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

NOT FOR PUBLICATION (Doc. No. 7) 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY 

CAMDEN VICINAGE 

___________________________________ 

CAPITAL PIZZA HUTS, INC., 

Plaintiff, 

v. 

ENJOY THE CITY NORTH, INC. d/b/a 

SAVE AROUND, 

Defendant. 

___________________________________ 

: 

: 

: 

: 

: 

: 

: 

: 

: 

: 

: 

:

Civil No. 11- 3872 (RBK/AMD) 

ORDER 

THIS MATTER having come before the Court pursuant to the motion by Defendant 

Enjoy the City North ("Defendant"): 1) to dismiss Plaintiff Capital Pizza Huts, Inc.’s 

(“Plaintiff’s”) Complaint based on enforcement of a forum selection clause pursuant to Federal 

Rule of Civil Procedure 12(b)(6); 2) to dismiss Plaintiff’s claims sounding in fraud for failure to 

meet the heightened pleading requirements of Federal Rule of Civil Procedure 9(b); and 3) to 

dismiss Plaintiff’s prayer for attorney’s fees; and the Court having considered the parties’ 

submissions; 

IT IS HEREBY ORDERED that, for the reasons stated in the Court’s accompanying 

Opinion, the Court GRANTS Defendant's Motion to Dismiss based on enforcement of a forum 

selection clause and DENIES Defendant’s alternative grounds for its Motion to Dismiss; 

IT IS HEREBY FURTHER ORDERED that the Plaintiff’s Complaint in this matter is 

dismissed; and the Clerk is directed to close the file. 

Dated: 9/23/11 /s/ Robert B. Kugler 

 ROBERT B. KUGLER 

 United States District Judge 

Case 1:11-cv-03872-RBK-AMD Document 11 Filed 09/23/11 Page 1 of 1 PageID: 75
<PAGE>

                                                                  EXHIBIT 23.01

   Consent of Ernst & Young LLP, Independent Registered Public Accounting Firm

We consent to the incorporation by reference in the Registration Statements
(Form S-3 Nos. 333-110160 and 333-101174, and Form S-8 Nos. 333-114953,
333-69552, 333-55886 and 333-55884) of AtheroGenics, Inc., of our reports dated
March 16, 2005, with respect to the financial statements of AtheroGenics, Inc.,
AtheroGenics, Inc. management's assessment of the effectiveness of internal
control over financial reporting, and the effectiveness of internal control over
financial reporting of AtheroGenics, Inc. included in this Annual Report
(Form 10-K) for the year ended December 31, 2004.



                                         /s/ Ernst & Young LLP

Atlanta, Georgia
March 16, 2005
#### The People of the State of New York, Respondent, v Mark Garrett, Appellant.

[852 NYS2d 848]

The appellant has failed to establish that he was denied the effective assistance of appellate counsel *(see Jones v Barnes,*463 US 745 [1983]; *People v Stultz,*2 NY3d 277 [2004]). Rivera, J.P., Skelos, Lifson and Florio, JJ., concur.
##### 



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
  1.
    
    The Report fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended; and2.
    
    The information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company.
 /s/ Bernard RetterathBernard Retterath,Treasurer (Principal Financial and Accounting
Officer)Dated:  May 15, 2007
Exhibit 31.1



CERTIFICATIONS UNDER SECTION 302



I, Paul J. Kelly, certify that:



1. I have reviewed this annual report of Orchid BioSciences, Inc.;



2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to
state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;



3. Based on my knowledge, the financial statements, and
other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the registrant as of, and for, the periods presented in this report;



4. The registrants other certifying officer(s) and I
are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:



a) designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be
designed under our supervision, to ensure that material information relating to the registrant, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is
being prepared;



b) evaluated the
effectiveness of the registrants disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on
such evaluation; and



c) disclosed in this
report any change in the registrants internal control over financial reporting that occurred during the registrants most recent fiscal quarter (the registrants fourth fiscal quarter in the case of an annual report) that has
materially affected, or is reasonably likely to materially affect, the registrants internal control over financial reporting; and



5. The registrants other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over
financial reporting, to the registrants auditors and the audit committee of the registrants board of directors (or persons performing the equivalent functions):



a) all significant deficiencies and material weaknesses in the design or operation of internal control over
financial reporting which are reasonably likely to adversely affect the registrants ability to record, process, summarize and report financial information; and



b) any fraud, whether or not material, that involves management or other employees who have a significant
role in the registrants internal control over financial reporting.



Date:  March 26, 2004



|                                                                       
|-----------------------------------------------------------------------
|/s/    PAUL J. KELLY,
MD                                               
|Paul J. Kelly, MD Chief Executive Officer (Principal Executive Officer)
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

WAYNE G. DOBSON, :

Civil Action No. 11-2924 (JBS)

Petitioner, :

v. : O R D E R

KAREN BALICKI, :

Respondent. :

For the reasons expressed in the Court’s Opinion filed

herewith,

IT IS ON THIS 19th day of September , 2012;

ORDERED that Respondent’s Motion to Seal (docket entry 14),

is hereby GRANTED; and it is further

ORDERED that the Adult Presentence Investigation Report,

designated as Ra-PSR of Respondent’s Appendix to Answer (see

docket entry 14), SHALL be filed in hard copy with the Clerk of

the Court in an envelope clearly marked “Confidential materials”;

and it is further

ORDERED that the foregoing materials be thereafter SEALED by

the Clerk of the Court and SHALL NOT be available to the general

public or otherwise made open to inspection on CM/ECF, the PACER

system or other similar electronic media.

s/ Jerome B. Simandle 

JEROME B. SIMANDLE

Chief Judge

United States District Cour

Case 1:11-cv-02924-JBS Document 17 Filed 09/19/12 Page 1 of 1 PageID: 782
Exhibit 31.2

                                 CERTIFICATIONS

I, Xinhua WU, certify that:

     1. I have  reviewed  this annual  report on Form 10-KSB of TS  Electronics,
Inc.;

     2. Based on my knowledge, this report does not contain any untrue statement
of a  material  fact or omit to  state a  material  fact  necessary  to make the
statements made, in light of the circumstances  under which such statements were
made, not misleading with respect to the period covered by this report;

     3. Based on my knowledge,  the financial  statements,  and other  financial
information included in this report, fairly present in all material respects the
financial  condition,  results of operations and cash flows of the registrant as
of, and for, the periods presented in this report;

     4. The registrant's  other certifying  officer(s) and I are responsible for
establishing and maintaining  disclosure  controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:

         a. Designed such  disclosure  controls and  procedures,  or caused such
disclosure  controls and  procedures to be designed  under our  supervision,  to
ensure that  material  information  relating to the  registrant,  including  its
consolidated subsidiaries,  is made known to us by others within those entities,
particularly during the period in which this report is being prepared;

         b. Evaluated the effectiveness of the registrant's  disclosure controls
and  procedures  and  presented  in  this  report  our  conclusions   about  the
effectiveness  of the disclosure  controls and procedures,  as of the end of the
period covered by this report based on such evaluation and

         c.  Disclosed  in this report any change in the  registrant's  internal
control over financial  reporting  that occurred  during the  registrant's  most
recent fiscal quarter (the registrant's  fourth fiscal quarter in the case of an
annual  report)  that  has  materially  affected,  or is  reasonably  likely  to
materially affect, the registrant's  internal control over financial  reporting;
and

     5. The registrant's other certifying officer(s) and I have disclosed, based
on our most recent evaluation of internal control over financial  reporting,  to
the registrant's  auditors and the audit committee of the registrant's  board of
directors (or persons performing the equivalent functions):

         a. All significant  deficiencies and material  weaknesses in the design
or operation of internal  control over financial  reporting which are reasonably
likely  to  adversely  affect  the  registrant's  ability  to  record,  process,
summarize and report financial information; and

         b. Any fraud,  whether or not  material,  that  involves  management or
other employees who have a significant role in the registrant's internal control
over financial reporting.

Date: March 27, 2006


 /s/ Xinhua WU
-----------------------
Xinhua WU
Chief Financial Officer
d1364174_ex4-16.htm


Exhibit 4.16







ADDENDUM


to


the Management Agreement dated 18/06/2012


(the "Management Agreement")







Between


ROSETTA NAVIGATION CORP. LIMITED


of Hong Kong


(as Owner)







And







ALLSEAS MARINE S.A.


of Liberia


(as Manager)







In respect of the management of the Vessel OOCL CHINA (the "Vessel")







Notwithstanding the relevant provisions of the Management Agreement, it is this, 18th day of September 2012, mutually agreed between the Owner and the Manager that in the event that the Management Agreement is terminated in accordance with Clause 12.05, then the provisions of the Compensation Agreement between the Manager and Box Ships Inc. dated 12/09/2012, copy of which is attached hereto as Exhibit A, forming an integral part of this Agreement, or any renewal thereof shall be applied."







All other fees, terms, conditions and provisions of the Management Agreement remain unaltered and in full force and effect.







IN WITNESS WHEREOF the parties have signed this Addendum this 18th day of September, 2012.


 



	
 

	
 


	
FOR THE OWNER

	
FOR THE MANAGER


	
 

	
 


	
/s/ Maria Stefanou

	
/s/  George Skrimizeas


	
MARIA STEFANOU

	
GEORGE SKRIMIZEAS


	
Attorney-in-fact

	
Attorney-in-fact
II 

108TH CONGRESS 

2D SESSION H. R. 5027

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2004

Received 

AN ACT

To designate the facility of the United States Postal Service 

located at 411 Midway Avenue in Mascotte, Florida, 

as the ‘‘Specialist Eric Ramirez Post Office’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

HR 5027 RDS 

1 SECTION 1. DESIGNATION. 

2 The facility of the United States Postal Service lo3 cated at 411 Midway Avenue in Mascotte, Florida, shall 

4 be known and designated as the ‘‘Specialist Eric Ramirez 

5 Post Office’’. 

6 SEC. 2. REFERENCES. 

7 Any reference in a law, map, regulation, document, 

8 paper, or other record of the United States to the facility 

9 referred to in section 1 shall be deemed to be a reference 

10 to the ‘‘Specialist Eric Ramirez Post Office’’.

Passed the House of Representatives September 28, 

2004. 

Attest: JEFF TRANDAHL, 

Clerk.
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 the Interior

###### Bureau of Land Management

          - [LLWY-957400-09-L14200000-BJ0000]

# AGENCY:

Bureau of Land Management, Interior.

# ACTION:

Notice of filing of plats of survey, Wyoming.

# SUMMARY:

The Bureau of Land Management (BLM) is scheduled to file the plat of survey of the lands described below thirty (30) calendar days from the date of this publication in the BLM Wyoming State Office, Cheyenne, Wyoming.

# FOR FURTHER INFORMATION CONTACT:

Bureau of Land Management, 5353 Yellowstone Road, P.O. Box 1828, Cheyenne, Wyoming 82003.

# SUPPLEMENTARY INFORMATION:

This survey was executed at the request of the Bureau of Land Management and is necessary for the management of these lands. The lands surveyed are:

The plat and field notes representing the dependent resurvey of a portion of the south boundary and subdivisional lines, and the subdivision of section 33, Township 34 North, Range 110 West, of the Sixth Principal Meridian, Wyoming, Group No. 726, was accepted July 9, 2009.

Copies of the preceding described plat and field notes are available to the public at a cost of $1.10 per page.

Dated: July 10, 2009.

John P. Lee,

Chief Cadastral Surveyor, Division of Support Services.

[FR Doc. E9-16917 Filed 7-15-09; 8:45 am]

BILLING CODE 4310-22-P
#### UNITED STATES of America, Plaintiff-Appellee, v. Jackie McKUBBIN, a/k/a Jack, Defendant-Appellant.

No. 12-7467.

United States Court of Appeals, Fourth Circuit.

Submitted: Dec. 13, 2012.

Decided: Dec. 18, 2012.

Jackie McKubbin, Appellant Pro Se. Amy Elizabeth Ray, Assistant United *226States Attorney, Asheville, North Carolina, for Appellee.

Before MOTZ, WYNN, and FLOYD, Circuit Judges.

Dismissed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Jackie McKubbin seeks to appeal the district court’s orders dismissing as successive his 28 U.S.C.A. § 2255 (West Supp. 2012) motion, and denying his motion for reconsideration. The orders are not ap-pealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2258(c)(1)(B) (2006). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2006). When the district court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 478, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85, 120 S.Ct. 1595.

We have independently reviewed the record and conclude that McKubbin has not made the requisite showing. Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*DISMISSED.*
[897 NYS2d 849]

#### Duncan Forbes, Plaintiff, v Linda D. Aaron et al., Defendants.

Supreme Court, Kings County,

March 4, 2010

APPEARANCES OF COUNSEL

*Akerman Senterfitt, LLP,*New York City, for Bank of New York, defendant. *Ateshoglou & Aiello, PC.,*New York City, for plaintiff.

OPINION OF THE COURT

Herbert Kramer, J.

*720When does title pass in a foreclosure action? This court holds that title passes only when the foreclosure sale is completed. Defendant Bank of New York (BNY) moves to dismiss the complaint based on the assertion that it was not the owner of the property on the date of the accident and therefore owed no duty to the plaintiff.

Plaintiff Duncan Forbes allegedly tripped and fell due to the sidewalk being broken adjacent to 11-74 New York Avenue, Brooklyn, New York, a multiple dwelling (the property) on March 1, 2008. At that time, the property was the subject of a foreclosure action instituted by BNY on July 26, 2006, in the Supreme Court of the County of Kings.

A judgment of foreclosure and sale was granted on December 11, 2007. The foreclosure sale was held on August 14, 2008, at which time the property was sold to BNY. The referee’s deed was executed on August 14, 2008. In the interim between the signing of the judgment of foreclosure and sale and the actual sale, the accident occurred. It is the plaintiffs contention that BNY was an “equity owner” during the time period between the granting of the judgment of foreclosure and sale and the actual sale of the property. This court disagrees.

Plaintiff asserts that BNY’s payments of New York City taxes and property preservation fees gave rise to an “equitable owner” status. However, in the case of multiple dwellings, such as here, a mortgagee prosecuting a foreclosure action is not charged with repairs of the property and a duty to repair cannot be created by arguing the applicability of equity. *(Union Sav. Bank v 285 Lafayette Assoc.,*NYLJ, May 20, 1992, at 22, col 3 [Sup Ct, NY County, Sklar, J.].)

> “[The] purpose of the judgment of foreclosure and sale is to divest the mortgagor of title ... It should be understood though, that this objective is achieved only when the foreclosure sale is [completed]. Divestiture of title does not occur upon issuance of the judgment, but rather upon the [completion] of the sale authorized and empowered *by*the judgment.” (2-27 Bergman on New York Mortgage Foreclosures § 27.01 [2]; *Da Costa v Hamilton Republican Club of Fifteenth Assembly Dist.,*187 Misc 865 [1946]; *Banque Arabe Et Internationale D'Investissement v One Times Sq. Ltd. Partnership,*223 AD2d 384 [1996]; *Dulberg v Ebenhart,*68 AD2d 323 [1979]; *Carnavalla v Ferraro,*281 AD2d 443 [2001].)

*721Therefore, Aaron was the titleholder and legal owner at the time of the accident. The judgment of foreclosure and sale did not divest her of title nor did it serve to transfer title to BNY. At the time of the accident, defendant BNY had no duty in law or equity to maintain or repair the property. The defendant BNY’s motion is granted.
NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

____________________________________

:

SALANDSTACY CORP., ET AL., :

:

Plaintiffs, : Civil Action No. 11-3439 (JLL)

:

v. :

:

DWIGHT FREENEY, ET AL., : ORDER

:

Defendants. :

____________________________________:

HAMMER, Magistrate Judge

It appearing that on October 15, 2012, this Court issued an Order to Show Cause why this

matter should not be dismissed for lack of subject matter jurisdiction (ECF No. 125); 

and it further appearing that Defendants Krost, Baumgarten, Kniss, and Guerrero, Inc.,

Greg Kniss, and Jean Hagan filed a declaration in response to the Order to Show Cause on

October 25, 2012 (ECF No. 131); that Defendant Roof Group, LLC filed a declaration in

response to the Order to Show Cause on October 25, 2012 regarding the citizenship of Roof

Group, LLC, Dwight Freeney, Eva Weinberg, and Michael Stern (ECF Nos. 133, 134) ; 1

and it further appearing that defendants’ declarations state the citizenship of each

individual defendant and each member of Defendant Roof Group, LLC, each of which is diverse

 Defendant Roof Group, LLC, has provided the Court with factual material regarding 1

both Michael Stern and Eva Weinberg’s citizenship, including their marriage certificate and the

recent criminal complaints and related documents issued against Stern and Weinberg, all listing

California addresses. See Declaration of David Kettel in Support of Citizenship Certification

(ECF No. 134), Exs. K, L, an M. Therefore, the Court is satisfied from those submissions and

the allegations of the First Amended Complaint that the citizenship of Stern and Weinberg is

established to be California.

Case 2:11-cv-03439-JLL-MAH Document 138 Filed 11/05/12 Page 1 of 2 PageID: 1716
from the citizenship of each plaintiff;

and it appearing that the parties have established that the Court has diversity jurisdiction

pursuant to 28 U.S.C. § 1332;

and for good cause shown;

IT IS on this 5 day of November, 2012, th

ORDERED that Plaintiff’s Amended Complaint, dated May 4, 2012, (ECF No. 52) is

deemed amended to include the information contained in defendants’ declarations regarding the

individual defendants and the members of Defendant Roof Group, LLC; and it is further

ORDERED that the Order to Show Cause is hereby withdrawn.

s/Michael A. Hammer 

Hon. Michael A. Hammer

United States Magistrate Judge

Case 2:11-cv-03439-JLL-MAH Document 138 Filed 11/05/12 Page 2 of 2 PageID: 1717