alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
39–008 

109TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 109–73 

WAIVING POINTS OF ORDER AGAINST THE CONFERENCE REPORT TO ACCOMPANY H.R. 1268, EMERGENCY SUPPLEMENTAL APPROPRIATIONS 

ACT FOR DEFENSE, THE GLOBAL WAR ON TERROR, AND TSUNAMI RELIEF ACT, 2005 

MAY 4, 2005.—Referred to the House Calendar and ordered to be printed 

Mr. COLE, from the Committee on Rules, submitted the following 

R E P O R T 

[To accompany H. Res. 258] 

The Committee on Rules, having had under consideration House 

Resolution 258, by a nonrecord vote, reports the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution waives all points of order against the conference 

report to accompany H.R. 1268, Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami 

Relief Act, 2005, and against its consideration. The rule further 

provides that the conference report shall be considered as read. 

The rule also authorizes the chairman of the Committee on the 

Judiciary to file a supplemental report to accompany H.R. 748, the 

Child Interstate Abortion Notification Act. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of the conference report includes a waiver of clause 4(a) of rule XIII (requiring a three-day layover of the committee report), which is necessary because the conference report (H. Rept. 108–72) was not 

filed until Tuesday, May 3, 2005, and the conference report may be 

considered by the House as early as Thursday, June 9, 2005. 

Æ
000004/01290649_1 1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

MARLENA ROSADO, on behalf of herself 

and all others similarly situated, 

Plaintiff,

v.

BARRY UNIVERSITY, INC,

Defendant.

CASE NO. 20-cv-21813-JEM

PLAINTIFF’S THIRD NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF 

RESPONSE TO DEFENDANT’S MOTION TO DISMISS AMENDED COMPLAINT

Plaintiff Marlena Rosado, on behalf of herself and all others similarly situated (“Plaintiff”), 

by and through her attorneys, hereby files this Notice of Supplemental Authority in support of her 

Response to Defendant’s Motion to Dismiss Plaintiff’s Amended Class Action Complaint [DE 23], 

and provides the following supplemental authority for consideration by the Court: 

1. Zahn v. Ohio University, Case No. 2020-00371JD (Ohio Ct. Cl., Oct. 19, 2020), 

attached hereto as Exhibit 1.

2. Waitt v. Kent State University, Case No. 2020-000392JD (Ohio Ct. Cl., Sept. 28, 

2020), attached hereto as Exhibit 2.

3. Garland v. Western Michigan University, Case No. 20-000063-MK (Mich. Ct. Cl., 

Sept. 15, 2020), attached hereto as Exhibit 3.

4. Smith v. Ohio State University, Case No. 2020-000321JD (Ohio Ct. Cl., Aug. 24, 

2020), attached hereto as Exhibit 4.

Case 1:20-cv-21813-JEM Document 50 Entered on FLSD Docket 10/29/2020 Page 1 of 2
000004/01290649_1 2

These decisions relate to Plaintiff’s arguments in support of the denial of Defendant’s 

Motion to Dismiss.

Dated October 29, 2020 Respectfully submitted, 

/s/ Jeff Ostrow 

Jeff Ostrow FBN 121452

Jonathan M. Streisfeld FBN 117447

Joshua R. Levine FBN 91807

Kristen Lake Cardoso FBN 44401

KOPELOWITZ OSTROW 

FERGUSON WEISELBERG GILBERT

1 West Las Olas Blvd. Suite 500

Fort Lauderdale, FL 33301

Telephone: (954) 525-4100

Facsimile: (954) 525-4300

ostrow@kolawyers.com

streisfeld@kolawyers.com

levine@kolawyers.com

Daniel L. Warshaw (pro hac vice to be filed)

PEARSON, SIMON & WARSHAW, LLP

15165 Ventura Boulevard, Suite 400

Sherman Oaks, CA 91403

Telephone: (818) 788-8300

Facsimile: (818) 788-8104

dwarshaw@pswlaw.com

Anna C. Haac (pro hac vice to be filed)

Jennifer Thelusma FBN 1019776

TYCKO & ZAVAREEI LLP

1828 L Street NW, Suite 1000

Washington, D.C. 20036

Telephone: (202) 973-0900

Facsimile: (202) 973-0950

ahaac@tzlegal.com

jthelusma@tzlegal.com

Counsel for Plaintiff and the Proposed Classes

CERTIFICATE OF SERVICE

I hereby certify that on October 29, 2020, I electronically filed the foregoing document with 

the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served 

this day on counsel of record via transmission of Notices of Electronic Filing generated by 

CM/ECF.

By: /s/ Jeff Ostrow 

 Jeff Ostrow

Case 1:20-cv-21813-JEM Document 50 Entered on FLSD Docket 10/29/2020 Page 2 of 2
<PAGE>
                                                                    EXHIBIT 99.1

                       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 Quarterly Report of Kaydon Corporation (the "Company") on
Form 10-Q for the period ended June 29, 2002 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Brian P. Campbell,
Chief Executive Officer and Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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; and

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


August 9, 2002                              /s/ Brian P. Campbell
                                           ----------------------
                                           Brian P. Campbell
                                           Chief Executive Officer and
                                           Chief Financial Officer
NASA LogoNTRSNTRS - NASA Technical Reports ServerSearchmore_vertCollectionsAboutNewsHelpLogin Back to ResultsLightning Effects in the Payload Changeout RoomAnalytical and empirical studies have been performed to provide better understanding of the electromagnetic environment inside the Payload Changeout Room and Orbiter payload bay resulting from lightning strikes to the launch pad lightning protection system. The analytical studies consisted of physical and mathematical modeling of the pad structure and the Payload Changeout Room. Empirical testing was performed using a lightning simulator to simulate controlled (8 kA) lightning strikes to the catenary wire lightning protection system. In addition to the analyses and testing listed above, an analysis of the configuration with the vehicle present was conducted, in lieu of testing, by the Finite Difference, Time Domain method.Document ID19970024904Acquisition SourceKennedy Space CenterDocument TypeTechnical Memorandum (TM)AuthorsThomas, Garland L.*(NASA Kennedy Space Center Cocoa Beach, FL United States)*Fisher, Franklin A.*(Lightning Technologies, Inc. Pittsfield, MA United States)*Collier, Richard S.*(Electro Magnetic Applications, Inc. Lakewood, CO United States)*Medelius, Pedro J.*(I-NET, Inc. Cocoa Beach, FL United States)*Date AcquiredSeptember 6, 2013Publication DateMay 1, 1997Subject CategoryGround Support Systems And Facilities (Space)Report/Patent NumberNAS 1.15:112881NASA-TM-112881Accession Number97N24614Funding Number(s)PROJECT: RTOP 323-52-84Distribution LimitsPublicCopyrightWork of the US Gov. Public Use Permitted.Available DownloadsNameType19970024904.pdfSTIcloud_downloadcontent_copyvisibilityRelated RecordsThere are no records associated with this record.visibility_offNo Preview Available
 No Fear Act | Freedom of Information Act | Office of the Inspector General | Agency Financial ReportsNASA Web Privacy Policy and Important Notices | NASA Guidelines for Quality of InformationDisclaimers, Copyright, Terms of Use | Accessibility | NASA OCIO | USA.gov | NASA.govContact Us | Site MapSTI LogoNASA Official: JoAnne R. Calhoun Site Curator: STI Compliance and Distribution Services Last Modified: September 12, 2024
#### Isidor Lerner v. George J. Kraus.

Application denied, with ten dollars costs. Order signed. Present—Ingraham, P. J., Clarke, Scott, Dowling and Hotchkiss, JJ.
### §5000B. Imposition of tax on indoor tanning services

#### (a) In general

There is hereby imposed on any indoor tanning service a tax equal to 10 percent of the amount paid for such service (determined without regard to this section), whether paid by insurance or otherwise.

#### (b) Indoor tanning service

For purposes of this section—

#### (1) In general

The term "indoor tanning service" means a service employing any electronic product designed to incorporate 1 or more ultraviolet lamps and intended for the irradiation of an individual by ultraviolet radiation, with wavelengths in air between 200 and 400 nanometers, to induce skin tanning.

#### (2) Exclusion of phototherapy services

Such term does not include any phototherapy service performed by a licensed medical professional.

#### (c) Payment of tax

#### (1) In general

The tax imposed by this section shall be paid by the individual on whom the service is performed.

#### (2) Collection

Every person receiving a payment for services on which a tax is imposed under subsection (a) shall collect the amount of the tax from the individual on whom the service is performed and remit such tax quarterly to the Secretary at such time and in such manner as provided by the Secretary.

#### (3) Secondary liability

Where any tax imposed by subsection (a) is not paid at the time payments for indoor tanning services are made, then to the extent that such tax is not collected, such tax shall be paid by the person who performs the service.

(Added Pub. L. 111–148, title X, §10907(b), Mar. 23, 2010, 124 Stat. 1020.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 5000B, added Pub. L. 111–148, title IX, §9017(a), Mar. 23, 2010, 124 Stat. 872, which related to tax on elective cosmetic medical procedures, and section 9017(c) of Pub. L. 111–148, which provided that the amendments made by section 9017 of Pub. L. 111–148 were applicable to procedures performed on or after Jan. 1, 2010, were not set out in the Code in view of Pub. L. 111–148, title X, §10907(a), Mar. 23, 2010, 124 Stat. 1020, which provided that the provisions of, and amendments made by, section 9017 of Pub. L. 111–148 were deemed null, void, and of no effect.

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

#### Effective Date

Pub. L. 111–148, title X, §10907(d), Mar. 23, 2010, 124 Stat. 1021, provided that: "The amendments made by this section [enacting this section] shall apply to services performed on or after July 1, 2010."
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 98-7218

DAVID LEE CARR, Plaintiff - Appellant,
versus NICHOLAS HUN, Ex-Commissioner, Department of Corrections in his Individual Capacity; LARRYMCNEELY, Commissioner, Department of Corrections in his Individual Capacity; WILLIAM C.DUNCIL, Warden, Huttonsville Correctional Center in his Individual Capacity; ROY WHITE,Medical Administrator CMS Huttonsville Correctional Center in his Individual Capacity; BRENDA STARR, Employment Officer, HuttonsvilleCorrectional Center in her Individual Capacity; ELLEN COLLETT, Dental Assistant, Huttonsville Correctional Center in her Individual Capacity; MARY THOMPSON, RN, Nurse CMS,Huttonsville Correctional Center in her Individual Capacity; CORRECTIONAL MEDICAL SYSTEMS, INCORPORATED, CMS Huttonsville Correctional Center in its Individual Capacity; JOHNDOES, Unknown Agents, Huttonsville Correctional Center in his or her Individual Capacity, Defendants - Appellees.
Appeal from the United States District Court for the Northern District of West Virginia, at Elkins. Robert Earl Maxwell, Senior District Judge. (CA-97-56-2) Submitted: November 19, 1998 Decided: December 3, 19982 Before HAMILTON and WILLIAMS, Circuit Judges, and BUTZNER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. David Lee Carr, Appellant Pro Se. Leslie K. Kiser, WEST VIRGINIA DEPARTMENT OF CORRECTIONS, Charleston, West Virginia; Mark Sheridan Brennan, WRIGHT, ROBINSON, OSTHIMER & TATUM, Richmond, Virginia, for Appellees. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).

PER CURIAM: David Lee Carr appeals the district court’s order denying his motion for a restraining order and dismissing his civil action with prejudice. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm on the reasoning of the district court. Carr v. Hun , No. CA-97-56-2 (N.D. W. Va. July 28, 1998). We dispense with oral argument because thefacts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
#### The People of the State of New York ex rel. Hamportzoon Choolokian against Mission of the Immaculate Virgin et al. The People of the State of New York ex rel. Hamportzoon Choolokian against New York Foundling Hospital et al.

Present — Peck, P. J., Glennon, Dore, Callahan and Shientag, JJ. [See 274 App. Div. 1049.]
Exhibit 99.1

Report of Independent Registered Public Accounting Firm

The Board of Directors

Hampton Roads Bankshares, Inc.

We have audited the accompanying
consolidated statements of income, changes in shareholders equity, and cash flows of Hampton Roads Bankshares, Inc. and subsidiaries (the Company) for the year ended December 31, 2006. These consolidated financial statements are the
responsibility of the Companys management. Our responsibility is to express an opinion on these consolidated financial statements based on our audit.

We conducted our audit in accordance with the standards of the Public Company Accounting Oversight Board (United States). Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial
statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant
estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion.

In our opinion, the consolidated financial statements referred to above present fairly, in all material respects, the results of operations and cash flows of Hampton Roads Bankshares, Inc. and subsidiaries for the
year ended December 31, 2006, in conformity with U.S. generally accepted accounting principles.

As discussed in note 2 to the consolidated financial
statements, the Company adopted Statement of Financial Accounting Standards No. 123(R), Share-Based Payment, on January 1, 2006.



|                 
|-----------------
|/s/    KPMG LLP  
|Norfolk, Virginia
|March 1, 2007
### §5682. Penalty for breaking locks or gaining access

Every person, who destroys, breaks, injures, or tampers with any lock or seal which may be placed on any room, building, tank, vessel, or apparatus, by any authorized internal revenue officer or any approved lock or seal placed thereon by a distilled spirits plant proprietor, or who opens said lock, seal, room, building, tank, vessel, or apparatus, or in any manner gains access to the contents therein, in the absence of the proper officer, or otherwise than as authorized by law, shall be fined not more than $5,000, or imprisoned not more than 3 years, or both.

(Added Pub. L. 85–859, title II, §201, Sept. 2, 1958, 72 Stat. 1410; amended Pub. L. 96–39, title VIII, §807(a)(59), July 26, 1979, 93 Stat. 290.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 5682, act Aug. 16, 1954, ch. 736, 68A Stat. 698, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85–859.

#### Amendments

1979—Pub. L. 96–39 expanded penalty provisions to include persons tampering with locks or seals affixed by distilled spirits plant proprietors.

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

#### Effective Date of 1979 Amendment

Amendment by Pub. L. 96–39 effective Jan. 1, 1980, see section 810 of Pub. L. 96–39, set out as a note under section 5001 of this title.
EXHIBIT 10.08
                                                                  FORM 10-Q
                                           QUARTER ENDED SEPTEMBER 30, 2001



                                AGREEMENT

This Agreement effective July 25, 2001 is between Willard R. Hildebrand
("Hildebrand") and Bucyrus International, Inc. ("Bucyrus")

In consideration of the mutual covenants and agreements set forth herein, the
parties hereto agree as follows:

1.   During the term of this Agreement, Hildebrand agrees to perform certain
     consulting services for Bucyrus, including assisting in certain
     litigation involving Bucyrus.  Such consulting services shall be
     performed at mutually convenient and reasonable time and places in the
     United States as agreed to by Hildebrand and Bucyrus.

2.   Bucyrus shall pay Hildebrand $1,500.00 per day for the consulting
     services to be performed by Hildebrand.

3.   In addition to the payment under paragraph 2 above, Bucyrus shall
     reimburse Hildebrand for reasonable out of pocket travel and other
     expenses incurred at Bucyrus' direction and on Bucyrus' behalf.

4.   The consulting fees and expenses shall be paid and reimbursed on a
     monthly basis against time and expense statements submitted by
     Hildebrand and approved by T. W. Sullivan.

5.   This Agreement shall commence as of the date set forth above and shall
     continue for a term of twelve (12) months.  Notwithstanding the
     foregoing, either party may terminate this Agreement upon not less than
     thirty (30) days prior written notice.

6.   This Agreement may not be assigned by Hildebrand without the prior
     written consent of Bucyrus.

7.   Hildebrand's relationship with Bucyrus under this Agreement is that of
     an independent contractor.

8.   This Agreement shall be governed by and construed in accordance with
     the laws of the State of Wisconsin.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date first written above.


BUCYRUS INTERNATIONAL, INC.


/s/T. W. Sullivan                       /s/W. R. Hildebrand
T. W. Sullivan                          Willard R. Hildebrand
President
### §502. Feeder organizations

#### (a) General rule

An organization operated for the primary purpose of carrying on a trade or business for profit shall not be exempt from taxation under section 501 on the ground that all of its profits are payable to one or more organizations exempt from taxation under section 501.

#### (b) Special rule

For purposes of this section, the term "trade or business" shall not include—

(1) the deriving of rents which would be excluded under section 512(b)(3), if section 512 applied to the organization,

(2) any trade or business in which substantially all the work in carrying on such trade or business is performed for the organization without compensation, or

(3) any trade or business which is the selling of merchandise, substantially all of which has been received by the organization as gifts or contributions.

(Aug. 16, 1954, ch. 736, 68A Stat. 166; Pub. L. 91–172, title I, §121(b)(7), Dec. 30, 1969, 83 Stat. 542.)

#### **Editorial Notes**

#### Amendments

1969—Pub. L. 91–172 redesignated first sentence of existing provisions as subsec. (a), and substantial portion of second sentence as subsec. (b)(1), and, in subsec. (b)(1) as so redesignated, inserted reference to section 512 of this title, and added pars. (2) and (3).

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

#### Effective Date of 1969 Amendment

Amendment by Pub. L. 91–172 applicable to taxable years beginning after Dec. 31, 1969, see section 121(g) of Pub. L. 91–172, set out as a note under section 511 of this title.
### §962. Omitted

#### **Editorial Notes**

#### Codification

Section, Pub. L. 87–235, §2, Sept. 14, 1961, 75 Stat. 508, which directed that roll prepared pursuant to former section 961 of this title would constitute membership as of Sept. 14, 1961, and provided for enrollment of children born after such date, was omitted from the Code as being of special and not general application.
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.                  

###### National Science Foundation

In accordance with the Federal Advisory Committee Act (Public law 92-463, as amended), the National Science Foundation announces the following meeting:

*Name:*                         Advisory Committee for Geosciences (1755).                    

*Dates/Times:*                         October 27, 2004, 2-5:30 p.m., October 28, 2004 8:30 a.m.-5:30 p.m., October 29, 2004, 8:30 a.m.-2 p.m.                    

*Place:*                         National Science Foundation, 4201 Wilson Boulevard, Room 1235, Arlington, VA 22230.                    

*Type of Meeting:*                         Open.                    

*Contact Person:*                         Dr. Thomas Spence, Directorate for Geosciences, National Science Foundation, Suite 705, 4201 Wilson Boulevard, Arlington, Virginia 22230, phone 703-292-8500.                    

*Minutes:*                         May be obtained from the contact person listed above.                    

*Purpose of Meeting:*                         To provide advice, recommendations, and oversight concerning support for research, education, and human resources development in the geosciences.                    

*Agenda:*

Day 1

Directorate Activity Reports 

Meeting with NSF Deputy Director

Day 2

Planning, Coordination, and Implementation Activities

Division Subcommittee Meeting and Reports

Day 3

Education and Diversity Subcommittee Meeting

Committee of Visitors Reports

Intersessional Activities

Dated: September 29, 2004.

Susanne Bolton,

Committee Management Officer.

[FR Doc. 04-22225  Filed 10-1-04; 8:45 am]

BILLING CODE 7555-01-M