnotwithstanding such resignation:  (a) 10,000 shares of restricted common stock scheduled to vest on January 2, 2004; (b) nonqualifed employee stock options to purchase up to 66,667 shares of common stock at $13.08 per share scheduled to vest on March 4, 2004;and (c) nonqualifed employee stock options to purchase up to 36,666 shares of common stock at a price $10.76 per share scheduled to vest on January 2, 2004.

 

*Return to IMC Global Inc. Form10-Q*
II 

109TH CONGRESS 

1ST SESSION S. 698

To suspend temporarily the duty on methacrylamido etheleneurae monomer. 

IN THE SENATE OF THE UNITED STATES 

APRIL 5, 2005

Mr. LAUTENBERG introduced the following bill; which was read twice and 

referred to the Committee on Finance 

A BILL

To suspend temporarily the duty on methacrylamido 

etheleneurae monomer.

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

3 SECTION 1. METHACRYLAMIDO ETHELENEURAE MON4 OMER. 

5 (a) IN GENERAL.—Subchapter II of chapter 99 of 

6 the Harmonized Tariff Schedule of the United States is 

7 amended by inserting in numerical sequence the following 

8 new heading:
2

•S 698 IS 

‘‘ 9902.06.03 Mixtures of N-[2-(2-Oxo-1-

imidazolidinyl)ethyl]methacrylamide (CAS 

No. 3089–19–8), methacrylic acid (CAS No. 79–

41–4), and water (CAS No. 

7732–18–5) (provided for in 

subheading 3824.90.91) ...... Free No change No change On or before 

12/31/2007 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies to articles entered, or withdrawn 

3 from warehouse for consumption, on or after the 15th day 

4 after the date of the enactment of this Act.

Æ
<PAGE>

                                                                   Exhibit 10.71

                         UNITED STATES BANKRUPTCY COURT
                              DISTRICT OF DELAWARE

In re:                                  :
                                        :   Jointly Administered
BORDEN CHEMICALS AND                    :   Case No. 01-1268 (PJW)
PLASTICS OPERATING LIMITED              :
PARTNERSHIP, a Delaware limited         :
partnership, et al.,                    :
                                        :   Chapter 11
                       Debtors.         :


                    ORDER APPROVING ENVIRONMENTAL SETTLEMENT
                AGREEMENTS BETWEEN DEBTORS, BCP MANAGEMENT, INC.;
               BORDEN CHEMICAL, INC.; THE UNITED STATES DEPARTMENT
              OF JUSTICE ON BEHALF OF THE ENVIRONMENTAL PROTECTION
              AGENCY; AND THE LOUISIANA DEPARTMENT OF ENVIRONMENTAL
           QUALITY PURSUANT TO BANKRUPTCY RULE 9019 [DOCKET NO. 1112]

          This matter coming before the Court on the Motion of Debtors and
Debtors in Possession for Approval of Environmental Settlement Agreements with
BCP Management, Inc.; Borden Chemical, Inc.; United States Department Of Justice
On Behalf Of The Environmental Protection Agency; and Louisiana Department Of
Environmental Quality Pursuant to Bankruptcy Rule 9019 (the "Motion"); the Court
having reviewed the Motion and all papers related thereto; the Court having
heard the statements of counsel regarding the relief requested in the Motion at
a hearing before the Court (the "Hearing"); the Court finding that (a) the Court
has jurisdiction over this matter pursuant to 28 U.S.C. Sections 157 and 1334,
(b) this is a core proceeding pursuant to 28 U.S.C. Section 157(b)(2), and (c)
notice of the Motion and Hearing was adequate under the circumstances; and the
Court having determined that the legal and factual bases set forth in the Motion
establish just cause for the relief granted herein;

          IT IS HEREBY ORDERED THAT:

          1.   The Motion is GRANTED.

<PAGE>

          2.   Capitalized terms not otherwise defined herein have the meanings
given to them in the Motion.

          3.   The Environmental Settlement Agreements are hereby authorized and
approved under Bankruptcy Rule 9019.

          4.   The Debtors are hereby authorized and directed to enter into and
satisfy the terms of the Environmental Settlement Agreements, including without
limitation to execute, deliver, implement and fully perform any and all
obligations, instruments, documents and papers and to take any and all actions
reasonably necessary or appropriate to consummate the Environmental Settlement
Agreements and perform any and all obligations contemplated therein.


Dated: ___________, 2002
                                        -------------------------------------
       Wilmington, Delaware             UNITED STATES BANKRUPTCY JUDGE
II 

109TH CONGRESS 

1ST SESSION S. 878 

To amend the Outer Continental Shelf Lands Act to permanently prohibit 

the conduct of offshore drilling on the outer Continental Shelf in the 

Mid-Atlantic and North Atlantic planning areas. 

IN THE SENATE OF THE UNITED STATES 

APRIL 21, 2005 

Mr. CORZINE (for himself and Mr. LAUTENBERG) introduced the following 

bill; which was read twice and referred to the Committee on Energy and 

Natural Resources 

A BILL 

To amend the Outer Continental Shelf Lands Act to permanently prohibit the conduct of offshore drilling on the 

outer Continental Shelf in the Mid-Atlantic and North 

Atlantic planning areas. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Clean Ocean and Safe 

5 Tourism Anti-Drilling Act’’ or the ‘‘COAST Anti-Drilling 

6 Act’’. 
2 

•S 878 IS

1 SEC. 2. PROHIBITION OF OIL AND GAS LEASING IN CER2 TAIN AREAS OF THE OUTER CONTINENTAL 

3 SHELF. 

4 Section 8 of the Outer Continental Shelf Lands Act 

5 (43 U.S.C. 1337) is amended by adding at the end the 

6 following: 

7 ‘‘(p) PROHIBITION OF OIL AND GAS LEASING IN

8 CERTAIN AREAS OF THE OUTER CONTINENTAL SHELF.— 

9 Notwithstanding any other provision of this section or any 

10 other law, the Secretary of the Interior shall not issue a 

11 lease for the exploration, development, or production of 

12 oil, natural gas, or any other mineral in— 

13 ‘‘(1) the Mid-Atlantic planning area; or 

14 ‘‘(2) the North Atlantic planning area.’’. 

Æ
#### Steven LEE, Petitioner-Appellant, v. Mike EVANS, Respondent-Appellee.

No. 07-56185.

United States Court of Appeals, Ninth Circuit.

Submitted May 12, 2009.*

Filed May 21, 2009.

Steven Lee, Soledad, CA, pro se.

Robert David Breton, Esquire, AGCA-Office of the California Attorney General, Los Angeles, CA, for Respondent-Appel-lee.

Before: PREGERSON, CANBY, and BERZON, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

California state prisoner Steven Lee appeals pro se from the district court’s judgment denying his habeas petition under 28 U.S.C. § 2254. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

Lee contends that the the trial court’s inclusion of extraneous documents with the written jury instructions deprived him of his constitutional right to due process. We conclude that the state court’s determination that there is no evidence that the documents were given to the jury was not based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. *See*28 U.S.C. § 2254(d)(2), (e)(1); *Gonzalez v. Duncan,*551 F.3d 875, 879 (9th Cir.2008).

Lee also contends that the trial court violated his right to due process by allowing the state to amend the information to add additional allegations of prior-strike convictions. There is no clearly established U.S. Supreme Court authority supporting Lee’s claim of error. *See*28 U.S.C. § 2254(d)(1); *Apprendi v. New Jersey,*530 U.S. 466, 490, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000); *Davis v. Woodford,*446 F.3d 957, 963 (9th Cir.2006).

AFFIRMED.

**

 This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
[Federal Register Volume 74, Number 100 (Wednesday, May 27, 2009)]
[Notices]
[Pages 25248-25249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12235]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute of General Medical Sciences; Notice of Closed 
Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as 
amended (5 U.S.C. App.), notice is hereby given of the following 
meeting.
    The meeting will be closed to the public in accordance with the

[[Page 25249]]

provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 
U.S.C., as amended. The grant applications and the discussions could 
disclose confidential trade secrets or commercial property such as 
patentable material, and personal information concerning individuals 
associated with the grant applications, the disclosure of which would 
constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of General Medical 
Sciences Special Emphasis Panel ARRA Grant Review.
    Date: June 1, 2009.
    Time: 1 p.m. to 2 p.m.
    Agenda: To review and evaluate grant applications.
    Place: National Institutes of Health, Natcher Building, Room 
3AN18, 45 Center Drive, Bethesda, MD 20892. (Telephone Conference 
Call)
    Contact Person: Brian R. Pike, PhD, Scientific Review Officer, 
Office of Scientific Review, National Institute of General Medical 
Sciences, National Institutes of Health, 45 Center Drive, Room 
3AN18, Bethesda, MD 20892, 301-594-3907, <a href="/cdn-cgi/l/email-protection#1161787a7363517c70787d3f7f78793f767e67"><span class="__cf_email__" data-cfemail="c6b6afada4b486aba7afaae8a8afaee8a1a9b0">[email protected]</span></a>.
    This notice is being published less than 15 days prior to the 
meeting due to the timing limitations imposed by the review and 
funding cycle.

(Catalogue of Federal Domestic Assistance Program Nos. 93.375, 
Minority Biomedical Research Support; 93.821, Cell Biology and 
Biophysics Research; 93.859, Pharmacology, Physiology, and 
Biological Chemistry Research; 93.862, Genetics and Developmental 
Biology Research; 93.88, Minority Access to Research Careers; 93.96, 
Special Minority Initiatives; 93.701, ARRA Related Biomedical 
Research and Research Support Awards., National Institutes of 
Health, HHS)

    Dated: May 18, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-12235 Filed 5-26-09; 8:45 am]
BILLING CODE 4140-01-M


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**Exhibit 32.1**

 

**CERTIFICATION OF CHIEF EXECUTIVE OFFICER ANDCHIEF FINANCIAL OFFICERPURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

I, Carlton H. Baab, certify, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, thatthe Quarterly Report of Raining Data Corporation on Form 10-QSB for thequarterly period ended September 30, 2004 fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934 and that information contained in such Form 10-QSB fairly presents inall material respects the financial condition and results of operations ofRaining Data Corporation.

 

 
|   | By:    | /s/ Carlton H. Baab                   |   |
|--------|--------|---------------------------------------|--------|
|   | Name:  | Carlton H. Baab                       |
|   | Title: | President and Chief Executive Officer |

 

I, Brian C. Bezdek, certify, pursuant to 18 U.S.C. Section 1350,as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, thatthe Quarterly Report of Raining Data Corporation on Form 10-QSB for thequarterly period ended September 30, 2004 fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934 and that information contained in such Form 10-QSB fairly presents inall material respects the financial condition and results of operations ofRaining Data Corporation.

 

 
|   | By:    | /s/ Brian C. Bezdek     |   |
|--------|--------|-------------------------|--------|
|   | Name:  | Brian C. Bezdek         |
|   | Title: | Chief Financial Officer |

 

----