alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### FLORES v. MATSON NAV. CO.

United States District Court S. D. New York.

Dec. 4, 1951.

*263Klein & Ruderman, New York City, for plaintiff.

Haight, Deming, Gardner, Poor & Haven, New York City, for defendant.

DIMOCK, District Judge.

Plaintiff moves for a- discovery and in- ' spection as follows:

1. All log book entries pertaining to the accident, which occurred on August 6, 1951, at about 12 noon, aboard the S. S. Hawaiian Citizen;

2. All accident reports filed with the defendant in reference to the foregoing;

3. All statements obtained by the defendant from witnesses with reference to the manner in which the aforesaid accident occurred.

On the argument of the motion I indicated that, with respect to item 1, defendant would be required to produce everything asked for except entries in the radio log, the official log and the rough log, and that with respect to item 2, defendant would be required to produce everything asked for.

With respect to item 3, decision was reserved. Defendant objects that plaintiff has not shown good cause for the discovery of statements taken from witnesses.

Plaintiff’s allegations in this respect are as follows: “That in order to properly prepare this action for trial, it will be necessary for the plaintiff to have an examination of the log entries and the accident reports and the statements, both oral and in writing, which were given by the various witnesses to the accident and in this way enable the plaintiff to substantiate his claim.”

These allegations are insufficient. 4 Moore’s Federal Practice, 2nd Ed., § 34.08; The Kegums, D.C., 73 F.Supp. 831; Marzo v. Moore-McCormack Lines, D.C., 7 F.R.D. 378; Gebhard v. Isbrandtsen Co., D.C., 10 F.R.D. 119.

The motion will be granted to the extent above indicated and otherwise denied without prejudice to an application upon an adequate showing of good cause.

Settle order on notice.
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**EXHIBIT32.1**

**Alpha Pro Tech, Ltd**

**CERTIFICATION PURSUANT TO**

**18 U.S.C.SECTION 1350,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACTS OF 2002**

In connection with the quarterly report of Alpha ProTech, Ltd on Form 10-Q for the quarter ending March 31, 2007 as filed with theSecurities and Exchange Commission on the date hereof (the “Report”), I,Sheldon Hoffman Chief Executive Officer of the Company, certify, pursuant to 10U.S.C. ss. 1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of2002, that:

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

(2) The information contained in the Report fairlypresents, in all material respects, the financial condition and results ofoperations of the Company.
| DATE:  | **May 10 , 2007** |   | BY:    | /s/ SHELDON HOFFMAN                  |
|--------|-------------------|--------|--------|--------------------------------------|
|   |              |   |   | Sheldon Hoffman                      |
|   |              |   |   | Chief Executive Officer and Director |
|        |                   |        |        |                                      |  |

 

----
#### In the Matter of Mercury Insurance Group, Appellant, v Maria Ortiz et al., Respondents.

[855 NYS2d 577]

*882Mercury Insurance Group (hereinafter Mercury) commenced this proceeding to permanently stay arbitration of a claim for uninsured motorist benefits brought by its insured Maria Ortiz. Mercury alleged that on the date of the alleged incident, October 10, 2003, the vehicle owned and operated by the alleged tortfeasor Stephen M. Sontag was insured by State Farm Insurance (hereinafter State Farm). After a framed-issue hearing on whether State Farm had properly canceled that policy prior to October 10, 2003, the court denied the petition, and, in effect, dismissed the proceeding.

Strict compliance with Vehicle and Traffic Law § 313 is required for a notice of termination to be deemed effective as to third parties *(see*Vehicle and Traffic Law § 313 [1], [2]; *Matter of Progressive N. Ins. Co. v White,*23 AD3d 477, 478 [2005]; *Matter of Travelers Indemn. Co. v Shepard,*125 AD2d 681, 681-682 [1986]). Contrary to Mercury’s contention, the evidence adduced at the framed-issue hearing demonstrated that State Farm’s termination of Sontag’s policy, effective on August 22, 2003, complied with Vehicle and Traffic Law § 313 (1) and (2). Accordingly, because State Farm’s policy for the Sontag vehicle was no longer in effect on the date of the alleged incident, the Supreme Court properly denied Mercury’s petition to permanently stay arbitration and directed the parties to proceed to arbitration. Fisher, J.P., Miller, McCarthy and Chambers, JJ., concur.
# Index

# Table 1.1

# Table 1.2

# Table 1.3

# Table 1.4

# Table 1.5

# Table 1.6

# Table 1.7

# Table 1.8

# Table 1.9

# Table 1.10

# Table 1.11

# Table 1.12

# Table 5.3

# Table 5.4
I 

108TH CONGRESS 

1ST SESSION H. R. 88

To amend the Immigration and Nationality Act to modify the requirements 

for a child born abroad and out of wedlock to acquire citizenship based 

on the citizenship of the child’s father, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2003

Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 

to the Committee on the Judiciary 

A BILL

To amend the Immigration and Nationality Act to modify 

the requirements for a child born abroad and out of 

wedlock to acquire citizenship based on the citizenship 

of the child’s father, and for other purposes.

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Father’s Equity Act’’. 
2

•HR 88 IH 

1 SEC. 2. ACQUISITION OF CITIZENSHIP FOR CHILDREN 

2 BORN ABROAD AND OUT OF WEDLOCK TO A 

3 UNITED STATES CITIZEN FATHER. 

4 Section 309(a) of the Immigration and Nationality 

5 Act (8 U.S.C. 1409(a)) is amended—

6 (1) in paragraph (2), by adding ‘‘and’’ at the 

7 end; 

8 (2) by striking paragraph (3); 

9 (3) in paragraph (4), by striking ‘‘while the 

10 person is under the age of 18 years—’’ and inserting 

11 ‘‘at any time—’’; and 

12 (4) by redesignating paragraph (4) as para13 graph (3). 

14 SEC. 3. CLARIFICATION REGARDING DECEASED PARENTS 

15 OF CHILDREN BORN ABROAD AND OUT OF 

16 WEDLOCK. 

17 Section 309 of the Immigration and Nationality Act 

18 (8 U.S.C. 1409) is amended by adding at the end the fol19 lowing: 

20 ‘‘(d) Nothing in this section shall be construed to pre21 clude a person who is a citizen or national of the United 

22 States by virtue of a provision of this section from estab23 lishing such status under this title after the death of the 

24 person’s father, mother, or parents.’’. 
3

•HR 88 IH 

1 SEC. 4. EFFECTIVE DATE. 

2 The amendments made by this Act shall apply to per3 sons born out of wedlock who are alive on or after the 

4 date of the enactment of this Act.

Æ
**Exhibit 32.1**

 

**CEO CERTIFICATION PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

** **

** **

In connection with the Quarterly Report of Focus Enhancements, Inc.(the “Company”) on Form 10-Q for the period ended September 30, 2007, asfiled with the Securities and Exchange Commission on the date hereof (the “Report”),I, Brett Moyer, President and Chief Executive Officer of the Company, certify,pursuant to 18 U.S.C. § 1350, as adopted pursuant to § 906 ofthe Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

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

The information contained in the Report fairly presents, in allmaterial respects, the financial condition and result of operations of theCompany.
| /s/ Brett A. Moyer |   |
|--------------------|--------|

 

Brett A. MoyerChief Executive OfficerNovember 14, 2007
EXHIBIT 23.1

CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM

We hereby consent to the incorporation by
reference in the Registration Statements on Form S-3 (File Nos. 333-108570, 333-111525 and 333-115832), on Form S-4 (File No. 333-32446) and on Form S-8 (File Nos. 333-42598, 333-42596, 333-42594, 333-124265, and 333-137348) of
Curis, Inc. of our report dated March 31, 2006 relating to the financial statements, managements assessment of the effectiveness of internal control over financial reporting and the effectiveness of internal control over financial
reporting, which appears in this Form 10-K.



|                              
|------------------------------
|/S/ PRICEWATERHOUSECOOPERS LLP
|Boston, Massachusetts         
|March 2, 2007
EXHIBIT 32.1

      CERTIFICATION PURSUANT TO SECTION 06 OF THE SABANES-OXLEY ACT OF 2002
  (SUBSECTION (a) AND (b) OF SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES
                                      CODE)

Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, subsections (a) and
(b) of Section 1350 , chapter 63 of Title 18, United States Code), each of the
undersigned officers of Subjex Corporation, a Minnesota corporation (the
"Company"), does certify with respect to the Quarterly Report of the Company on
Form 10-QSB for the three months ended March 31, 2004 as filed with the
Securities and Exchange Commission (the "10-QSB Report") that: (1) the 10-QSB
Report fully complies with the requirements of Section 13(a) and 15(d) of the
Securities Exchange Act of 1934; and (2) the information contained in the 10-QSB
Report fairly presents in all material respects, the financial condition and
results of the Company.


                                        By  /s/ Andrew Hyder

                                        Andrew Hyder, CEO (acting CFO)
                                        January 19, 2006
<PAGE>

                                                                    EXHIBIT 99.1

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

I, Robert L. Howard-Anderson, certify, pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the
Annual Report of Occam Networks, Inc. on Form 10-K for the fiscal year ended
December 31, 2002 fully complies with the requirements of Section 13(a) or 15(d)
of the Securities Exchange Act of 1934 and that information contained in such
Annual Report on Form 10-K fairly presents in all material respects the
financial condition and results of operations of Occam Networks, Inc.

                                 By:    /s/ Robert L. Howard-Anderson
                                        ----------------------------------------
                                 Name:  Robert L. Howard-Anderson
                                        ----------------------------------------
                                 Title: President and Chief Executive Officer

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

I, Howard M. Bailey, certify, pursuant to 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that the Annual
Report of Occam Networks, Inc. on Form 10-K for the fiscal year ended December
31, 2002 fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and that information contained in such Annual
Report on Form 10-K fairly presents in all material respects the financial
condition and results of operations of Occam Networks, Inc.

                                 By:    /s/ Howard M. Bailey

                                        ----------------------------------------
                                 Name:  Howard M. Bailey

                                        ----------------------------------------
                                 Title: Chief Financial Officer

                                        ----------------------------------------
**Exhibit 32.1**

**CERTIFICATION PURSUANT TO**

**SECTION 1350, CHAPTER 63 OF TITLE 18, UNITED STATES CODE,**

**AS ADOPTED PURSUANT TO**

**SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

Pursuant to Section 1350, Chapter 63 of Title 18, United States Code, as adoptedpursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned, as chief executive officer of SMTC Corporation (the “Company”), does hereby certify that to the undersigned’s knowledge: 

1) Amendment Number 1 to the Company’s annual report on Form 10-K for the fiscal period ended January 4, 2009 fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and 

2) the information contained in Amendment Number 1to the Company’s annual report on Form 10-K for the fiscal period ended January 4, 2009 fairly presents, in all material respects, the financial condition and results of operations of the Company. 

 

Date: May 14, 2009 

A signed original of this written statement required by Section 906 has been provided to SMTC Corporation and will be retained by SMTC Corporation and furnished to the Securities and Exchange Commission or its staff upon request.
Exhibit 13.1


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

      I, Zvi Slonimsky, as Chief Executive Officer of Alvarion Ltd. (the
"Company"), certify, pursuant to 18 U.S.C.ss. 1350, as adopted by Section 906
of the Sarbanes-Oxley Act of 2002, that to my
knowledge:

      (1) the accompanying Annual Report on Form 20-F for the fiscal year
endedDecember 31, 2003 as filed with the U.S. Securities and Exchange Commission
(the "Report") fully complies with the requirements of Section 13(a) or 15(d) of
the Securities Exchange Act of 1934, as amended; and

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


Dated: June 23, 2004


                                           /s/ Zvi Slonimsky
                                           -----------------------
                                           Zvi Slonimsky
                                           Chief Executive Officer

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.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1997
<PERIOD-START>                             JUL-01-1997
<PERIOD-END>                               DEC-31-1997
<CASH>                                         471,307
<SECURITIES>                                         0
<RECEIVABLES>                                5,489,467
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                             6,500,132
<PP&E>                                      24,057,784
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              31,287,371
<CURRENT-LIABILITIES>                       28,963,037
<BONDS>                                      1,775,236
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           523
<OTHER-SE>                                     548,575
<TOTAL-LIABILITY-AND-EQUITY>                31,287,371
<SALES>                                     13,440,976
<TOTAL-REVENUES>                            13,440,976
<CGS>                                                0
<TOTAL-COSTS>                               15,884,885
<OTHER-EXPENSES>                             1,314,820
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             943,999
<INCOME-PRETAX>                            (4,702,209)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                        (4,702,209)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (4,702,209)
<EPS-PRIMARY>                                    (.90)
<EPS-DILUTED>                                        0
        

</TABLE>
## **Exhibit 31.2**

**Certification of the ChiefFinancial Officer**

(Pursuant to Rule13a-14(a))

I, Gary Williams, certifythat:

1.     I have reviewed this Form10-Q of Focus Enhancements, Inc.;

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

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

4.     The registrant’s othercertifying officer and I are responsible for establishing and maintainingdisclosure 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 oursupervision, to ensure that material information relating to the registrant,including its consolidated subsidiaries, is made known to us by others withinthose entities, particularly during the period in which this report is beingprepared;

(b) Evaluated the effectiveness of the registrant’sdisclosure controls and procedures and presented in this report our conclusionsabout the effectiveness of the disclosure controls and procedures, as of theend of the period covered by this report based on such evaluation; and

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

5.     The registrant’s other certifyingofficer and I have disclosed, based on our most recent evaluation of internalcontrol over financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or persons performing theequivalent functions):

(a) All significant deficiencies and materialweaknesses in the design or operation of internal control over financialreporting which are reasonably likely to adversely affect the registrant’sability to record, process, summarize and report financial information; and

(b) Any fraud, whether or not material, that involvesmanagement or other employees who have a significant role in the registrant’sinternal control over financial reporting.

Date: November 14, 2006
|        | /s/    | Gary Williams                    |   |
|--------|--------|----------------------------------|--------|
|   |   |                             |
|   |   | Gary Williams                    |
|   |   | Executive VP of  Finance and CFO |

 

----
#### UNITED STATES of America, Plaintiff-Appellee v. Patrick D. LOMAS, Defendant-Appellant.

No. 12-30610

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Dec. 17, 2012.

Helina S. Dayries, Assistant U.S. Attorney, Robert William Piedrahita, Esq., Assistant U.S. Attorney, U.S. Attorney’s Office, Baton Rouge, LA, for Plaintiff-Appellee.

Rebecca Louise Hudsmith, Esq., Federal Public Defender, Federal Public Defender’s Office, Western District of Louisiana, Lafayette, LA, for Defendant-Appellant.

Patrick D. Lomas, Pollock, LA, pro se.

Before DAVIS, OWEN, and HIGGINSON, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Patrick D. Lomas has moved for leave to withdraw and has filed a brief in accordance with *Anders v. California,*
      *321386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and *United States v. Flores,*632 F.3d 229 (5th Cir.2011). Lomas has 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 issue for appellate review. Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. *See*5th Cir. R. 42.2.

Pursuant to 5th Cir. 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 5th Cir. R. 47.5.4.
[No. 31328-6-II.

Division Two.

November 22, 2005.]

#### Willard McMickle et al., *Appellants,*v. John Lawson et al., *Respondents.*

Appeal from a judgment of the Superior Court for Pierce County, No. 00-2-04256-0, Edwin L. Poyfair, J., entered January 23, 2004. *Affirmed in part, reversed in part,*and *remanded*by unpublished opinion per Morgan, J. Pro Tern., concurred in by Armstrong and Hunt, JJ.
NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

 

:

DEAN W. SCHOMBURG, :

:

Plaintiff, :

:

v. :

:

DOW JONES & CO., :

:

Defendant. :

 :

 Civil No. 11-3410 (GEB)

OPINION AND ORDER

BROWN, Chief Judge

Plaintiff Dean W. Schomburg (“Schomburg”) filed a complaint on June 13, 2011, that

opened the above captioned case in this Court. (Doc. No. 1.) It appears that:

1. The Clerk of the Court will not file the complaint unless the person seeking relief pays

the entire applicable filing fee in advance or the person applies for and is granted in forma pauperis

status pursuant to 28 U.S.C. § 1915. See Local Civil R. 5.1(f).

2. The filing fee for commencing a civil action in this court is $350.00. See 28 U.S.C. §

1914(a). 

3. Schomburg did not prepay $350.00; rather, he submitted an application to proceed in this

matter in forma pauperis (IFP Application), pursuant to 28 U.S.C. § 1915. (IFP Application; Doc.

No. 1.)

4. Having considered Schomburg’s IFP Application, the Court concludes that Schomburg

has not adequately established that his financial condition renders him reasonably impoverished, or

Case 3:11-cv-03410-AET-TJB Document 4 Filed 12/15/11 Page 1 of 2 PageID: 15
that payment of the $350.00 filing fee is an undue hardship; instead, Schomburg’s IFP Application

lists not-insignificant net assets and regular monthly income that apparently exceeds expenses. 

Therefore, for the foregoing reasons;

IT IS THIS 15 day of December, 2011, hereby th

ORDERED that Schomburg’s IFP Application is DENIED; (Doc. No. 1.) 

ORDERED that the Clerk of the Court transmit a copyof this orderto Schomburg via regular

U.S. Mail;

ORDERED that the Clerk of the Court administratively terminate this matter without

prejudice to reopen if Schomburg pays the statutorily-mandated $350 filing fee;

ORDERED that, if this case is reopened in the future, the Clerk of the Court REASSIGN it

to another District Judge in the Trenton Vicinage. 

 /s/ Garrett E. Brown, Jr. 

GARRETT E. BROWN, JR., U.S.D.J.

Page 2 of 2

Case 3:11-cv-03410-AET-TJB Document 4 Filed 12/15/11 Page 2 of 2 PageID: 16
#### Covanta Niagara, L.P., Appellant, v Town of Amherst Garbage and Refuse District #1, Respondent.

[853 NYS2d 518]

Present—Scudder, P.J., Centra, Lunn, Fahey and Green, JJ. *[See*16 Misc 3d 656 (2007)].