alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Junior Laurent, Plaintiff, and Arnoux Laurent, Respondent, v Lloyd T. McIntosh, Appellant.

[854 NYS2d 228]

*821Contrary to the Supreme Court’s determination, the defendant satisfied his prima facie burden of showing that the plaintiff Arnoux Laurent (hereinafter the plaintiff) did not sustain a serious injury within the meaning of Insurance Law § 5102 (d) as a result of the subject accident *(see Toure v Avis Rent A Car Sys.,*98 NY2d 345 [2002]; *Gaddy v Eyler,*79 NY2d 955, 956-957 [1992]).

In opposition, the plaintiff failed to raise a triable issue of fact. The affirmation of the plaintiffs examining physician was without any probative value since she relied on the unsworn medical reports of others in arriving at her conclusions *(see Malave v Basikov,*45 AD3d 539 [2007]; *Verette v Zia,*44 AD3d 747 [2007]; *Furrs v Griffith,*43 AD3d 389 [2007]; *Friedman v U-Haul Truck Rental,*216 AD2d 266, 267 [1995]). Further, the plaintiffs examining physician failed to address the fact that the plaintiff had been involved in prior accidents in which he injured, among other areas, his right knee and lumbar spine. This omission clearly rendered speculative her conclusions that the injuries and limitations noted in the plaintiffs lumbar spine and right knee were the result of the subject accident *(see Luciano v Luchsinger,*46 AD3d 634 [2007]; *Moore v Sarwar,*29 AD3d 752 [2006]; *Tudisco v James,*28 AD3d 536 [2006]; *Bennett v Genas,*27 AD3d 601 [2006]; *Allyn v Hanley, 2*AD3d 470 [2003]).

The plaintiffs magnetic resonance imaging reports were unaffirmed and therefore without any probative value *(see Patterson v NY Alarm Response Corp.,*45 AD3d 656 [2007]; *Verette v Zia,*44 AD3d 747 [2007]; *Nociforo v Penna,*42 AD3d 514 [2007]; *see also Grasso v Angerami,*79 NY2d 813 [1991]; *Pagano v Kingsbury,*182 AD2d 268 [1992]). The plaintiffs affidavit, by itself, was insufficient to raise a triable issue of fact *(see Rashid v Estevez,*47 AD3d 786 [2008]; *Roman v Fast Lane Car Serv., Inc.,*46 AD3d 535 [2007]; *Verette v Zia,*44 AD3d 747 [2007]; *Duke v Saurelis,*41 AD3d 770 [2007]).

Moreover, neither the plaintiff, nor his examining physician, adequately explained the lengthy time between the date he stopped treatment in 2003, a year after the subject accident, and his recent examination in April 2007 *(see Pommells v Perez,*4 NY3d 566 [2005]; *Wei-San Hsu v Briscoe Protective Sys., Inc.,*43 AD3d 916 [2007]; *Bestman v Seymour,*41 AD3d 629 [2007]; *Albano v Onolfo,*36 AD3d 728 [2007]).

The plaintiff also failed to raise a triable issue of fact as to whether he sustained a medically-determined injury of a *822nonpermanent nature which prevented him from performing his usual and customary activities for 90 of the 180 days immediately following the accident *(see Roman v Fast Lane Car Serv., Inc.,*46 AD3d 535 [2007]; *Sainte-Aime v Ho,*274 AD2d 569 [2000]). Skelos, J.P., Santucci, Covello, McCarthy and Chambers, JJ., concur.
<Page>

                                       68

                                                                    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 Quarterly Report of PRIMEDIA Inc. (the "Company") on
Form 10-Q for the period ending June 30, 2002 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Thomas S.
Rogers, Chairman and Chief Executive Officer 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 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/ Thomas S. Rogers




Thomas S. Rogers
Chairman and Chief Executive Officer
August 14, 2002
##### 



Exhibit 32.2
 CERTIFICATION OF CHIEF 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-QSB of the Company for the quarterly period ended June
30, 2007 (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.
 By:
Name:
    
    /s/ Bryan McGuire

Bryan McGuireTitle:
    
    Chief Financial OfficerDate:
    
    August 20, 2007
Exhibit 32.3

CERTIFICATION PURSUANT TO  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the Quarterly Report of PRIMEDIA Inc. (the "Company") on Form 10-Q for the period ending June 30, 2005 as
filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Robert J. Sforzo, Senior Vice President, Chief Accounting Officer and Controller of the Company, certify,
pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that to my knowledge:



|/s/ROBERT J. SFORZORobert J. Sforzo                                           |  | 
|----------------------------------------------------------------------------- |  | 
|Senior Vice President, Chief Accounting Officer and Controller
August 9, 2005

This
certification accompanies each Report pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the Sarbanes-Oxley Act of
2002, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.

A
signed original of this written statement required by Section 906 has been provided to the Company and will be retained by the Company and furnished to the Securities and
Exchange Commission or its staff upon request.

66

---



QuickLinks
[No. 55026-8-I.

Division One.

October 31, 2005.]

#### Henry Gray, *Individually and as Personal Representative,*et al., *Appellants,*v. Ford Motor Company, *Respondent.*

Appeal from a judgment of the Superior Court for King County, No. 03-2-20088-3, Mary Roberts, J., entered September 10, 2004. Judgment *affirmed*and cost award *reversed*by unpublished opinion per Baker, J., concurred in by Agid, J.; Kennedy, J., indicated her concurrence prior to her death on September 16, 2005.
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 13

- 41075 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.

YERED MORALES

- ALVAREZ , Defendant

- Appellant

Appeal from the United States District Court for the Southern District of Texas USDC No. 7:11

- CR

- 1667

- 28

Before JOLLY, HIGGINBOTHAM, and OWEN, Circuit Judges. PER CURIAM: *
The attorney appointed to represent Yered Morales

- Alvarez has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Morales

- Alvarez h a s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED November 4, 2014 Lyle W. Cayce Clerk Case: 13-41075 Document: 00512825451 Page: 1 Date Filed: 11/04/2014No. 13

- 41075

issue for appellate review. Accordingly, counsel’s motion fo r leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2.

2 Case: 13-41075 Document: 00512825451 Page: 2 Date Filed: 11/04/2014
**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 quarterly report of ThermoEnergy Corporation (the "Company")
      on Form 10-Q for the period ended June 30, 2008, as filed with the Securities
      and Exchange Commission on the date hereof (the “Report"), I, Dennis C.
      Cossey, Chairman and Chief Executive 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:
      August 15, 2008




By: /s/
      Dennis C. Cossey


Name:
      Dennis C. Cossey


Title:
      Chairman and Chief Executive Officer
UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

(609) 989-0508

CHAMBERS OF Clarkson Fisher Building and

 PETER G. SHERIDAN U.S. Courthouse

 JUDGE 402 East State Street

Trenton, NJ 08608

TO: All Counsel of Record

FROM: Peter G. Sheridan, U.S.D.J. 

DATE: September 19, 2012

RE: PPL ENERGYPLUS, LLC et al v. SOLOMON et al

Civil Action No. 11-745(PGS)

_____________________________________________________________________________

I have some questions about the exhibits submitted:

With regard to PJM Interconnection, L.L.C. PJM Power Providers Group v. PJM

Interconnection, L.L.C., 2011 Westlaw 5893596 (FERC), please explain:

1. The acronym IMM and EPSA as stated within paragraphs 180 and 183. 

2. In paragraph 184, EPSA states that “the recent New Jersey LCAPP auction process

. . . would not qualify as an open non-discriminatory competitive procurement process.” Please

explain that statement. 

3. Please explain what Commissioner Moeller meant when he stated that the LCAPP

bill “would crater the capacity market” and give the citation for your answer. (paragraph 151).

At oral argument (T. 45, 11-24), Mr. Kleinman indicated that the LCAPP law was deemed

just and reasonable by FERC. Please identify the source or cite where that occurred (and provide a

copy). If I am misinterpreting Mr. Kleinman’s comment, please explain in a brief paragraph. 

Kindly provide your responses in no more than four pages (double spaced) by Friday,

September 21, 2012. I request that plaintiffs and defendants each submit one response. 

Case 3:11-cv-00745-PGS-DEA Document 148 Filed 09/19/12 Page 1 of 2 PageID: 4683
Case 3:11-cv-00745-PGS-DEA Document 148 Filed 09/19/12 Page 2 of 2 PageID: 4684
**Exhibit 10.2**

**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 Annual Report of Havas (the “Company”) on Form 20-F for the period ending December 31, 2002 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Jacques Hérail, 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 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.

  

| May 20, 2003                               |   |   |   |
|--------------------------------------------|--------|--------|--------|
| /s/ Jacques Hérail                    |   |   |        |
|                                            |   |   |   |
| Jacques HérailChief Financial Officer |   |   |   |

 

----
HOUSEHOLD DATA

ANNUAL AVERAGES

32. Unemployed persons by occupation, industry, and duration of unemployment

Occupation and industry

1999

Thousands of persons Weeks

Total

Less

than

5 weeks

5 to 14

weeks

15 weeks and over Average

(mean)

duration

Median

duration Total 15 to 26

weeks

27 weeks

 and over

OCCUPATION

Managerial and professional specialty ......................................... 770 316 240 214 107 107 14.4 7.1

Technical, sales, and administrative support ................................ 1,477 672 457 347 190 157 12.2 5.9

Service occupations ..................................................................... 1,081 490 320 271 123 148 13.8 5.9

Precision production, craft, and repair .......................................... 607 271 189 147 81 66 12.7 6.0

Operators, fabricators, and laborers ............................................. 1,207 511 374 322 166 156 14.0 7.0

Farming, forestry, and fishing ....................................................... 249 100 92 57 30 26 11.9 6.8

INDUSTRY1

Agriculture .................................................................................... 189 75 72 41 25 17 11.2 7.1

Construction ................................................................................. 527 225 174 127 72 55 12.8 6.8

Manufacturing ............................................................................... 743 299 223 221 113 108 15.0 7.6

 Durable goods ............................................................................ 437 178 123 137 70 67 15.5 7.7

 Nondurable goods ...................................................................... 306 121 100 84 43 41 14.3 7.6

Transportation and public utilities ................................................. 267 108 85 74 36 38 14.8 7.1

Wholesale and retail trade ............................................................ 1,430 676 436 318 167 151 12.0 5.2

Finance, insurance, and real estate ............................................. 195 79 55 61 33 28 13.9 7.4

Services ........................................................................................ 1,675 754 522 399 198 201 13.1 6.0

Public administration .................................................................... 123 40 39 45 21 24 19.8 9.6

No previous work experience ....................................................... 469 199 152 118 55 63 14.4 6.4

1 Includes wage and salary workers only.

 NOTE: Beginning in January 1999, data reflect revised population controls

used in the household survey.

207
---

Exhibit 32.1

CERTIFICATION PURSUANT TOSECTION 906 OF THE
SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report on Form 10-Q of
American Uranium Corporation for the period ended November 30, 2008, the
undersigned, Robert A. Rich, 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 Form 10-Q 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 Form 10-Q fairly
      presents, in all material respects, the financial condition and results of
      operations of American Uranium Corporation.

January 20, 2009

| | /s/
      Robert A. Rich                              
| | ------------------------------------------------------
| | Robert A. Rich                                        
| | President, CEO and CFO                                
| | Principal Executive Officer, Principal
      Financial
| | Officer and Principal Accounting Officer              

A signed original of this written statement required by Section
906 has been provided to American Uranium Corporation and will be retained by
American Uranium Corporation and furnished to the Securities and Exchange
Commission or its staff upon request.

---
<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 Quarterly Report of PRIMEDIA Inc.(the "Company") on Form
10-Q for the period ending September 30, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Thomas S. Rogers,
Chairman and Chief Executive Officer 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 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/ Thomas S. Rogers



Thomas S. Rogers
Chairman and Chief Executive Officer
November 14, 2002
Exhibit 11.1


                              SunPharm Corporation
               Calculation of Weighted Average Shares Outstanding
                             and Net Loss Per Share

     For three months ended March 31, 1998:
<TABLE>
<CAPTION>
                                                                 Days
                           Total Shares                   Outstanding
                           ------------                   -----------
<S>                          <C>           <C>                     <C>            <C>       
                             5,737,828     thru 1/8                 8              45,902,624
                             5,745,618     thru 3/5                56             321,754,608
                             5,748,618     thru 3/20               15              86,229,270
                             5,758,901     thru 3/31               11              63,347,911
                                                          -----------             -----------
                                                                   90             517,234,413

     WEIGHTED AVERAGE SHARES                                 517,234,413 / 90 =     5,747,049
                                                                                  ===========
</TABLE>


                              NET LOSS                             $(1,039,126)
                              PER SHARE                            $     (0.18)


     For three months ended March 31, 1997:
<TABLE>
<CAPTION>
                                                                 Days
                           Total Shares                   Outstanding
                           ------------                   -----------
<S>                          <C>           <C>                     <C>             <C>        
                             3,708,879     thru 3/28               87              322,672,473
                             5,537,165     thru 3/31                3               16,611,495
                                                          -----------              -----------
                                                                   90              339,283,968
                         
     WEIGHTED AVERAGE SHARES                                 339,283,968 / 90 =      3,769,822
                                                                                   ===========
</TABLE>


                              NET LOSS                             $  (920,543)
                              PER SHARE                            $     (0.24)
Presidential Documents

Federal Register / Vol. 74, No. 15 / Monday, January 26, 2009 / Presidential Documents 4679 

Memorandum of January 21, 2009 

Pay Freeze 

Memorandum for the Assistant to the President and Chief of Staff 

The United States is in a period of severe economic stress. Too many 

Americans have lost their jobs, their homes, their health insurance, or a 

substantial part of their retirement savings, and many more feel uncertain 

about the future. 

In these circumstances, Government must act forcefully and creatively to 

stimulate our economic recovery, investing in infrastructure, innovative energy technologies, and education. It must act quickly to provide assistance 

to average Americans. 

Many have accepted the call to serve in Government and to assist me 

in restoring a sound economy and in improving the lives of average Americans. In this challenging economic period, it is only appropriate that senior 

officials on the White House staff forgo pay increases until further notice. 

Accordingly, as a signal of our shared commitment to restoring the country’s 

economic vitality and because of the serious economic conditions we are 

facing, I intend to freeze the salaries of senior members of the White House 

staff, to the extent permitted by law. I direct you to report back to me 

within 30 days with recommendations for actions to implement this freeze. 

This memorandum is not intended to, and does not, create any right or 

benefit, substantive or procedural, enforceable at law or in equity by a 

party against the United States, its departments, agencies, or entities, its 

officers, employees, or agents, or any other person. 

This memorandum shall be published in the Federal Register. 

THE WHITE HOUSE, 

Washington, January 21, 2009 

[FR Doc. E9–1724 

Filed 1–23–09; 8:45 am] 

Billing code 3195–W9–P 


OB#1.EPS</GPH>