alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Sara EVANS, Donald Alex Evans, on behalf of Emily Evans, a child and Jacob Evans, a child, individually, Plaintiffs-Appellants, Cross-Appellees, v. UNKNOWN AGENTS OF the DEPARTMENT OF CHILDREN AND FAMILIES, individually as agents of the DCF, Defendant-Appellee, M.D. John Wright, individually as an agent of the Child Protection Team, M.D. Jason Schulman, individually as an agent of the Child Protection Team, Marsha Christie, individually as an agent of the Child Protection Team, Defendants-Appellees, Cross-Appellants.

No. 07-12848.

United States Court of Appeals, Eleventh Circuit.

May 21, 2008.

Robert C. Buschel, Rothstein Rosenfeldt Adler, Ft. Lauderdale, FL, for Plaintiffs-Appellants, Cross-Appellees.

*936Helen Ann Hauser, Restani, Dittmar & Hauser, P.A., Sheridan Weissenborn, Papy Weissenborn Vraspir *&*Puga, P.A., Coral Gables, FL, for Defendants-Appellees, Cross-Appellants.

Before ANDERSON, HULL and SILER,* Circuit Judges.

*

 Honorable Eugene Siler, Jr., United States Circuit Judge for the Sixth Circuit, sitting by designation.

PER CURIAM:

After oral argument and careful consideration, we conclude that the judgment of the district court is due to be affirmed, although on grounds different from those relied upon by the district court. We need not address whether or not, or to what extent, any of the defendants are protected by absolute immunity, because we conclude that all defendants are entitled to qualified immunity. The allegations of the complaint set out ample justification for the actions taken by each of the defendants. To the extent that the complaint alleges actions which might have been actionable — e.g., the allegations of reliance upon false evidence — the allegations of the complaint are purely conclusory, without any support in specific factual allegations. Accordingly, we conclude that none of the defendants committed any constitutional violation, and we readily conclude that all of the defendants are protected by qualified immunity.

AFFIRMED.1

1

. All pending motions are denied.
Exhibit 32.2




CERTIFICATION
PURSUANT TO


18
U.S.C. SECTION 1350,


AS
ADOPTED PURSUANT TO


SECTION 906
OF THE SARBANES-OXLEY ACT OF 2002




In
connection with the Annual Report of Ensurapet, Inc. (the “Company”) on
Form 10-K (“Form 10-K”) for the period ended December 31, 2008 as
filed with the Securities and Exchange Commission on the date hereof, I, W.
Russell Smith, III, Principal Accounting 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, to my knowledge:




(1)
            The
      Form 10-K 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 Form 10-K fairly presents, in all
      material respects, the financial condition and results of operations of
      the Company.




/s/ W.
      RUSSELL SMITH, III
              
              W.
      Russell Smith, IIIPrincipal
      Accounting OfficerApril
      15, 2009
The Honorable Robert N. Armen, Jr., United States Tax Court Judge. 1 United States Court of Appeals

FOR THE EIGHTH CIRCUIT

___________ No. 96-3556

___________ Janis Diane Wynns; Harry Kirk * Wynns, * * Appellants, * * Appeal from the United States v. * Ta x Court. * Commissioner of Internal Revenue, * [UNPUBLISHED] *

Appellee. *

___________ Submitted: September 5, 199 7 Filed: September 10 , 1997

___________ Before FAGG, BOWMAN, and MURPHY, Circuit Judges.

___________ PER CURIAM. Janis D. and Harry K. Wynns appeal from the Unite d States Tax Court & s determination that the Interna l 1 Reven ue Service & s assessment of tax deficiencies wa s corre ct. Upon review of the record and the parties & briefs, we affirm the judgment of the Tax Court on th e basis of the reasons articulated in its decision. Se e 8th Cir. R. 47B.-2--3-

A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHT H CIRCUIT.
OrgNo Organization Name Reason for Action Termination Date

018222 EES SHIPPING PTY. LTD. Voluntary Surrender 2/9/2021

009876 FIORINO SHIPPING S.R.L. Failure to maintain a bond 2/11/2021

023872 PRIME CARGO A/S Voluntary Surrender 1/28/2021

FEDERAL MARITIME COMMISSION

Foreign Registered NVOCC Termination & Surrenders

January 26, 2021  to  February 25, 2021
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Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano, Justices

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

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

 April 28, 2014

t0421

Order 

Clerk

April 28, 2014

148312

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 148312

COA: 317542

Wayne CC: 12-002002-FC

STEFAN SIMPSON,

Defendant-Appellant.

_________________________________________/

On order of the Court, the application for leave to appeal the November 5, 2013 

order of the Court of Appeals is considered, and it is DENIED, because we are not 

persuaded that the questions presented should be reviewed by this Court.
Dated:  3/29/2007                                                                            In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties:By: /s/   Lloyd A. Brown                                                                 Title:Vice PresidentAsset Backed Securities CorporationI, Lloyd A. Brown, certify that:1.  I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of Asset Backed Securities Corporation Home Equity Loan Trust, Series NC 2006-HE2 (the "Exchange Act periodic reports");2.  Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do 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, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;4.  Based on my knowledge and the servicer compliance statements required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreements in all material respects; and5.  All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.Lloyd A. Brown**Exhibit 31 : Rule 13a-14(d)/15d-14(d) Certifications**Barclays Capital Real Estate Inc. d/b/a HomEq Servicing, as ServicerU.S. Bank National Association, as Trustee and Custodian
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



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  filing of the  Quarterly
Report on Form 10-QSB/A for the Quarter  Ended March 31, 2004 (the  "Report") by
National Coal Corp.  ("Registrant"),  each of the undersigned  hereby  certifies
that:

1.       to the  best of our  knowledge,  the  Report  fully  complies  with the
         requirements  of section 13(a) or 15(d) of the Securities  Exchange Act
         of 1934; and

2.       to the best of our knowledge,  the information  contained in the Report
         fairly presents, in all material respects,  the financial condition and
         results of operations of Registrant.






Date:  December 9, 2004                /s/ Jon Nix
                                       -----------------------------
                                       Jon Nix
                                       President and
                                       Chief Executive Officer






Date:  December 9, 2004                /s/ Robert Chmiel
                                       -----------------------------
                                       Robert Chmiel,
                                       Chief Financial Officer
**Exhibit 32.1**

**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                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/                Hui Xiaobing        |
|--------|----------------------------------------|
|   | Hui                Xiaobing            |
|   | Chief                Executive Officer |

----
EXHIBIT 32.1



CERTIFICATION PURSUANT TO SECTION 906

OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Annual Report of CurrencySharesSMMexican Peso Trust (the Trust) on Form 10-K for the fiscal year ended October 31, 2009 as filed with
the Securities and Exchange Commission on the date hereof (the Report), I, Nick Bonos, Chief Executive Officer of Rydex Specialized Products LLC, the Sponsor of the Trust, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant
to § 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, 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 Trust.



Date: January 14, 2010



|                             
|-----------------------------
|/s/ NICK BONOS               
|Nick Bonos*                  
|Chief Executive Officer      
|(principal executive officer)



|* | The Registrant is
a trust and Nick Bonos is signing in his capacity as the principal executive officer of Rydex Specialized Products LLC, the Sponsor of the Registrant.
|- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------
<partyblock><br><br><div align="center"><b><font size="+1">Ultimate Health Products, Inc., as Assignee of Georges Bercy, Respondent,<br><br>against<br><br>Omni Indemnity Company, Appellant.</font></b></div><br><br><p> Freiberg, Peck &amp; Kang, LLP (Yilo J. Kang, Esq.), for appellant. The Rybak Firm, PLLC, for respondent, (no brief filed).</p><p>Appeal from an order of the Civil Court of the City of New York, Kings County (Carol Ruth Feinman, J.), entered February 25, 2014. The order denied defendant's motion for summary judgment dismissing the complaint.</p><p>ORDERED that the order is reversed, with $30 costs, and defendant's motion for summary judgment dismissing the complaint is granted.</p><p>In this action by a provider to recover assigned first-party no-fault benefits, defendant appeals from an order of the Civil Court denying defendant's motion which sought summary judgment dismissing the complaint on the ground that defendant had not issued an insurance policy covering the vehicle which was involved in the accident in question.</p><p>For the reasons stated in <a href="../2015/2015_51294.htm" target="_blank"><i>Tam Med. Supply Corp. v Omni Indem. Co.</i>(48 Misc 3d 142</a>[A], 2015 NY Slip Op 51294[U] [App Term, 2d Dept, 2d, 11th &amp; 13th Jud Dists 2015]), the order is reversed and defendant's motion for summary judgment dismissing the complaint is granted.</p><p>PESCE, P.J., ALIOTTA AND SOLOMON, JJ., concur.</p><br>ENTER:<br>Paul Kenny<br>Chief Clerk<br>Decision Date: August 11, 2017<br><br><div align="center"><form method="LINK" action="../../slipidx/at_2_idxtable.shtml"><input type="submit" value="Return to Decision List"></form></div></partyblock>
Exhibit 35
                                  ----------

                      COUNTRYWIDE HOME LOANS SERVICING LP


                             OFFICERS' CERTIFICATE
                    ANNUAL STATEMENT OF THE MASTER SERVICER


                                  CWMBS, INC.
                   CHL MORTGAGE PASS-THROUGH TRUST 2006-OA4
              MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-OA4


      The undersigned does hereby certify that the undersigned is an officer
of Countrywide GP, Inc., general partner of Countrywide Home Loans Servicing
LP (the "Master Servicer"), and does hereby further certify pursuant to
Section 3.16 of the Pooling and Servicing Agreement for the above-captioned
Series (the "Agreement") that:

(i) A review of the activities of the Master Servicer during the preceding
calendar year and of the performance of the Master Servicer under the
Agreement has been made under my supervision; and

(ii) To the best of my knowledge, based on such review, the Master Servicer
has fulfilled all of its obligations under the Agreement in all material
respects throughout such calendar year.



/s/ Craig Baingo                                           Dated: March 14, 2007
-----------------

Craig Baingo
Executive Vice President, Finance
TALEEN A. ASHBY and JOHN 

W. ASHBY,

Appellants,

v.

WELLS FARGO BANK, N.A., 

AS TRUSTEE FOR THE 

CERTIFICATEHOLDERS OF 

SOUNDVIEW HOME LOAN 

TRUST 2007-OPT4, ASSETBACKED CERTIFICATES,

SERIES 2007-OPT4,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D16-1046

_____________________________/

Opinion filed March 6, 2017.

An appeal from the Circuit Court for Nassau County.

Adrian G. Soud, Judge.

Lynn Drysdale, Jacksonville Area Legal Aid, Inc., Jacksonville, for Appellants.

Monika E. Siwiec, Michael Eisenband, Nicole R. Topper, and David Ehrlich of 

Blank Rome, LLP, Boca Raton, for Appellee.

PER CURIAM.

AFFIRMED. See Bolous v. U.S. Bank Nat’l Ass’n, 41 Fla. L. Weekly D2448

(Fla. 4th DCA Nov. 2, 2016); Deutsche Bank Nat’l Trust Co. v. Marciano, 190 So. 

3d 166 (Fla. 5th DCA 2016).

OSTERHAUS, BILBREY, and WINOKUR, JJ., CONCUR.
#### Arbnor Muriqi, an Infant, by His Mother, Zelfiji Muriqi, Respondent, v City of New York, Respondent, and New York City Housing Authority, Appellant.

[664 NYS2d 802]

—Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered August 14, 1996, which granted petitioner’s application for leave to serve a late notice of claim, unanimously affirmed, without costs.

The application was properly granted where petitioner is an infant, the period of delay was only some two months, and respondent Housing Authority, which claimed ignorance of any *80defects in the injury-causing playground equipment prior to service of the instant application, failed to show any reason for not believing that the equipment was in the same condition at the time of such service as it was at the time of the accident. Concur—Sullivan, J. P., Ellerin, Wallach, Williams and Andrias, JJ.
EXHIBIT
32.2





STATEMENT
REQUIRED BY 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 on Form 10-K of Environment Ecology Holding
Co. of China for the fiscal year ended June 30, 2008, as filed with the
Securities and Exchange Commission (the "Report"), I, Ma, Shun Cheng, Chief
Financial Officer of the registrant, certify that:




* the
Report fully complies with the requirements of Section 13(a) or 15(d), as
applicable, of the Securities Exchange Act of 1934; and




* the
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the
Registrant.




/s/ Ma, Shun
Cheng


Ma, Shun
Cheng


Chief
Financial Officer,








Date:
October 8, 2008





This
certification accompanies this 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 Registrant for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended.
#### UNITED STATES of America, Plaintiff—Appellee, v. Desmond OLLIVIERRE, a/k/a James Franklin Bridges, Defendant—Appellant.

No. 06-4042.

United States Court of Appeals, Fourth Circuit.

Submitted: April 21, 2008.

Decided: May 16, 2008.

John H. Hare, Assistant Federal Public Defender, Columbia, South Carolina, for Appellant. Reginald I. Lloyd, United States Attorney, Kevin F. McDonald, Assistant United States Attorney, Columbia, South Carolina, for Appellee.

Before NIEMEYER, MICHAEL, and GREGORY, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Desmond Ollivierre was convicted by a jury in 2003 of one count of possession with intent to distribute crack cocaine and sentenced to 225 months imprisonment. This court affirmed Ollivierre’s conviction and sentence. *United States v. Ollivierre,*378 F.3d 412 (4th Cir.2004). The Supreme *254Court granted Ollivierre’s petition for writ of certiorari, vacated this court’s judgment and remanded for further consideration in light of *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). *See Ollivierre v. United States,*543 U.S. 1112, 125 S.Ct. 1064, 160 L.Ed.2d 1050 (2005). We, in turn, remanded the case for resentencing. *United States v. Ollivierre,*155 Fed.Appx. 644 (4th Cir.2005) (unpublished).

On remand, the district court resentenced Ollivierre to 210 months imprisonment. He appealed, challenging the district court’s refusal to depart from the advisory guidelines range which took into account the 100:1 crack to powder cocaine ratio. This court affirmed on the reasoning of *United States v. Eura,*440 F.3d 625 (4th Cir.2006) (holding that 100:1 ratio cannot be the basis of a variance), *vacated,*— U.S. -, 128 S.Ct. 853, — L.Ed.2d -(2008). Ollivierre again filed a petition for writ of certiorari and, again, the Supreme Court vacated his sentence and remanded to this court for further consideration in light of *Kimbrough v. United States,*— U.S. -, 128 S.Ct. 558, 564, 169 L.Ed.2d 481 (2007) (holding that a sentencing judge is free to consider the disparity between the Guidelines’ treatment of crack and powder cocaine offenses in determining whether, “in the particular case, a within-Guidelines sentence is ‘greater than necessary’ to serve the objectives of sentencing.”) (citing 18 U.S.C. § 3553(a) (2000)).

Upon review of the record, we conclude that resentencing is warranted. Therefore, we vacate Ollivierre’s sentence and remand to the district court for resentencing in light of *Kimbrough.*We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

*VACATED AND REMANDED.*
Federal Maritime Commission

Public Forum

International Supply Chain Efficiency: Challenges Facing 

South Atlantic Ports

Location: Charleston Area Convention Center

500 Coliseum Drive

North Charleston, SC 29418

Meeting Room 12-13

Date: Thursday, October 30,

Time: 8:30 AM – 5:00 PM

8:30 AM Arrival & Registration

9:00 AM Welcome - Commissioner Michael A. Khouri, Federal Maritime Commission

9:05 AM Panel I - Port Authority Executives

10:00 AM Panel II - Motor Carriers and Trucking Representatives

10:30 AM Panel III - Ocean Carriers

11:00 AM Panel IV - Railroads

11:30 PM Panel V - Chassis Providers

12:15 PM Lunch Break 

1:45 PM Panel VI - Labor

2:00 PM Panel VII - Shippers

2:45 PM Open Public Comments & Full Group Discussion

4:45 PM Closing Remarks 

5:00 PM Adjourn