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

DISTRICT OF NEW JERSEY

THE ESTATE OF MARIE BENEZIANO, : Civil No.11-4087(MLC) 

 Plaintiff, : 

 

v. : O R D E R

SUNRISE OF LINCROFT, et al., :

 

 Defendants :

 

 

 

It appearing that it has been reported to the Court that the

above action has been settled in its entirety; 

 

It is on this 12th day of September, 2012,

ORDERED THAT:

(1) This action is hereby dismissed without costs and 

without prejudice to the right, upon good cause shown within 

60 days, to reopen the action if the settlement is not

consummated.

(2) If any party shall move to set aside this Order of 

Dismissal as provided in the above paragraph or pursuant to the

provisions of Fed. R. Civ. P. 60(b), in deciding such motion the

Court retains jurisdiction of the matter to the extent necessary

to enforce the terms and conditions of any settlement entered 

into between the parties.

 s/Mary L. Cooper 

 MARY L. COOPER 

 United States District Judge

Case 3:11-cv-04087-MLC-LHG Document 16 Filed 09/12/12 Page 1 of 1 PageID: 300
Fourth Court of Appeals

San Antonio, Texas

September 14, 2022

No. 04-20-00599-CV

IN THE MATTER OF THE MARRIAGE OF CARLOS Y. BENAVIDES, JR. AND 

LETICIA R. BENAVIDES,

From the County Court At Law No 1, Webb County, Texas

Trial Court No. 2011-PB6-000081-L2-A

Honorable Hugo Martinez, Judge Presiding

O R D E R

Sitting: Irene Rios, Justice

Beth Watkins, Justice

Lori I. Valenzuela, Justice

In this appeal, appellant raised numerous issues challenging six partial summary 

judgments. On February 24, 2022, this court heard oral arguments on two of appellant’s issues. 

Prior to submission of this appeal, this court issued an opinion in another appeal 

involving the same parties. See Benavides v. Alexander, No. 04-19-00318-CV, 2021 WL 

5088742 (Tex. App.—San Antonio Nov. 3, 2021, pet. filed). After we issued our opinion in 

Benavides v. Alexander, the appellant filed a petition for review with the Texas Supreme Court. 

See Leticia Benavides v. Cristina B. Alexander, as Permanent Guardian of the Person of Carlos 

Y. Benavides, Jr.; et al.; No. 22-0173 (Tex.). 

Because it appeared the Texas Supreme Court’s resolution of some of the issues in

Benavides v. Alexander might have an impact on the present appeal, we abated the present 

appeal until the Supreme Court resolved Benavides v. Alexander. We also withdrew the 

submission date of February 24, 2022. On July 15, 2022, the Supreme Court denied appellant’s 

petition for review in Benavides v. Alexander.

On July 15, 2022, appellant filed an Unopposed Motion to Lift Abatement in which 

appellant stated she did not intend to file a motion for rehearing with the Supreme Court in 

Benavides v. Alexander. The motion is GRANTED.

This appeal is REINSTATED on the court’s docket and will be SUBMITTED for 

consideration on October 18, 2022.

FILE COPY
It is so ORDERED on September 14, 2022.

PER CURIAM

ATTESTED TO:__________________________

 MICHAEL A. CRUZ, 

 CLERK OF COURT

FILE COPY
```

CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO SECTION
                     906 OF THE SARBANES-OXLEY ACT OF 2002

Certification of chief executive officer

In connection with the Annual Report of Tekron, Inc, a Delaware corporation (the
"Company"), on Form 10-KSB for the year ending March 31, 2003 as filed with the
Securities and Exchange Commission (the "Report"), I, Luigi Brun, Chief
Executive Officer of the Company, certify, pursuant to 906 of the Sarbanes-Oxley
Act of 2002 (18 U.S.C. 1350), 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; and

        (2)   The information contained in the Report fairly presents, in all
              material respects, the financial condition and result of
              operations of the Company.

/s/ Luigi Brun
    Luigi Brun Chief Executive Officer
    July 11, 2003
```
I 

108TH CONGRESS 

2D SESSION H. R. 5401 

To amend section 304 of the Tariff Act of 1930 with respect to the marking 

of imported home furniture. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 19, 2004 

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

Committee on Ways and Means 

A BILL 

To amend section 304 of the Tariff Act of 1930 with respect 

to the marking of imported home furniture. 

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

3 SECTION 1. MARKING OF IMPORTED HOME FURNITURE. 

4 (a) IN GENERAL.—Section 304 of the Tariff Act of 

5 1930 (19 U.S.C. 1304) is amended— 

6 (1) by redesignating subsections (i), (j), (k), 

7 and (l) as (j), (k), (l), and (m), respectively; and 

8 (2) by inserting after subsection (h) the fol9 lowing new subsection: 
2 

•HR 5401 IH 

1 ‘‘(i) MARKING OF HOME FURNITURE.—No exception 

2 shall be made under subsection (a)(3) of this section with 

3 respect to home furniture, each piece of which shall have, 

4 in addition to the permanent marking required by sub5 section (a), a hang tag or paper label affixed in such a 

6 manner that a retail purchaser viewing the piece of 

7 unpackaged furniture can identify the country of origin 

8 on initial inspection without rotating, turning, or tilting 

9 the piece of home furniture. The hang tag or paper label 

10 shall be at least 70 square centimeters in size, shall be 

11 affixed in such a manner that it remains on the piece of 

12 home furniture until the piece reaches the ultimate retail 

13 consumer, and shall not be affixed to the back or under14 side of the piece of furniture.’’; and 

15 (3) in subsection (k), as so redesignated, by 

16 striking ‘‘subsection (i)’’ and inserting ‘‘subsection 

17 (j)’’. 

18 (b) EFFECTIVE DATE.—The amendments made by 

19 this section shall apply to articles entered, or withdrawn 

20 from warehouse for consumption, on or after the date that 

21 is 180 days after the date of the enactment of this Act. 

Æ
Case 2:11-cv-01953-KM-LDW Document 38 Filed 02/29/12 Page 1 of 1 PageID: 407
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 of OSK Capital III Corp., (the "Company") on Form 10-KSB for the
period ending December 31, 2003 (the "Report"), I, Frank L. Kramer, Secretary and a Director 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:

> 1) The Report fully complies with the requirement 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 Company's
> financial position and results of operations.

/s/Frank L. Kramer



 Frank L. Kramer,

 Secretary and a Director

April 8, 2004
LKQ-EX10.16_2012.12.31-10K


Exhibit 10.16










M E M O R A N D U M 


	
			
	TO:
	 
	 

	 
	 
	 

	FROM:
	Compensation Committee
	 

	 
	 
	 

	DATE:
	____________, 2013
	 

	 
	 
	 

	RE:
	2013 Bonus Program
	 

	 
	 
	 

	 
	 
	 






You have been selected to participate in the LKQ Corporation Management Incentive Plan (“MIP”) for purposes of your potential 2013 bonus.  The potential bonus described in this letter is subject to all of the terms and conditions set forth in the MIP (a copy of which is attached to this letter).


		
	Performance Period:
	January 1, 2013 to December 31, 2013




		
	Performance Goals:
	The diluted earnings per share of LKQ Corporation ("EPS") for the Performance Period; provided, however, that EPS shall be increased to the extent that EPS was reduced in accordance with GAAP by objectively determinable amounts due to:




1. A change in accounting policy or GAAP;
2. Dispositions of assets or businesses; 
3. Asset impairments; 
4. Amounts incurred in connection with any financing; 
5. Losses on interest rate swaps resulting from mark to market adjustments or discontinuing hedges; 
6. Board approved restructuring or similar charges including but not limited to charges in conjunction with or in anticipation of an acquisition; 
7. Losses related to environmental, legal, product liability or other contingencies; 
8. Changes in tax laws; 
9. Losses from discontinued operations; and 
10. Other extraordinary, unusual or infrequently occurring items as disclosed in the Company's financial statements or filings under the Securities Exchange Act of 1934.









In addition, the Compensation Committee shall adjust the Performance Goals or other features of the Award that relate to the value or number of the shares of common stock of the Company to reflect any stock dividend, stock split, recapitalization, combination or exchange of shares, or other similar changes in such stock.  Notwithstanding the foregoing, the Compensation Committee, in its sole discretion, may reduce the Actual Award payable to you below that which otherwise would be payable pursuant to the Payout Formula or may eliminate the Actual Award.


		
	Target Award:
	___% of Base Salary




Payout Formula:            
            
		
	EPS ($)
	Percentage of Base Salary


		
	Less than ___
	0


		
	___
	___


		
	___
	___


		
	___
	___


		
	___
	___


		
	___
	___


		
	___
	___


		
	___
	___
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5303 Introduced in House (IH)]

108th CONGRESS
  2d Session
                                H. R. 5303

 To provide for the establishment of a Department of Veterans Affairs 
Community-Based Outpatient Clinic (CBOC) for veterans on the grounds of 
            the Navy Supply Corps School in Athens, Georgia.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2004

  Mr. Burns introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
 To provide for the establishment of a Department of Veterans Affairs 
Community-Based Outpatient Clinic (CBOC) for veterans on the grounds of 
            the Navy Supply Corps School in Athens, Georgia.

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

SECTION 1. DEPARTMENT OF VETERANS AFFAIRS COMMUNITY-BASED OUTPATIENT 
              CLINIC, NAVY SUPPLY CORPS SCHOOL, ATHENS, GEORGIA.

    (a) Project Authorization.--The Secretary of Veterans Affairs is 
authorized--
            (1) to work with the Secretary of the Navy in developing on 
        the grounds of the Navy Supply Corps School in Athens, Georgia, 
        a site suitable for a medical facility; and
            (2) to construct on that site a joint Navy-Department of 
        Veterans Affairs Community-Based Outpatient Clinic, as called 
        for in the Capital Asset Realignment for Enhanced Services 
        (CARES) strategic plan approved by the Secretary of Veterans 
        Affairs.
    (b) Funding.--There are authorized to be appropriated such sums as 
may be necessary for the purposes of subsection (a).
    (c) Definition.--For purposes of this section:
            (1) The term ``medical facility'' has the meaning given 
        that term in section 8101(3) of title 38, United States Code.
            (2) The term ``Community-Based Outpatient Clinic'' has the 
        meaning given that term in the Department of Veterans Affairs' 
        Capital Asset Realignment for Enhanced Services (CARES) 
        strategic plan.
                                 <all>
```
**EXHIBIT 32.1****Section 906 Principal Executive Officer Certification**I, Michael L. Chasen, Chief Executive Officer of Blackboard Inc. (“the Company”), do herebycertify, under the standards set forth in and solely for the purposes of 18 U.S.C. Section 1350, asadopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:1. The Annual Report on Form 10-K of the Company for the fiscal year ended December 31, 2004 (the“Annual Report”) fully complies with the requirements of Section 13(a) or 15(d) of the SecuritiesExchange Act of 1934 (15 U.S.C. 78m or 78o(d)) and2. The information contained in the Annual Report fairly presents, in all material respects, thefinancial condition and results of operations of the Company.Dated:February 15, 2006              /s/ MICHAEL L. CHASEN   Michael L. Chasen   Chief Executive Officer
No. 07-13-00376-CR

William Lee McMillan, Jr. From the 108th District Court

Appellant of Potter County

v. February 12, 2014

The State of Texas Opinion by Justice Hancock

Appellee §

§

§

§

§

§

J U D G M E N T

Pursuant to the opinion of the Court dated February 12, 2014, it is ordered,

adjudged and decreed that this appeal be dismissed for want of jurisdiction.

It is further ordered, adjudged and decreed that appellant pay all costs incurred

by reason of this appeal for which let execution issue.

It is further ordered that this decision be certified below for observance.

o O o
#### Eduardo Ballestero et al., Appellants, v Haf Edgecombe Associates, L.P., et al., Respondents.

[823 NYS2d 512]

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Ruchelsman, J.), dated July 11, 2005, which granted the defendants’ motion to dismiss the complaint, and denied their cross motion to restore the action to the trial calendar.

Ordered that the order is reversed, on the law and in the exercise of discretion, with costs, the motion to dismiss the complaint is denied, and the cross motion to restore the action to the trial calendar is granted.

The plaintiff Eduardo Ballestero (hereinafter the injured plaintiff), sustained injuries in 1992 while working at a construction site. At some point, he became a “civilian [employed] by the United States Department of Defense as an Able Body Seaman.” There is some evidence that his duties required him to be “stationed outside the Continental United States,” and permitted him to “return home [only] when [he had] leave and/or vacation time.” At his deposition, the injured plaintiff testified that he worked on an “ammunition ship” that traveled to “different places like Guam . . . Japan [and] Korea.”

A note of issue was filed in 1999. The defendants did not make a timely motion to vacate that note of issue *(see*22 NYCRR 202.21 [e]). At various times, the action was stayed, or placed on a “stay calendar,” which may have been done as the result of an incorrect belief that the injured plaintiff was “in military service” (Military Law § 304; *see*22 NYCRR 212.18 [fD.

The defendants moved to dismiss the complaint as abandoned pursuant to CFLR 3216, but the Supreme Court relied on CFLR *9533404 in dismissing the action. Dismissal was not appropriate under either statute. First, there was no proof that the action was marked “off” the calendar as that term is used in CPLR 3404. The issuance of a stay of the action, or the placement of the action on the equivalent of a military calendar was not the equivalent of marking the case “off’ the calendar *(see generally Basetti v Nour,*287 AD2d 126, 132-133 [2001]; *cf. Travis v Cuff,*28 AD3d 749 [2006]; *Islam v Katz Realty Co.,*296 AD2d 566, 568 [2002]).

Nor was dismissal warranted pursuant to CPLR 3216. The plaintiffs filed a timely note of issue. CPLR 3216 is no longer available based on a plaintiff’s “unreasonable neglect to proceed” after the filing of the note of issue *(Chase v Scavuzzo,*87 NY2d 228, 231, 233 [1995]; see CPLR 3216 [d]; *Basetti v Nour, supra*at 128; *Lopez v Imperial Delivery Serv.,*282 AD2d 190, 194 [2001]).

Accordingly, the Supreme Court erred in granting the motion to dismiss the action and in denying the cross motion to restore the action to the trial calendar. Crane, J.P, Luciano, Rivera and Limn, JJ., concur.
EXHIBIT 32.1
 CERTIFICATION OF PRINCIPAL EXECUTIVE OFFICER PURSUANT TO 18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
  (1)
    
    The Quarterly Report on Form 10-Q for the period ended June 30, 2009 of the Company
(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: August 7, 2009
    /s/ RYUJI UENORyuji Ueno, M.D., Ph.D., Ph.D.Chief Executive Officer
(Principal Executive Officer)
Kevin H. Marino 

John D. Tortorella 

MARINO, TORTORELLA & BOYLE, P.C. 

437 Southern Boulevard 

Chatham, NJ 07928-1488 

Tel: (973) 824-9300 

Fax: (973) 824-8425 

John L. Hardiman 

Brian T. Frawley 

David M. Sollors 

Matthew J. Porpora 

SULLIVAN & CROMWELL LLP 

125 Broad Street 

New York, NY 10004-2498 

Tel: (212) 558-4000 

Fax: (212) 558-3588 

Attorneys for Defendants Medco Health Solutions, Inc., 

Howard W. Barker, Jr., John L. Cassis, Michael Goldstein, 

Charles M. Lillis, Myrtle S. Potter, William L. Roper, 

David B. Snow, Jr., David D. Stevens and Blenda J. Wilson 

UNITED STATES DISTRICT COURT 

DISTRICT OF NEW JERSEY 

IN RE: 

MEDCO/EXPRESS SCRIPTS MERGER 

LITIGATION 

) 

) 

) 

) 

) 

) 

) 

) 

Hon. Dennis M. Cavanaugh 

Civil Action No. 11 Civ. 4211 (DMC/MF) 

NOTICE OF APPEARANCE

 

PLEASE TAKE NOTICE that John D. Tortorella of Marino, Tortorella & Boyle, P.C., 

hereby enters his appearance as counsel of record for Defendants Medco Health Solutions, Inc., 

Howard W. Barker, Jr., John L. Cassis, Michael Goldstein, Charles M. Lillis, Myrtle S. Potter, 

William L. Roper, David B. Snow, Jr., David D. Stevens and Blenda J. Wilson in this matter. 

Dated: September 23, 2011 MARINO, TORTORELLA & BOYLE, P.C. 

 Chatham, New Jersey 

 BY: /s/ John D. Tortorella 

John D. Tortorella 

Case 2:11-cv-04211-DMC -MF Document 54 Filed 09/23/11 Page 1 of 1 PageID: 2547
HOUSEHOLD DATA HOUSEHOLD DATA

ANNUAL AVERAGES ANNUAL AVERAGES

28. Unemployed persons by reason for unemployment, race, and Hispanic or Latino ethnicity

(Numbers in thousands)

Reason

White Black or African

American Asian Hispanic or Latinoethnicity

2009 2010 2009 2010 2009 2010 2009 2010

NUMBER OF UNEMPLOYED

 Total unemployed .................................................................. 10,648 10,916 2,606 2,852 522 543 2,706 2,843

Job losers and persons who completed temporary jobs .......... 7,046 7,026 1,521 1,613 322 331 1,779 1,768

 On temporary layoff ................................................................ 1,388 1,203 157 154 38 32 329 309

 Not on temporary layoff .......................................................... 5,658 5,823 1,364 1,460 284 299 1,450 1,459

 Permanent job losers ............................................................ 4,642 4,796 1,072 1,157 243 260 1,096 1,091

 Persons who completed temporary jobs .............................. 1,016 1,027 292 303 41 39 355 368

Job leavers ............................................................................... 659 672 141 149 39 35 132 140

Reentrants ................................................................................ 2,235 2,394 704 803 111 122 560 649

New entrants ............................................................................ 708 823 241 287 50 56 234 285

PERCENT DISTRIBUTION

 Total unemployed .................................................................. 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0

 Job losers and persons who completed temporary jobs ......... 66.2 64.4 58.4 56.6 61.7 60.9 65.8 62.2

 On temporary layoff ............................................................... 13.0 11.0 6.0 5.4 7.3 5.9 12.2 10.9

 Not on temporary layoff ......................................................... 53.1 53.3 52.3 51.2 54.4 55.0 53.6 51.3

 Job leavers .............................................................................. 6.2 6.2 5.4 5.2 7.5 6.4 4.9 4.9

 Reentrants ............................................................................... 21.0 21.9 27.0 28.1 21.2 22.4 20.7 22.8

 New entrants ........................................................................... 6.7 7.5 9.2 10.1 9.6 10.3 8.7 10.0

UNEMPLOYED AS A PERCENT OF THE

 CIVILIAN LABOR FORCE

 Job losers and persons who completed temporary jobs ......... 5.6 5.6 8.6 9.0 4.5 4.6 8.0 7.8

 Job leavers .............................................................................. .5 .5 .8 .8 .5 .5 .6 .6

 Reentrants ............................................................................... 1.8 1.9 4.0 4.5 1.5 1.7 2.5 2.9

 New entrants ........................................................................... .6 .7 1.4 1.6 .7 .8 1.0 1.3

 NOTE: Estimates for the above race groups (white, black or African American, and Asian) do not sum to totals because data are not presented for all races. 

Persons whose ethnicity is identified as Hispanic or Latino may be of any race. Updated population controls are introduced annually with the release of January

data.

45
I 

108TH CONGRESS 

2D SESSION H. R. 5242 

To amend title 18, United States Code, to prohibit certain interstate conduct 

relating to captive mammals. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 7, 2004 

Mr. FARR (for himself, Mr. SHAYS, Mr. LEACH, Ms. BALDWIN, Mr. VAN

HOLLEN, Mr. BLUMENAUER, Mr. GEORGE MILLER of California, Ms. 

LEE, Mr. WEXLER, Mr. GREENWOOD, Ms. SOLIS, Ms. ESHOO, Mr. 

SHERMAN, Mr. MORAN of Virginia, Mr. BERMAN, Mr. HONDA, Mr. 

GRIJALVA, Mr. NADLER, Mrs. MALONEY, Mr. EVANS, Mr. ACKERMAN, 

and Mr. INSLEE) introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To amend title 18, United States Code, to prohibit certain 

interstate conduct relating to captive mammals. 

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 ‘‘Captive Mammal Pro5 tection Act of 2004’’. 
2 

•HR 5242 IH 

1 SEC. 2. TRANSPORT OR POSSESSION OF CAPTIVE MAM2 MALS FOR PURPOSES OF KILLING OR INJUR3 ING THEM. 

4 (a) IN GENERAL.—Chapter 3 of title 18, United 

5 States Code, is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 49. Captive mammals 

8 ‘‘(a) PROHIBITION.—Whoever, in or affecting inter9 state or foreign commerce, knowingly transfers, trans10 ports, or possesses a captive mammal, for the purposes 

11 of allowing the killing or injuring of that mammal for en12 tertainment or for the collection of a trophy, shall be fined 

13 under this title, imprisoned not more than 1 year, or both. 

14 ‘‘(b) DEFINITIONS.—In this section— 

15 ‘‘(1) the term ‘captive mammal’ means a mam16 mal that has been held in captivity, whether or not 

17 the defendant knows the length of the captivity, for 

18 the shorter of— 

19 ‘‘(A) the majority of the animal’s life; or 

20 ‘‘(B) a period of 1 year; and 

21 ‘‘(2) the term ‘captivity’ does not include any 

22 period during which an animal lives as it would in 

23 the wild— 

24 ‘‘(A) surviving primarily by foraging for 

25 naturally occurring food; 
3 

•HR 5242 IH 

1 ‘‘(B) roaming at will over an open area of 

2 not less than 1,000 acres; and 

3 ‘‘(C) having the opportunity to avoid hunt4 ers.’’. 

5 (b) CONFORMING AMENDMENT.—The table of sec6 tions at the beginning of chapter 3 of title 18, United 

7 States Code, is amended by adding at the end the fol8 lowing new item: 

‘‘49 Captive mammals.’’. 

Æ