alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . R. 47.5, the court has determ ined that this opinio n should not be published and is not precedent except under the limited circumstances set forth in 5 TH CIR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

### FILED April 3, 2007 Charles R. Fulbruge III Clerk 

### In The United States Court Of Appeals For The Fifth Circuit
No. 06-30473 Summary Calendar BETTY J. VERDIN,

Plaintiff–Appellant,
v. ALVIN VERDIN, Captain; KATHERINE M. VERDIN, Deputy; RAMBY CORMIER, Deputy; TONY MANCUSO, Sheriff,

Defendants–Appellees.

Appeal from the United States District Court for the Eastern District of Louisiana No. 2:04-CV-02554 Before SMITH, WIENER, and OWEN, Circuit Judges. PER CURIAM: * Betty J. Verdin, pro se , appeals the district court’s adverse summary judgment on her fraud, identity theft and civil rights claims against the defendants, Alvin Verdin, Katherine M. Verdin, Ramby Cormier, and Tony Mancuso. We affirm. Betty Verdin had ample opportunity to conduct discovery and respond to the defendants’ summary judgment motion, but she failed to “submit or identify evidence in the record to show the existence of a genuine1Malacara v. Garber, 353 F.3d 393, 404 (5th Cir. 2003); see FED . R. CIV . P. 56(c) (Sum mary judgment shall be granted “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavit s, if any, show that there is no genuine issue as to any material fact and the moving party is entitled to a judgment as a matter of law.”).

2 Theriot v. Parish of Jefferson , 185 F.3d 477, 491 n.26 (5th Cir. 1999). 2 issue of material fact as to each element of the cause[s] of action.” 1 On appeal, Betty Verdin produced several documents that were not submitted to the district court, but “[a]n appellate court may not consider new evidence furnished for the first time on appeal and may not consider facts [that] were not before the district court at the time of the challenged ruling.” 2 Even if the documents Verdin submitted on appeal were considered, they would not raise a fact issue as to any of Verdin’s claims.
AFFIRMED; SUPPLEMENTATION DENIED
EX-10.3



 Exhibit 10.3 
 THIRD AMENDMENT 
 TO 

EMPLOYMENT AGREEMENT 
 This Third Amendment (“Amendment”) is made as of the
10th day of March, 2013 to the Employment Agreement
(“Employment Agreement”) dated as of January 17, 2003, as subsequently amended, by and between Boston Properties, Inc., a Delaware corporation with its principal executive office in Boston, Massachusetts (the
“Company”), and Mortimer B. Zuckerman (“Employee”). 
 WHEREAS, the parties hereto desire
to amend the Employment Agreement to extend the term; and 
 WHEREAS, the parties hereto desire that this Amendment be deemed a
modification and an amendment to the Employment Agreement. 
 NOW, THEREFORE, in consideration of the mutual covenants contained
herein, the Company and Employee agree as follows: 
 1. Paragraph 1 of the Employment Agreement is amended by deleting said
Paragraph in its entirety and substituting therefor the following: 
 “1. TERM. Subject to the provisions of
Paragraph 8, the term of employment pursuant to this Agreement (the ‘Term’) shall run through July 1, 2014 unless further extended by mutual agreement.” 

2. All other provisions of the Employment Agreement shall remain in full force and effect according to their respective terms, and
nothing contained herein shall be deemed a waiver of any right or abrogation of any obligation otherwise existing under the Employment Agreement except to the extent specifically provided for herein. 

IN WITNESS WHEREOF, this Amendment has been executed as a sealed instrument by the Company and by Employee as of the date first above
written. 
  

					
	BOSTON PROPERTIES, INC.
		
	By:	 	 /s/ Eric G. Kevorkian

		 	Name:	 	Eric G. Kevorkian
		 	Title:	 	Senior Vice President,
		 		 	Senior Corporate Counsel


  

	
	 /s/ Mortimer B. Zuckerman

	Mortimer B. Zuckerman
Case 3:11-cv-00247-MLC-LHG Document 102-2 Filed 09/21/12 Page 1 of 1 PageID: 1320
Exhibit
32.1




CERTIFICATION
OF PERIODIC REPORT




Pursuant
to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002,  the undersigned officer of Seaway Valley
Capital Corporation (the "Company") certifies that:




1. The
Quarterly Report on Form 10-Q/A (Amendment No. 1) of the Company for the Quarter
ended March 31, 2008 (the "Report") fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or
78o(d)); and




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





/S/
            THOMAS SCOZZAFAVATHOMAS
      SCOZZAFAVAChief
      Executive Officerand
      Chief Financial OfficerDate:
            
            August
      12, 2008







This
certification is made solely for the purpose of 18 U.S.C. Section 1350, subject
to the knowledge standard contained therein, and not for any other
purpose.
HOUSEHOLD DATA

ANNUAL AVERAGES

30. Unemployed total and full-time workers by duration of unemployment

[Numbers in thousands]

Duration of unemployment

Total Full-time workers

Unemployed Percent distribution Unemployed Percent distribution

2015 2016 2015 2016 2015 2016 2015 2016

Total unemployed. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8,296 7,751 100.0 100.0 6,888 6,345 100.0 100.0

Less than 5 weeks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,399 2,362 28.9 30.5 1,780 1,723 25.8 27.2

5 to 14 weeks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,302 2,226 27.7 28.7 1,894 1,819 27.5 28.7

5 to 10 weeks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,541 1,489 18.6 19.2 1,247 1,196 18.1 18.9

11 to 14 weeks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 761 737 9.2 9.5 647 623 9.4 9.8

15 weeks and over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,595 3,163 43.3 40.8 3,214 2,803 46.7 44.2

15 to 26 weeks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,267 1,158 15.3 14.9 1,117 1,002 16.2 15.8

27 weeks and over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2,328 2,005 28.1 25.9 2,098 1,801 30.5 28.4

27 to 51 weeks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 782 681 9.4 8.8 710 613 10.3 9.7

52 weeks and over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1,546 1,323 18.6 17.1 1,388 1,188 20.1 18.7

Average (mean) duration, in weeks. . . . . . . . . . . . . . . . . . . . . . . . . . 29.2 27.5 – – 31.2 29.7 – –

Median duration, in weeks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11.6 10.6 – – 13.1 12.1 – –

NOTE: Full-time workers are unemployed persons looking for full-time work (35 hours or more per week) or on layoff from full-time jobs. Updated population controls are

introduced annually with the release of January data. Dash indicates no data or data that do not meet publication criteria (values not shown where base is less than

35,000).

1
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 ThermoEnergy Corporation (the "Company")
on Form 10-Q for the period ended September 30, 2010, as filed with the
Securities and Exchange Commission on the date hereof (the “Report"), I, Teodor
Klowan, Jr., Executive Vice President and Chief Financial Officer of the
Company, certify to the best of my knowledge, pursuant to 18 U.S.C. Sec. 1350,
as adopted pursuant to Sec. 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:
November 15, 2010





By:
                /s/
      Teodor Klowan, Jr.Name:
      Teodor Klowan, Jr., CPATitle:
      Executive Vice President and Chief Financial
  Officer
Case 1:11-cv-02658-JBS-KMW Document 67 Filed 02/21/13 Page 1 of 10 PageID: 2269
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Case 1:11-cv-02658-JBS-KMW Document 67 Filed 02/21/13 Page 10 of 10 PageID: 2278
[Federal Register Volume 74, Number 131 (Friday, July 10, 2009)]
[Notices]
[Page 33269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16362]


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

DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Approval of the Strawn Group, as a Commercial Gauger

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Notice of approval of the Strawn Group, as a commercial gauger.

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

SUMMARY: Notice is hereby given that, pursuant to 19 CFR 151.13, the 
Strawn Group, 3855 Villa Ridge, Houston, TX 77068, has been approved to 
gauge petroleum, petroleum products, organic chemicals and vegetable 
oils for customs purposes, in accordance with the provisions of 19 CFR 
151.13. Anyone wishing to employ this entity to conduct gauger services 
should request and receive written assurances from the entity that it 
is approved by the U.S. Customs and Border Protection to conduct the 
specific gauger service requested. Alternatively, inquiries regarding 
the specific gauger service this entity is approved to perform may be 
directed to the U.S. Customs and Border Protection by calling (202) 
344-1060. The inquiry may also be sent to <a href="/cdn-cgi/l/email-protection#680b0a184604090a0019280c001b460f071e"><span class="__cf_email__" data-cfemail="d4b7b6a4fab8b5b6bca594b0bca7fab3bba2">[email protected]</span></a>. Please 
reference the Web site listed below for a complete listing of CBP 
approved gaugers and accredited laboratories: http://cbp.gov/xp/cgov/import/operations_support/labs_scientific_svcs/commercial_gaugers/.

DATES: The approval of the Strawn Group, as a commercial gauger became 
effective on December 31, 2008. The next triennial inspection date will 
be scheduled for December 2011.

FOR FURTHER INFORMATION CONTACT: Anthony Malana, Laboratories and 
Scientific Services, U.S. Customs and Border Protection, 1300 
Pennsylvania Avenue, NW., Suite 1500N, Washington, DC 20229, 202-344-
1060.

    Dated: July 2, 2009.
Ira S. Reese,
Executive Director, Laboratories and Scientific Services.
[FR Doc. E9-16362 Filed 7-9-09; 8:45 am]
BILLING CODE 9111-14-P


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</html>
(GLJ PETROLIUM LOGO)
    
    Principal Officers:
Harry Jung, P. Eng.
     President, C.E.O.
Dana B. Laustsen, P. Eng.
     Executive V.P., C.O.O.
Keith M. Braaten, P. Eng.
     Executive V.P.Officers / Vice Presidents:
Terry L. Aarsby, P. Eng.
Jodi L. Anhorn, P. Eng.
Leonard L. Herchen, P. Eng.
Myron J. Hladyshevsky, P. Eng.
Bryan M. Joa, P. Eng.
Mark Jobin, P. Geol.
John E. Keith, P. Eng.
John H. Stilling, P. Eng.
Douglas R. Sutton, P. Eng.
James H. Willmon, P. Eng.
 LETTER OF CONSENT
   GLJ PETROLEUM CONSULTANTS LTD.
 Originally Signed by
================================================================================

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

Solely for the purposes  of complying  with 18 U.S.C.  Section  1350, as adopted
pursuant to Section 906 of the  Sarbanes-Oxley  Act of 2002, I, the  undersigned
Chief  Financial  Officer  of  Speaking  Roses   International,   Inc.,  a  Utah
corporation (the  "Company"),  hereby certify,  based on my knowledge,  that the
Quarterly  Report on Form 10-QSB of the Company for the three months ended March
31, 2007 (the "Report") fully complies with the requirements of Section 13(a) 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 operations of the Company.

By  /s/ David R. Nichols
David R. Nichols
Chief Financial Officer

June 20, 2007





--------------------------------------------------------------------------------
[Federal Register Volume 74, Number 139 (Wednesday, July 22, 2009)]
[Notices]
[Page 36190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17337]



[[Page 36190]]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[EG09-37-000]


Optim Energy Cedar Bayou 4, LLC; Notice of Effectiveness of 
Exempt Wholesale Generator Status

July 14, 2009.
    Take notice that during the month of June 2009, the status of the 
above-captioned entities as Exempt Wholesale Generators became 
effective by operation of the Commission's regulations 18 CFR 366.7(a).

Kimberly D. Bose,
Secretary.
[FR Doc. E9-17337 Filed 7-21-09; 8:45 am]
BILLING CODE 6717-01-P
[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Notices]
[Page 35896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17289]


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

NUCLEAR REGULATORY COMMISSION


Advisory Committee on Reactor Safeguards Meeting of the ACRS 
Subcommittee on Plant Operations and Fire Protection; Notice of Meeting

    The ACRS Subcommittee on Plant Operations and Fire Protection will 
hold a meeting on August 18, 2009, in the Commission Hearing Room, 
11555 Rockville Pike, Rockville, Maryland.
    The entire meeting will be open to public attendance.
    The agenda for the subject meeting shall be as follows:

Tuesday, August 18, 2009, 8:30 a.m.-12 p.m.

    The Subcommittee will review draft final Revision 2 to Regulatory 
Guide 1.189, ``Fire Protection for Nuclear Power Plants.'' The 
Subcommittee will hear presentations by and hold discussions with 
representatives of the NRC staff, the Nuclear Energy Institute, and 
other interested persons regarding these matters. The Subcommittee will 
gather information, analyze relevant issues and facts, and formulate 
proposed positions and actions, as appropriate, for deliberation by the 
full Committee.
    Members of the public desiring to provide oral statements and/or 
written comments should notify the Designated Federal Official, Peter 
Wen (telephone: 301-415-2832, e-mail: <a href="/cdn-cgi/l/email-protection#e4b481908196cab3818aa48a9687ca838b92"><span class="__cf_email__" data-cfemail="abfbcedfced985fccec5ebc5d9c885ccc4dd">[email protected]</span></a>), five days 
prior to the meeting, if possible, so that appropriate arrangements can 
be made. Thirty-five hard copies of each presentation or handout should 
be provided to the Designated Federal Official 30 minutes before the 
meeting. In addition, one electronic copy of each presentation should 
be e-mailed to the Designated Federal Official 1 day before the 
meeting. If an electronic copy cannot be provided within this 
timeframe, presenters should provide the Designated Federal Official 
with a CD containing each presentation at least 30 minutes before the 
meeting. Electronic recordings will be permitted only during those 
portions of the meeting that are open to the public. Detailed 
procedures for the conduct of and participation in ACRS meetings were 
published in the Federal Register on October 6, 2008, (73FR 58268-
58269).
    Further information regarding this meeting can be obtained by 
contacting the Designated Federal Official (DFO) between 7:30 a.m. and 
5:15 p.m. (ET). Persons planning to attend this meeting are urged to 
contact the DFO at least two working days prior to the meeting to be 
advised of any potential changes to the agenda.

    Dated: July 15, 2009.
Cayetano Santos,
Chief, Reactor Safety Branch A, Advisory Committee on Reactor 
Safeguards.
[FR Doc. E9-17289 Filed 7-20-09; 8:45 am]
BILLING CODE 7590-01-P


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</html>
#### The People of the State of New York, Respondent, v Jorge Rodriguez, Also Known as George Rodriguez, Appellant.

[854 NYS2d 496]

*904The County Court properly found the defendant to be a persistent violent felony offender based on his 1985 and 1996 convictions. The defendant is estopped from challenging his 1985 conviction because he did not challenge its constitutionality in 1996, when it served as the predicate for his sentencing as a second violent felony offender (see CPL 400.15 [8]; *People v Adelman,*36 AD3d 926, 928 [2007]; *People v Mastropietro,*198 AD2d 443, 443-444 [1993]). With respect to the 1996 conviction, the defendant contends that it cannot serve as a predicate because he was not advised that his guilty plea would subject him to mandatory, enhanced punishment upon his conviction of another violent felony. This contention is without merit. The possibility of enhanced punishment for a crime that may be committed in the future is a collateral consequence of the plea, and the court has no duty to inform the defendant of such a consequence *(see People v Ford,*86 NY2d 397, 403 [1995]; *People v McGrath,*43 NY2d 803, 804 [1977]; *People v Depeyster,*115 AD2d 613 [1985]).

The defendant’s remaining contentions are without merit. Skelos, J.P., Angiolillo, Leventhal and Belen, JJ., concur.
#### Helen SCHONBERGER, Plaintiff, v. BLUMENKRANZ OF LAKEWOOD, NEW JERSEY, Inc., et al., Defendant and Third-Party Defendants.

Civ. A. No. 549-58.

United States District Court D. New Jersey.

Dec. 1, 1958.

Fred Freeman, Newark, N. J., for plaintiff.

Mead, Gleeson, Hansen & Pantages, Newark, N. J., for third-party defendants.

MORRILL, District Judge.

The plaintiff, a guest at the defendant’s hotel, sues for injuries caused by the explosion of a sun lamp made available by the defendant and bases her action on the alleged negligence of the defendant, particularly setting forth that the lamp was defective.

The defendant, as third-party plaintiff, brought in third-party defendants, the manufacturer, distributor and retail dealer of the lamp in question, as indemni-tors.

Interrogatories were propounded by the manufacturer and the distributor to the plaintiff and these were resisted on the ground that these third-party defendants were not adverse parties to the plaintiff under Rule 33 of Fed.Rules Civ.Proc. 28 U.S.C., relying on Kestner v. Reading Co., D.C.E.D.Pa. 1957, 21 F.R.D. 303. This conclusion has reasoned support in Cooke v. Kilgore Mfg. Co., D.C.N.D.Ohio 1954, 15 F.R.D. 465. On the other hand, a less restrictive rule is applied in Mc-Allister Lighterage Line, Inc. v. Oil Barge Vejoil No. 5, 13 Fed.Rules Serv. 33.21, Case 1 (S.D.N.Y.1949), and Spag-na v. Bruusgaard v. United Fruit Co., 20 Fed.R.Serv. 33.21, Case 1 (S.D.N.Y. 1954).

*17Under Rule 14(a), F.R.C.P., a third-party defendant may assert *against*a plaintiff any defenses which the third-party plaintiff has to the plaintiff’s claim. This these third-party defendants have done in the form of setting up contributory negligence and assumption of risk. To this extent, these third-party defendants are in reality adverse to the plaintiff and it is entirely proper .that these third-party defendants require that the plaintiff answer their interrogatories relative to these defenses but not as to interrogatories which do not specifically point to these defenses.

The plaintiff will be required to answer interrogatories numbered 1, 2, 15, 16, 17, 18, 22, 23 and 24, within thirty days from the date hereof. The other interrogatories propounded need not be answered.

Present order accordingly.
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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, July 20, 2009, 8 a.m. to July 21, 2009, 5 p.m., Hotel Palomar, 2121 P Street, NW., Washington, DC 20037 which was published in the                     **Federal Register**                     on June 15, 2009, 74 FR 28260-28262.                

The meeting will be held at the Ritz Carlton Hotel, 1150 22nd Street, NW., Washington, DC 20037. The meeting dates and time remain the same. The meeting is closed to the public.

Dated: June 23, 2009.

Anna Snouffer,

Deputy Director, Office of Federal Advisory Committee Policy.

[FR Doc. E9-15587 Filed 6-30-09; 8:45 am]

BILLING CODE 4140-01-P
Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack

, Chief Justice

Brian K. Zahra

David F. Viviano

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh

Elizabeth M. Welch,

Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

June 1, 2021

b0524 

# Order

Clerk June 1, 2021

160741 & (22)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff

- Appellee,

v SC: 160741

COA: 349773

Lenawee CC: 09

- 014191

- FC

MARSHALL SCOTT SOSBY,

Defendant

- Appellant.

_____________________________________/

On order of the Court, the application for leave to appeal the November 19, 2019

order of the Court of Appeals is considered and, it appearing to this Court that the case of

People v Stovall (Docket No. 162425) is pending on appeal before this Court and that the

decision in that case may resolve an issue raised in the present application for leave to

appeal, we ORDER that the application be held in ABEYANCE pending the decision in

that case. The motion for appointment of counsel remains pending.