alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 20

- 0340 V

UNPUBLISHED

RACHEL RUTKOWSKI

,

Petitioner,

v.

SECRETARY OF HEALTH AND

HUMAN SERVICES,

Respondent. Chief Special Master Corcoran

Filed: August 31, 2021

Special Processing Unit (SPU) ;
Rul ing on Entitlement; Concession;
Table Injury; Influenza (Flu) Vaccine; Shoulder Injury Related to Vaccine Administration (SIRVA)

Paul R. Brazil, Muller Brazil, LLP, Dresher, PA , for P etitioner.

Ida Nassar , U.S. Department of Justice, Washington, DC, for R espondent.

RULING ON ENTITLEMENT 1

On March 25, 2020

, Rachel Rutkowski filed a petition for compensation under the National Vaccine Injury Compensation Program, 42 U.S.C. §300aa

- 10, et seq. 2 (the “Vaccine Act”). Petitioner alleges that she suffered a “ left shoulder injury resulting from

the adverse effects of an influenza vaccination ” she received on October 1, 2018 . Petition

at ¶ 1

. T he case was assigned to the Special Processing Unit of the Office of Special

Masters.

On August 31, 2021

, R espondent filed his Rule 4(c) report in which he concedes

that P etitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report at

1. Specifically, R espondent agrees that Petitioner had no relevant history of pain,

inflammat ion, or dysfuncti on in her left shoulder; Petitioner ’ s pain and reduced range of

1 Because this unpublished R uling contains a reasoned explanation for the action in this case, I am required
to post it on the United States Court of Federal Claims' website in accordance with the E

- Government Act

of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic Government Services). This means the R uling will be available to anyone with access to the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy. If, upon review, I agree that

the identified material f its within this definition, I will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99

- 660, 100 Stat. 3755

. Hereinafter, for ease

of citation, all section references to the Vaccine Act will be to the pertinent subpara graph of 42 U.S.C. § 300aa (2012 ).2 motion occurred within 48 hours of receipt of an intramuscular vaccination; Petitioner ’ s symptoms were limited to the shoulder in which the vaccine was administered; and no other condition or abnormality was identified to exp lain Petitioner ’ s symptoms

. Id. at 5

- 6

.

In view of R espondent’s position and the evidence of record, I find that

P etitioner is entitled to compensation.

IT IS SO ORDERED.

s/ Brian H. Corcoran

Brian H. Corcoran

Chief Special Master
#### Jeremy SONNIER, Plaintiff-Appellant, v. John CRAIN, Dr., in his official capacity as Interim President of Southeastern Louisiana University; Jim McHodgkins, Individually and in his official capacity as Assistant Vice President for Student Affairs at Southeastern Louisiana University; Thomas Carmichael, Individually and in his official capacity as Police Officer for University Police Department at Southeastern Louisiana University, Defendants-Appellees.

No. 09-30186.

United States Court of Appeals, Fifth Circuit.

Feb. 23, 2011.

Nathan W. Kellum, Jonathan Andrew Scruggs (argued), Alliance Defense Fund, Memphis, TN, for Sonnier.

Linda Law Clark (argued), Dianne M. Irvine, DeCuir, Clark & Adams, L.L.P., Baton Rouge, LA, for Defendants-Appellees.

Before GARWOOD, DAVIS and DENNIS, Circuit Judges.

PER CURIAM:

We withdraw our earlier order denying panel rehearing and substitute the following:

The motion for panel rehearing is GRANTED in part and DENIED in part as outlined below.

We withdraw Section IV of the opinion of the panel majority with the exception of *779Section IV(D). We also withdraw the Conclusion of that opinion. For reasons assigned in Section IV(D) of the panel majority opinion (the section of the opinion dealing with the regulation of security fees that may be imposed on the speaker), we conclude that the district court erred in refusing to declare that section of the regulation facially invalid. To that extent only we vacate the order of the district court.

With respect to the balance of the regulation, we conclude that the district court did not abuse its discretion in denying the preliminary injunction at this early stage of the litigation and without the benefit of any context facts on which to base its order. Thus, the district court’s order in all other respects denying the preliminary injunction is AFFIRMED and the case is REMANDED to the district court for further proceedings.

DENNIS, Circuit Judge,

concurring in part and dissenting in part:

For the reasons given in my previous partial dissents in this case, I continue to believe that the panel majority has erred in affirming the district court’s failure to consider and decide the plaintiffs as-applied challenge, and also in failing to apply the correct principles of law to his facial challenge (except as to the security fee provision, which we agree is unconstitutional). *Sonnier v. Crain,*613 F.3d 436, 449-79 (5th Cir.2010) (Dennis, J., concurring in part and dissenting in part); *Sonnier v. Crain,*2011 WL 452085, *2-6 (5th Cir.2011) (Dennis, J., dissenting from the denial of panel rehearing). Therefore, I continue to respectfully concur in part and dissent in part.
EXHIBIT 99(1) 
Page 1 of 1

CTG RESOURCES, INC.
Quarterly Report on Form 10-Q
Exhibit Index

Quarter Ended June 30, 2000

|        |                                                                                                                 | DocumentDescription
|------- | --------------------------------------------------------------------------------------------------------------- | -------------------
|Item    | Description                                                                                                    
|99(1)   | Exhibit Index                                                                                                   | Ex-99.1            
|10(149) | Third Amendment to the CNG Nonemployee Directors' Fee Plan                                                      | Ex-10.149          
|10(159) | Third Amendment to the Connecticut Natural Gas Corporation Officers' Retirement Plan                            | Ex-10.159          
|10(160) | Seventh Amendment to the Connecticut Natural Gas Corporation Officers, Retirement Plan Trust Agreement          | Ex-10.160          
|10(161) | Fifth Amendment to the Connecticut Natural Gas Corporation Deferred Compensation Plan                           | Ex-10.161          
|10(162) | Second Amendment to the Connecticut Natural Gas Corporation Deferred Compensation Plan Trust Agreement          | Ex-10.162          
|10(163) | Amended and Restated Connecticut Natural Gas Corporation Employee Savings Plan, effective January 1, 2000       | Ex-10.163          
|10(164) | Second Amendment to Connecticut Natural Gas Corporation Employee Savings Plan Trust Agreement                   | Ex-10.164          
|10(165) | Amended and Restated Connecticut Natural Gas Corporation Union Employee Savings Plan, effective January 1, 2000 | Ex-10.165          
|10(166) | Second Amendment to Connecticut Natural Gas Corporation Union Employee Savings Plan Trust Agreement             | Ex-10.166          
|10(167) | Fourth Amendment to the CNG Nonemployee Directors' Fee Plan                                                     | Ex-10.167          
|10(168) | Fifth Amendment to the CNG Nonemployee Directors' Fee Plan                                                      | Ex-10.168          
|10(169) | Fourth Amendment to the CNG Nonemployee Directors' Fee Plan Trust Agreement                                     | Ex-10.169          
|27      | Financial Data Schedule                                                                                         | Ex-27
EX-31 Rule 13a-14(d)/15d-14(d) Certification.


  I, Matthew A. Engel, 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 Option One Mortgage Loan Trust 2007-4, Asset-Backed
     Certificates, Series 2007-4 (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 the 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 statement required in
     this report under Item 1123 of Regulation AB, and except as disclosed
     in the Exchange Act periodic reports, the servicer has fulfilled its
     obligations under the servicing agreement in all material respects; and

  5. 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.

    In giving the certifications above, I have reasonably relied on
    information provided to me by the following unaffiliated party: Wells
    Fargo Bank, N.A. as Trustee.

    Dated:   March 28, 2008


    /s/ Matthew A. Engel
    Signature

    Senior Vice President /CFO
    (Senior officer in charge of securitization of the depositor)
|                            |                                                                                                                                   |
|----------------------------|-----------------------------------------------------------------------------------------------------------------------------------|
| 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 Company. |

|        |                                                                                               |
|--------|-----------------------------------------------------------------------------------------------|
|   | /s/             Clinton H. Howard |
|   | Clinton H. Howard                                                                             |
|   | President and Chief Executive Officer                                                         |
|   | November 12, 2010                                                                        |
[Federal Register Volume 66, Number 211 (Wednesday, October 31, 2001)]
[Rules and Regulations]
[Page 54909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-55533]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 66, No. 211 / Wednesday, October 31, 2001 / 
Rules and Regulations

[[Page 54909]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1007


Milk in the Southeast Marketing Area

CFR Correction

    In Title 7 of the Code of Federal Regulations, parts 1000 to 1199, 
revised as of January 1, 2001, in Sec. 1007.7, paragraph (c) is revised 
to read as follows:


Sec. 1007.7  Pool plant.

* * * * *
    (c) A supply plant from which 50 percent or more of the total 
quantity of milk that is physically received during the month from 
dairy farmers and handlers described in Sec. 1000.9(c), including milk 
that is diverted from the plant, is transferred to pool distributing 
plants. Concentrated milk transferred from the supply plant to a 
distributing plant for an agreed-upon use other than Class I shall be 
excluded from the supply plant's shipments in computing the plant's 
shipping percentage.
* * * * *

[FR Doc. 01-55533 Filed 10-31-01; 8:45 am]
BILLING CODE 1505-01-D
EX-35.5
(logo) WACHOVIA SECURITIES

Wachovia Bank, National Association
8739 Research Drive, URP4
Charlotte, NC 28288-1075


1123 SERVICER'S CERTIFICATE


Reference is hereby made to that certain Pooling and Servicing Agreement dated
as of May 1, 2007, by and among Credit Suisse First Boston Mortgage Securities
Corp., as Depositor, KEYCORP Real Estate Capital Markets, Inc., as Master
Servicer, Wachovia Bank, National Association, as Master Servicer, ING Clarion
Partners, LLC., as Special Servicer, and Wells Fargo Bank, as Trustee, with
respect to Commercial Mortgage Pass-Through Certificates, Series 2007-C2 (the
"Agreement"). Capitalized terms used herein not otherwise defined shall have the
meanings assigned in the Agreement.

Pursuant to Section 12.11 of this Agreement, Timothy Ryan and Marilyn Addison,
Managing Director of Customer Relationship Management and Director of Compliance
Third Party Oversight, do hereby certify that:

1. A review of the activities of the Master Servicer,that is applicable during
the period from May 1, 2007 to December 31, 2007, and of its performance per the
Agreement during such period has been made under our supervision; and

2. To the best of our knowledge, based on such review, the Master Servicer has
fulfilled all of its obligations under this Agreement in all material respects
throughout the period May 1, 2007, through December 31, 2007;


IN WITNESS WHEREOF, the undersigned have executed this Certificate as of the
10th day of March 2008.


/s/ Timothy S. Ryan
Timothy S. Ryan, Managing Director
Wachovia Bank National Association

/s/ Marilyn Addison
Marilyn Addison, Director
Wachovia Bank National Association
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

ALTAGRACIA N. CASTILLO
, Appellant,

v.

ROSS DRESS FOR LESS, INC. , a foreign profit corporation, d/b/a DD’S DISCOUNTS
, Appellee

.

No. 4D 2 0

- 2444

[ February 3 , 2022 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
Beach County ; Samantha Schosberg Feuer , Judge; L.T. Case No.
5020 18CA014882XXXXMB

.

Jorge L. Maxion of Law Offices of Craig Goldenfarb, P.A., West Palm Beach, and Andrew A. Harris of Ha rris Appeals, P.A

. , Palm Beach Gardens, for appellant.

Alyssa M. Reiter of Wicker Smith O’Hara McCoy & Ford, P.A., Ft.
Lauderdale , for appellee.

P ER C URIAM

.

Affirmed

.

C ONNER
, C.J., F ORST and K UNTZ
, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
IN THE SUPREME COURT OF THE STATE OF DELAWARE

JEFFREY W. MCCRAY,

Defendant-Below,

Appellant,

v.

STATE OF DELAWARE,

Plaintiff-Below,

Appellee.

§

§ 

§ No. 615, 2014

§

§

§ Court Below: Superior Court

§ of the State of Delaware,

§ in and for New Castle County

§ Cr. No. 0608002441

§ 

§

Submitted: November 18, 2014

Decided: November 24, 2014

Before STRINE, Chief Justice, HOLLAND, and VALIHURA, Justices.

ORDER

This 24th day of November 2014, it appears to the Court that:

(1) On November 3, 2014, the Court received the appellant’s notice of 

appeal from a Superior Court order, dated September 29, 2014, denying his motion 

for correction of an illegal sentence. Under Supreme Court Rule 6, a timely notice 

of appeal should have been filed on or before October 29, 2014.

(2) The Senior Court Clerk issued a notice directing the appellant to show 

cause why this appeal should not be dismissed as untimely filed under Supreme 

Court Rule 6. The appellant filed a response to the notice to show cause on 

November 18, 2014. In his response, the appellant argues that his pro se status 

means he should be held to a less stringent standard.
2

(3) Time is a jurisdictional requirement.1 A notice of appeal must be 

received by the Office of the Clerk of this Court within the applicable time period 

in order to be effective.2 An appellant’s pro se status does not excuse a failure to 

comply strictly with the jurisdictional requirements of Supreme Court Rule 6.

3

 

Unless an appellant can demonstrate that the failure to file a timely notice of 

appeal is attributable to court-related personnel, an untimely appeal cannot be 

considered.4

(4) The appellant does not claim that court-related personnel are 

responsible for his untimely filing. Consequently, this case does not fall within the 

exception to the general rule that mandates the timely filing of a notice of appeal. 

Thus, the Court concludes that this appeal must be dismissed.

NOW, THEREFORE, IT IS ORDERED, under Supreme Court Rule 29(b),

that this appeal is DISMISSED.

BY THE COURT:

/s/ Leo E. Strine, Jr.

Chief Justice

 

1 Carr v. State, 554 A.2d 778, 779 (Del. 1989).

2

Supr. Ct. R. 10(a).

3 Carr v. State, 554 A.2d at 779.

4

Smith v. State, 47 A.3d 481, 486-87 (Del. 2012).
2009-1390.

#### State v. Fuller.

Hamilton App. No. C-040318.
DISCIPLINARY CASES

2006-1613.

#### Cleveland Bar Assn. v. Boyd.

On December 20, 2006, this court found that respondent, Leon Boyd, had engaged in the unauthorized practice of law, enjoined him from the unauthorized practice of law in the future, ordered him to pay costs of the Board on the Unauthorized Practice of Law, and imposed a civil penalty in the amount of $3,500. The civil penalty and board costs were certified to the Attorney General’s Office for collection on June 2, 2008. On July 29, 2009, relator, Cleveland Bar Association, filed a motion for an order to appear and show cause, requesting the court to issue an order directing respondent to appear and show cause why he should not be found in contempt for failure to comply with the court’s December 20, 2006 order to discontinue the unauthorized practice of law. On August 20, 2009, this court granted that motion and ordered respondent to appear before the court on September 16, 2009. Respondent did not appear as ordered.

The court finds respondent in contempt for failing to comply with the court’s order and continuing to engage in the unauthorized practice of law. It is ordered by the court that respondent is sentenced to 30 days in jail, with 23 days of the sentence suspended on the condition that respondent discontinues the unauthorized practice of law. Respondent shall serve seven days of mandatory jail time.

It is further ordered by the court, sua sponte, that the Clerk of the Supreme Court of Ohio is hereby authorized to release to the appropriate law enforcement officials any information concerning respondent that is otherwise confidential, including respondent’s Social Security number, for the purpose of facilitating execution of the warrant issued for the arrest of respondent.
**Exhibit 32.1**

 

CERTIFICATIONSOF CEO AND CFO PURSUANT TO 18 U.S.C. SECTION 1350.

 

 

I, Tom W. Olofson, Chief Executive Officer ofEPIQ Systems, Inc. (the “Company”), hereby certify pursuant to Section 1350, ofchapter 63 of title 18, United States Code, and Section 906 of theSarbanes-Oxley Act of 2002, that, to the best of my knowledge, (1) thequarterly report on Form 10-Q of the Company to which this Exhibit is attached(the “Report”) fully complies with the requirements of section 15(d) of theSecurities Exchange Act of 1934, and (2) the information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

 
| /s/ Tom W. Olofson |
|--------------------|
| Tom W. Olofson     |

 

Dated:    August8, 2003

 

 

 

 

 

I, Elizabeth M. Braham, Chief Financial Officer ofEPIQ Systems, Inc. (the “Company”), hereby certify pursuant to Section 1350, ofchapter 63 of title 18, United States Code, and Section 906 of theSarbanes-Oxley Act of 2002, that, to the best of my knowledge (1) the quarterlyreport on Form 10-Q of the Company to which this Exhibit is attached (the“Report”) fully complies with the requirements of section 15(d) of theSecurities Exchange Act of 1934, and (2) the information contained in theReport fairly presents, in all material respects, the financial condition andresults of operations of the Company.

 

 
| /s/ Elizabeth M. Braham |
|-------------------------|
| Elizabeth M. Braham     |

 

Dated:    August8, 2003

 

----
**Exhibit 31.1**CERTIFICATIONI, Terrance J. Lillis, certify that: 1. I have reviewed this report on Form 10-K and all reports on Form 10-D requiredto be filed in respect of the period covered by this report on Form 10-K of PrincipalLife Income Fundings Trust 2007-35 (the “Exchange Act periodic reports”);  2. Based on my knowledge, the Exchange Act periodic reports, taken as whole, donot contain any untrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstances under which suchstatements 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 informationrequired to be provided under Form 10-D for the period covered by this report isincluded in the Exchange Act periodic reports;  4. Based on my knowledge and the servicer compliance statement(s) required in thisreport under Item 1123 of Regulation AB, and except as disclosed in the Exchange Actperiodic reports, the servicer has fulfilled its obligations under the servicingagreement(s) in all material respects; and  5. All of the reports on assessment of compliance with servicing criteria forasset-backed securities and their related attestation reports on assessment ofcompliance with servicing criteria for asset-backed securities required to be includedin this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwisedisclosed in this report. Any material instances of noncompliance described in suchreports have been disclosed in this report on Form 10-K.In giving the certifications above, I have reasonably relied on information provided to me by thefollowing unaffiliated parties: Citibank, N.A. and Bankers Trust Company, N.A.Date: March 27, 2008   /s/ Terrance J. Lillis   Terrance J. Lillis  Chief Financial Officer- Retirement and Investor Services