alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Shy-Makka Brownfield et al., Appellants, v William E. Ferris, Respondent.

[855 NYS2d 565]

*791By order dated March 26, 2007, the Supreme Court granted the defendant’s oral application to dismiss the complaint pursuant to 22 NYCRR 202.27 (b) after the plaintiffs failed to appear at a scheduled compliance conference *(see Zeltser v Sacerdote,*24 AD3d 541, 542 [2005]). To vacate the order granting the defendant’s application to dismiss the complaint, the plaintiffs were required to demonstrate a reasonable excuse for their failure to appear at the conference and the existence of a meritorious cause of action *(see*CPLR 5015 [a] [1]; *Watson v New York City Tr. Auth.,*38 AD3d 532, 533 [2007]; *Zeltser v Sacerdote,*24 AD3d 541, 542 [2005]; *Echevarria v Waters,*8 AD3d 330, 331 [2004]). The conclusory statement by the plaintiffs’ attorney that “one of the attorneys from the firm was away on vacation” was insufficient to excuse the default *(see Fekete v Camp Skwere,*16 AD3d 544, 545 [2005]; *Shmarkatyuk v Chouchereba,*291 AD2d 487 [2002]; *Fuller v Toe Kwon,*259 AD2d 662 [1999]).

Furthermore, a pattern of willful default and neglect should not be excused *(see Bowman v Kusnick,*35 AD3d 643, 644 [2006]; *Wynne v Wagner,*262 AD2d 556 [1999]). The plaintiffs repeatedly failed to adequately comply with the court’s discovery order until the defendant moved to dismiss the complaint. Thereafter, the plaintiffs’ attorney failed to appear for three scheduled compliance conferences. The plaintiffs failed to explain this pattern of willful neglect *(see Bowman v Kusnick,*35 AD3d at 644; *Wechsler v First Unum Life Ins. Co.,*295 AD2d 340, 341-342 [2002]; *Wynne v Wagner,*262 AD2d 556 [1999]).

Moreover, the plaintiffs failed to demonstrate the existence of a meritorious cause of action. The affidavit of merit submitted in support of the plaintiffs’ motion to vacate was devoid of any evidentiary facts or detail regarding the defendant’s alleged acts of negligence *(see Smith v City of New York,*237 AD2d 344, 345 [1997]; *Reilly-Whiteman, Inc. v Cherry Hill Textiles,*191 AD2d 486, 487 [1993]; *Lener v Club Med,*168 AD2d 433, 435 [1990]), and the complaint, which also contained conclusory assertions, was verified by the plaintiffs’ attorney and not by an individual with personal knowledge *(see McKenna v Solomon,*255 AD2d 496, 496-497 [1998]; *Terranova v Gallagher Truck Ctr.,*121 *792AD2d 621, 621-622 [1986]; *Oversby v Linde Div. of Union Carbide Corp.,*121 AD2d 373, 373-374 [1986]).

Accordingly, the plaintiffs’ motion to vacate the order dated March 26, 2007 was properly denied. Rivera, J.P., Lifson, Miller, Carni and Eng, JJ., concur.
EXHIBIT G 

Case 2:11-cv-04052-JLL-JAD Document 188-8 Filed 05/20/16 Page 1 of 6 PageID: 4990
Case 2:11-cv-04052-JLL-JAD Document 188-8 Filed 05/20/16 Page 2 of 6 PageID: 4991
Case 2:11-cv-04052-JLL-JAD Document 188-8 Filed 05/20/16 Page 3 of 6 PageID: 4992
Case 2:11-cv-04052-JLL-JAD Document 188-8 Filed 05/20/16 Page 4 of 6 PageID: 4993
Case 2:11-cv-04052-JLL-JAD Document 188-8 Filed 05/20/16 Page 5 of 6 PageID: 4994
Case 2:11-cv-04052-JLL-JAD Document 188-8 Filed 05/20/16 Page 6 of 6 PageID: 4995
Exhibit 32.1

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 ended March 31, 2008 as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Dean B. Nelson, Chairman and Interim Chief Executive 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 results of operations of the Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                            
|--------------------------------------------
|/s/ DEAN B. NELSON                          
|Dean B. Nelson                              
|Chairman and Interim Chief Executive Officer

May 12, 2008

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.
Order entered August 9, 2013

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-13-00326-CR

LARRY BERRING, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the Criminal District Court No. 2

Dallas County, Texas

Trial Court Cause No. F12-55634-I

ORDER

The Court ORDERS the trial court to make findings of fact regarding whether appellant 

has been deprived of the reporter’s record because of ineffective counsel, indigence, or for any 

other reason.

 The trial court shall first determine whether appellant desires to prosecute the appeal. If 

the trial court determines that appellant does not desire to prosecute this appeal, it shall 

make a finding to that effect.

 If the trial court determines that appellant desires to prosecute the appeal, it shall next 

determine whether appellant is indigent and entitled to proceed without payment of costs 

for the reporter’s record. If appellant is entitled to proceed without payment of costs, the 

trial court shall make a finding to that effect. Moreover, if appellant is indigent, the trial 

court is ORDERED to take such measures as may be necessary to assure effective 

representation, which may include appointment of new counsel. If the trial court finds 

appellant is not indigent, it shall determine whether retained counsel has abandoned the 

appeal.
 The trial court shall next determine: (1) the name and address of each court reporter who 

recorded the proceedings in this cause; (2) the court reporter’s explanation for the delay 

in filing the reporter’s record; and (3) the earliest date by which the reporter’s record can 

be filed. 

We ORDER the trial court to transmit a supplemental record, containing the written 

findings of fact, any supporting documentation, and any orders, to this Court within THIRTY 

DAYS of the date of this order.

The appeal is ABATED to allow the trial court to comply with this order. It shall be 

reinstated thirty days from the date of this order or when the supplemental record is received, 

whichever is earlier.

/s/ DAVID EVANS 

JUSTICE
<Page>

                       CONSENT OF INDEPENDENT AUDITORS

The Board of Directors
Click Commerce, Inc.:

We consent to incorporation by reference in the registration statements on Form
S-8 (Nos. 333-54432, 333-62462, 333-70084) of Click Commerce, Inc. of our
reports dated January 24, 2003, except for note 16, which is as of March 6,
2003, with respect to the consolidated balance sheets of Click Commerce, Inc. as
of December 31, 2002 and 2001, and the related consolidated statements of
operations and comprehensive loss, shareholders' equity (deficit) and cash
flows, and the related consolidated financial statement schedule for each of the
years in the three-year period ended December 31, 2002, which reports appear in
the annual report on Form 10-K of Click Commerce, Inc. for the year ended
December 31, 2002.

Chicago, Illinois
March 28, 2003
I 

108TH CONGRESS 

1ST SESSION H. R. 557

To suspend temporarily the duty on certain manufacturing equipment. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2003

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

Committee on Ways and Means 

A BILL

To suspend temporarily the duty on certain manufacturing 

equipment.

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

3 SECTION 1. CERTAIN MANUFACTURING EQUIPMENT. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by striking heading 9902.84.89 and inserting in 

7 numerical sequence the following new heading:
2

•HR 557 IH 

‘‘ 9902.84.89 Sector mold 

press machines 

to be used in 

production of radial tires designed for off-the 

highway use with 

a rim measuring 

63.5 cm or more 

in diameter (provided for in subheading 

4011.20.10, 

4011.61.00, 

4011.63.00, 

4011.69.00, 

4011.92.00, 

4011.94.40, or 

4011.99.45), numerically controlled, or parts 

thereof (provided 

for in subheading 

8477.51.00 or 

8477.90.85) ....... Free No change No change On or before 

12/31/2005 ’’. 

1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) applies with respect to goods entered, or 

3 withdrawn from warehouse for consumption, on or after 

4 the 15th day after the date of the enactment of this Act.

Æ
#### UNITED STATES of America, v. Melvin Marvin ZIMMERMAN and Edward J. Mullally, Defendants.

United States District Court S. D. New York.

June 10, 1957.

*588Paul W. Williams, U. S. Atty., Southern Dist. of New York, New York City, for United States, John A. Keeffe, Asst. U. S. Atty., New York City, of counsel.

W. A. Newcomb, New York City, for defendant Edward J. Mullally.

PALMIERI, District Judge.

The defendant Edmond J. Mullaly, indicted under the name of Edward J. Mullally, has moved for an order under Rule 16 of the Federal Rules of Criminal Procedure, 18 U.S.C.A., directing the attorney for the Government to permit the defendant to inspect and copy a signed statement obtained from him by an agent or agents of the Federal Bureau of Investigation some time early in 1955.

The United States Court of Appeals for the Second Circuit has recently had occasion to comment on the divergence of views among the Judges of this District with respect to the scope of Rule 16. United States v. Louie Gim Hall and Wong Suey Loon, 2 Cir., 245 F.2d 338, 341. In that case, Judge Medina alluded to this matter in the following language:

> “Since we have decided that the judgment of conviction must be set aside, and the statements have now been disclosed by the prosecution, we need not decide whether the District Court has the power to order such a disclosure, a question of no little difficulty. See, e. g., Bowman Dairy Co. v. United States, 341 U.S. 214, 71 S.Ct. 675, 95 L.Ed. 879; Shores v. United States, 8 Cir., 174 F.2d 838, 11 A.L.R.2d 635; State v. Tune, 13 N.J. 203, 98 A.2d 881; compare United States v. Peltz, D.C., 18 F.R.D. 394, with United States v. Peace, D.C., 16 F.R.D. 423.”

I expressed my own views in United States v. Evangelista, D.C., 20 F.R.D. 631. Further reflection has not impelled me to change them.

Defendant’s motion pursuant to Rule 16 to compel disclosure of his signed statement is granted. It may be inspected and copied by the defendant Mullaly or his counsel and no copy thereof is to be made available to the other defendant or to any other person.

In accordance with the stipulation of movant’s counsel made before me in open court, defendant’s further motion for a bill of particulars, pursuant to Rule 7(f) of the Federal Rules of Criminal Procedures is deemed withdrawn.
March 5, 2013



### JUDGMENT 

## The Fourteenth Court of Appeals

EX PARTE TYGER WADE LUCAS
NO. 14

- 12

- 00289

- CR

________________________________

This cause was heard on the transcript of the record of the court below. Having considered the record, this Court holds that there was no error in judgment. The Court orders the judgment AFFIRMED , and that this decision be certified below for observance. T he Court further orders that Tyger Wade Lucas pay all costs incurred in this appeal.
EX-10.9.3




 EXHIBIT 10.9.3 
 COMPENSATION AGREEMENT 
 It is hereby agreed and understood between Stephen T. Zarrilli
(“Executive”) and Safeguard Scientifics, Inc. (the “Company”) as of this 28th day of December, 2012 as follows: 

Notwithstanding anything to the contrary that may be contained in any other written agreement pertaining to the employment of Executive by the Company,
in an effort to comply with Section 409A of the Internal Revenue Code and other applicable rules and regulations, effective December 31, 2012, upon any termination of Executive’s employment in circumstances which result in the Company
being obligated regarding the payment of amounts relating to COBRA coverage, in order to comply with its obligations the Company shall no longer waive the applicable premium otherwise payable for COBRA continuation coverage or directly subsidize
payment of the applicable premium for continued coverage under Safeguard’s medical insurance plan for Executive (and, to the extent covered immediately prior to the date of Executive’s termination of employment, his spouse and dependents).

 In lieu of such waiver or direct subsidy, Executive will be entitled to reimbursement by the Company of the cost of such COBRA continuation
coverage with respect to medical insurance, less such co-payment amount payable by Executive under the terms of the Company’s medical insurance program, as may be amended from time to time. Such reimbursement shall only be made to the extent
Executive continues to pay the monthly premiums for such medical insurance. 
 Other than as specifically set forth herein, it is not intended
that this Agreement shall in any way affect any of the other prevailing terms of employment between Executive and the Company 
 In witness
whereof, the undersigned have caused this Agreement to be duly executed as of the date first above written. 
  

			
	
	EXECUTIVE
		
		 	/s/ Stephen T. Zarrilli
	Name:	 	Stephen T. Zarrilli
	
	SAFEGUARD SCIENTIFICS, INC.
		
	By:	 	/s/ Brian J. Sisko
	Name:	 	Brian J. Sisko
	Title:	 	Executive Vice President and
		 	Managing Director
### The AAL Mutual Funds

**Supplement to Prospectus dated June 27, 2003**

**Portfolio Management Change for The AAL Small Cap Stock Fund**

**Kevin A. Schmitting, CFA**  and **Christopher J. Serra, CFA** serve as portfolio co-managers of The AAL Small Cap StockFund.

Mr. Schmitting has served as the portfolio manager of The AAL Small Cap Stock Fund since its inception in 1996.  Mr. Schmittinghas been with Thrivent Investment Mgt. since 1995.

Mr. Serra has served as the portfolio manager of The AAL Small Cap Stock Fund since November 2003, and he served as an assistantportfolio manager of the Fund from 1999 to 2001.  Mr. Serra has been with Thrivent Investment Mgt. since 1998, and he has served asa portfolio manager since 1999.

The date of this Supplement is December 15, 2003.

**Please include this Supplement with your Prospectus.**
Case 2:11-cv-04287-KM-SCM Document 79 Filed 01/10/14 Page 1 of 2 PageID: 2146
Case 2:11-cv-04287-KM-SCM Document 79 Filed 01/10/14 Page 2 of 2 PageID: 2147
EXHIBIT 31.2

              CERTIFICATION OF CHIEF FINANCIAL OFFICER PURSUANT TO
                      SECTION 302 OF THE SARBANES-OXLEY ACT

I, Jon Suk, certify that:

1.   I have reviewed this quarterly report on Form 10-QSB of Coastal Media Inc.;

2.   Based on my knowledge, this quarterly 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 quarterly report;

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

4.   I am responsible for establishing and maintaining disclosure controls and
     procedures (as defined in Exchange Act Rules 13a-14 and 15d-14) for the
     registrant and have:

     a.   designed such disclosure controls and procedures 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 quarterly
          report is being prepared;
     b.   evaluated the effectiveness of the registrant's disclosure controls
          and procedures as of a date within 90 days prior to the filing date of
          this quarterly report (the "Evaluation Date"); and
     c.   presented in this quarterly report our conclusions about the
          effectiveness of the disclosure controls and procedures based on our
          evaluation as of the Evaluation Date;

5.   I have disclosed, based on my most recent evaluation, to the registrant's
     auditors and the audit committee of registrant's board of directors (or
     persons performing the equivalent functions):

     a.   all significant deficiencies in the design or operation of internal
          controls which could adversely affect the registrant's ability to
          record, process, summarize and report financial data and have
          identified for the registrant's auditors any material weaknesses in
          internal controls; and
     b.   any fraud, whether or not material, that involves management or other
          employees who have a significant role in the registrant's internal
          controls; and

6.   I have indicated in this quarterly report whether or not there were
     significant changes in internal controls or in other factors that could
     significantly affect internal controls subsequent to the date of our most
     recent evaluation, including any corrective actions with regard to
     significant deficiencies and material weaknesses.

IN WITNESS WHEREOF, the undersigned has executed this certification as of the
10th day of May, 2007.


/s/ Jon Suk
---------------------------
Chief Financial Officer
Exhibit 31.1

CERTIFICATIONS UNDER SECTION 302

I, Thomas A. Bologna, certify that:

1. I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K of Orchid Cellmark Inc.; and

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.

Date: March 28, 2007



|                                                     
|-----------------------------------------------------
|/S/ THOMAS A. BOLOGNA                                
|Thomas A. Bologna                                    
|Chief Executive Officer (Principal Executive Officer)
```

[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 709 Introduced in House (IH)]

108th CONGRESS
  1st Session
                                H. R. 709

    To amend title 38, United States Code, to require Department of 
  Veterans Affairs pharmacies to dispense medications to veterans for 
prescriptions written by private practitioners, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 11, 2003

  Mr. Wicker (for himself, Mr. Wexler, Mr. Taylor of Mississippi, Mr. 
Whitfield, Mr. Paul, Mr. Norwood, Ms. Woolsey, Mr. Holden, Mr. Filner, 
  Mr. Sandlin, Mr. Combest, Mr. Pickering, Mr. Frost, Mr. Duncan, Mr. 
 Sherman, Mr. Boucher, Mr. Rush, Mr. Hall, Mr. Meeks of New York, Mr. 
 Davis of Illinois, Mr. Platts, Mr. Udall of Colorado, Mr. Gordon, Mr. 
Faleomavaega, and Mr. Calvert) introduced the following bill; which was 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
    To amend title 38, United States Code, to require Department of 
  Veterans Affairs pharmacies to dispense medications to veterans for 
prescriptions written by private practitioners, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Prescription Access 
Improvement Act''.

SEC. 2. AUTHORITY OF DEPARTMENT OF VETERANS AFFAIRS PHARMACIES TO 
              DISPENSE MEDICATIONS TO VETERANS ON PRESCRIPTIONS WRITTEN 
              BY PRIVATE PRACTITIONERS.

    (a) Authority.--Section 1712(d) of title 38, United States Code, is 
amended to read as follows:
    ``(d) Subject to section 1722A of this title, the Secretary shall 
furnish to a veteran such drugs and medicines as may be ordered on 
prescription of a duly licensed physician in the treatment of any 
illness or injury of the veteran.''.
    (b) Clerical Amendments.--(1) The heading of section 1712 of such 
title is amended by striking the sixth through ninth words.
    (2) The item relating to section 1712 in the table of sections at 
the beginning of chapter 17 of such title is amended by striking the 
sixth through ninth words.
                                 <all>
```
SULLIVAN FOR ADMISSION TO THE

BAR OF THE STATE OF MONTANA

O 

R IYIEMfe. of mootan.

Barry Sullivan has filed a motion for admission to the Bar of the State of Montana

pursuant to Rule V of the Rules for Admission, Admission on Motion. The Bar Admissions

Administrator of the State Bar of Montana has informed the Court that the Commission on

Character and Fitness has certified that Sullivan has provided the necessary documentation

and has satisfied the requirements prerequisite to admission on motion under Rule V.

Therefore,

IT IS HEREBY ORDERED that upon payment of .any application fees and

completion of any other processing requirements as set forth by the Bar Admissions

Administrator, Barry Sullivan may be sworn in to the practice of law in the State of

Montana. Arrangements for swearing in may be made by contacting the office of the Clerk

of the Montana Suprerne Court.

The Clerk is directed to provide copies of this order to Petitioner and to the State

B ar of Montana.

DATED this a- day of January, 2021.
2

Justices
EXHIBIT 32.2

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

In connection  with the Annual Report on Form 10-KSB/A for Reliant Home Warranty
Corporation (the Company) for the year ended December 31, 2006 as filed with the
Securities  and Exchange  Commission on the date hereof (the  Report),  I, Steve
Hamilton, Chief Financial Officer of the Company, herby certify,  pursuant to 18
U.S.C.  ss. 1350, as adopted  pursuant to ss. 906 of the  Sarbanes-Oxley  Act of
2002, to the best of his/her knowledge, that:

         (1) The Report fully complies with the requirements of Section 13(a) or
         15(d) of the Securities Exchange Act of 1934; and

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

By:   /s/ Steve Hamilton
      -------------------------------------
            Steve Hamilton
            Chief Financial Officer

      June 18, 2007

This  certification   accompanies  this  Report  pursuant  to  ss.  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 ss.
18 of the Securities Exchange Act of 1934, as amended.