alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

JOSEPH BONNER, et al.,

 Plaintiffs,

 v.

PHILIP BRUNO, JR., et al.,

 Defendants.

 CIVIL ACTION NO. 11-2320 (MLC)

 O P I N I O N

PLAINTIFFS’ COUNSEL advised the Court that the defendant Diane 

Tozzolo filed a bankruptcy petition on March 28, 2013 (“Bankruptcy 

Petition”) in the United States Bankruptcy Court for the District 

of Maryland (“Maryland Bankruptcy Court”). (See dkt. entry no. 25, 

7-1-13 Letter from Pls.’ Counsel to Court at 1.) The Court has 

independently confirmed that the Bankruptcy Petition was filed by 

Diane Tozzolo Funkhouser, f/k/a Diane Marie Tozzolo. See Voluntary 

Pet. at 1, In re Funkhouser, No. 13-15465 (Bankr. D. Md. Mar. 28, 

2013), ECF No. 1. 

THE FILING of the Bankruptcy Petition triggered an automatic 

stay of this action insofar as claims are raised against Tozzolo. 

See 11 U.S.C. § 362(a)(1); Maritime Elec. Co., Inc. v. United 

Jersey Bank, 959 F.2d 1194, 1203-05 (3d Cir. 1991). The Court will 

thus stay and administratively terminate the action insofar as it 

has been brought against Tozzolo. Cf. Arpaio v. Dupre, No. 12-

Case 3:11-cv-02320-MLC-TJB Document 26 Filed 07/11/13 Page 1 of 3 PageID: 67
2

3619, 2013 WL 2150869, at *3 (3d Cir. May 20, 2013) (resolving 

appeal, but limiting review of district court’s order to impact 

upon defendant who had not filed for bankruptcy relief).

THE COURT will also stay and administratively terminate the 

action insofar as claims are raised against the defendant Philip 

Bruno, Jr. Such action is taken pursuant to the Court’s inherent 

power to control the docket, to serve the interest of judicial 

efficiency. See Landis v. N. Am. Co., 299 U.S. 248, 254 (1936); 

Rolo v. Gen. Dev. Corp., 949 F.2d 695, 702 (3d Cir. 1991) 

(recognizing district court’s “inherent power to control its 

docket”).

ADMINISTRATIVE TERMINATION of the action is not the equivalent 

of a dismissal with prejudice. See, e.g., Delgrosso v. Sprang & 

Co., 903 F.2d 234, 236 (3d Cir. 1990) (noting that administrative 

termination, unlike a final order and judgment, “permits 

reinstatement and contemplates the possibility of future 

proceedings” and “does not purport to end litigation on the 

merits”). The administrative termination of this action does not 

affect the plaintiffs’ ability to move before the Maryland 

Bankruptcy Court for relief from the automatic stay. See Maritime 

Elec. Co., 959 F.2d at 1204 (“Only the bankruptcy court with 

jurisdiction over a debtor’s case has the authority to grant relief 

from the stay of judicial proceedings against the debtor.”) 

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3

Similarly, it does not affect the plaintiffs’ ability to move to 

reopen the action when justice so requires, pursuant to Local Civil 

Rule 7.1.

THE COURT, for good cause appearing, will issue a separate 

Order.

 s/ Mary L. Cooper 

MARY L. COOPER

United States District Judge

Dated: July 11, 2013

Case 3:11-cv-02320-MLC-TJB Document 26 Filed 07/11/13 Page 3 of 3 PageID: 69
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.                  

###### Small Business Administration

          - [Disaster Declaration #11787 and #11788]

# AGENCY:

U.S. Small Business Administration.

# ACTION:

Amendment 1.

# SUMMARY:

This is an amendment of the Presidential declaration of a major disaster for Public Assistance Only for the State of Arkansas (FEMA-1845-DR), dated 06/16/2009.

*Incident:*                         Severe Storms, Tornadoes, and Flooding.                    

*Incident Period:*                         04/27/2009 through 05/23/2009.                    

*Effective Date:*                         05/23/2009.                    

*Physical Loan Application Deadline Date:*                         08/17/2009.                    

*Economic Injury (EIDL) Loan Application Deadline Date:*                         03/16/2010.                    

# ADDRESSES:

Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

# FOR FURTHER INFORMATION CONTACT:

A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.

# SUPPLEMENTARY INFORMATION:

The notice of the President's major disaster declaration for Private Non-Profit organizations in the State of Arkansas, dated 06/16/2009, is hereby amended to establish the incident period for this disaster as beginning 04/27/2009 and continuing through 05/23/2009.

All other information in the original declaration remains unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

Roger B. Garland,

Acting Associate Administrator for Disaster Assistance.

[FR Doc. E9-17115 Filed 7-16-09; 8:45 am]

BILLING CODE 8025-01-P
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 Quarterly Report of DoMar Exotic Furnishings, Inc. (the
"Company") on Form 10-QSB for the period ended November 30, 2006 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), the
undersigned, in the capacities and on the dates indicated below, hereby
certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that to his 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.

Date: January 5, 2007


/s/ Scott Sieck
----------------------------------------
Scott Sieck, Principal Financial Officer
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5260 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 5260

   To extend the life of the Advisory Committee on Veterans Business 
                   Affairs until September 30, 2006.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 7, 2004

    Ms. DeLauro (for herself and Mr. Turner of Ohio) introduced the 
following bill; which was referred to the Committee on Small Business, 
and in addition to the Committee on Veterans' Affairs, for a period to 
      be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
   To extend the life of the Advisory Committee on Veterans Business 
                   Affairs until September 30, 2006.

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

SECTION 1. EXTENSION OF LIFE OF ADVISORY COMMITTEE ON VETERANS BUSINESS 
              AFFAIRS.

    Section 203(h) of the Veterans Entrepreneurship and Small Business 
Development Act of 1999 (15 U.S.C. 657b note) is amended by striking 
``September 30, 2004'' and inserting ``September 30, 2006''.

SEC. 2. CONFORMING AMENDMENTS RELATING TO ASSUMPTION OF DUTIES OF 
              ADVISORY COMMITTEE ON VETERANS BUSINESS AFFAIRS BY 
              NATIONAL VETERANS BUSINESS DEVELOPMENT CORPORATION.

    Section 33(h) of the Small Business Act (15 U.S.C. 657c(h)) is 
amended--
            (1) by striking ``October 1, 2004'' and inserting ``October 
        1, 2006''; and
            (2) by striking ``of this Act'' and inserting ``of the 
        Veterans Entrepreneurship and Small Business Development Act of 
        1999 (15 U.S.C. 657b note)''.
                                 <all>
```
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5326 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 5326

  To provide additional security for nuclear facilities under certain 
                             circumstances.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2004

  Mrs. Lowey introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
  To provide additional security for nuclear facilities under certain 
                             circumstances.

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

SECTION 1. NO-FLY ZONE NEAR NUCLEAR FACILITIES UNDER CERTAIN 
              CIRCUMSTANCES.

    (a) In General.--If the threat alert level determined by the 
Homeland Security Advisory System is elevated to code orange or code 
red, the Secretary of Transportation shall prohibit any commercial or 
private aircraft from flying below 18,000 feet within a 10-mile radius 
of a nuclear facility.
    (b) Definition.--The term ``nuclear facility'' means a commercial 
nuclear power reactor licensed by the Nuclear Regulatory Commission 
under the Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.).
                                 <all>
```
Fourth Court of Appeals

San Antonio, Texas

MEMORANDUM OPINION

No. 04-16-00825-CV

IN RE Hattie POOLE

Original Mandamus Proceeding1

PER CURIAM

Sitting: Karen Angelini, Justice

Rebeca C. Martinez, Justice

Patricia O. Alvarez, Justice

Delivered and Filed: January 11, 2017

PETITION FOR WRIT OF MANDAMUS DENIED

On December 22, 2016, Relator filed a petition for writ of mandamus and a motion for 

emergency relief. The court has considered the petition for writ of mandamus and is of the opinion 

Relator is not entitled to the relief sought. Accordingly, the petition for writ of mandamus and the 

motion for emergency relief are denied. See TEX. R. APP. P. 52.8(a).

PER CURIAM

 1 This proceeding arises out of Cause No. 2014PC4118, styled In the Estate of Hattie Poole, an Incapacitated Person, 

pending in the Probate Court No. 2, Bexar County, Texas, the Honorable Tom Rickhoff presiding.
Case 3:11-cv-00819-JAP -DEA Document 9-5 Filed 02/17/11 Page 1 of 6 PageID: 397
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Exhibit 32

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 Embarcadero Technologies, Inc. (the Company) on Form 10-K for the period ended December 31, 2005 as filed with the
Securities and Exchange Commission on the date hereof (the Report), we, Stephen Wong, Chief Financial Officer, and Michael Shahbazian, Chief Financial 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 result of operations of
the Company.



|                     |  |                                      
|-------------------- |  | -------------------------------------
|                     | 
|By:                  |  | /S/    STEPHEN WONG                  
|                     |  | Stephen Wong                         
|                     |  | President and Chief Executive Officer
|                    
|Date: March 14, 2006
|                     | 
|By:                  |  | /S/    MICHAEL SHAHBAZIAN            
|                     |  | Michael Shahbazian                   
|                     |  | Chief Financial Officer              
|                    
|Date: March 14, 2006
I 

108TH CONGRESS 

2D SESSION H. R. 5045

To restore State sovereignty. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 9, 2004

Mr. CULBERSON introduced the following bill; which was referred to the 

Committee on Government Reform 

A BILL

To restore State sovereignty.

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 ‘‘Restoration of State 

5 Sovereignty Act of 2004’’. 

6 SEC. 2. STATES TO RETAIN RIGHTS AND AUTHORITIES 

7 THEY DO NOT EXPRESSLY WAIVE. 

8 (a) RETENTION OF RIGHTS AND AUTHORITIES.—No 

9 officer, employee, or other authority of the Federal Gov10 ernment shall enforce against an authority of a State, nor 

11 shall any authority of a State have any obligation to obey, 

12 any requirement imposed as a condition of receiving Fed-
2

•HR 5045 IH 

1 eral financial assistance under a grant program estab2 lished under Federal law, nor shall such program operate 

3 within a State, unless the legislature of that State shall 

4 have by law expressly approved that program and, in doing 

5 so, have waived the State’s rights and authorities to act 

6 inconsistently with any requirement that might be imposed 

7 by the Federal Government as a condition of receiving 

8 that assistance. 

9 (b) DEFINITION OF STATE AUTHORITY.—As used in 

10 this section, the term ‘‘authority of a State’’ includes any 

11 officer or employee of the State and any local government 

12 authority of the State. 

13 (c) EFFECTIVE DATE.—This section applies in each 

14 State beginning at the end of the first regular session of 

15 the legislature of that State that begins after the date of 

16 the enactment of this Act and shall continue to apply in 

17 subsequent years until otherwise provided by law.

Æ
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Exhibit 32.1 CERTIFICATION OF CHIEF EXECUTIVE OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350 In connection with the accompanying Quarterly Report On Form 10-Q of MCA Holdings Corporation (the "Company") for the quarter ending March 31, 2008, I, Wai Leung Cheng, Chief Executive Officer of the Company hereby certify 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 my knowledge and belief, that: 1. Such Quarterly Report on Form 10-Q for the quarter ending March 31, 2008, 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 such Quarterly Report on Form 10-Q for the quarter ending March 31, 2008, fairly presents, in all material respects, the financial condition and results of operations of the Company. Dated:  June 25, 2008 MCA HOLDINGS CORPORATION By: /s/ Wai Leung Cheng Wai Leung Cheng  Exhibit 32.2 CERTIFICATION OF CHIEF FINANCIAL OFFICER
PURSUANT TO 18 U.S.C. SECTION 1350 In connection with the accompanying Quarterly Report On Form 10-Q of MCA Holdings Corporation (the "Company") for the quarter ending March 31, 2008, I, Michael Yu-Lung Wong, Chief Financial Officer of the Company hereby certify 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 my knowledge and belief, that: 1. Such Quarterly Report on Form 10-Q for the quarter ending March 31, 2008, 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 such Quarterly Report on Form 10-Q for the quarter ending March 31, 2008, fairly presents, in all material respects, the financial condition and results of operations of the Company. Dated:  June 25, 2008 MCA HOLDINGS CORPORATION By: /s/ Michael Yu-Lung Wong Michael Yu-Lung Wong
Case 2:11-cv-03525-CCC-MCA Document 19 Filed 11/02/11 Page 1 of 1 PageID: 436
#### Ricky A. WILDMAN, Claimant-Appellant, v. Eric K. SHINSEKI, Secretary of Veterans Affairs, Respondent-Appellee.

No. 2012-7058.

United States Court of Appeals, Federal Circuit.

April 9, 2013.

Kenneth M. Carpenter, Carpenter, Chartered, of Topeka, KS, argued for claimant-appellant.

Daniel Rabinowitz, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for respondent-appellee. With him on the brief were Stuart F. Delery, Acting Assistant Attorney General, Jeanne E. Davidson, Di*979rector, and Steven J. Gillingham, Assistant Director. Of counsel on the brief were Michael J. Timinski, Deputy Assistant General Counsel, and Martin J. Sendek, Attorney, United States Department of Veterans Affairs, of Washington, DC.

MOORE, BRYSON, and WALLACH, Circuit Judges.

JUDGMENT

PER CURIAM.

This Cause having been heard and considered, it is ORDERED and Adjudged:

AFFIRMED. *See*Fed. Cir. R. 36.
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