alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Anthony Cancilla et al., Appellants, v Irma Vukosa et al., Respondents.

[976 NYS2d 413]

In an action to recover damages for personal injuries, etc., the plaintiff Anthony Cancilla appeals, as limited by his brief, from so much of an order of the Supreme Court, Kings County (Schmidt, J.), dated January 23, 2013, as granted the defendants’ cross motion to vacate a default judgment of the same

*663court entered March 14, 2012, which was in his favor and against them in the principal sum of $175,000, and the plaintiff Phyllis Cancilla appeals from the same order.

Ordered that the appeal by the plaintiff Phyllis Cancilla is dismissed as abandoned, without costs or disbursements, for failure to perfect the same in accordance with the rules of this Court (see 22 NYCRR 670.8 [c], [e]); and it is further,

Ordered that the order is affirmed insofar as appealed from by the plaintiff Anthony Cancilla, without costs or disbursements.

The summons and complaint were served upon the defendants by “nail and mail” service (see CPLR 308 [4]). However, as the Supreme Court correctly determined, this service was ineffective as the plaintiffs failed to exercise the requisite due diligence in first attempting to serve the defendants pursuant to CPLR 308 (1) or (2) *(see Moran v Harting,*212 AD2d 517, 518 [1995]; *Walker v Manning,*209 AD2d 691, 692 [1994]; *McNeely v Harrison,*208 AD2d 909, 910 [1994]).

Accordingly, the defendants’ cross motion to vacate the default judgment against them was properly granted. Skelos, J.E, Dickerson, Lott and Austin, JJ., concur. [Prior Case History: 38 Misc 3d 1217.]
##### 



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 March
31, 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 OfficerApril 26, 2006
Leothis West, Plaintiff,


### v. Timothy Gaithes, Defendant. UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) Civil Action No.

MEMORANDUM OPINION 

# FILED DEC 1

## 0 2010 Clerk. U.S. District & Bankruptcy Courts for the District of Columbia 

# 102U96

This matter is before the Court on its initial review ofplaintiffs pro se complaint and application for leave to proceed informapauperis. The Court will grant the informapauperis application and dismiss the case because the complaint fails to meet the minimal pleading requirements ofRule 8(a) ofthe Federal Rules ofCivil Procedure. Pro se litigants must comply with the Federal Rules ofCivil Procedure. Jarrell v. Tisch, 656 F. Supp. 237, 239 (D.D.C. 1987). Rule 8(a) ofthe Federal Rules ofCivil Procedure requires complaints to contain "(1) a short and plain statement ofthe grounds for the court'sjurisdiction [and] (2) a short and plain statement ofthe claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a); seeAshcroft v. Iqbal, 129 S.Ct. 1937, 1950 (2009); Ciralsky v. CIA, 355 F.3d 661,668-71 (D.C. Cir. 2004). The Rule 8 standard ensures that defendants receive fair notice ofthe claim being asserted so that they can prepare a responsive answer and an adequate defense and determine whether the doctrine ofresjudicata applies. Brown v. Califano, 75 F.R.D. 497,498 (D.D.C. 1977). In pleading fraud or mistake, "aparty must state with particularity the circumstances constituting fraud or mistake." Fed. R. Civ. P. 9(b).

# .. , Plaintiff, a District ofColumbiaresident, sues an individual with a District ofColumbia address for fraud. Because no facts are stated in support ofthe claim, the complaint will be dismissed. A separate Order accompanies this Memorandum Opinion.

Date: December

# L., 2010 United States District Judge

2
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 892 Introduced in Senate (IS)]

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''.

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

SECTION 1. ARTHUR STACEY MASTRAPA POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 321 Montgomery Road in Altamonte Springs, Florida, shall be 
known and designated as the ``Arthur Stacey Mastrapa Post Office 
Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the Arthur 
Stacey Mastrapa Post Office Building.
                                 <all>
```
IN THE SUPREME COURT OF THE STATE OF MONTANA

No. DA 21-0618

STATE OF MONTANA,

Plaintiff and Appellee,

v.

AUSTIN TYLER JOHNSON,

Defendant and Appellant.

ORDER

Upon consideration of Appellant’s motion for extension of time, 

and good cause appearing, 

IT IS HEREBY ORDERED that Appellant is granted an extension 

of time to and including April 25, 2023, within which to prepare, file, 

and serve Appellant’s reply brief on appeal.

No further extensions will be granted.

Electronically signed by:

Mike McGrath

Chief Justice, Montana Supreme Court

April 4 2023

04/04/2023

Case Number: DA 21-0618
EXHIBIT 32.2
 
 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 Annual Report on Form 10-K of OCTuS, Inc. (the “Company”) for the year ended December 31, 2009, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), the undersigned, George M. Ecker, Chief Financial Officer of the Company hereby certifies, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of 2002, that:
 
 (1)           The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
 
 (2)           The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
 
 
 By: /s/ GEORGE M. ECKER
 George M. Ecker
 Chief Financial Officer
 September 26, 2011
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 123 Engrossed in Senate (ES)]

  2d Session
S. CON. RES. 123

_______________________________________________________________________

                         CONCURRENT RESOLUTION

    Resolved by the Senate (the House of Representatives concurring), 
That in the enrollment of the bill H.R. 5946, the Clerk of the House 
shall make the following corrections:
            (1) In the table of contents, strike the item relating to 
        section 702 and redesignate the item relating to section 703 as 
        relating to section 702.
            (2) In title VII, strike section 702 and redesignate 
        section 703 as section 702.

            Passed the Senate December 7, 2006.

            Attest:

                                                             Secretary.
109th CONGRESS

  2d Session

                            S. CON. RES. 123

_______________________________________________________________________

                         CONCURRENT RESOLUTION

    Providing for correction to the enrollment of the bill H.R. 5946
```
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 Columbia Laboratories, Inc. (the “Company”) on Form 10-Q/A for the period ended June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Frank C. Condella, Jr., President and 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 to the best of my 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 Company.








/s/ Frank C. Condella, Jr.


Frank C. Condella, Jr.


President and Chief Executive Officer


December 28, 2010
[Federal Register Volume 74, Number 99 (Tuesday, May 26, 2009)]
[Notices]
[Page 24864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12200]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Aging; 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 
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 on Aging Special Emphasis 
Panel, ARRA REVISION I.
    Date: June 5, 2009.
    Time: 2 p.m. to 5 p.m.
    Agenda: To review and evaluate grant applications.
    Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 
Wisconsin Avenue, Bethesda, MD 20814.
    Contact Person: Bita Nakhai, PhD, Scientific Review Officer, 
Scientific Review Branch, National Institute on Aging, Gateway 
Bldg., 2C212, 7201 Wisconsin Avenue, Bethesda, MD 20814. 301-402-
7701. <a href="/cdn-cgi/l/email-protection#147a757f7c757d76547a7d753a7a7d7c3a737b62"><span class="__cf_email__" data-cfemail="4f212e24272e262d0f21262e6121262761282039">[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. 93.866, Aging 
Research; 93.701, ARRA Related Biomedical Research and Research 
Support Awards., National Institutes of Health, HHS)

    Dated: May 15, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory Committee Policy.
[FR Doc. E9-12200 Filed 5-22-09; 8:45 am]
BILLING CODE 4140-01-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
* Pursuant to 5 TH C IR . 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 5 TH C IR . R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 04-40261 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus ISIDRO GOMEZ-SALINAS, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. B-03-CR-916-ALL

-------------------- Before HIGGINBOTHAM, DAVIS, and PICKERING, Circuit Judges.
PER CURIAM: *Appealing the Judgment in a Criminal Case, Isidro GomezSalinas concedes that the arguments raised are foreclosed by circuit precedent but seeks to preserve them for further review. The Government has moved for summary affirmance in lieu of filing an appellee’s brief. The motion is GRANTED, and the judgment of the district court is AFFIRMED. United States Court of Appeals Fifth Circuit 

## F I L E D August 18, 2004 Charles R. Fulbruge III Clerk
ex10_2.htm


    Exhibit
      10.2

     

    


    Compensation
      Arrangements for Thomas G. Yetter

    November
      19, 2007 (effective January 1, 2007)

    


    


    The
      following is a summary of the compensation arrangement effective November 19,
      2007 (retroactive to January 1, 2007) for Thomas G. Yetter in his capacity
      as
      Senior Vice President and Chief Financial Officer and Director of the
      Company.

    


    Annual
      Base Salary. $222,600

    


    Annual
      and Long-Term Incentive Compensation Plans. Participation in the
      Company’s Incentive Bonus Plan, the 2005 Stock Incentive Plan and the 2005
      Executive Bonus and Restricted Stock Plan.

    


    Benefit
      Plans and Other Arrangements. Mr. Yetter is eligible to participate in
      the Company’s broad-based programs including health, disability and life
      insurance programs, the Frozen Food Express Industries, Inc. 401(k) Savings
      Plan, and the FFE Transportation Services, Inc. 401(k) Wrap Plan. He is also
      eligible to participate in the Key Employee Supplemental Medical
      Plan.

    


    Change
      in Control Agreements. Mr. Yetter and the Company entered into a Change
      in Control Agreement which entitles executive officers severance benefits in
      the
      event of a “change in control” of the Company during the term of his
      employment.

    


    Perquisites.
      Mr. Yetter is eligible to participate in certain programs offered
      by
      the Company, including automobile mileage reimbursement for business purposes
      plus a $500 per month automobile allowance, and a Christmas bonus not to exceed
      one week's annual base salary.
#### UNITED STATES of America, Plaintiff—Appellee, v. Michael K. LEWIS, Defendant—Appellant, v. Terry MASSEY; Claretta Taylor; Thurman Speight; Janet Speight; Phyllis Hubbard; Paula Gordon, Movants.

No. 09-4885.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 16, 2010.

Decided: Dec. 22, 2010.

*737See also, 2010 WL 3868378.

Booth M. Ripke, Nathans *&*Biddle, LLP, Baltimore, Maryland, for Appellant. Rod J. Rosenstein, United States Attorney, Gina L. Simms, Jonathan Su, Assistant United States Attorneys, Greenbelt, Maryland, for Appellee.

Before GREGORY and DUNCAN, Circuit Judges.*

*

 This opinion is filed by a quorum of the panel pursuant to 28 U.S.C. § 46(d).

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Michael K. Lewis appeals from his seventy-eight month sentence imposed pursuant to his guilty plea to wire and bankruptcy fraud. On appeal, Lewis asserts that his sentence was unreasonable based upon the district court’s failure to fully consider and apply the statutory sentencing factors in 18 U.S.C. § 3553(a) (2006). Finding no error, we affirm.

A sentence is reviewed for abuse of discretion with the review encompassing both procedural soundness and substantive reasonableness. *Gall v. United States,*552 U.S. 38, 51, 128 S.Ct. 586, 169 L.Ed.2d 445 (2007). The district court is not required to list every § 3553(a) factor in fashioning a sentence, *see United States v. Montes-Pineda,*445 F.3d 375, 380 (4th Cir.2006), and the record reflects that the court listened to Lewis’s arguments and properly considered both the proffered evidence and the § 3553(a) factors.

It is undisputed that Lewis’s sentence was within the properly calculated Sentencing Guidelines range. A sentence within the Guidelines range is presumptively reasonable. Applying this presumption of reasonableness to Lewis’s sentence, *see United States v. Go,*517 F.3d 216, 218 (4th Cir.2008), we conclude that Lewis cannot rebut the presumption of reasonableness and that his sentence is reasonable. *738The district court provided detailed and appropriate reasoning for its chosen sentence, and Lewis’s disagreement with the factors that the court chose to rely upon does not support a conclusion that the court abused its discretion.

Accordingly, we affirm Lewis’s sentence and deny his petition for immediate release. 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.

*AFFIRMED.*
#### The People of the State of New York, Respondent, v David Holland, Appellant.

Submitted January 3, 2011;

decided January 6, 2011

Motion for assignment of counsel granted and Steven Banks, Esq., the Legal Aid Society, 199 Water Street, New York, NY 10038 assigned as counsel to the appellant on the appeal herein.
#### In the Matter of Angel Aybar, Appellant, v Deborah Watkins, as Deputy Superintendent for Programs, Respondent.

[962 NYS2d 919]

Appeal from a judgment of the Supreme Court (Gilpatric, J.), entered April 20, 2012 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CPLR article 78, to review a determination of the Commissioner of Corrections and Community Supervision denying petitioner’s application to participate in the shock incarceration program.

Petitioner commenced this CPLR article 78 proceeding to challenge the denial of his application to participate in the shock incarceration program *(see*Correction Law § 867 [2]; 7 NYCRR 1800.3 [c]). “Participation in the shock incarceration program shall be a privilege,” however, not a right (Correction Law § 867 [5]; *see People v Providence,*14 AD3d 884, 885 [2005], *lv denied*4 NY3d 856 [2005]; *Matter of Gomez v Obot,*170 AD2d 1036, 1037 [1991], *lv denied 78*NY2d 856 [1991]). Inasmuch as petitioner is incarcerated due to his efforts to sell several kilograms of cocaine, we agree with Supreme Court that the denial of his application was rational *(see Matter of Gomez v Obot,*170 AD2d at 1037). His remaining arguments have been examined and found to lack merit.

Peters, PJ., Lahtinen, McCarthy and Garry, JJ., concur.

Ordered that the judgment is affirmed, without costs.
[Federal Register Volume 74, Number 97 (Thursday, May 21, 2009)]
[Notices]
[Page 23931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11926]


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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[AC 187-1C]


Schedule of Charges Outside the United States

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of availability.

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

SUMMARY: The Federal Aviation Administration (FAA) is announcing the 
availability of Advisory Circular (AC) 187-1C which transmits an 
updated schedule of charges for services of FAA Flight Standards 
Aviation Safety Inspectors outside the United States. The advisory 
circular has been updated in accordance with the procedures listed in 
14 CFR Part 187, Appendix A.

DATES: This AC is effective on June 1, 2009.

ADDRESSES: How to obtain copies: A copy of this publication may be 
downloaded from: http://rgl.faa.gov/Regulatory--and--Guidance--Library/
rgAdvisoryCircular.nsf/0/b38e4a75d8e55cae862575b6004e937a/$FILE/
AC%20187-1C.pdf.

FOR FURTHER INFORMATION CONTACT: Dr. Geoff McIntyre, Flight Standards 
Service, AFS-51, Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington, DC 20591, telephone (202) 385-8139.

    Issued in Washington, DC, on May 14, 2009.
John W. McGraw,
Deputy Director, Flight Standards Service.
[FR Doc. E9-11926 Filed 5-20-09; 8:45 am]
BILLING CODE 4910-13-P
| Name of Subsidiary      |   | Jurisdiction ofIncorporation |
|-----------------------------------|--------|-----------------------------------|
|                              |   |                              |
| Bladex      Holdings Inc.         |   | United      States                |
|                              |   |                              |
| Bladex      Asset Management Inc. |   | United      States                |
|                              |   |                              |
| Bladex      Offshore Feeder Fund  |   | Cayman      Islands               |
|                              |   |                              |
| Bladex      Capital Growth Fund   |   | Cayman      Islands               |
|                              |   |                              |
| Clavex,      LLC                  |   | United      States                |
|                              |   |                              |
| Bladex      Representacao Ltda.   |   | Brazil                            |
|                              |   |                              |
| Clavex,      S.A.                 |   | Panama                            |

----