alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Kenneth Landfield, Appellant, v Tamares Real Estate Holdings, Inc., et al., Respondents.

[976 NYS2d 381]

Appeal from order, Supreme Court, New York County (Joan A. Madden, J.), entered July 27, 2012, which granted defendants’ motion to dismiss the complaint, deemed appeal from judgment, same court and Justice, entered August 6, 2012, dismissing the complaint (CELR 5520 [c]), and, so considered, judgment unanimously affirmed, without costs.

Elaintiff alleges that he was terminated from his employment in retaliation for voicing complaints and objections to the CEO and sole beneficial owner concerning that officer’s use of company funds to evade payment of state and federal taxes. Elaintiff maintains that such retaliation violates New York’s False Claims Act, which prohibits employers from retaliating against employees for whistleblowing (State Finance Law § 191 [1]).

To state a claim for retaliation under a false claims statute, a plaintiff must show that “(1) the employee engaged in conduct protected under the [statute]; (2) the employer knew that the employee was engaged in such conduct; and (3) the employer discharged, discriminated against or otherwise retaliated against *488the employee because of the protected conduct” *(McAllan v Von Essen,*517 F Supp 2d 672, 685 [SD NY 2007] [internal quotation marks omitted]).

Although internal complaints alone may constitute efforts to stop the violation of a false claims statute and thus rise to the level of protected conduct *(see Manfield v Alutiiq Intl. Solutions, Inc.,*851 F Supp 2d 196, 202 [D Me 2012]; *Guerrero v Total Renal Care, Inc.,*2012 WL 899228, *4-5, 2012 US Dist LEXIS 32615, *14 [WD Tex, Mar. 12, 2012, No. EP-11-CV-449-KC]), the allegations here show that plaintiffs job responsibilities as Chief Financial Officer and Chief Operating Officer included managing the financial affairs of the company. Thus, plaintiff was required to show that his complaints of noncompliance with the tax laws went beyond the performance of his normal job responsibilities so as to overcome the presumption that he was merely acting in accordance with his employment obligations *(see United States ex rel. Schweizer v Oce N.V.,*677 F3d 1228, 1238-1239 [DC Cir 2012]). Plaintiff has not done so, and accordingly, the complaint was properly dismissed.

We have considered plaintiffs remaining contentions, including the argument that his objections to the owner’s personal fraud gave rise to protected conduct, and find them unavailing. Concur — Tom, J.P, Mazzarelli, Freedman, Richter and Feinman, JJ.
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE TENNECO
INC. AND CONSOLIDATED SUBSIDIARIES FINANCIAL STATEMENTS AND IS QUALIFIED IN ITS
ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
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</TABLE>
II 

Calendar No. 407 

111TH CONGRESS 

2D SESSION S. 3248 

To designate the Department of the Interior Building in Washington, District 

of Columbia, as the ‘‘Stewart Lee Udall Department of the Interior Building’’. 

IN THE SENATE OF THE UNITED STATES 

APRIL 22, 2010 

Mr. BINGAMAN (for himself, Mr. UDALL of Colorado, Mr. MCCAIN, Mr. REID, 

Ms. KLOBUCHAR, Mrs. BOXER, Mr. CARDIN, Mr. LAUTENBERG, Mr. 

CARPER, Mr. SANDERS, Mr. WHITEHOUSE, and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

MAY 25, 2010 

Reported by Mrs. BOXER, with an amendment and an amendment to the title 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To designate the Department of the Interior Building in 

Washington, District of Columbia, as the ‘‘Stewart Lee 

Udall Department of the Interior Building’’. 

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


hsrobinson on DSK69SOYB1PROD with BILLS
2 

•S 3248 RS

1 SECTION 1. DESIGNATION OF THE STEWART LEE UDALL 

2 DEPARTMENT OF THE INTERIOR BUILDING. 

3 The Department of the Interior Building located at 

4 1849 C Street, Northwest, in Washington, District of Co5 lumbia, shall be known and designated as the ‘‘Stewart 

6 Lee Udall Department of the Interior Building’’. 

7 SEC. 2. REFERENCES TO THE BUILDING. 

8 Any reference in a law, map, regulation, document, 

9 record, or other paper of the United States to the building 

10 described in section 1 shall be considered to be a reference 

11 to the ‘‘Stewart Lee Udall Department of the Interior 

12 Building’’. 

13 SECTION 1. DESIGNATION. 

14 The United States Department of the Interior Build15 ing located at 1849 C Street, Northwest, in Washington, 

16 District of Columbia, shall be known and designated as the 

17 ‘‘Stewart Lee Udall Department of the Interior Building’’. 

18 SEC. 2. REFERENCES. 

19 Any reference in a law, map, regulation, document, 

20 record, or other paper of the United States to the building 

21 referred to in section 1 shall be considered to be a reference 

22 to the ‘‘Stewart Lee Udall Department of the Interior 

23 Building’’. 

24 Amend the title so as to read ‘‘A bill to designate 

25 the United States Department of the Interior Building in 


hsrobinson on DSK69SOYB1PROD with BILLS
3 

•S 3248 RS

1 Washington, District of Columbia, as the ‘Stewart Lee 

2 Udall Department of the Interior Building’.’’. 


hsrobinson on DSK69SOYB1PROD with BILLS
Calendar No. 407 

111TH CONGRESS 

2D SESSION S. 3248 

A BILL 

To designate the Department of the Interior BuildBuilding’’. ‘‘Stewart Lee Udall Department of the Interior ing in Washington, District of Columbia, as the 

MAY 25, 2010 

Reported with an amendment and an amendment to the 

title 


hsrobinson on DSK69SOYB1PROD with BILLS
EXHIBIT - 99
                                  ------------


                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 Realmark Property Investors
Limited Partnership - VI A (the "Partnership") on Form 10-Q for the period
ending March 31, 2003 as filed with the Securities and Exchange Commission on
the date hereof (the "Report"), I, Joseph M. Jayson, Individual General Partner
and Principal Financial Officer, 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 result of the
               operations of the Partnership.


              May 15, 2003                       /s/ Joseph M. Jayson
              ------------                       ------------------------------
                  Date                           Joseph M. Jayson,
                                                 Individual General Partner and
                                                 Principal Financial Officer
NATIONAL INDIAN GAMING COMMISSION

CHAIR’S NOTICE – Chairman E. Sequoyah Simermeyer

Visit www.NIGC.gov to learn more about the NIGC 3 For 35 Project— a 

year-long project emphasizing the importance of conversations among 

the tribal gaming regulatory community about workforce preparedness.

I was grateful to have the opportunity to meet Menominee Gaming 

Commission at its tribal offices Sept. 27. It was a privilege to 

have been the first NIGC Chairman to visit the Nation.

I want to reiterate my appreciation for the long-standing 

leadership at the commission - Executive Director Miller’s 

tenure is a source of pride for Indian gaming and showcases the 

Tribe’s strong regulatory capacity. 

During my visit I discussed the evolution of Indian gaming’s 

background and licensing practices. Specifically, I outlined the 

innovations taking place in licensing data, records management 

are creating a more sustainable, and modern culture among Indian 

gaming’s licensing practices. I believe the core of this 

conversation focuses on to following to maintain a culture of 

integrity in gaming regulation:

 Integrating new technology

 Conducting renewed risk assessments

 Developing new workforce practices 

Also on the top of my mind during my visit was October’s Cyber 

Security Awareness month. Cyber security remains an important 

topic not only across Indian gaming’s regulatory community, but 

across many national and local industries. It was helpful to 

hear Commission Chairperson Demarce share the Menominee Nation’s 

experience with a cyber-attack. I plan to remain engaged with 

her on the topic of cyber security, because establishing a 

network of gaming regulatory expertise around emerging cyber 

threats is critical to the both the current and future integrity 

of the Indian gaming industry. 

###
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.                  

###### Department of Labor

###### Employment and Training Administration

          - [TA-W-65,861]

Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on April 28, 2009, in response to a worker petition filed on behalf of workers of Wesley Hall Furniture, Inc., Hickory, North Carolina.

The petitioners have requested that the petition be withdrawn. Consequently, the investigation has been terminated.

Signed at Washington, DC, this 6th day of May 2009.

Richard Church,

Certifying Officer, Division of Trade Adjustment Assistance.

[FR Doc. E9-13468 Filed 6-8-09; 8:45 am]

BILLING CODE 4510-FN-P
**EXHIBIT 23.1**

 

**CONSENT OF ERNST & YOUNG LLP, INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM**

 

We consent to the incorporation by reference in the Registration Statements(Form S-8 Nos. 333-16707, 333-37758, 333-69658, 333-88636, 333-92883, 333-105976, 333-126923; and Form S-3 No. 333-34124) of Ventana Medical Systems, Inc., of our reports dated February 17, 2006, with respect to the consolidated financialstatements and schedule of Ventana Medical Systems, Inc., Ventana Medical Systems, Inc. management’s assessment of the effectiveness of internal control over financial reporting, and the effectiveness of internal control over financialreporting of Ventana Medical Systems, Inc., included in its Annual Report (Form 10-K) for the year ended December 31, 2005. 

 

/s/    ERNST & YOUNG LLP 

 

Phoenix, Arizona 

February 20, 2006
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<CURRENT-LIABILITIES>                            3,143
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<TOTAL-REVENUES>                                12,885
<CGS>                                           10,409
<TOTAL-COSTS>                                    2,454
<OTHER-EXPENSES>                                  (63)
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 508
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<CHANGES>                                            0
<NET-INCOME>                                     (499)
<EPS-PRIMARY>                                    (.20)
<EPS-DILUTED>                                    (.20)
        

</TABLE>
<PAGE>
                                                                    EXHIBIT 23.1

                         INDEPENDENT AUDITORS' CONSENT

We consent to the incorporation by reference in Registration Statements No.
33-56866, 333-90063, 333-90057 and 333-97567 of Atlantic American Corporation
on Form S-8 of our report dated March 26, 2003 relating to the consolidated
financial statements of Atlantic American Corporation as of and for the year
ended December 31, 2002 (which report expresses an unqualified opinion and
includes explanatory paragraphs relating to (1) the Company's change in its
method of accounting for goodwill and other intangible assets to conform with
Statement of Financial Accounting Standards No. 142 and (2) the application of
procedures relating to certain disclosures of financial statement amounts
related to the 2001 and 2000 financial statements that were audited by other
auditors who have ceased operations and for which we have expressed no opinion
or other form of assurance other than with respect to such disclosures)
appearing in this Annual Report on Form 10-K of Atlantic American Corporation
for the year ended December 31, 2002.


Deloitte & Touche LLP
Atlanta, Georgia
March 26, 2003
NIGC
Attn. Vannice Doulou
1849 C St. NW

Mailstop #1621
Washington, DC 20240

RE. Class III MICS Draft Guidance
Dear Ms. Doulou:

I am Chairman of the Barona Gaming Commission. We reviewed the Class III MICS draft
guidance and offer the following comments.

The “Definitions” section has been removed from the Draft MICS and needs to be replaced and
updated for clarification. We noticed some changes in terminology, i.e. “employee” and
“personnel” have been changed to “Agent” which is currently used in the Class II MICS, but the
Class III guidance does not include a definition of “Agent” In addition, §4(e) references
“components” This word is not defined so we are unclear as to its application.

§4 Gaming Machines: This section is confusing. It looks like you tried to make the Class III
MICS follow the Class II MICS, however, this doesn’t work since the methodology of the games
is not the same. More specifically, use of the word “prize” instead of “jackpot” is confusing
when referring to a Class III Gaming Machine. “Prize” is used in Bingo and other Class II
games but gaming machines have “jackpots”, “hand pays”, “short pays” and “accumulated
credit” payouts. In sections that were copied directly from the current MICS, “jackpots” is used

rather than “award”
We would prefer to see the current 542.13(d) standards used for jackpot payouts, fills, short
pays, and accumulated credit payouts in its entirety instead of the proposed changes to this

section.

In addition, there is a typo in §4(a) regarding supervision. The document refers to “table games
operations” rather than gaming machines.

§21 Drop and Count — “Bill acceptor canister” was replaced with “financial instrument storage
component” which is a Class II term defined as “any component that stores financial

1095 Barona Road + Lakeside, CA 92040-1599 + phn. (619) 443-2619 fax (619) 443-2719


instruments, such as a drop box, but typically used in connection with player interfaces.” We
believe the term “bill acceptor canister” is more appropriate for Class II] machines.

As a California tribe, the NIGC MICS, and any subsequent amendments, are referenced in our
compact with the state. This is therefore a very important topic for us. We appreciate the
opportunity to comment on the proposed guidance.

Sincerely,

Kevin Van Wanseele
Chairman
I. DISCRINIMATION COMPLAINTS FILED: 1QTR 

FY2022 FY 2021 FY 2020 FY 2019 FY 2018 FY 2017

A. Complaints filed 0 0 1 4 4 1

B. Number of individual filers 0 0 1 4 4 1

C. Individual filing two or more complaints 0 0 1 0 0 0

II. BASES OF COMPLAINTS FILED: 1QTR 

FY2022 FY 2021 FY 2020 FY 2019 FY 2018 FY 2017

A. Race 0 0 1 2 4 0

B. Color 0 0 0 0 0 0

C. Religion 0 0 0 0 0 0

D. Reprisal 0 0 1 3 3 0

E. Sex/Gender 0 0 0 3 3 1

F. National origin 0 0 0 0 1 0

G. Equal Pay Act 0 0 0 0 0 0

H. Age 0 0 0 0 0 0

I. Disability 0 0 0 1 3 1

J. Genetic Information Nondiscrimination Act 

(GINA) 0 0 0 0 0 0

K. Other 0 0 0 0 0 0

L. Non-EEO 0 0 0 0 0 0

III. ISSUES OF COMPLAINTS FILED: 1QTR 

FY2022 FY 2021 FY 2020 FY 2019 FY 2018 FY 2017

A. Appointment / Hire 0 0 0 0 0 0

B. Assignment of duties 0 0 1 2 1

C. Awards 0 0 0 0 0 0

D. Disciplinary action / reprimanded 0 0 0 0 1 0

E. Duty hours 0 0 0 0 2 0

F. Evaluation / Appraisal 0 0 0 0 1 0

G. Examination / Test 0 0 0 0 0 0

H. Harassment / Non-Sexual 0 0 1 4 4 1

I. Harassment / Sexual 0 0 0 1 0 0

J. Pay / Overtime 0 0 0 0 1 0

K. Promotion / Non-Selection 0 0 0 0 2 0

L. Reasonable accommodation 0 0 1 0 1 0

M. Reassignment 0 0 0 0 0 0

N. Termination 0 0 0 0 1 1

O. Terms / Conditions of employment 0 0 0 0 0 0

P. Time / Attendance 0 0 0 0 1 0

Q. Training 0 0 0 0 0 0

R. Other 0 0 0 0 1 0

IV. PENDING COMPLAINTS FILED PREVIOUS 

YEARS

 1QTR 

FY2022 FY 2021 FY 2020 FY 2019 FY 2018 FY 2017

Total complaints from previous fiscal years 0 4 2 0 2 1

Total complaints 0 4 3 4 4 2

Number of complaints pending 0

Investigation 0 0 1 0 1 1

ROI issued, pending complainant's action 0 0 0 0 0 0

Hearing 0 1 2 2 1 1

Final Agency action 0 0 0 2 2 0

Appeal with EEOC Office of Federal Operations 0 0 1 0 0 0

V. COMPLAINT INVESTIGATORS 1QTR 

FY2022 FY 2021 FY 2020 FY 2019 FY 2018 FY 2017

Pending complaints where investigations 

exceeds required time frames 0 0 0 0 0 0

VI. DISMISSALS PURSUANT TO 29 C.F.R. 1QTR 

FY2022 FY 2021 FY 2020 FY 2019 FY 2018 FY 2017

A. Dismissals 0 0 0 0 1 0

B. Average days pending dismissals 0 0 0 0 379 0

VII. COMPLAINTS WITHDRAWN BY 

COMPLAINANTS 0 0 0 0 0 0

VIII. FINDINGS OF DISCRIMINATION 0 0 0 0 0 0

VIIII. SETTLEMENT AGREEMENT/NSA 1 0 0 0 0 0

IX. COMPLAINTS PENDING AT END OF 

FISCAL YEAR

 1QTR 

FY2022 FY 2021 FY 2020 FY 2019 FY 2018 FY 2017

0 1 3 4 4 2

National Indian Gaming Commission (NIGC)

Notification and Federal Anti-Discrimination and Retaliation (No FEAR) Act Report
<PAGE>

                                                                    EXHIBIT 32.1


Certification Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002

         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 filing of the Annual
Report on Form 10-K of Atlantic American Corporation (the "Company") for the
period ended December 31, 2003, as filed with the Securities and Exchange
Commission on the date hereof (the "Report"), each of the undersigned officers
of the Company certifies, that, to such officer's 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 as of the dates and for the periods
                  expressed in the Report.


                            /s/ Hilton H. Howell, Jr.
Date:  March 29, 2004       -----------------------------------
                            Hilton H. Howell, Jr.
                            President and Chief Executive Officer


                            /s/ John G. Sample, Jr.
Date:  March 29, 2004       -----------------------------------
                            John G. Sample, Jr.
                            Senior Vice President and Chief Financial 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.
Exhibit 23

CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS

     As independent public  accountants,  we hereby consent to the incorporation
of our report included in this Form 10-Q into Industries'  previously filed Form
S-8  Registration  Statement No. 33-30619;  Form S-8 Registration  Statement No.
33-30621;  Form S-8 Registration Statement No. 333-08263;  Form S-8 Registration
Statement No. 333-19981; Form S-8 Registration Statement No. 333-19983; Form S-8
Registration  Statement  No.  333-19985;  Form S-3  Registration  Statement  No.
333-22347; and Form S-3 Registration Statement No. 333-26847.

                                   /s/ Arthur Andersen LLP

Chicago, Illinois

November 13, 1997


<PAGE>