alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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88 A.3d 968

#### Nicholas FATIGA, Petitioner v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent.

No. 25 EM 2014.

Supreme Court of Pennsylvania.

April 1, 2014.

*ORDER*

PER CURIAM.

AND NOW, this 1st day of April, 2014, the Petition for Leave to File Petition for Allowance of Appeal *Nunc Pro Tunc*is DENIED.
{"version":"1.0","provider_name":"Federal Maritime Commission","provider_url":"https:\/\/www.fmc.gov","author_name":"cmoran","title":"IPR Center welcomes two new partner agencies - Federal Maritime Commission","type":"rich","width":600,"height":338,"html":"<blockquote class=\"wp-embedded-content\" data-secret=\"NPZORAsjrx\"><a href=\"https:\/\/www.fmc.gov\/articles\/ipr-center-welcomes-two-new-partner-agencies\/\">IPR Center welcomes two new partner agencies<\/a><\/blockquote><iframe sandbox=\"allow-scripts\" security=\"restricted\" src=\"https:\/\/www.fmc.gov\/articles\/ipr-center-welcomes-two-new-partner-agencies\/embed\/#?secret=NPZORAsjrx\" width=\"600\" height=\"338\" title=\"“IPR Center welcomes two new partner agencies” — Federal Maritime Commission\" data-secret=\"NPZORAsjrx\" frameborder=\"0\" marginwidth=\"0\" marginheight=\"0\" scrolling=\"no\" class=\"wp-embedded-content\"><\/iframe><script>\n\/*! This file is auto-generated *\/\n!function(d,l){\"use strict\";l.querySelector&&d.addEventListener&&\"undefined\"!=typeof URL&&(d.wp=d.wp||{},d.wp.receiveEmbedMessage||(d.wp.receiveEmbedMessage=function(e){var t=e.data;if((t||t.secret||t.message||t.value)&&!\/[^a-zA-Z0-9]\/.test(t.secret)){for(var s,r,n,a=l.querySelectorAll('iframe[data-secret=\"'+t.secret+'\"]'),o=l.querySelectorAll('blockquote[data-secret=\"'+t.secret+'\"]'),c=new RegExp(\"^https?:$\",\"i\"),i=0;i<o.length;i++)o[i].style.display=\"none\";for(i=0;i<a.length;i++)s=a[i],e.source===s.contentWindow&&(s.removeAttribute(\"style\"),\"height\"===t.message?(1e3<(r=parseInt(t.value,10))?r=1e3:~~r<200&&(r=200),s.height=r):\"link\"===t.message&&(r=new URL(s.getAttribute(\"src\")),n=new URL(t.value),c.test(n.protocol))&&n.host===r.host&&l.activeElement===s&&(d.top.location.href=t.value))}},d.addEventListener(\"message\",d.wp.receiveEmbedMessage,!1),l.addEventListener(\"DOMContentLoaded\",function(){for(var e,t,s=l.querySelectorAll(\"iframe.wp-embedded-content\"),r=0;r<s.length;r++)(t=(e=s[r]).getAttribute(\"data-secret\"))||(t=Math.random().toString(36).substring(2,12),e.src+=\"#?secret=\"+t,e.setAttribute(\"data-secret\",t)),e.contentWindow.postMessage({message:\"ready\",secret:t},\"*\")},!1)))}(window,document);\n<\/script>\n","description":"NR 14-15 Contact: Karen V. Gregory, Secretary (202-523-5725) WASHINGTON \u2013 In an effort to bolster international partnerships and information sharing on intellectual property crime, the Federal Maritime Commission and the U.S. Postal Service Office of Inspector General (USPS OIG) joined the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations-led National Intellectual Property Rights Coordination Center (IPR [...]","thumbnail_url":"https:\/\/www.fmc.gov\/wp-content\/uploads\/2024\/06\/seal_final_sm.jpg","thumbnail_width":300,"thumbnail_height":293}
|   | (1) | the Annual Report on Form 10-K/A of Independence Energy, Corp. for the year ended January 31, 2013 (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 Intervia Inc. |
|--------|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated:  February 10, 2014 |   |                                                                                           |
|-------------------------------------|--------|------------------------------------------------------------------------------------------------|
|                                |   |                                                                                           |
|                                |   |                                                                                           |
|                                |   | /s/ Gregory Rotelli                                                                            |   |   |
|                                |   | Gregory Rotelli                                                                                |
|                                |   | President, Chief Executive Officer, Chief Financial Officer, Treasurer, Secretary and Director |
|                                |   | (Principal Executive Officer, Principal Financial Officer and Principal Accounting Officer)    |
|                                |   | Independence Energy Corp.                                                                      |

----
#### Bharatt DIAL, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee.

No. 10-11829

Non-Argument Calendar.

United States Court of Appeals, Eleventh Circuit.

Nov. 18, 2010.

Roger W. Plata, Roger W. Plata, PA, St. Petersburg, FL, for Plaintiff-Appellant.

*421Brian C. Huberty, Jessica V. Johnson, Holly G. Grimes, Mary Ann Sloan, John C. Stoner, Dennis R. Williams, Social Security Office, Office of the General Counsel, Atlanta, GA, A. Brian Albritton, David Paul Rhodes, Susan Roark Waldron, U.S. Attorney’s Office, Tampa, FL, for Defendant-Appellee.

Before BARKETT, PRYOR and ANDERSON, Circuit Judges.

PER CURIAM:

Bharatt Dial appeals from the district court’s order affirming the Social Security Commissioner’s denial of his application for disability insurance benefits, pursuant to 42 U.S.C. § 405(g). “We review the Commissioner’s decision to determine if it is supported by substantial evidence and based on proper legal standards.” *Crawford v. Comm’r of Soc. Sec.,*363 F.3d 1155, 1158 (11th Cir.2004) (quotation omitted).

In this case, the Administrative Law Judge (“ALJ”) denied Dial’s application on the ground that he could perform his past relevant work and other jobs in the regional economy. In reaching this conclusion, the ALJ relied exclusively on the testimony of a vocational expert (“VE”). However, it is undisputed that the ALJ failed to include all of Dial’s employment limitations in the hypothetical questions posed to the VE. Thus, the VE’s testimony did not constitute substantial evidence upon which the ALJ could rely. *Jones v. Apfel,*190 F.3d 1224, 1229 (11th Cir.1999); *Pendley v. Heckler,*767 F.2d 1561, 1562-63 (11th Cir.1985).

Nonetheless, the district court found, and the Commissioner contends, that this error was harmless because, according to the job descriptions contained in the Dictionary of Occupational Titles (“DOT”), Dial’s past relevant work and other jobs in the regional economy would not require him to perform duties inconsistent with his employment limitations. However, while the ALJ could have chosen to rely on the DOT, he instead relied only on the testimony of the VE, who was not instructed on all of Dial’s limitations. Thus, we cannot say that the ALJ’s error was harmless. *Cf. Diorio v. Heckler,*721 F.2d 726, 728 (11th Cir.1983) (concluding that the ALJ’s factual errors were harmless only because they were irrelevant to the ALJ’s legal determination).

VACATED AND REMANDED.
Exhibit 18

October 6, 2009

OMNOVA Solutions Inc.

175 Ghent Road

Fairlawn, Ohio 44333

Dear Members of Management,

Note A of Notes to
the Unaudited Interim Consolidated Financial Statements of OMNOVA Solutions Inc. (the Company) included in its Form 10-Q as of and for the three- and nine-months ended August 31, 2009 describes a change in method of accounting to
eliminate a previously existing one-month lag in reporting for certain of the Companys subsidiaries outside the United States. We conclude that the elimination of the previously existing difference between the parent company and certain of its
consolidated subsidiaries, which represents a change in accounting principle, is to an acceptable alternative method which, based on your business judgment to make this change and for the stated reason, is preferable in your circumstances. We have
not conducted an audit in accordance with the standards of the Public Company Accounting Oversight Board (United States) of any financial statements of the Company for any periods subsequent to November 30, 2008, and therefore we do not express
any opinion on any financial statements subsequent to that date.



|                      
|----------------------
|Very truly yours,     
|                      
|/s/ Ernst & Young, LLP
|Ernst & Young, LLP    
|Akron, Ohio
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 Annual Report of Snap Interactive, Inc. (the “Company”)
on Form 10-K for the year ended December 31, 2008 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Clifford Lerner,
President, Chief Executive Officer and Chief Financial 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; and2.
            The
      information contained in the Annual Report fairly presents, in all
      material respects, the financial condition and result of operations of
      Snap Interactive, Inc.




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.






SNAP
INTERACTIVE, INC.




By:
                /s/
      Clifford LernerCLIFFORD
      LERNERPresident,
      Chief Executive Officer,
                  Chief
      Financial Officer,




Date:
March 23, 2009
* 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 June 25, 2003 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 02-40965 Conference Calendar

UNITED STATES OF AMERICA, Plaintiff-Appellee,

versus SYDNEY LIONEL ELLIS, Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. M-02-CR-164-1

-------------------- Before DeMOSS, DENNIS, and PRADO, Circuit Judges. PER CURIAM: * Sydney Lionel Ellis appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Ellis contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b) are unconstitutional. He argues that the prior conviction that resulted in his increased sentence is an element of a separate offense under 8 U.S.C. § 1326(b) that should have been alleged in his indictment. Ellis maintains that he pleaded guilty to anNo. 02-40965 -2- indictment which charged only simple reentry under 8 U.S.C. § 1326(a). He argues that his sentence exceeds the two-year maximum term of imprisonment which may be imposed for that offense.
In Almendarez-Torres v. United States , 523 U.S. 224, 235 (1998), the Supreme Court held that the enhanced penalties in 8 U.S.C. § 1326(b) are sentencing provisions, not elements of separate offenses. The Court further held that the sentencing provisions do not violate the Due Process Clause. Id. at 239-47. Ellis acknowledges that his arguments are foreclosed by Almendarez-Torres , but asserts that the decision has been cast into doubt by Apprendi v. New Jersey , 530 U.S. 466, 490 (2000). He seeks to preserve his arguments for further review. Apprendi did not overrule Almendarez-Torres
. See Apprendi , 530 U.S. at 489-90; United States v. Dabeit , 231 F.3d 979, 984 (5th Cir. 2000). This court must follow Almendarez-Torres “unless and until the Supreme Court itself determines to overrule it.” Dabeit , 231 F.3d at 984 (internal quotation marks and citation omitted). The judgment of the district court is
AFFIRMED. The Government has moved for a summary affirmance in lieu of filing an appellee’s brief. In its motion, the Government asks that an appellee’s brief not be required. The motion is GRANTED. AFFIRMED; MOTION GRANTED.
PreviousNext

## FMCS Statement on Agreement Between the Chicago Symphony Orchestra And the Chicago Federation of Musicians

Release date: 9/28/2015

**WASHINGTON, D.C. —** Allison Beck, Director of the U.S. Federal Mediation and Conciliation Service (FMCS), announced today that representatives of the Chicago Symphony Orchestra and the Chicago Federation of Musicians have reached a tentative agreement on a new collective bargaining agreement under the auspices of FMCS mediators.

The parties are not commenting regarding details of the agreement until both sides have ratified the new contract later this week.

As is Agency practice, the FMCS also is not releasing information about the contract until the ratification process has been completed.

For a PDF version of the FMCS statement, click here.

**Update**: The tentative agreement was ratified on October 29. To access the joint news release issued by the parties, click here.

John Arnold

#### Share This Story, Choose Your Platform!

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<PAGE>
                                                                               .
                                                                               .
                                                                               .

                                   EXHIBIT 21
                           SUBSIDIARIES OF ADVO, INC.
                            AS OF SEPTEMBER 25, 2004

<Table>
<Caption>
                                                                                     PERCENT OF VOTING
                                                                                    SECURITIES OWNED AS
STATE OF INCORPORATION                        NAME OF SUBSIDIARY                   OF SEPTEMBER 25, 2004
----------------------                        ------------------                   ---------------------
<S>                           <C>                                                  <C>
Delaware                      ADVO Investment Company, Inc......................            100
Delaware                      Value Fair, Inc...................................            100
Delaware                      MBV, Inc..........................................            100
Delaware                      Stighen, Inc. (formerly Marketing Force, Inc.)....            100(1)
Delaware                      MailCoups, Inc....................................            100
Delaware                      Coupon Distributors, Inc..........................            100(2)
Delaware                      ShopWise.com, Inc.................................            100
Maryland                      Mail Marketing Systems, Inc.......................            100
Delaware                      New England Direct, LLC...........................             50
Delaware                      Detroit Weekend Direct............................             50
Nova Scotia, Canada           ADVO Canada, Inc..................................            100(1)
Nova Scotia, Canada           Breezeway Communications LTD......................            100(1)
</Table>

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

(1) Owned by ADVO Investment Company, Inc.

(2) A wholly-owned subsidiary of MailCoups, Inc.

(3) A wholly-owned subsidiary of ShopWise.com, Inc.
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DISTRICT

A.A., the Mother,

Appellant,

v.

DEPARTMENT OF CHILDREN AND FAMILIES and GUARDIAN AD 

LITEM PROGRAM,

Appellee.

Nos. 4D18-2099 & 18-2100

[November 8, 2018]

Consolidated appeal from the Circuit Court for the Seventeenth Judicial 

Circuit, Broward County; Yael Gamm, Judge; L.T. Case No. 11-4583DP.

Sean Conway of Sean Conway Law Firm, P.A., Fort Lauderdale, for 

appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Carolyn Schwarz, 

Assistant Attorney General, West Palm Beach, for appellee Department of 

Children and Families.

Laura J. Lee, Appellate Counsel, Joanna Summers Brunell, Appellate 

Counsel, and Thomasina Moore, Statewide Director of Appeals, 

Tallahassee, for appellee Guardian ad Litem Program.

PER CURIAM.

Affirmed.

MAY, LEVINE and KLINGENSMITH, JJ., concur. 

* * *

Not final until disposition of timely filed motion for rehearing.
Exhibit
10.1




AMENDMENT
TO




EMPLOYMENT
AGREEMENT




This
Amendment to Employment Agreement (this “Amendment”), dated November 15, 2009,
is made by and among American Oriental Bioengineering Inc., a Nevada corporation
(the “Company”), and Tony Liu, residing at Nangang District, Harbin,
China  (the “Executive”).  Any capitalized term not defined
herein shall have the meaning for such term specified in the Employment
Agreement (as defined below).




WHEREAS, the Executive and the
Company entered into an Employment Agreement dated April 9, 2008, and effective
as of April 20, 2008 (the “Employment Agreement”);





WHEREAS,  under the
Employment Agreement, the Executive was initially granted an option to
purchase a certain number of shares of common stock (the "Initial Option
Grant"), which number was based upon the Company's internal method for
valuing each share of common stock underlying the stock option at the time
of the grant (the "Per Share Value"), to reach a total annual compensation
value for accounting purposes (the "Total Value") ;





WHEREAS, as the result of an
error in the calculation of the Per Share Value, the number of shares
issuable under the Initial Option Grant was incorrect and should have been lower
although the Total Value remains unchanged and the exercise price remains
unchanged from the date of the Initial Option Grant;





WHEREAS, the Initial
Option Grant should be reduced and the Compensation Committee of the Board of
Directors has ratified, approved and confirmed in all respects, the
reduction in the Initial Option Grant;




NOW THEREFORE,in
consideration of the foregoing and for other consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto, intending to be
legally bound, hereby agree as follows:




1. Section 7
of the Employment Agreement is hereby amended by deleting “307, 428” as the
number of shares of common stock that the Executive can purchase under the stock
options, and replacing it with “111,850.”




2. Except as
specifically amended hereby, the Employment Agreement shall continue in full
force and effect unmodified and the parties hereby reaffirm the
same.




3. This
Amendment shall be construed in accordance with and governed by the laws of the
State of New York, without giving effect to the conflict of laws principles
thereof.




4. This
Amendment may be signed in any number of counterparts, each of which shall be an
original and all of which shall be deemed to be one and the same instrument,
with the same effect as if the signatures thereto and hereto were upon the same
instrument.  A facsimile signature shall be deemed to be an original
signature for purposes of this Amendment.




[Remainder
of page intentionally left blank]




1





IN WITNESS WHEREOF, the
parties hereto have duly executed this Amendment as of the day and year first
above written.








AMERICAN ORIENTAL
      BIOENGINEERING, INC.By:  /s/ Yanchun
      LiName: Yanchun
      LiTitle:   Chief
      Financial Officer





EXECUTIVE:





/s/ Tony
Liu


Tony
Liu








2
EXHIBIT 32.1

CERTIFICATION OF

CURTIS W. MEWBOURNE / CHIEF EXECUTIVE OFFICER

OF MEWBOURNE DEVELOPMENT CORPORATION

PURSUANT TO 18 U.S.C. § 1350

I, Curtis W. Mewbourne, Chief Executive Officer of Mewbourne Development Corporation, Managing General Partner of Mewbourne Energy Partners
06-A, L.P. (the Registrant), hereby certify that the accompanying report on Form 10-K, for the annual period ended December 31, 2009 and filed with the Securities and Exchange Commission on the date hereof pursuant to
Section 13(a) of the Securities Exchange Act of 1934 (the Report) by the Registrant fully complies with the requirements of that section.

I further certify that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.



/s/ Curtis W. MewbourneName: Curtis W. MewbourneDate:   March 31, 2010