alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA, : Crim. No. 11-113 (FSH)

v. : O R D E R

ELVIS HERNANDEZ. :

Defendant. :

This matter having come before the Court on the Report and Recommendation of the United

States Magistrate Judge filed in this matter, which was submitted as a result of this Court having

referred this cause to the Magistrate Judge for the purpose of conducting a plea proceeding under

Fed. R. Crim. P. 11; and the defendant having consented to the Magistrate Judge conducting the

guilty plea proceeding; and the Court having reviewed the Report and Recommendation, as well as

the transcript of the proceedings on February 22, 2011 and there being no objection to the Report and

Recommendation timely filed pursuant to 28 U.S.C. 636(b); and the Court finding the Report and

Recommendation is neither clearly erroneous nor contrary to law; and the Court hereby finding that

the Report and Recommendation should be approved and adopted and the defendant’s guilty plea

accepted,

IT IS ON THIS 17 day of March, 2011, th

ORDERED that the Report and Recommendation of the United States Magistrate Judge is

approved and adopted; and

IT IS FURTHER ORDERED that the defendant’s guilty plea is accepted and a judgment

of guilt to Count One of the Information shall be entered. 

 s/ Faith S. Hochberg 

UNITED STATES DISTRICT JUDGE

Case 2:11-cr-00113-MCA Document 30 Filed 03/17/11 Page 1 of 1 PageID: 48
NO T REC OM M EN DE D F OR F UL L- TEX T P UB LIC AT ION F ile Nam e: 08a0500n.06 F iled: August 15, 2008 No. 07-3464 UN ITED STA TES C OU RT OF AP P EA LS F OR THE SI XT H C IR CU IT UNI TED STATES OF AMERI CA, Plaintiff-Appellee , v. VI NCENT MARBL EY, De fe nd ant- Ap pe lla

nt. )

) ) ) ) ) ) ) ) ON APPEALFROM THE U NI TED STATES DI ST R I CT COURT FOR THE N O R T H E R

N D IS T R IC T O F O H IO

O R D E R B e fo re : MA RTI

N, RO GE RS, a

nd SUT TO N, Cir c uit

Judg e s. This appea l raises one issue: Does a district cour t at sentenc ing ha

ve author ity

not to follow the
se nte nc ingguid e lin e s’ dis pa rate tr e atme nt of c ra c k an d pow de r co c a ine of fe ns e s? Th e dis tr ic t c ourt in thi s c a se he ld that it ha d no suc h autho ri ty . Sub se qu e nt to that det e rm inatio n, the Sup re me Court he ld that a sente ncing“judg e may consider the disparity

betwee n the Guidelines’ tr eatment of cra ck and powder coca ine offe nses.” Kimbrough v. United States , _ _ U
. S
. _ _ , 1 2 8 S
. C t . 5 5 8 , 5 6 4 ( 2 0 0 7 )
. In view of Kimbrough , th e g o v e r n me n t c o n c e d e s th at w e s h o u ld r e ma n d th is c a s e f

o r r e s e n te n c in g . We agree and ther efor e vac ate the se ntence and re mand the case to the district court for rese ntencingin light of Kimbrough
. EN TE RED B Y O RD ER O F TH E CO UR T- 2 - __________________________________ L eonar d Gre en, Clerk
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 RathGibson, Inc. (the Company) on Form 10-Q for the period ended April 30, 2008, as filed with the Securities and Exchange Commission on the date hereof (the Report), I, Harley B. Kaplan, Chairman 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 my knowledge:  1. The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and  2. The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.   Date:  June 16, 2008/s/ Harley B. KaplanHarley B. KaplanChairman and Chief Executive Officer
Exhibit 32.1

CERTIFICATIONS OF

CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

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 of Salary.com, Inc. (the Company) on Form 10-K/A for the period ended March 31,
2010 as filed with the Securities and Exchange Commission on the date hereof (the Report), Paul R. Daoust, President and Chief Executive Officer of the Company, and Bryce Chicoyne, Senior Vice President and Chief Financial 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 our best knowledge:



|1. | The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and
|-- | -------------------------------------------------------------------------------------------------------------------------------------------------



|2. | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
|-- | ----------------------------------------------------------------------------------------------------------------------------------------------------

This certification is being provided pursuant to 18 U.S.C. 1350 and is not to be deemed a part of the Report,
nor is it to be deemed to be filed for any purpose whatsoever.



|                    |  |  |  |                                                                 
|------------------- |  |  |  | ----------------------------------------------------------------
|Date: July 29, 2010 |  |  |  |                                                                 
|                    |  | 
|                    |  |  |  | /s/ Paul R. Daoust                                              
|                    |  |  |  | Paul R. Daoust President and
Chief Executive Officer            
|Date: July 29, 2010 |  |  |  |                                                                 
|                    |  | 
|                    |  |  |  | /s/ Bryce Chicoyne                                              
|                    |  |  |  | Bryce Chicoyne Senior Vice
President and Chief Financial Officer
SUPPLEMENTARY AGREEMENT TO
EXCLUSIVE TECHNICAL SERVICE AND
CONSULTANCY AGREEMENT
 Supplementary Agreement PRC
 (1)
    
    Shanghai T2 Entertainment Co., Ltd., located at 12F, 418, Gui Ping Road, Shanghai, with Wang
Chi as the legal representative (hereinafter called T2E).(2)
    
    T2CN Information Technology (Shanghai) Co., Ltd., located at 12F, 418, Gui Ping Road,
Shanghai, with Deng Ruen-Zeh as the legal representative (hereinafter called T2CN)
      Shanghai T2
Entertainment Co., Ltd.
    
    
    .
    
    
    T2CN Information Technology

(Shanghai) Co., Ltd.Signed by:
    
    /s/ Ji Wang
    
    
    
    
    
    Signed by:
    
    /s/ Guo Jun WeiName:  Ji Wang
    
    
    
    
    
    
    
    Name:  Guo Jun WeiTitle:     Authorised Representative
    
    
    
    
    
    
    
    Title:     Authorised Representative
UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY

June 21, 2013 

LETTER ORDER 

Re: J.M., et al. v. Township of Irvington, et al.

 Civil Action No. 11-cv-00278 (ES) 

Dear Counsel: 

Pending before this Court is Plaintiffs J.M., a minor, by her guardian, and T.M.’s 

(collectively, “Plaintiffs”) Second Motion for Default Judgment against Defendants Glenn Harp 

(“Harp”) and Network Youth Development Program (collectively, “the defaulting Defendants”). 

(D.E. No. 51). The Court DENIES this motion. 

Briefly, this case arises from the sexual assault of Plaintiff J.M. by Harp. The other 

Defendants in this case are organizations and government entities that formerly employed Harp 

and are allegedly liable to Plaintiffs for failing to adequately supervise Harp. Harp and 

Defendant Network Youth Development Program failed to answer the complaint. All other 

Defendants answered, and this matter is ongoing. 

“[I]f default is entered against some defendants in a multi-defendant case, the preferred 

practice is for the court to withhold granting default judgment until the action is resolved on its 

merits against non-defaulting defendants: if plaintiff loses on merits, the complaint should then 

be dismissed against both defaulting and non-defaulting defendants.” Animal Sci. Products, Inc. 

v. China Nat. Metals & Minerals Imp. & Exp. Corp., 596 F. Supp. 2d 842, 849 (D.N.J. 2008); 

See Generally Shanghai Automation Instrument Co., Ltd. v. Kuei, 194 F. Supp. 2d 995, 1005-11 

(N.D. Cal. 2001) (discussing multi-party defendant default judgment jurisprudence in different 

federal courts); Phoenix Renovation Corp. v. Gulf Coast Software, Inc., 197 F.R.D. 580, 582-83 

(E.D. Va. 2000) (same); Farzetta v. Turner & Newall, Ltd., 797 F.2d 151 (3d Cir. 1986). 

Here, the analysis of the claims against the non-defaulting Defendants requires the Court 

to preliminarily rule on Harp’s liability. Thus, the claims of the defaulting and non-defaulting 

Defendants are intertwined and it would be inappropriate to grant default judgment against the 

defaulting Defendants. Plaintiffs’ motion is therefore DENIED. 

 SO ORDERED. 

s/Esther Salas 

 Esther Salas, U.S.D.J.

CHAMBERS OF 

ESTHER SALAS 

UNITED STATES DISTRICT JUDGE 

MARTIN LUTHER KING 

COURTHOUSE 

50 WALNUT ST. 

ROOM 5076 

NEWARK, NJ 07101 

973-297-4887
* 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.

United States Court of Appeals

Fifth Circuit

FILED

August 20, 2003

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 02-51248

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

WINDELL JOE BRIGGS,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Western District of Texas

USDC No. W-02-CR-106-ALL

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

Before JONES, WIENER, and BENAVIDES, Circuit Judges.

PER CURIAM:*

The attorney appointed to represent Windell Joe Briggs on

appeal has requested leave to withdraw and has filed a brief as

required by Anders v. California, 386 U.S. 738 (1967). Briggs

has received a copy of counsel’s motion and has filed a response. 

Our independent review of the brief and the record discloses no

non-frivolous issues for appeal. Counsel’s motion for leave to

withdraw is granted, counsel is excused from further

responsibilities, and the appeal is dismissed.
No. 02-51248

-2-

MOTION TO WITHDRAW GRANTED; APPEAL DISMISSED.
Henry J. Catenacci, Esq. 

PODVEY, MEANOR, CATENACCI, HILDNER, 

COCOZIELLO & CHATTMAN, P.C. 

The Legal Center 

One Riverfront Plaza, 8th Floor 

Newark, New Jersey 07102 

(973) 623-1000 

Attorneys for Plaintiff, New Jersey Title Insurance Company 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY 

NEW JERSEY TITLE INSURANCE 

COMPANY, 

 Plaintiff, 

v. 

NATIONAL UNION FIRE INSURANCE 

COMPANY OF PITTSBURGH, and BROWN 

& BROWN OF CONNECTICUT, INC. d/b/a 

DILL, JOYCE & THRESHER INSURANCE, 

 Defendants.

Civil Action No. 2:11-cv-630-DMC-JAD 

ORDER 

THIS MATTER coming before the Court upon motion by Plaintiff, New Jersey Title 

Insurance Company (“NJTIC”), pursuant to Local Rule 7.1(i) for reconsideration of this Court’s 

Order and Opinion entered on December 29, 2011 ordering that the Motion of Defendant 

National Union Fire Insurance Company of Pittsburgh (“National Union”) to dismiss the 

Complaint be granted. Upon consideration of the Plaintiff’s motion; it is on this ____day of 

__________________, 2012; 

ORDERED that Plaintiff’s motion for reconsideration be and the same hereby is granted, 

and it is further 

Case 2:11-cv-00630-DMC -JAD Document 21-3 Filed 01/12/12 Page 1 of 2 PageID: 401
ORDERED that the Court’s Order and Opinion entered on December 29, 2011 be and 

the same hereby are vacated, and it is further 

ORDERED that a copy of this Order be served on all counsel within__________ days of 

the date hereof. 

 

Honorable Dennis M. Cavanaugh, U.S.D.J. 

#296803 

Case 2:11-cv-00630-DMC -JAD Document 21-3 Filed 01/12/12 Page 2 of 2 PageID: 402
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 Health and Human Services

###### National Institutes of Health

                    Notice is hereby given of a change in the meeting of the Center for Scientific Review Special Emphasis Panel, August 6, 2009, 1 p.m. to August 6, 2009, 4 p.m., Sheraton Delfina Hotel, 530 West Pico Boulevard, Santa Monica, CA, 90405 which was published in the                     **Federal Register**                     on June 8, 2009, 74 FR 27156-27160.                

The meeting has been changed to a telephone conference at the National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892. The meeting date and time remain the same. The meeting is closed to the public.

Dated: June 30, 2009.

Jennifer Spaeth,

Director, Office of Federal Advisory Committee Policy.

[FR Doc. E9-16116 Filed 7-8-09; 8:45 am]

BILLING CODE 4140-01-P
RIKER DANZIG SCHERER HYLAND PERETTI LLP

By: Anthony J. Sylvester

Headquarters Plaza

One Speedwell Avenue

Morristown, NJ 07962-1981

(973) 538-0800 (tel)

(973) 538-1984 (fax)

asylvester@RIKER.com

ROPES & GRAY LLP

By: Harvey J. Wolkoff 

Robert A. Skinner 

Allison M. Boscarine 

Prudential Tower

800 Boylston Street

Boston, MA 02199-3600

(617) 951-7000

Attorneys for Defendant Hartford Investment Financial Services, LLC

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

___________________________________

JENNIFER L. KASILAG, LOUIS )

MELLINGER, JUDITH )

M. MENENDEZ, JACQUELINE M. )

ROBINSON, and ) Civil Action No. 11-cv-1083 (RMB) (AMD)

LINDA A. RUSSELL, et al., )

) NOTICE OF MOTION TO DISMISS 

Plaintiffs, ) SECOND AMENDED COMPLAINT

___________________________________ )

) 

HARTFORD INVESTMENT ) Motion Date: May 7, 2012

FINANCIAL SERVICES, LLC, ) Oral Argument Requested

) Document Filed Electronically

Defendant. )

To: ALL COUNSEL

PLEASE TAKE NOTICE that on May 7, at 9:00 a.m. or as soon thereafter as 

counsel may be heard, Defendant Hartford Investment Financial Services, LLC (“HIFSCO”), 

shall move, by and through the undersigned attorneys, before the Honorable Renée Marie Bumb, 
2

U.S.D.J., at the Mitchell H. Cohen United States Courthouse, 4th and Cooper Streets, Room 

1050, Camden, New Jersey 08101, for an Order, pursuant to Fed. R. Civ. P. 12(b)(6), dismissing 

the Second Amended Complaint in part with prejudice.

PLEASE TAKE FURTHER NOTICE that, in support of its Motion, HIFSCO 

shall rely upon the accompanying Memorandum of Law, Certification of Robert A. Skinner, Esq. 

and any papers it submits in reply to any opposition filed by Plaintiffs.

PLEASE TAKE FURTHER NOTICE that HIFSCO requests oral argument. 

PLEASE TAKE FURTHER NOTICE that HIFSCO submits herewith a 

proposed form of Order. 

Dated: January 17, 2012

Respectfully submitted,

RIKER DANZIG SCHERER HYLAND 

PERETTI LLP

Anthony J. Sylvester

Headquarters Plaza

/s/ Anthony J. Sylvester

One Speedwell Avenue

Morristown, NJ 07962-1981

(973) 538-0800 (tel)

(973) 538-1984 (fax)

asylvester@RIKER.com

Attorney for Defendant 

Hartford Investment Financial Services, LLC
3

Of Counsel:

ROPES & GRAY LLP

Harvey J. Wolkoff

Robert A. Skinner 

Allison M. Boscarine 

Prudential Tower

800 Boylston Street

Boston, MA 02199

harvey.wolkoff@ropesgray.com

robert.skinner@ropesgray.com

allison.boscarine@ropesgray.com

Attorneys for Defendant

Hartford Investment Financial Services, LLC
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

**COMMONWEALTH OF PENNSYLVANIA,**

**Respondent**

**v.**

**STEVE EDWARD WILSON,**

**Petitioner :** 

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**:**

**: No. 263 WAL 2015** 

**Petition for Allowance of Appeal from the Order of the Superior Court** 

ORDER

PER CURIAM

AND NOW **, this 2nd day of December, 2015, the Petition for Al lowance of Appeal** 

**is** DENIED

**.**
**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 Annual Report on Form 10-K of Airspan Networks, Inc. (the
      “Company”) for the period ending December 31, 2005 as filed with the Securities
      and Exchange Commission on the date hereof (the “Report”), I, Eric Stonestrom,
      Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350,
      as adopted pursuant to § 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.




Date: March
                31, 2006
            By:
            /s/ Eric
              StonestromEric
              StonestromChief
                Executive Officer
EXHIBIT 10.13

                          BODDIE-NOELL PROPERTIES, INC.

                  AMENDMENT TO INCENTIVE STOCK OPTION AGREEMENT

         WHEREAS,  the  Company,  as approved by the  Committee  of the Board of
Directors, has accelerated the vesting of 28,000 options (the "Options") granted
to W. CRAIG WORTHY  pursuant to an Incentive  Stock Option  Agreement  under the
1994 Stock  Option and  Incentive  Plan to be  effective  as of June 5, 1997 and
extended the exercise date of such Options to June 16, 2004.

         NOW,  THERFORE,  the  Incentive  Stock Option  Agreement  with W. CRAIG
WORTHY (the "Agreement") is hereby amended in the following  respects  effective
as of June 5, 1997:

         1.       The Vesting and Exercise Schedule of Section 1 is restated
                  such that all of the 28,000 Shares shall have vested as of 
                  June 5, 1997.

         2.       The second  sentence of the second  paragraph  in Section 2 is
                  restated to read as follows:  "If Employee's  employment  with
                  the Company and all Subsidiaries is terminated under any other
                  circumstance  other than for Cause,  the vested portion of the
                  Option shall remain exercisable until June 16, 2004."

         3.       All other terms and  conditions of the Plan and the Agreement 
                  shall remain in full force and effect.

         IN WITNESS WHEREOF,  the parties hereto have executed this Amendment to
the Agreement as of June 5, 1997.

                                            BODDIE-NOELL PROPERTIES, INC.

                                            By:  /s/ Douglas E. Anderson
                                            Title:  Vice President


         The undersigned hereby accepts the foregoing Amendment to the Incentive
Stock Option Agreement and the terms and conditions hereof.

                                                       /s/ W. Craig Worthy
                                                        W. Craig Worthy


                                       63
<PAGE>
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 Splinternet Holdings, Inc. (the
“Company”) on Form 10-QSB for the period ended June 30, 2006, as filed with the
      Securities and Exchange Commission (the “Report”), the undersigned certifies,
      pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
      Sarbanes-Oxley Act of 2002, to the best of the undersigned’s knowledge, 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.








Dated:  September
      20, 2006


By: 
      /s/ James C. Ackerly


James
      C.
      Ackerly, Chief Executive Officer


and
      President (Principal Executive Officer)
UNITED STATES AIR FORCE

COURT OF CRIMINAL APPEALS

UNITED STATES ) No. ACM 40190

Appellee )

)

v. )

) ORDER

Alexander J. DIXSON )

Airman First Class (E-3) )

U.S. Air Force )

Appellant ) Panel 1

On 26 July 2022, Appellant submitted a Motion to Withdraw from Appellate Review and Motion to Attach. Specifically, Appellant moved to attach a 

DD Form 2330, Waiver/Withdrawal of Appellate Rights in General and Special 

Courts-Martial Subject to Review by a Court of Criminal Appeals, signed by

Appellant and Appellant’s counsel on 18 July 2022. 

The Government did not file opposition to the motions.

Accordingly, it is by the court on this 29th day of July, 2022,

ORDERED:

Appellant’s Motion to Withdraw from Appellate Review and Motion to Attach are GRANTED. 

Appellant’s case is forwarded to the Appellate Records Branch, JAJM, for

further processing in accordance with Rules for Courts-Martial 1115(f)(3) and 

1201, Manual for Courts-Martial, United States (2019 ed.).

FOR THE COURT

ANTHONY F. ROCK, Maj, USAF

Deputy Clerk of the Court
UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY

:

UNITED STATES OF AMERICA 

: ORDER

 VS. 

:

TROI VENABLE

 : CR. NO. 10-439-01(FLW)

 Defendant

:

The financial inability of the defendant to retain counsel having been established by the

Court, and the defendant not having waived the appointment of counsel, 

It is on this 24th day of August, 2010

 

ORDERED that Richard Coughlin, Federal Public Defender (David Schafer, AFPD) for the

District of New Jersey is hereby appointed to represent said defendant in this cause until further

order of the Court.

 s/Freda L. Wolfson 

FREDA L. WOLFSON

UNITED STATES DISTRICT JUDGE

cc: Federal Public Defender

Case 3:10-cr-00439-FLW Document 6 Filed 08/24/10 Page 1 of 1 PageID: 8