search

OfficeDev / office-js

A repo and NPM package for Office.js, corresponding to a copy of what gets published to the official "evergreen" Office.js CDN, at https://appsforoffice.microsoft.com/lib/1/hosted/office.js.
https://learn.microsoft.com/javascript/api/overview
Other
685 stars 95 forks source link

Word: In LMO, we use the LastRenderedPageBreak element from the OOXML to determine the page numbers and are not seeing this reliably #1332

Closed TDeBose closed 7 months ago

TDeBose commented 4 years ago

Message from office-js bot: We’re closing this issue because it has been inactive for a long time. We’re doing this to keep the issues list manageable and useful for everyone. If this issue is still relevant for you, please create a new issue. Thank you for your understanding and continued feedback.

Expected Behavior

Current Behavior

Steps to Reproduce, or Live Example

Context

Your Environment

Useful logs

lindalu-MSFT commented 4 years ago

Hi @TDeBose In order for us to triage this issue, we need all the information in the Template filled in: Link to live example, your environment details, steps to repro. Please complete and then I can assign to our product team to investigate.

TDeBose commented 4 years ago

485561_Escalante_OpenXML.TXT After running Prepare TOA - page numbers are correct Escalante_OpenXML_2.txt Gillespie after running Prepare TOA Gillespie after running Update TOA

TDeBose commented 4 years ago

Tried to upload what I could but some won't upload that file format so also sending in email

TDeBose commented 4 years ago

I tired to provide that in the tool but guess it didn’t take all due to file format . See also email attached with more info as well as looping in my Dev team to provide any additional steps, files etc.

Madhu/Marvel this is related to VSTS Bug 485561https://tfs-glo-lexisadvance.visualstudio.com/NL/_workitems/edit/485561

Be Safe-Be Well…Tina 202-253-5940

From: Linda Lu Cannon notifications@github.com Sent: Monday, August 17, 2020 3:02 PM To: OfficeDev/office-js office-js@noreply.github.com Cc: DeBose, Tina (LNG-HBE) Tina.Jewette@lexisnexis.com; Mention mention@noreply.github.com Subject: Re: [OfficeDev/office-js] In LMO, we use the LastRenderedPageBreak element from the OOXML to determine the page numbers and are not seeing this reliably (#1332)

External email: use caution

Hi @TDeBosehttps://nam03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fgithub.com%2FTDeBose&data=02%7C01%7CTina.Jewette%40lexisnexis.com%7C5fe1ca148dea4769352408d842e00cf6%7C9274ee3f94254109a27f9fb15c10675d%7C0%7C0%7C637332878262455836&sdata=sqSnMVPzicO2sj0NwtLJnoP1uIsXYON0pp675Zz%2FmrM%3D&reserved=0 In order for us to triage this issue, we need all the information in the Template filled in: Link to live example, your environment details, steps to repro. Please complete and then I can assign to our product team to investigate.

— You are receiving this because you were mentioned. Reply to this email directly, view it on GitHubhttps://nam03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fgithub.com%2FOfficeDev%2Foffice-js%2Fissues%2F1332%23issuecomment-675056649&data=02%7C01%7CTina.Jewette%40lexisnexis.com%7C5fe1ca148dea4769352408d842e00cf6%7C9274ee3f94254109a27f9fb15c10675d%7C0%7C0%7C637332878262455836&sdata=TbyBvh4X3fXruSGOUr7tq2J2zRe%2B2WuHqt90p7LUANc%3D&reserved=0, or unsubscribehttps://nam03.safelinks.protection.outlook.com/?url=https%3A%2F%2Fgithub.com%2Fnotifications%2Funsubscribe-auth%2FAQUUIBUJFSRDEBIU35UWMRDSBF5DJANCNFSM4QB6WKUA&data=02%7C01%7CTina.Jewette%40lexisnexis.com%7C5fe1ca148dea4769352408d842e00cf6%7C9274ee3f94254109a27f9fb15c10675d%7C0%7C0%7C637332878262465832&sdata=ypjsFFDXrTO1UFz0n63Lr0%2Fp%2FjX7kuMZYoj9Q0WqvVo%3D&reserved=0.

CITRUS_DOC_GUID Variable 5789ba92-9d5a-4b71-a6ff-ec5489871079 _CITRUS_JURISDICTION Variable Bluebook CITE_FORMAT_STYLE General Italicized CITE_FORMAT_TITLE General The Bluebook® CITE_FORMAT_PARTYNAME General False CITE_IN_QUOTE General True 64 4 1336 7618 Microsoft Office Word 0 63 17 false Title 1 false 8937 false false 16.0000 Reed Elsevier 1 2018-05-17T05:41:00Z 1601-01-01T00:00:00Z MEMORANDUM IN SUPPORT OF MOTION TO DISMISS This matter is before the Court on Defendant's Motion to Dismiss Plaintiff's Complaint or in the Alternative, Motion for Summary Judgment. Section 56. For the reasons discussed below, the Court dismisses Plaintiff's federal claims with prejudice and dismisses Plaintiff's state law claims without prejudice. Colo. R. Cnty . Ct. Civ. P. 341. I. BACKGROUND Plaintiff Lysa Glunt brings this suit against Defendants Gatsby Entertainment and Rob Mersis , who owns and operates Gatsby's, a restaurant and bar in Denver, Colorado. Plaintiff alleges, as an individual and on behalf of other similarly situated persons, that Defendants Gatsby Entertainment and Rob Mersis violated the Fair Labor Standards Act (FLSA), 29 U .S.C. § 201 et seq. II. DISCUSSION A. NATURE OF THE MOTION UNDER REVIEW A Rule 12(b)(1) motion to dismiss may take the form of a facial attack on the complaint's allegations, or, as here, it may challenge the facts on which subject matter jurisdiction depends. When a party's Rule 12(b)(1) motion challenges the facts upon which subject matter jurisdiction depends, "a district court may not presume the truthfulness of the complaint's legal allegations. A court has wide discretion to allow affidavits, other documents, and a limited evidentiary hearing to resolve disputed jurisdictional facts under Rule 12(b)(1)." Holt v. United States , 46 F.3d 1000 (10th Cir. 1995). Such reliance on evidence outside the pleadings does not, as a general rule , convert the motion to one for summary judgment under Fed. R. Civ. P. 56, unless resolution of the jurisdictional question is "intertwined with the merits of the case." Holt , 46 F.3d at 1003. " When personal jurisdiction is dependent upon the same statute which provides the substantive claim in the case, the jurisdictional claim and the merits are considered to be intertwined." Wheeler v. Hurdman , 825 F.2d 257, 259 (10th Cir. 1987) (citation omitted) . In that situation, a court is required to convert the Rule 12(b)(1) motion into a Rule 56 summary judgment motion. Redmon v. U.S. , 934 F.2d 1151, 1155 (10th Cir. 1991). Id. at 1003. B. SUMMARY JUDGMENT STANDARD Under Fed. R. Civ. P. 56(a), the court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law. When reviewing a motion for summary judgment, the court views the evidence in the light most favorable to the nonmoving party. Allen v. Muskogee, Okl ., 119 F.3d 837, 840 (10th Cir. 1997). "However, conclusory statements based merely on conjecture, speculation, or subjective belief are not competent summary judgment evidence." The Wellinger Family Trust 1998 v. Hartford Life & Accident Ins. Co., a Conn. Ins. Co ., No. 11-cv-02568-CMA-BNB, 2013 U.S. Dist. LEXIS 136399, at *6 (2013) (citing Bones v. Honeywell Int'l, Inc ., 366 F.3d 869, 875 (10th Cir. 2004)). FLSA CLAIM Defendants contend that Plaintiff has not established enterprise liability coverage under the FLSA. To qualify as a covered enterprise under the FLSA, an employer must have gross annual volume of sales that is not less than $500,000. 29 U.S.C. § 203 (s)(1)(A)(ii). An entity's gross annual volume of sales "consists of the gross receipts from all of its sales or its volume of business done during a 12-month period." 29 C.F.R. § 779.265. A defendant employer may present regularly-kept business records to demonstrate below-minimum sales. 1 Defendants' computerized business records and the accompanying declaration from Rob Mersis , President of Gatsby Entertainment, Inc. are adequate to establish that Gatsby's does not meet the $500,000 minimum gross annual volume of sales requirement. Consequently, Gatsby's does not meet the definition of enterprise liability under the FLSA, and the Court dismisses Plaintiff's FLSA claims for lack of subject matter jurisdiction. Footnotes 1 Under Rule 902(11), in order to be self-authenticating, the document must be a domestic record that is certified by a custodian or another qualified person. F.R.E. 902(11). Federal Rule of Evidence 803(6) makes permissible the use of a record of a regularly conducted activity if the record was: (A) "made at or near the time by . . . someone with knowledge," (B) "kept in the course of a regularly conducted activity of a business," (C) "making the record was a regular practice of that activity." F.R.E. 803(6). As the President of Gatsby Entertainment, Inc., Mersis is qualified to certify the record. In the Daily Sales Report, Mersis provided daily sales totals for each day that Gatsby's was open for business in 2013. Mersis certified that the report is complete and was "regularly kept in the regular course of Gatsby's business." PLAINTIFF IS NOT ENTITLED TO DISCOVERY However, a motion for summary judgment cannot be supported by speculation, F.D.I.C. v. Arciero , No. 12-6287, 2013 WL 6698127, at *10 (10th Cir. 2013), or conclusory declarations, Abdulhaseeb v. Calbone , 600 F.3d 1301, 1310 (10th Cir. 2010). Further, the movant's exclusive control of the desired information does not require automatic relief under Rule 56(f). Price v. W. Res., Inc. , 232 F.3d 779, 783 (10th Cir. 2000) (Rule 56(f) amended to Rule 56(d) in 2010). Plaintiff asserts by way of affidavit that "[a]s a low-level employee of Defendants [sic], I had no access to their accounting records and, therefore, do not presently have the means to investigate their claims." Plaintiff's 56(d) affidavit fails to demonstrate that she is entitled to discovery on multiple grounds. First, Plaintiff's allegation that Defendant "apparently does not account for the value of tips, gratuities, and/or service charges collected at his restaurant" does not entitle her to discovery. Under the FLSA, Gatsby's is not required to include tips in its calculation of gross annual volume of sales. The FLSA states, in pertinent part, "[g]ross volume is measured by the price paid by the purchaser for the property or service sold to him . . . . It is not measured by profit on goods sold or commissions on sales made for others." 29 C.F.R. § 779.259(a). Tips and gratuities which, by Plaintiff's own admission, are intended to belong exclusively to the party who receives them from the restaurant customer, are an optional amount paid by the customer in addition to the price paid for the property or service he or she purchased. Customers may opt to leave a tip for a server or a bartender based on the total amount owed to the restaurant for the food and service sold to him or her. Thus, tips and gratuities received are akin to a commission on a sale, and should not be included in calculations of gross volume of sales. See 29 C.F.R. § 779.259(a). Second, Plaintiff fails to "identify the probable facts not available" as required by 10th Circuit jurisprudence. See Comm. for First Amendment v. Campbell , 962 F.2d at 1522. Next, Plaintiff has not demonstrated that she should be permitted to conduct discovery by making a bare speculative allegation that it is "unclear whether Mr. Mersis is including all of his restaurant's business receipts in making his calculations.” Finally, Plaintiff's claim is not aided by her allegation that Gatsby's accounting information is within Defendants' exclusive control. See Price , 232 F.3d at 783. Plaintiff does not state a sufficiently specific reason to justify her request, and therefore, this Court, in its discretion, denies Plaintiff's request for discovery. E. REMAINING STATE LAW CLAIMS Defendants ask the Court to decline to exercise supplemental jurisdiction over Plaintiff's remaining state law claims. While the Court could choose to exercise supplemental jurisdiction, "notions of comity and federalism demand that a state court try its own lawsuits, absent compelling reasons to the contrary." Ball v. Renner , 54 F.3d 664, 669 (10th Cir. 1995). Further, Colorado law recognizes that if a plaintiff asserts all of
lindalu-MSFT commented 4 years ago

Your Environment Platform [PC desktop, Mac, iOS, Office on the web]: __ Host [Excel, Word, PowerPoint, etc.]: __ Office version number: __ Operating System: __ Browser (if using Office on the web): __

lindalu-MSFT commented 4 years ago

Hi @TDeBose Can you please provide your Platform (desktop, Mac, IOS, WEb), version number, OS, and browser, if you're using web? Also, we don't understand the steps to repro your issue. Please let us know exactly what you're expecting to happen and what is actually happening. We also need the steps it takes to get the result you're getting.

I've assigned a few experts, but I know they will need more information from you to repro the issue on our end. We need all this in order for us to triage and help you.

ALSO, there's a good chance you'll get a response from the Word developer community if you ask your question on Stack Overflow tagged office-js.

lindalu-MSFT commented 4 years ago

p.s. Here are questions about LastRenderedPageBreak and OOXML:

https://stackoverflow.com/search?q=LastRenderedPageBreak

ghost commented 4 years ago

This issue has been automatically marked as stale because it is marked as needing author feedback but has not had any activity for 4 days. It will be closed if no further activity occurs within 3 days of this comment. Thank you for your interest in Office Add-ins!

TDeBose commented 4 years ago

Please see environment info. steps to reproduce already provided Platform [PC desktop, Mac, iOS, Office on the web]: PC Desktop and Mac____ Host [Excel, Word, PowerPoint, etc.]: Word____ Office version number: Office 365 ProPlus version 2002____ Operating System: Windows 10____ Browser (if using Office on the web): __