alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
|   | (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. |
|--------|-----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| May      17, 2010 | By:             | /s/ D. JONATHAN    MERRIMAN         |   |
|-------------------|-----------------|------------------------------------------|--------|
|              |            | D.      Jonathan Merriman                |   |
|              |            | Chief Executive      Officer   |   |
|              |            |                                     |   |
|              | By:   | /s/ PETER V. COLEMAN                |   |
|              |            | Peter      V. Coleman                    |   |
|              |            | Chief Financial      Officer        |   |

----
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Transportation

###### Federal Aviation Administration

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Notice of meeting cancellation. 

# SUMMARY:

                        The FAA is issuing this notice to advise the public that the February 8 and 9, 2001, meeting of the Aging Transport Systems Rulemaking Advisory Committee (66 FR 8842, February 2, 2001) has been cancelled. The meeting will be rescheduled and announced in a later                         **Federal Register**                         notice.                    

# FOR FURTHER INFORMATION CONTACT:

                        Gerri Robinson, Office of Rulemaking,                               ( print page 9409)                            ARM-24, FAA, 800 Independence Avenue, SW., Washington, DC 20591, Telephone (202) 267-9078, FAX (202) 267-5075, or e-mail at gerri.robinson@faa.gov.                    

Issued in Washington, DC on February 2, 2001.

Anthony F. Fazio,

Director, Office of Rulemaking.

[FR Doc. 01-3308  Filed 2-5-01; 2:35 pm]

BILLING CODE 4910-13-M
BLD

- 100 NOT PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT

___________ No. 11

- 4648

___________ IN RE: CHARLES E. JACKSON , Petitioner

____________________________________ On a Petition for Writ of Mandamus fr om the United States District Court for the Eastern District of Pennsylvania (Related to E.D. Pa. Crim. No. 2

- 10

- cr - 00388

- 001 )

____________________________________ Submitted Pursuant to Rule 21, Fed. R. App. P.

January 26, 2012 Before: SCIRICA, SMITH and CHAGARES , Circuit Judges

( F iled : February 9, 2012 )

_________ OPINION OF THE COURT

_________ PER CURIAM
. The petitioner, a criminal defendant proceeding pro se in the United States District Court for the Eastern District of Pennsylvania, requests that we compel the Dis trict Court to rule on his pretrial motions to dismiss the indictment
. We decline to do so.

“ The remedy of mandamus is properly invoked only in extraordinary situations. ” In re Complaint of Bankers Trust Co. , 775 F.2d 545, 547 (3d Cir. 1985)
. A party seeking mandamus must show that he has “ no other adequate means to attain the relief he2

desires” and that his right to the writ is “clear and indisputable.” Kerr v. U.S. Dist. Ct. for N. Dist. of Cal. , 426 U.S. 394, 403 (1976) (citations omitted). Even w ith a successful showing, the decision to issue the writ rests on the Court’s exercise of its discretion. United States v. Ferri , 686 F.2d 147, 152 (3d Cir. 1982)
. Our review of the District Court docket reveals that the petitioner, who sought several co ntinuances and eventually decided to proceed pro se, filed an “Omnibus Pretrial Motion” in mid

- November of 2011. See ECF No. 89. Since that time, he has filed
numerous other pretrial motions, generating a steady flow of paper through December and into Ja nuary

— well past the December 28, 2011 filing date of his mandamus petition. See, e.g. , “Motion for Employment Records of F.B.I. Agents and Memorandum of Law,” ECF No. 111 (filed Jan. 13, 2012). More than one document references the dismissal of the indic tment, and all were filed rather recently. See, e.g. , ECF Nos. 89, 92, 104. The record further demonstrates that the Government has responded to many of these motions
. We see no indication that the District Court has “refused to act on a motion within its jurisdiction.” Cofab, Inc. v. Phila. Joint Bd., Amalgamated Clothing & Textile Workers Union , 141 F.3d 105, 110 (3d Cir. 1998) . No significant amount of time has elapsed that would suggest any abdication of jurisdictional responsibility. We are
con fident that the District Court will rule on outstanding motions in a timely manner. Accordingly, the petition for a writ of mandamus is denied.
#### Mathew DAVIS, Plaintiff-Appellant, v. GLENDALE UNIFIED SCHOOL DISTRICT; Zaven Shamoyan; Michael F. Escalante; Linda Evans; Christopher Coulter; Mark Brown; Sungsook Kim; Charlotte Sassounian; Mary W. Borger; Greg Krikorian; Nayiri Nahabedian; Joylene Wagner; Christine Walters; Tamar Kataroyan; H.A. Paz; County Of Los Angeles; Scott Shinagawa, Defendants-Appellees.

No. 12-55040.

United States Court of Appeals, Ninth Circuit.

Argued Jan. 6, 2014.

Submitted March 18, 2014.

Filed April 2, 2014.

Adam Brett Wolf, Esquire, Wolf Legal, P.C., San Francisco, CA, for Plaintiff-Appellant.

Nancy P. Doumanian, Anoushe S. Ma-randjian, Esquire, Doumanian & Associates, La Crescenta, CA, Joseph A. Lang-ton, Counsel, Anoushe S. Marandjian, Esquire, for Defendants-Appellees.

Before: KOZINSKI, Chief Judge, REINHARDT and CLIFTON, Circuit Judges.

MEMORANDUM *

A majority of the panel agrees that the grant of summary judgment was improper, but the judges disagree as to why. One judge believes that Davis has created a triable issue of fact as to whether the school district’s policy of allowing out-of-district seniors to finish their studies created a protected *property*interest, particularly because the school knowingly acquiesced in Davis’s continued enrollment without an out-of-district permit. *See Gerhart v. Lake County, Mont.,*687 F.3d 1013, 1020 (9th Cir.2011); *Orloff v. Cleland,*708 F.2d 372, 377 (9th Cir.1983).

The other judge in the majority would hold that Davis has created a triable issue of fact as to whether Davis’s disenrollment implicated a *liberty*interest. *See Goss v. Lopez,*419 U.S. 565, 574-76, 95 S.Ct. 729, 42 L.Ed.2d 725 (1975). Although the school district argues that “disenrollment” differs from expulsion, the form the school gave Davis (1) was titled “Expulsion Procedures: Due Process Rights;” (2) listed Davis’s “offense” as “Possessed, sold, or otherwise furnished any firearm, knife, explosive, or other dangerous object;” and (3) stated that Davis was entitled to several “Due Process Rights,” including a hearing. The second judge therefore believes that Davis has sufficiently shown that the disenrollment affected his liberty interest in his reputation to survive summary judgment.

REVERSED.

*

 This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
INDEPENDENT AUDITORS' REPORT


To the Partners
T. Rowe Price Realty Income Fund III,
America's Sales-Commission-Free Real Estate Limited Partnership:

We have audited the consolidated balance sheets of T. Rowe Price Realty
Income Fund III, America's Sales-Commission-Free Real Estate Limited
Partnership and its consolidated ventures as of December 31, 1996 and
1995, and the related consolidated statements of operations, partners'
capital and cash flows for each of the years in the three-year period
ended December 31, 1996.  In connection with our audits of the
consolidated financial statements, we also have audited the related
financial statement schedule.  These consolidated financial statements
and financial statement schedule are the responsibility of the
Partnership's management.  Our responsibility is to express an opinion
on these consolidated financial statements and financial statement
schedule based on our audits.

We conducted our audits in accordance with generally accepted auditing
standards.  Those standards require that we plan and perform the audit
to obtain reasonable assurance about whether the consolidated financial
statements are free of material misstatement.  An audit includes
examining, on a test basis, evidence supporting the amounts and
disclosures in the consolidated financial statements.  An audit also
includes assessing the accounting principles used and significant
estimates made by management, as well as evaluating the overall
consolidated financial statement presentation.  We believe that our
audits provide a reasonable basis for our opinion.

In our opinion, the consolidated financial statements referred to above
present fairly, in all material respects, the financial position of T.
Rowe Price Realty Income Fund III, America's Sales-Commission-Free Real
Estate Limited Partnership and its consolidated ventures as of
December 31, 1996 and 1995, and the results of their operations and
their cash flows for each of the years in the three-year period ended
December 31, 1996, in conformity with generally accepted accounting
principles.  Also in our opinion, the related financial statement
schedule, when considered in relation to the basic consolidated
financial statements taken as a whole, present fairly, in all material
respects, the information set forth therein.

                                     


                                KPMG Peat Marwick LLP

Chicago, Illinois
January 30, 1997<PAGE>
**Exhibit 32.01**

 

**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 TetriDyn Solutions, Inc. (the “Company”) on Form 10-QSB for the quarter ended March 31, 2007, as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, David W. Hempstead, 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, to the best of my knowledge and belief:

 
|   | (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/ David W. Hempstead

David W. Hempstead

Chief Executive Officer

Chief Financial Officer

May 3, 2007

 

A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement 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.
**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 AnnualReport of West Suburban Bancorp, Inc. (the “Company”) on Form 10-K for theperiod ending December 31, 2003 as filed with the Securities and ExchangeCommission on the date hereof (the “Report”), I, Duane G. Debs, President andChief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002,that:

 

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

 

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

 

 
| /s/ Duane G.  Debs                     |   |
|----------------------------------------|--------|
| Duane G.  Debs                         |
| President  and Chief Financial Officer |
| March 12,  2004                        |

 

 

A signed original of thiswritten statement required by Section 906 has been provided to West SuburbanBancorp, Inc. and will be retained by West Suburban Bancorp, Inc. and furnishedto the Securities and Exchange Commission or its staff upon request.

 

----
Exhibit 32.1

                    CERTIFICATION PURSUANT TO 18 U.S.C. 1350
         (As adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002)

     For the Quarterly Report of Cole Computer Corporation (the "Company")on
Form 10-QSB for the period ending March 31, 2004, (the "Report"), the
Undersigned Chief Executive Officer and Chief Financial Officer of the Company
hereby certify that:

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

(ii) the information contained in the Report fairly presents, in all material
respects, the financial condition and results of operations of the Company as of
and for the periods covered in the Report.


Dated: August 19, 2004


/s/ John Ruth
--------------------------------------
John Ruth, Chief Executive Officer


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

[This Section 906 certification accompanies the Report, but is not "filed" as
part of the Report.]
Exhibit 23.2

                         Consent of Independent Auditors

We consent to the  incorporation  by  reference in the  Registration  Statements
(Form  S-8 No.s  333-74635  and  333-74631)  pertaining  to the  Total  Research
Corporation  1995 Stock  Incentive  Plan and the 1986 Employee Stock Option Plan
and in the related  Prospectus'  of our report dated  September  21, 1998,  with
respect to the consolidated  financial  statements of Total Research Corporation
included in the Annual Report (Form 10-K) for the year ended June 30, 1998.




/s/Amper Politzer & Mattia PA

September 27, 2000
Edison, New Jersey
```

[Federal Register Volume 66, Number 4 (Friday, January 5, 2001)]
[Notices]
[Page 1179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-353]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice #3520]

Secretary of State's Advisory Committee on Private International 
Law Renewal

    The Department of State has renewed the Charter of the Secretary of 
State's Advisory Committee on Private International Law (ACPIL). The 
Under Secretary for Management has determined that ACPIL is necessary 
and in the public interest.
    ACPIL will continue to assist the Department to coordinate 
effective United States participation in international efforts to unify 
private law between nations. ACPIL enables the Department to obtain the 
expert and considered views of private sector interests most 
knowledgeable of, as well as most affected by, international activities 
in this field.
    ACPIL consists of members of private sector organizations, bar 
associations, national legal organizations, and federal and state 
government agency and judicial interests concerned with private 
international law. ACPIL will follow the procedures prescribed by the 
Federal Advisory Committee Act (FACA) (Pub. L. 92-463). Meetings will 
be open to the public unless a determination is made in accordance with 
Section 10(d) of the FACA, 5 U.S.C. 552b(c)(1) and (4), that a meeting 
or a portion of the meeting should be closed to the public.
    For more information, please contact Harold Burman, Executive 
Director ACPIL, Office of the Legal Adviser, 2430 E Street, NW, South 
Bldg., Suite 203, Washington, DC 20037-2851, phone 202 776-8420.

Jeffrey D. Kovar,
Assistant Legal Adviser for Private International Law, Department of 
State.
[FR Doc. 01-353 Filed 1-4-01; 8:45 am]
BILLING CODE 4710-08-U
```
I 

117TH CONGRESS 

1ST SESSION H. R. 3746 

To amend title XVIII of the Social Security Act to improve the benchmarking 

process for the Medicare Shared Savings Program. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 8, 2021 

Mr. ARRINGTON (for himself, Ms. SEWELL, Mr. DUNN, Mr. O’HALLERAN, Mr. 

GOODEN of Texas, Ms. DELBENE, Mr. BERA, and Mr. KELLY of Pennsylvania) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committee on Energy 

and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title XVIII of the Social Security Act to improve 

the benchmarking process for the Medicare Shared Savings Program. 

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 ‘‘Accountable Care in 

5 Rural America Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 3746 IH

1 SEC. 2. EXCLUSION OF MEDICARE FEE-FOR-SERVICE BENE2 FICIARIES ASSIGNED TO AN ACO FROM AS3 PECTS OF OTHER PAYMENT MODELS IN CER4 TAIN CIRCUMSTANCES INCLUDING DETER5 MINATION OF REGIONAL ADJUSTMENTS. 

6 Section 1899(i)(3) of the Social Security Act (42 

7 U.S.C. 1395jjj(i)(3)) is amended— 

8 (1) in subparagraph (A), by striking ‘‘subpara9 graph (B)’’ and inserting ‘‘subparagraphs (B) and 

10 (C)’’; and 

11 (2) by adding at the end the following new sub12 paragraph: 

13 ‘‘(C) EXCLUSION OF ASSIGNED BENE14 FICIARIES IN CERTAIN CIRCUMSTANCES IN15 CLUDING DETERMINATION OF REGIONAL AD16 JUSTMENTS.—For performance periods begin17 ning on or after the date of the enactment of 

18 this subparagraph, in determining any shared 

19 savings for any ACO under a model described 

20 in this paragraph, the Secretary shall— 

21 ‘‘(i) remove Medicare fee-for-service 

22 beneficiaries who are assigned to that ACO 

23 from the methodology for calculating re24 gional expenditures used to establish, up25 date, and adjust the benchmark expendi26 tures; and 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 3746 IH

1 ‘‘(ii) otherwise ensure that no such 

2 ACO is in a less favorable financial posi3 tion due to differences between the share 

4 of Medicare fee-for-service beneficiaries as5 signed to the ACO of all such beneficiaries 

6 in the counties an ACO operates in com7 pared to the share of such beneficiaries as8 signed to other ACOs.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS
##### 



Exhibit 21.1
 LodgeNet Interactive Corporation and Subsidiaries
Subsidiaries of the Company
 Company Name
    
    Jurisdiction of IncorporationLodgeNet StayOnline, Inc.
    
    DelawareLodgeNet Entertainment Canada Corporation
    
    Ontario, CALodgeNet International
    
    DelawareEquipment OCV, Inc.
    
    DelawareHotel Digital Network, Inc.
    
    CaliforniaOn Command Corporation
    
    DelawareOn Command Canada Inc.
    
    Ontario, CAOn Command Development Corp
    
    DelawareOn Command Video Corp
    
    DelawareOnCo-HTV, Inc.
    
    DelawarePuerto Rico VEC
    
    DelawareSpectradyne International, Inc.
    
    DelawareThe Hotel Networks, Inc.
    
    DelawareVirgin Islands VEC
    
    Delaware
**Exhibit 31.3****PRINCIPAL ACCOUNTING OFFICER’S CERTIFICATION:**I, Patrick G. Mackey, certify that: 1. I have reviewed this Quarterly Report of Berliner Communications, Inc.  2. Based on my knowledge, this Quarterly Report does not contain any untruestatement of a material fact or omit to state a material fact necessary to make thestatements 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 financialinformation included in this Quarterly Report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrant as of,and for, the periods presented in this Quarterly Report.  4. The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inSecurities Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant, and we have:a) designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under our supervision, toensure that material information relating to the registrant, including itsconsolidated subsidiaries, is made known to us by others within thoseentities, particularly during the period in which this Quarterly Report, isbeing prepared;b) evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this Quarterly Report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the end ofthe period covered by this Quarterly Report, based on such evaluation; andc) disclosed in this report any change in the registrant’s internal controlover financial reporting that occurred during the registrant’s most recentfiscal quarter (the registrant’s fourth fiscal quarter in the case of anannual report) that has materially affected, or is reasonably likely tomaterially affect, the registrant’s internal control over financialreporting. 5. The registrant’s other certifying officer and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the Audit Committee of the registrant’s Board of Directors(or persons performing the equivalent functions):a) all significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which are reasonablylikely to adversely affect the registrant’s ability to record, process,summarize and report financial information; andb) any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internal controlsover financial reporting.Date: November 14, 2006                                                       /s/ Patrick G. Mackey   Patrick G. Mackey   Senior Vice President