alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
[Cite as McClellan v. Hamby, 2023-Ohio-3090.]

IN THE COURT OF CLAIMS OF OHIO

{¶1} In this public-records case, pursuant to R.C. 2743.75(F)(1), a Special Master 

has issued a Report and Recommendation (R&R). The Special Master has determined 

that Requester’s claim for production of records is moot and that Requester has not 

proven a claim that Respondent delayed responding to Requester’s requests. (R&R, 2-

4.) The Special Master recommends entering judgment for Respondent and assessing

costs against Requester. (R&R, 1, 4.) 

{¶2} Neither Requester nor Respondent has filed timely written objections to the

Report and Recommendation in accordance with R.C. 2743.75(F)(2). Pursuant to R.C.

2743.75(F)(2), if neither party timely objects, then this Court “shall promptly issue a final 

order adopting the report and recommendation, unless it determines that there is an error 

of law or other defect evident on the face of the report and recommendation.” Upon 

independent review, the Court finds that there is no error of law or other defect evident

on the face of the Report and Recommendation. The Court therefore adopts the Report 

and Recommendation. 

NATHAN L. MCCLELLAN

 Requester

 v. 

ROSSIE HAMBY

 Respondent

Case No. 2023-00345PQ

Judge Lisa L. Sadler

JUDGMENT ENTRY
Case No. 2023-00345PQ -2- ENTRY

{¶3} Judgment is rendered in favor of Respondent. Court costs are assessed 

against Requester as Requester did not prevail on his claims. The Clerk shall serve upon

all parties notice of this judgment and its date of entry upon the journal.

LISA L. SADLER

Judge

Filed August 15, 2023

Sent to S.C. Reporter 9/1/23
### §1801. Congressional declaration of policy

In the public interest of maintaining a newspaper press editorially and reportorially independent and competitive in all parts of the United States, it is hereby declared to be the public policy of the United States to preserve the publication of newspapers in any city, community, or metropolitan area where a joint operating arrangement has been heretofore entered into because of economic distress or is hereafter effected in accordance with the provisions of this chapter.

(Pub. L. 91–353, §2, July 24, 1970, 84 Stat. 466.)

#### **Statutory Notes and Related Subsidiaries**

#### Short Title

Pub. L. 91–353, §1, July 24, 1970, 84 Stat. 466, provided that: "This Act [enacting this chapter] may be cited as the 'Newspaper Preservation Act'."

#### Separability

Pub. L. 91–353, §6, July 24, 1970, 84 Stat. 467, provided that: "If any provision of this Act [enacting this chapter] is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of this Act, and the applicability of such provision to any other person or circumstance, shall not be affected thereby."
# C_2013164EN.01000401.xml

| 8.6.2013 | EN | Official Journal of the European Union | C 164/4 |
| --- | --- | --- | --- |

8.6.2013

EN

Official Journal of the European Union

C 164/4

---

Judgment of the Court (Fourth Chamber) of 18 April 2013 (request for a preliminary ruling from the Verwaltungsgerichtshof Baden-Württemberg — Germany) — L v M

(Case C-463/11) (1)

1

(Directive 2001/42/EC - Assessment of the effects of certain plans and programmes on the environment - Article 3(4) and (5) - Determination of the type of plans likely to have significant environmental effects - Building plan ‘for development within an urban area’ exempted from an environmental assessment under national legislation - Incorrect assessment of the qualitative condition of ‘inner city development’ - No effect on the legal validity of the building plan - Effectiveness of the directive undermined)

2013/C 164/06

Language of the case: German

Referring court

Referring court

Verwaltungsgerichtshof Baden-Württemberg

Parties to the main proceedings

Parties to the main proceedings

Applicant: L

Applicant:

Defendant: M

Defendant:

Re:

Re:

Request for a preliminary ruling — Verwaltungsgerichtshof Baden-Württemberg — Interpretation of Article 3(4) and (5), of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (OJ 2001 L 197, p. 30) — Scope — National legislation providing for an accelerated procedure not including an environmental impact assessment for the adoption of development plans relating to small areas at local level which meet certain qualitative and quantitative — Incorrect assessment of the qualitative criteria

Operative part of the judgment

Operative part of the judgment

Article 3(5) of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment, read in conjunction with Article 3(4) thereof, must be interpreted as precluding national legislation such as that at issue in the main proceedings, pursuant to which breach of a qualitative condition, imposed by the implementing provision of that directive to exempt the adoption of a particular type of building plan from an environmental assessment under that directive, is irrelevant to the legal validity of that plan.

---

(1)  OJ C 355, 3.12.2011.

1

---
#### Jeremiah F. Lynch, Respondent, v. American Linseed Company, Appellant.

Motion denied, without costs. Present — Woodward, Jenks, Hooker, Gaynor and Rich, JJ.
#### § 1b.13 Powers of persons conducting formal investigations.

Any member of the Commission or the Investigating Officer, in connection with any formal investigation ordered by the Commission, may administer oaths and affirmations, subpoena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, contracts, agreements or other records relevant or material to the investigation.
# C_2012331EN.01001101.xml

| 27.10.2012 | EN | Official Journal of the European Union | C 331/11 |
| --- | --- | --- | --- |

27.10.2012

EN

Official Journal of the European Union

C 331/11

---

Judgment of the Court (Sixth Chamber) of 6 September 2012 (reference for a preliminary ruling from the Augstākās Tiesas Senāts — Latvia) — Cido Grupa SIA v Valsts ieņēmumu dienests

(Case C-471/11) (1)

(Accession of new Member States - Transitional measures - Agricultural products - Sugar - Regulation (EC) No 60/2004 - Basis of assessment and rate applicable for the charge on surplus stocks)

(2012/C 331/16)

Language of the case: Latvian

Referring court

Augstākās Tiesas Senāts

Parties to the main proceedings

Applicant: Cido Grupa SIA

Defendant: Valsts ieņēmumu dienests

Re:

Reference for a preliminary ruling — Augstākās tiesas Senāts — Interpretation of Article 4(1) and 6(3) of Commission Regulation (EC) No 60/2004 of 14 January 2004 laying down transitional measures in the sugar sector by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union (OJ 2004 L 9, p. 8) — Calculation of tax on surplus sugar stocks held by operators — Notions of ‘quantity in question’ and ‘product concerned’ in the case of sugar syrup

Operative part of the judgment

The third subparagraph of Article 6(3) of Commission Regulation (EC) No 60/2004 of 14 January 2004 laying down transitional measures in the sugar sector by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, as amended by Commission Regulation (EC) No 1667/2005 of 13 October 2005, must be interpreted as meaning that the basis of assessment for the charge payable on a surplus stock of sugar syrup (CN code 2106 90 59) is the quantity of white sugar (CN code 1701 99 10) actually contained in that product and the rate of that charge is the rate of the import charge applicable to white sugar, increased by EUR 1,21/100 kg.

---

(1)  OJ C 331, 12.11.2011.

---
#### § 157.1 Definitions.

For the purposes of this part—

For the purposes of § 157.21 of this part, *Director* means the Director of the Commission's Office of Energy Projects.

*Indian tribe* means, in reference to a proposal or application for a certificate or abandonment, an Indian tribe which is recognized by treaty with the United States, by federal statute, or by the U.S. Department of the Interior in its periodic listing of tribal governments in the Federal Register in accordance with 25 CFR 83.6(b), and whose legal rights as a tribe may be affected by the proposed construction, operation or abandonment of facilities or services (as where the construction or operation of the proposed facilities could interfere with the tribe's hunting or fishing rights or where the proposed facilities would be located within the tribe's reservation).

*Resource agency* means a Federal, state, or interstate agency exercising administration over the areas of recreation, fish and wildlife, water resource management, or cultural or other relevant resources of the state or states in which the facilities or services for which a certificate or abandonment is proposed are or will be located.

[Order 608, 64 FR 51220, Sept. 22, 1999, as amended by Order 665, 70 FR 60440, Oct. 18, 2005]
### §713d–1. Critical shortages; recommendations by President; public hearings

(a) Whenever the President shall determine that there is or threatens to be a critical shortage of any raw material, commodity, or product which jeopardizes the health or safety of the people of the United States or its national security or welfare and that there is no prospect that such critical shortage may soon be remedied by an increase in the available supply without additional governmental action and that the situation cannot be solved by voluntary agreement under the provisions of this Act, he may prepare proposed measures for conserving such raw material, commodity, or product which he shall submit to the Congress in the following form:

(1) A statement of the circumstances which, in the President's judgment, require the proposed conservation measures.

(2) A detailed procedure for the administration of the proposed measures including the additional budget and additional personnel required for their enforcement.

(3) The proposed degree of curtailment in current and prospective use of each such raw material, commodity, or product by each processor and/or user thereof, including the specific formulae proposed for such curtailment with respect to each class or classes of processors or users and the criteria used in the establishment of such formulae.

(4) A complete record of the factual evidence upon which his recommendations are based, including all information provided by any agency of the Federal Government which may have been made available to him in the course of his consideration of the matter.

(b) Within fifteen days after the submission of such proposed conservation measures, the Joint Economic Committee shall conduct public hearings thereon and shall make such recommendations to the Congress for legislative action as in its judgment the recommendations of the President and any additional information disclosed at the public hearings may require.

(Dec. 30, 1947, ch. 526, §6, 61 Stat. 947; June 18, 1956, ch. 399, §2, 70 Stat. 290.)

#### **Editorial Notes**

#### References in Text

This Act, referred to in text, means act Dec. 30, 1947, ch. 526, 61 Stat. 945. For complete classification of this Act to the Code, see Tables.

#### Codification

Section was formerly classified to section 1916 of the former Appendix to Title 50, War and National Defense, prior to editorial reclassification and renumbering as this section.

#### Amendments

1956—Subsec. (b). Act June 18, 1956, changed "Joint Committee on the Economic Report" to "Joint Economic Committee".
**Exhibit23.1**

**Consent of Independent Registered Public Accounting Firm**

We have issued our reportsdated February 12, 2007, accompanying the consolidated financial statements andmanagement’s assessment of the effectiveness of internal control over financialreporting included in the Annual Report on Form 10-K of CellStar Corporationfor the year ended November 30, 2006. We hereby consent to theincorporation by reference of said reports in the Registration Statements ofCellStar Corporation on Form S-8 (File No. 333-121590, effective December 23,2004, File No. 333-89298, effective May 29, 2002, File No. 333-77415, effectiveApril 30, 1999, File No. 333-23381, effective October 3, 1997 and File No.33-87754, effective December 23, 1994).

 /s/ GRANT THORNTON LLP

Dallas, TexasFebruary 12, 2007

 

----
### Regulatory Evaluation

Docket No. FAA

- 

### 2013

- 0381 Directorate Identifier: 

### 2013

- NE

- 16

- AD

If you make changes to the values in the table below, you must ensure the totals update accordingly. If they do not, click (or Tab) into an d then out of the changed cell

.

**Estimated Costs:**
Action (e.g., Inspection, replacement) Do not include on

condition costs here Costs per **Product** (e.g., aircraft, engine,

propeller, appliance) Work

- hours (include access, testing, and close

- up) Labor

co st (@$8 5 /h our) Parts Cost Total Costs (labor + parts) Number of

**U.S. Registered**  **Products** Total Cost

for U.S. Fleet



### ARRI US 2 HMU inspection

- 0082 1 .0 $ 85.00 $ 85.00 

### 162 $ 13,770.00


### parts cost $ 0.00 $753 $ 753.00 

### 162 $ 121,986.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.0 0 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00



### The kn own number of products in compliance: Total Costs of compliance for U.S. fleet: $ 135,756 

### Costs covered under warranty ( if known ) $

**On**

**- Condition Costs:** 
Action (e.g., Inspection, replacement) Work

- hours

(include access, testing, and close

up) Labor cost

(@$85/hour) Parts Cost Cost per Product

$ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00


### Special considerations for Economic Analysis ( Use this field to explain anything in the Estimated Costs table that was assumed or might not be obvious. This field can also be used to explain warranty costs) 

### : 

### ASE analy sis number of engines from OEM

### Executive Order 12866:

Could the AD be considered a “significant regulatory action”?
YES * NO

* Explanation: **DOT Regulatory Policies and Procedur es:**  Is the AD significant?
YES * NO

* Explanation: **Regulatory Flexibility Act:** Will the AD have a significant economic impact on a substantial number of small entities? E xplain for
either a Yes or No answer.
YES NO Explanation:
**Intrastate Aviation in Alask a:**  This AD could affect intrastate aviation in Alaska. Is it appropriate to include specific requirements for aircraft operated in Alaska where aviation might be the only mode of transportation?
YES * NO



### * Explanation 

### :
Exhibit 32.1





Certification of Principal Executive Officer and Principal Financial Officer Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002





In connection with the Quarterly Report on Form 10-Q of NutraCea (the “Company”) for the period ended June 30, 2010 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), each of the undersigned, in the capacities and on the date indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to his knowledge:





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 Company.





Dated:  March 31, 2011/s/ W. John ShortW. John ShortChief Executive Officer





/s/ Dale BeltJerry Dale BeltChief Financial Officer





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.





The foregoing certification is being furnished in accordance with Securities and Exchange Commission Release No. 34-47551 and shall not be considered filed as part of the Form 10-Q.
<PAGE>

                           CERTIFICATE OF AMENDMENT
                                      OF
                         CERTIFICATE OF INCORPORATION
                                      OF
                                MK GOLD COMPANY


     MK Gold Company, a Delaware corporation (the "Company"), hereby certifies
that a resolution amending Article Fourth, Section 1 of the Certificate of
Incorporation of the Company to read in its entirety as follows has been duly
adopted in accordance with Section 242 of the Delaware General Corporation Law:

          "FOURTH:  Section 1.  Authorized Capital Stock.  The Company is
           ------               ------------------------
     authorized to issue two classes of capital stock, designated "Common Stock"
     and "Preferred Stock."  The total number of shares of capital stock that
     the Company is authorized to issue is 90,000,000 shares, consisting of
     80,000,000 shares of Common Stock, par value $0.01 per share, and
     10,000,000 shares of Preferred Stock, par value $0.01 per share."

     IN WITNESS WHEREOF, the Company has caused this Certificate to be executed
by its duly authorized officer as of September 20, 2000.

                                     MK GOLD COMPANY



                                     By: /s/ John C. Farmer
                                         John C. Farmer,
                                         Chief Financial Officer and Secretary
```
**EXHIBIT 99.1

                    CERTIFICATION OF CEO AND CFO PURSUANT TO
                               18 U.S.C.ss. 1350,
                             AS ADOPTED PURSUANT TO
                    ss. 906 OF THE SARBANES-OXLEY ACT OF 2002**

In connection with the Quarterly Report on Form 10-QSB of Surgical Safety
Products, Inc. (the Company) for the quarterly period ending September 30, 2002
as filed with the Securities and Exchange Commission on the date hereof (the
Report), Tim Novak, Chairman of the Board and Chief Executive Officer of the
Company, and Paul Gray Chief Financial Officer of the Company, each hereby
certifies, pursuant to 18 U.S.C.ss.1350, as adopted pursuant toss.906 of the
Sarbanes-Oxley Act of 2002, to the best of his/her knowledge, that:

(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/ Tim Novak
Tim Novak
Chief Executive Officer
April 4, 2003

/s/ Paul Gray
Paul Gray
Chief Financial Officer
April 4, 2003

This certification accompanies this Report pursuant toss.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 Company for purposes ofss.18
of the Securities Exchange Act of 1934, as amended.
```
Exhibit 10.2


 





RESIGNATION OF


THE BOARD OF DIRECTORS


OF


NUTS & BOLTS INTERNATIONAL, INC.


 


The following is a
true copy of the resolution duly adopted by the Board of Directors of the Corporation at a special meeting, notice to this meeting
having been waived, held on February 29th, 2016


 


 


 


The Board of Directors
who were present for this meeting & took active part therein were:


 


Michael Hillerbrand


 


 


WHEREAS there has been presented to and
considered by this meeting a Motion to formally RESIGN and renounce all further corporate designation or affiliation with Nuts
& Bolts International, Inc.;


 


 


NOW THEREFORE BE IT
RESOLVED that the corporation having considered this matter, has opened the floor to all those who voice a preference in the issue,
has decided unanimously and RESOLVED that: I do hereby formally RESIGN, and sever any and all officials ties, duties, obligations
or liabilities regarding Nuts & Bolts International, Inc. and do, by affixing, my signature hereto, officially as my last corporate
act, DO HEREBY RESIGN.


 


The Director of the
corporation, by affixing his signature hereto, does hereby formally resign, and shall allow the new Board to choose its Directors
at a time and place of its choosing.


 


 


 


DATED: February 29th, 2016


 


 

/s/ Michael Hillerbrand

 



Michael Hillerbrand, Director,


Nuts & Bolts International, Inc.
#### § 592.360 Certificates.

Certificates (including appeal certificates) shall be issued on forms approved by the Administrator.
GIS-based Identification of Areas with Mineral 

Resource Potential for Six Selected Deposit Groups, 

Bureau of Land Management Central Yukon Planning 

Area, Alaska

By James V. Jones, III, Susan M. Karl, Keith A. Labay, Nora B. Shew, Matthew Granitto, Timothy S. Hayes, 

Jeffrey L. Mauk, Jeanine M. Schmidt, Erin Todd, Bronwen Wang, Melanie B. Werdon, and Douglas B. 

Yager

Open File Report 2015–1021

Appendix B. Igneous rock geochemistry peer-reviewed literature sources

Amato, J.M., Wright, J.E., 1997, Potassic mafic magmatism in the Kigluaik gneiss dome, 

northern Alaska; A geochemical study of arc magmatism in an extensional tectonic setting:

Journal of Geophysical Research, v. 102, p. 8065–8084.

Arth, J.G., Criss, R.E., Zmuda, C.C., Foley, N.K., Patton, W.W., and Miller, T.P., 1989, 

Remarkable isotopic and trace element trends in potassic through sodic Cretaceous plutons of 
the Yukon-Koyukuk Basin, Alaska, and the nature of the lithosphere beneath the Koyukuk 

terrane: Journal of Geophysical Research, Solid Earth, v. 94, no. B11, p. 15,957–915,968.

Arth, J.G., Zmuda, C.C., Foley, N.K., Criss, R.E., Patton, W.W., Jr, Miller, T.P., 1989b. Isotopic 

and trace element variations in the Ruby batholith, Alaska, and the nature of the deep crust 

beneath the Ruby and Angayucham terranes: Journal of Geophysical Research, Solid Earth, v.

94, no. B11, p. 15941–15955. 

Barker, F., 1994, Some accreted volcanic rocks of Alaska and their elemental abundances, chap. 

17 in Plafker, G., and Berg, H.C., eds., The geology of Alaska: Boulder, Colo., Geological 

Society of America, The geology of North America, vol. G-1, p. 1–46.

Box, S.E., Patton, W.W., Jr, 1989, Igneous history of the Koyukuk terrane, western Alaska;

Constraints on the origin, evolution, and ultimate collision of an accreted island arc terrane:

Journal of Geophysical Research, Solid Earth,v. 94, no. B11, p. 15843–15,867.

Loney, R.A., and Himmelberg, G.R., 1989, The Kanuti ophiolite, Alaska: Journal of Geophysical 

Research, Solid Earth, v. 94, no. B11, p. 15,869–15,900.

Miller, T.P., 1989, Contrasting plutonic rock suites of the Yukon-Koyukuk basin and the Ruby 

geanticline, Alaska: Journal of Geophysical Research, Solid Earth, v. 94, no. B11, p. 15969–

15987.

Moll-Stalcup, E., Arth, J.G., 1989, The nature of the crust in the Yukon-Koyukuk province as 

inferred from the chemical and isotopic composition of five Late Cretaceous to early Tertiary 

volcanic fields in western Alaska, Journal of Geophysical Research, Solid Earth, v. 94, no. 

B11, p. 15989–16020.
Nelson, B.K., Nelson, S.W., Till, A.B., 1993, Nd-and Sr-isotope evidence for Proterozoic and 

Paleozoic crustal evolution in the Brooks Range, northern Alaska: Journal of Geology, v. 101, 

p. 435–450.

Pallister, J.S., Budahn, J.R., Murchey, B.L., 1989, Pillow basalts of the Angayucham terrane;

Oceanic plateau and island crust accreted to the Brooks Range: Journal of Geophysical 

Research, Solid Earth, v. 94, no. B11, p. 15901–15923.
### Part C—Renewable Fuel Capital Investment Pilot Program