alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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1 10cv2044-BEN

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF CALIFORNIA

DAVID SALVATIERRA, on behalf of himself

and all others similarly situated, as applicable; et

al.,

Civil No. 10-CV-2044-BEN (BGS)

Plaintiffs,

ORDER STAYING DISCOVERY

v.

SPRINT SOLUTIONS, INC.; et al.,

Defendants.

On January 24, 2011, the parties to this action filed a Report of Rule 26(f) Planning Meeting. (Doc.

No. 30.) Currently pending in this case is Defendants’ motion to dismiss the Complaint and Defendants’

motion to stay all proceedings in light of a pending motion for transfer of actions for coordinated and/or

consolidated pretrial proceedings before the Judicial Panel on Multidistrict Litigation (“JPML”). (Doc. Nos.

25 & 27.) Defendants have not yet filed an Answer to the Complaint and, consequently, the Court has not

yet held an Early Neutral Evaluation Conference or issued a Scheduling Order. See Civ. L.R. 16.1(c)-(d).

In the Rule 26(f) Report, Defendants object to the exchange of initial disclosures prior to the

resolution of the JPML decision. (Doc. No. 30 at 4.) The district courts have broad discretion to stay

discovery in a case while a dispositive motion is pending. Orchid Biosciences, Inc. v. St. Louis Univ., 198

F.R.D. 670, 672 (S.D.Cal.2001) (citing Data Disc, Inc. v. Sys. Tech. Associates, Inc., 557 F.2d 1280 (9th

Cir.1977)). A district court’s decision to allow or deny discovery is reviewable only for abuse of discretion.

Munoz-Santana v. INS, 742 F.2d 561, 562 (9th Cir.1984). In order to conserve party and judicial resources

Case 2:11-cv-02273-SDW-MCA Document 33 Filed 01/31/11 Page 1 of 2 PageID: 452
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2 10cv2044-BEN

and avoid undue expenses, the Court finds good cause to stay all discovery pending the outcome of

Defendants’ motion to dismiss and motion to stay, and the filing of an Answer. See Fed. R. Civ. P.

26(b)(2)(C) (“on its own, the Court must limit the frequency or extent of discovery otherwise allowed by

these rules or by local rule if it determines that . . . the burden or expense of the proposed discovery

outweighs its likely benefit); see also Fed. R. Civ. P. 26(c)(4) (“The Court may, for good cause, issue an

order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or

expense.”). 

IT IS SO ORDERED. 

Dated: January 31, 2011 

BERNARD G. SKOMAL

United States Magistrate Judge

Case 2:11-cv-02273-SDW-MCA Document 33 Filed 01/31/11 Page 2 of 2 PageID: 453
**Exhibit 32**

 

#### **Section 1350 Certification**

 

The undersigned herebycertify that, to their knowledge, **(i) **the Form 10-Qfiled by Yadkin Valley Financial Corporation (the “Issuer”) for the quarterended March 31, 2009, fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934, and **(ii) **theinformation contained in that report fairly presents, in all material respects,the financial condition and results of operations of the Issuer on the datesand for the periods presented therein.

 

 
| ** **              | **Yadkin Valley Financial  Corporation**              |
|-------------------------|-------------------------------------------------------|
| ** **              | ** **                                            |
| Date: May 12, 2009 | By:                                                   | /s/ William A. Long |
|                    | William A. Long                                       |
|                    | President and Chief  Executive Officer                |
|                    |                                                  |
|                    |                                                  |
|                    | By:                                                   | /s/ Edwin E. Laws |
|                    | Edwin E. Laws                                         |
|                    | Executive Vice  President and Chief Financial Officer |

 

37

----
#### Tan Holding Corp., Appellant, v Linda Eklund, Respondent.

[823 NYS2d 31]

Order and judgment (one paper), Supreme Court, New York County (Debra A. James, J), entered May 17, 2005, which, inter alia, granted defendant’s motion for summary judgment and dismissed the complaint, unanimously affirmed, without costs.

Unrefuted evidence in the record establishes the longstanding acquiescence and involvement of plaintiff landlord and its predecessors-in-interest in the illegal conversion of the commercial loft space in the subject building, including defendant tenant’s leasehold space. The building’s certificate of occupancy did not permit residential use, and the local zoning laws restricted area property development to commercial and light manufacturing uses. While there was an exception in the zoning laws that permitted combined living-working arrangements for qualified artists, the record is devoid of evidence or substantive argument indicating that such artists resided in the building. Under the circumstances obtaining, the landlord had no claim *488against defendant tenant for use and occupancy *(see e.g. Hornfeld v Gaare,*130 AD2d 398 [1987]); its sole recourse was to eject the tenant *(see id.; and see 99 Commercial St. v Llewellyn,*240 AD2d 481, 483 [1997], *lv denied*90 NY2d 809 [1997]). Here, however, the tenant had voluntarily vacated, rendering the landlord’s causes of action seeking possession of the leased space moot. While plaintiff contends that it may recover use and occupancy to the extent that the leased space was used for commercial purposes, there is no evidence that the space was used for other than residential purposes. Concur— Mazzarelli, J.E, Friedman, Gonzalez, Catterson and Malone, JJ.
Case 2:11-cv-03255-KSH-PS Document 1-1 Filed 06/06/11 Page 1 of 6 PageID: 5
Case 2:11-cv-03255-KSH-PS Document 1-1 Filed 06/06/11 Page 2 of 6 PageID: 6
Case 2:11-cv-03255-KSH-PS Document 1-1 Filed 06/06/11 Page 3 of 6 PageID: 7
Case 2:11-cv-03255-KSH-PS Document 1-1 Filed 06/06/11 Page 4 of 6 PageID: 8
Case 2:11-cv-03255-KSH-PS Document 1-1 Filed 06/06/11 Page 5 of 6 PageID: 9
Case 2:11-cv-03255-KSH-PS Document 1-1 Filed 06/06/11 Page 6 of 6 PageID: 10
#### In the Matter of Tyshawn Jaraind C., an Infant. Jaraind Louis C., Appellant; Cardinal McCloskey Services, Respondent.

[823 NYS2d 34]

Appeal from order of disposition, Family Court, New York County (Sara E Schechter, J.), entered on or about February 10, 2005, which, to the extent appealed from, determined that respondent father’s consent for the placement of his child for adoption was not required, unanimously dismissed, without costs.

The record reflects that appellant consented to his designation as a notice father as set forth in the dispositional order. No appeal lies from an order entered on consent *(Matter of Michael CC.,*216 AD2d 740 [1995]). Were we to address the merits, we would find—to the extent the record permits review—that appellant’s consent was not required, since he failed to provide consistent financial support for his child born out of wedlock *(see Matter of Maxamillian,*6 AD3d 349 [2004]).

We reject appellant’s claim that he was denied effective assistance of counsel. Given his acknowledged failure to support the child, he could not have been prejudiced by any failing on the part of his counsel *(People v Benevento,*91 NY2d 708, 714-715 [1998]). Concur—Mazzarelli, J.E, Friedman, Gonzalez, Catterson and Malone, JJ.
EXHIBIT
      11.1








**Statement
      Regarding Computation of earnings per share**





Historical
      net (loss) per common share is computed using the weighted average number of
      common shares outstanding. Diluted earnings per share (EPS) includes additional
      dilution from common stock equivalents, such as stock issuable pursuant to
      the
      exercise of stock options and warrants. Common stock equivalents are not
      included in the computation of diluted earnings per share when the Company
      reports a loss because to do so would be antidilutive for the periods
      presented.








The
      Company has no options or warrants outstanding as of December 31, 2004 nd 2003
Exhibit 99.4

Chief Financial Officer Certification (Section 906)


                            CERTIFICATION PURSUANT TO
                             18 U.S.C.,SECTION 1350,
                             AS ADOPTED 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),  I, the  undersigned  Treasurer  and Chief
Financial Officer of Tid, (the "Company"), herby certify that, to the best of my
knowledge,  the Annual Report on Form 10-KSB of the Company for the period ended
December 31, 2002 (the "Report") fully complies with the requirements of section
13(a) or  15(d)  of the  Securities  Exchange  Act of 1934 and that  information
contained in the Report fairly presents, in all material respects, the financial
condition  and results of operation of the  Company.  A signed  original of this
written  statement  required by Section 906 has been provided to the  registrant
and  will  be  retained  by it and  furnished  to the  Securities  and  Exchange
Commission or its staff upon request.


Dated May 12, 2003.
                                                         /s/ Royis Ward
                                                        ------------------------
                                                        V.P. and CFO
[Federal Register Volume 74, Number 135 (Thursday, July 16, 2009)]
[Notices]
[Pages 34563-34564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16851]


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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13486-000]


FFP Project 76, LLC; Notice of Preliminary Permit Application 
Accepted for Filing and Soliciting Comments, Motions To Intervene, and 
Competing Applications

July 9, 2009.
    On May 22, 2009, FFP Project 76, LLC filed an application for a 
preliminary permit, pursuant to section 4(f) of the Federal Power Act, 
proposing to study the feasibility of the Burke Landing Hydrokinetic 
Project, to be located on the Mississippi River, in Phillips County, 
Arkansas and Coahoma County, Mississippi.
    The sole purpose of a preliminary permit, if issued, is to grant 
the permit holder priority to file a license application during the 
permit term. A preliminary permit does not authorize the permit holder 
to perform any land disturbing activities or otherwise enter upon lands 
or waters owned by others without the owners' express permission.
    The proposed Burke Landing Hydrokinetic Project consists of: (1) 
2,028 proposed 40 kilowatt Free Flow generating units having a total 
installed capacity of 81.12 megawatts; (2) a 2.2-mile-long, 69 kilovolt 
transmission line; and (3) appurtenant facilities. The proposed Burke 
Landing Hydrokinetic Project would have an average annual generation of 
355 gigawatt-hours.
    Applicant Contact: Ramya Swaminathan, Vice President of 
Development, Free Flow Power Corporation, 33 Commercial Street, 
Gloucester, MA 01930; phone: (978) 226-1531.
    FERC Contact: Kim Carter, 202-502-6486.
    Deadline for filing comments, motions to intervene, competing 
applications (without notices of intent), or notices of intent to file 
competing applications: 60 days from the issuance of this notice. 
Comments, motions to intervene, notices of intent, and competing 
applications may be filed electronically via the Internet. See 18 CFR 
385.2001(a)(1)(iii) and the instructions on the Commission's Web site 
under the ``e-Filing'' link. If unable to be filed electronically, 
documents may be paper-filed. To paper-file, an original and eight 
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy 
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For 
more information on how to submit these types of filings please go to 
the

[[Page 34564]]

Commission's Web site located at http://www.ferc.gov/filing-comments.asp. More information about this project, including a copy of 
the application, can be viewed or printed on the ``eLibrary'' link of 
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. 
Enter the docket number (P-13486) in the docket number field to access 
the document. For assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
[FR Doc. E9-16851 Filed 7-15-09; 8:45 am]
BILLING CODE 6717-01-P
[Federal Register Volume 74, Number 135 (Thursday, July 16, 2009)]
[Notices]
[Page 34592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16781]


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

 DEPARTMENT OF JUSTICE

Antitrust Division


Notice Pursuant to the National Cooperative Research and 
Production Act of 1993; the Association of Public-Safety Communications 
Officials International

    Notice is hereby given that, on May 22, 2009, pursuant to Section 
6(a) of the National Cooperative Research and Production Act of 1993, 
15 U.S.C. 4301 et seq. (``the Act''), The Association of Public-Safety 
Communications Officials International (``APCO'') has filed written 
notifications simultaneously with the Attorney General and the Federal 
Trade Commission disclosing (1) the name and principal place of 
business of the standards development organization and (2) the nature 
and scope of its standards development activities. The notifications 
were filed for the purpose of invoking the Act's provisions limiting 
the recovery of antitrust plaintiffs to actual damages under specified 
circumstances.
    Pursuant to Section 6(b) of the Act, the name and principal place 
of business of the standards development organization is: The 
Association of Public-Safety Communications Officials International, 
Daytona Beach, FL. The nature and scope of APCO's standards development 
activities are: Public safety communications, including, but not 
limited to: training and professional development, professional 
qualifications, education, performance programs, technology, systems, 
operations, and other related issues.

Patricia A. Brink,
Deputy Director of Operations, Antitrust Division.
[FR Doc. E9-16781 Filed 7-15-09; 8:45 am]
BILLING CODE 4410-11-P
IN THE SUPREME COURT OF PENNSYLVANIA 

MIDDLE DISTRICT 

DARNELL REID,

Petitioner

v.

PENNSYLVANIA BOARD OF 

PROBATION AND PAROLE,

Respondent

:

:

:

:

:

:

:

:

:

:

:

:

No. 593 MAL 2016

Petition for Allowance of Appeal from 

the Unpublished Memorandum 

Opinion and Order of the 

Commonwealth Court at No. 2589 CD 

2015 entered on August 11, 2016, 

affirming the Decision of the Board of 

Probation & Parole at Nos. KF2425 and 

Parole No: 480GF entered on 

December 2, 2015

ORDER 

PER CURIAM 

AND NOW, this 19th day of May, 2017, the Petition for Allowance of Appeal is 

GRANTED. The Order of the Commonwealth Court is VACATED and this matter is 

REMANDED to the Commonwealth Court for reconsideration of its decision in light of 

Pittman v. Pennsylvania Board of Probation and Parole, __ A.3d __, 2017 WL 1489047 

(Pa. April 26, 2017). 

DECIDED: May 19, 2017
[Federal Register Volume 74, Number 135 (Thursday, July 16, 2009)]
[Notices]
[Page 34550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16951]


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

COMMISSION ON CIVIL RIGHTS


Agenda and Notice of Public Meeting of the Rhode Island Advisory 
Committee

    Notice is hereby given, pursuant to the provisions of the rules and 
regulations of the U.S. Commission on Civil Rights (Commission), and 
the Federal Advisory Committee Act (FACA), that a briefing meeting of a 
subcommittee of the Rhode Island Advisory Committee (Committee) to the 
Commission will convene on Wednesday, July 29, at the Rhode Island 
Urban League, 248 Prairie Avenue, Providence, Rhode Island. The purpose 
of the meeting is for the subcommittee to meet with officers of the 
Rhode Island Police Chiefs Association to discuss the Chiefs' strategic 
plan and its implications on the Committee's report on racial 
profiling.
    Members of the public are entitled to submit written comments. The 
comments must be received in the regional office by August 28, 2009. 
The address is the Eastern Regional Office, 624 Ninth Street NW., Suite 
740, Washington, DC 20425. Persons wishing to e-mail their comments or 
who desire additional information should contact Alfreda Greene, 
Secretary, at 202-376-7533 or by e-mail to: <a href="/cdn-cgi/l/email-protection#3b5e49547b4e48585849155c544d"><span class="__cf_email__" data-cfemail="f095829fb08583939382de979f86">[email protected]</span></a>.
    Hearing-impaired persons who will attend the meeting and require 
the services of a sign language interpreter should contact the Regional 
Office at least ten (10) working days before the scheduled date of the 
meeting.
    Records generated from this meeting may be inspected and reproduced 
at the Eastern Regional Office, as they become available, both before 
and after the meeting. Persons interested in the work of this advisory 
committee are advised to go to the Commission's Web site, http://www.usccr.gov, or to contact the Eastern Regional Office at the above 
e-mail or street address.
    The meeting will be conducted pursuant to the provisions of the 
rules and regulations of the Commission and FACA.

    Dated in Washington, DC, July 13, 2009.
Peter Minarik,
Acting Chief, Regional Programs Coordination Unit.
[FR Doc. E9-16951 Filed 7-15-09; 8:45 am]
BILLING CODE 6335-01-P


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</html>
907 A.2d 1007

#### ASSEM A. ABULKHAIR, PLAINTIFF-PETITIONER, v. REUBEN BANKS, DEFENDANT-RESPONDENT.

September 8, 2006.

Denied.
<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

In connection with the Annual Report of Click Commerce, Inc. (the "Company") on
Form 10-K for the period ended December 31, 2002, as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Michael W. Ferro,
Jr., Chief Executive Officer of the Company, do hereby 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 results of operation of
          the Company.

                                            /s/  Michael W. Ferro, Jr.
                                            ------------------------------------
                                            Michael W. Ferro, Jr.
                                            Chief Executive Officer
Dated:  March 28, 2003
Exhibit 32.1
Chief Executive Officer Certification (Section 906)


                            CERTIFICATION PURSUANT TO
                            18 U.S.C., SECTION 1350,
                             AS ADOPTED 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),  I, the  undersigned  President  and Chief
Executive  Officer of Tidelands Oil & Gas Corporation,  (the  "Company"),  herby
certify that to the best of my knowledge,  the Annual Report on Form 10-K of the
Company for the period ended  December 31, 2005 (the  "Report")  fully  complies
with the  requirements of section 13(a) or 15(d) of the Securities  Exchange Act
of 1934 and that  information  contained in the Report fairly  presents,  in all
material  respects,  the  financial  condition  and results of  operation of the
Company. A signed original of this written statement required by Section 906 has
been provided to the  registrant and will be retained by it and furnished to the
Securities and Exchange Commission or its staff upon request.


Dated: August 21, 2006.                               /s/ Michael Ward
                                                     ---------------------------
                                                     President and CEO
Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 1 of 25 PageID: 181
Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 2 of 25 PageID: 182
Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 3 of 25 PageID: 183
Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 4 of 25 PageID: 184
Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 5 of 25 PageID: 185
Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 6 of 25 PageID: 186
Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 7 of 25 PageID: 187
Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 8 of 25 PageID: 188
Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 9 of 25 PageID: 189
Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 10 of 25 PageID: 190
Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 11 of 25 PageID: 191
Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 12 of 25 PageID: 192
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Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 16 of 25 PageID: 196
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Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 18 of 25 PageID: 198
Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 19 of 25 PageID: 199
Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 20 of 25 PageID: 200
Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 21 of 25 PageID: 201
Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 22 of 25 PageID: 202
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Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 24 of 25 PageID: 204
Case 2:11-cv-03676-FSH-MAH Document 19-4 Filed 11/09/12 Page 25 of 25 PageID: 205
Case 2:11-cr-00165-KSH Document 91 Filed 02/21/12 Page 1 of 1 PageID: 366