alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
II 

117TH CONGRESS 

2D SESSION S. 4973 

To amend the Employee Retirement Income Security Act of 1974 to clarify 

the fiduciary duties regarding asset classes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2022 

Mr. TOOMEY (for himself, Mr. SCOTT of South Carolina, and Ms. LUMMIS) 

introduced the following bill; which was read twice and referred to the 

Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Employee Retirement Income Security Act 

of 1974 to clarify the fiduciary duties regarding asset classes. 

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 ‘‘Retirement Savings 

5 Modernization Act’’. 

6 SEC. 2. FIDUCIARY DUTIES REGARDING ASSET CLASSES 

7 UNDER ERISA. 

8 Section 404(a) of the Employee Retirement Income 

9 Security Act of 1974 (29 U.S.C. 1104(a)) is amended by 

10 adding at the end the following: 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 4973 IS

1 ‘‘(3)(A) A fiduciary shall not be liable for a breach 

2 of fiduciary duties under this section solely for— 

3 ‘‘(i) recommending, selecting, or monitoring any 

4 covered investment as an investment option for a 

5 plan; or 

6 ‘‘(ii) causing the plan to make any payment or 

7 incur any expense, associated with such covered in8 vestment. 

9 ‘‘(B) For purposes of subparagraph (A): 

10 ‘‘(i) The term ‘covered investment’— 

11 ‘‘(I) means any direct or indirect invest12 ment; and 

13 ‘‘(II) includes, but is not limited to, any of 

14 the following: 

15 ‘‘(aa) Commodities. 

16 ‘‘(bb) Debt, including public and pri17 vate credit. 

18 ‘‘(cc) Digital assets. 

19 ‘‘(dd) Hedge funds. 

20 ‘‘(ee) Infrastructure. 

21 ‘‘(ff) Insured products and annuities. 

22 ‘‘(gg) Private equity. 

23 ‘‘(hh) Real assets. 

24 ‘‘(ii) Real estate or real estate-related 

25 securities. 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 4973 IS

1 ‘‘(jj) Securities that are listed on a 

2 national securities exchange. 

3 ‘‘(kk) Venture capital. 

4 ‘‘(ll) An investment in any fund, com5 mingled account, or pooled investment ve6 hicle that invests in any investment, in7 cluding but not limited to an investment 

8 described in items (aa) through (kk). 

9 ‘‘(ii) The terms ‘exchange’ and ‘security’ have 

10 the meanings given the terms in section 3(a) of the 

11 Securities Exchange Act of 1934 (15 U.S.C. 78c(a)). 

12 ‘‘(iii) The term ‘national securities exchange’ 

13 means an exchange registered as a national securi14 ties exchange pursuant to section 6 of the Securities 

15 Exchange Act of 1934 (15 U.S.C. 78f). 

16 ‘‘(C) Nothing in this paragraph shall be construed as 

17 providing an exemption or safe harbor from the require18 ments of paragraph (1).’’. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB
<PAGE>

                                  EXHIBIT 99.1


                          [BANK OF NEW YORK LETTERHEAD]

                                BANK OF NEW YORK

                              Officer's Certificate

                          -----------------------------
                                February 21, 2006



MERRILL LYNCH DEPOSITOR, INC.
North Tower, 7th Floor
4 World Financial Center
New York, New York 10080

              PREFERREDPLUS, PPLUS TRUST AND INDEXPLUS CERTIFICATE

The undersigned, Thomas J. Bogert, the Vice President-Manager of The Bank of New
York, a New York corporation (the "Trustee"), hereby certifies in such capacity
that, based on his knowledge, the Trustee has complied, in all material
respects, with all conditions and covenants applicable to the Trustee under the
Standard Terms for Trust Agreements dated February 20, 1998 between Merrill
Lynch Depositor, Inc. as depositor (the "Depositor") and the Trustee, as
successor to United States Trust Company of New York, as trustee and securities
intermediary (the "Securities Intermediary"), in each case as amended by a
series supplement between the Depositor, the Trustee and the Securities
Intermediary for each series of trust certificates listed in the attached
schedule.




                                    Very truly yours,

                                    BANK OF NEW YORK


                                    By: /s/ Thomas J. Bogert
                                        ------------------------
                                    Name:  Thomas J. Bogert
                                    Title: Vice President


<PAGE>

                                    SCHEDULE

Public STEERS(R) Series 1998 HLT-1 Trust
Public STEERS(R) Series 1998 TRV-C1 Trust
Public STEERS(R) Series 1999 REN-C1 Trust
PreferredPLUS Trust Series CCR-1
PreferredPLUS Trust Series BLS-1
PreferredPLUS Trust Series ATT-1
PreferredPLUS Trust Series NAI-1
PreferredPLUS Trust Series FRD-1
PreferredPLUS Trust Series BLC-1
PreferredPLUS Trust Series LMG-1
PreferredPLUS Trust Series CZN-1
PreferredPLUS Trust Series QWS-1
PreferredPLUS Trust Series CTR-1
PreferredPLUS Trust Series LMG-2
PreferredPLUS Trust Series QWS-2
PreferredPLUS Trust Series ALL-1
PreferredPLUS Trust Series BLC-2
PreferredPLUS Trust Series ELP-1
PreferredPLUS Trust Series MSD-1
PreferredPLUS Trust Series VER-1
PreferredPLUS Trust Series UPC-1
PreferredPLUS Trust Series FAR-1
PreferredPLUS Trust Series GEC-1
PreferredPLUS Trust Series GRC-1
PPLUS Trust Series PMC-1
PPLUS Trust Series VAL-1
PPLUS Trust Series GSG-1
PPLUS Trust Series FMC-1
PPLUS Trust Series GSG-2
PPLUS Trust Series DCC-1
PPLUS Trust Series CSF-1
PPLUS Trust Series SPR-1
PPLUS Trust Series TWC-1
PPLUS Trust Series CMT-1
PPLUS Trust Series GSC-1
PPLUS Trust Series DCNA-1
PPLUS Trust Series GSC-2
PPLUS Trust Series JPM-1
PPLUS Trust Series LMG-3
INDEXPLUS Trust 2003-1

                                       2
#### § 3604.26 When will BLM cancel my permit?

BLM may cancel your permit if you fail, after adequate notice, to follow its terms and conditions.
(No. 865

Claimant awarded $3,000.00.)

#### Archie L. Johnson, Claimant, *vs.*State of Illinois, Respondent.

*Opinion filed May 1, 1925.*

Student at state *institution*— when *award may be made for injuries sustained by.*A student at Northern Illinois State Teachers College, under the direction of the college authorities sustains injuries in the operation of dangerous machinery in the manual art department, and by reason of such injuries he is permanently disfigured: *Held.*He is entitled to an award as an- act of social justice and equity.

John M. Buckley, for claimant.

Oscar E. Carlstrom, Attorney General ; George C. Dixon and Frank R. Eagleton, Assistant Attorneys General, for respondent.

Mr. Chief Justice Clarity

delivered the opinion of the .court:

This is a claim brought to recover for injury sustained by claimant while a student regularly enrolled and paying tuition in the Northern Illinois State Teachers’ College in the City of DeKalb, and State of Illinois.

It appears while the claimant was working in the manual art department of said college, operating a saw which was part of the equipment of said arts department, his left hand was thrown in contact "with the saw, by reason of which he suffered the amputation of the thumb, the index, finger and the middle finger 'of his left hand and other lacerations and injuries to said hand.

It appears to the court that this is a case that appeals more strongly than the principle -of equity and social justice. The claimant appeared in person in court, a clean cut, intelligent young man, and offered for consideration of the court his maimed hand, which will not alone retard his possible success in life, but will also disfigure him.

He suffered a great deal of páin and other physical inconvenience, and it appears to the court that allowance should be made.

It is therefore considered by the court that the claimant was injured while giving due care for his own safety, was under the direction of the college authorities, was paying for his education, in fact the State was engaged in business and received the money of the claimant for the training he sought.

*179As it is often held by this court, there is no legal liability, however in accordance with the rule of equity and social justice, it is recommended by this court that claimant be allowed $3,000.00.
§ 41.215 Membership practices of certain organizations. ( a ) *Social fraternities and sororities.* These Title IX regulations do not apply to the membership practices of social fraternities and sororities that are exempt from taxation under section 501(a) of the Internal Revenue Code of 1954, 26 U.S.C. 501(a), the active membership of which consists primarily of students in attendance at institutions of higher education.
( b ) *YMCA, YWCA, Girl Scouts, Boy Scouts, and Camp Fire Girls.* These Title IX regulations do not apply to the membership practices of the Young Men's Christian Association (YMCA), the Young Women's Christian Association (YWCA), the Girl Scouts, the Boy Scouts, and Camp Fire Girls.
( c ) *Voluntary youth service organizations.* These Title IX regulations do not apply to the membership practices of a voluntary youth service organization that is exempt from taxation under section 501(a) of the Internal Revenue Code of 1954, 26 U.S.C. 501(a), and the membership of which has been traditionally limited to members of one sex and principally to persons of less than nineteen years of age.
[Federal Register Volume 69, Number 192 (Tuesday, October 5, 2004)]
[Notices]
[Pages 59576-59577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22324]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Forest Service


Tehama County Resource Advisory Committee

AGENCY: Forest Service, USDA.

ACTION: Notice of meeting.

-----------------------------------------------------------------------

SUMMARY: The Tehama County Resource Advisory Committee (RAC) will meet 
in Red Bluff, California. Agenda items to be covered include: (1) 
Introductions, (2) approval of minutes, (3) public comment, (4) 
chairman report, (5) new members welcome, (6) review of projects funded 
to date, (7) general discussion, (8) next agenda.

DATES: The meeting will be held on October 14, 2004 from 9 a.m. and end 
at approximately 12 p.m.

ADDRESSES: The meeting will be held at the Lincoln Street School, 
Conference Room A, 1135 Lincoln Street, Red Bluff, CA. Individuals 
wishing to speak or propose agenda items must send their names and 
proposals to Jim Giachino, DFO, 825 N. Humboldt Ave., Willows, CA 
95988.

FOR FURTHER INFORMATION CONTACT: Bobbin Gaddini, Committee Coordinator, 
USDA, Mendocino National Forest, Grindstone Ranger District, P.O. Box 
164, Elk Creek, CA 95939. (530) 968-5329; Email <a href="/cdn-cgi/l/email-protection#294e4e484d4d404740694f5a074f4c4d075c5a"><span class="__cf_email__" data-cfemail="dcbbbbbdb8b8b5b2b59cbaaff2bab9b8f2a9af">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The meeting is open to the public. Committee 
discussion is limited to Forest Service staff and Committee members. 
However, persons who wish to bring matters to the attention of the 
Committee may file written statements with the Committee staff before 
or after

[[Page 59577]]

the meeting. Public input sessions will be provided and individuals who 
made written requests by October 12, 2004 will have the opportunity to 
address the committee at those sessions.

    Dated: September 29, 2004.
James F. Giachino,
Designated Federal Official.
[FR Doc. 04-22324 Filed 10-4-04; 8:45 am]
BILLING CODE 3410-11-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
d

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r

Recently ruptured vesicle (blister)above the dental pad.Ruptured vesicle producingerosive lesion of the gum.Ruptured vesicle on the dental pad.

Tongue vesicles that have rupturedand begun to slough.

Newly formed vesicle (small whitearea) on a hog’s snout.

A ruptured vesicle with blanching oftissue in the interdigital space.
Foot-and-Mouth

Disease:A Foreign Threat to U.S. Livestock

United States Department of AgricultureAnimal and Plant Health Inspection ServiceProgram Aid No. 600

r

s



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d



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d

the country by routine livestock movements unlessdetected early and eradicated immediately.If FMD were to spread unchecked, the economicimpact could reach billions of dollars in the first year.The Nation’s deer and other wildlife populationscould also rapidly become infected and remain areservoir of infection.What You Can DoYou can back up the Nation’s efforts against FMD by:• Watching for excessive salivation, lameness, and

other signs of FMD in your herd.

• Immediately reporting any unusual or suspicious

signs of disease to your veterinarian, to State orFederal animal disease-control officials, or to yourcounty agricultural agent.

If FMD should appear in your animals, your reportwill set in motion an effective State and Federaleradication program.Your participation is vital. Both the early recognitionof disease signs and the prompt notification of officials are essential if eradication is to be carried outsuccessfully. Your warning may prevent FMD frombecoming established in the United States, or—if itdoes spread—reduce the time and money needed towipe it out.You can find more FMD information onthe Internet.http://www.aphis.usda.govThis is one of a series of publications designed to acquaintAmerican livestock producers with foreign animal diseases andthe steps to take if an outbreak is suspected. For more information about foreign animal diseases, contact your local veterinarian,your county agent, or State or Federal animal disease-control officials.Photographs provided by the plum Island Animal Disease Center,Animal and Plant Health Inspection Service, U.S. Department ofAgriculture.The U.S. Department of Agriculture is an equal opportunityprovider and employer.Issued February 1992Slightly revised March 2001
<TABLE> <S> <C>


<ARTICLE>                                                 5
<LEGEND>
        This schedule  contains  summary  financial  information  extracted from
        Grandeur Inc. February 28, 1999 consolidated financial statements and is
        qualified in its entirety by reference to such financial statements.
</LEGEND>

<CIK>                          0000894498
<NAME>                         Grandeur Inc.

<CURRENCY>                     Canadian dollars

       

<S>                            <C>
<PERIOD-TYPE>                  9-MOS
<FISCAL-YEAR-END>              MAY-31-1999
<PERIOD-END>                   FEB-28-1999

<EXCHANGE-RATE>               .66339

<CASH>                                              0
<SECURITIES>                                        0
<RECEIVABLES>                                       596,840
<ALLOWANCES>                                        0
<INVENTORY>                                         0
<CURRENT-ASSETS>                                    631,739
<PP&E>                                              319,041
<DEPRECIATION>                                      (134,045)
<TOTAL-ASSETS>                                      816,736
<CURRENT-LIABILITIES>                               2,350,049
<BONDS>                                             0
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                            19,715
<OTHER-SE>                                          (1,560,439)
<TOTAL-LIABILITY-AND-EQUITY>                        816,736
<SALES>                                             0
<TOTAL-REVENUES>                                    0
<CGS>                                               0
<TOTAL-COSTS>                                       0
<OTHER-EXPENSES>                                    868,978
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                                  17,200
<INCOME-PRETAX>                                     (868,978)
<INCOME-TAX>                                        0
<INCOME-CONTINUING>                                 (868,978)
<DISCONTINUED>                                      0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                        (868,978)
<EPS-PRIMARY>                                       (.06)
<EPS-DILUTED>                                       (.06)
        


</TABLE>
#### § 3513.34 When and how does my suspension of operations (economic concerns) expire or terminate?

The suspension of operations (economic concerns) ends on the expirations date that BLM specifies in the decision approving the suspension, or on the first day of the lease month in which you resume operations, whichever occurs first. Your obligation for minimum annual production resumes at this time.
**Exhibit 32.2**

 

CERTIFICATION PURSUANT TO 18U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THESARBANES-OXLEY ACT OF 2002

 

The undersigned, the Chief Financial Officer of Gladstone InvestmentCorporation (the “Company”), hereby certifies on the date hereof, pursuant to18 U.S.C. §1350(a), as adopted pursuant to Section 906 of TheSarbanes-Oxley Act of 2002, that the Annual Report on Form 10-K for the fiscalyear ended September 30, 2005 (“Form 10-K”), filed concurrentlyherewith by the Company, fully complies with the requirements of Section 13(a) orSection 15(d) of the Securities Exchange Act of 1934, as amended, andthat the information contained in the Form 10-K fairly presents, in allmaterial respects, the financial condition and results of operations of theCompany.

 

Dated:  December 13, 2005

 

 
| /s/ Harry Brill         | ** ** |
|-------------------------|------------|
| Harry Brill             |
| Chief Financial Officer |

 

----
M&I 2010 Sch B-3A F.Z14.xlsm

CENTRAL VALLEY PROJECT

SCHEDULE OF M&I VOLUNTARY PAYMENT AND SURPLUS APPLICATION FOR FISCAL YEAR 2010

A B C D E FG H I 

Voluntary Payments Applied to Surplus (Annual ADeficit Grand Total 

Facility/Contractor Prior Year Current Year 1/ 30-day window Total Capital to Sch. B-1 ARRA Deficit Ref

Ref (B+C+D) (E+F) 

Black Butte D&R

County of Colusa $ - - $ 

$ 

Contra Costa Canal

Contra Costa WD 3/ 598,990.23 $ 598,990.23 $ 598,990.23 $ 

Delta Mendota Canal

Del Puerto WD 2/ - $ - $ 26.35 $ 26.35 $ - $ 26.35 $ - $ - $ 

$ 

Folsom D & R

City of Roseville 221,052.42 12,305.23 $ 233,357.65 $ - $ 233,357.65 $ 

City of Roseville 132,531.17 $ 132,531.17 $ - $ 132,531.17 $ 

Total Folsom D & R 221,052.42 $ 12,305.23 $ 132,531.17 $ 365,888.82 $ - $ 365,888.82 $ - $ - $ 

$ 

Friant D&R

Fresno County WW #18 $ - - $ 

$ 

Friant-Kern Canal

Arvin-Edison WSD $ - - $ - $ 131.79 $ 

$ 

City of Orange Cove 2,727.97 $ 2,727.97 $ - $ 2,727.97 $ 

Delano-Earlimart ID $ - - $ - $ 14.86 $ 1

$ 

Lindsay-Strathmore ID $ - - $ - $ 27.86 $ 1

$ 

Shafter-Wasco ID $ 3

60.08 $ 

Total Friant-Kern Canal - $ - $ 2,727.97 $ 2,727.97 $ - $ 2,727.97 $ 234.59 $ - $ 6

$ 

Sacramento River

Meyer Crest Limited $ - - $ 

$ 

San Felipe Unit

Santa Clara Valley WD 7,834.27 $ 7,834.27 $ - $ 7,834.27 $ 

San Luis Canal - Fresno

Westlands WD 5/ - $ - $ - $ 618.42 $ 

11/23/2011
M&I 2010 Sch B-3A F.Z14.xlsm

CENTRAL VALLEY PROJECT

SCHEDULE OF M&I VOLUNTARY PAYMENT AND SURPLUS APPLICATION FOR FISCAL YEAR 2010

A B C D E FG H I 

Voluntary Payments Applied to Surplus (Annual ADeficit Grand Total 

Facility/Contractor Prior Year Current Year 1/ 30-day window Total Capital to Sch. B-1 ARRA Deficit Ref

Ref (B+C+D) (E+F) 

11/23/2011

Shasta Lake

Centerville CSD - $ - $ - $ - $ - $ - $ - $ - $ 

$ 

Spring Creek Conduit

Shasta CSD $ - - $ 

$ 

Tehama Colusa Canal

Colusa County WD 83.70 $ 63.28 $ 146.98 $ - $ 146.98 $ 

Toyon Pipeline

U.S. Forest Service $ - - $ 

$ 

Total $ 619,193.01 221,136.12 $ 135,285.4 $ 975,614.6 9 $ - 2 $ 975,614.6 $ 853.01 2 $ - $ 6

$ 

1/ Only voluntary payments applied to CY deficits are included in the draft accountings. All voluntary payments (CY & PY) are included in the final accountings.2/ FY2010 Irr surplus applied to FY2010 deficit at the contractor's request.3/ FY2010 irrigation O&M surplus applied to FY2010 deficit at the contractor's request.4/ FY 2010 surplus applied to current year and/or prior year underpaid water charges, CVPIA and TPUD.5/ FY 2010 surplus applied to FY 2010 ARRA balance.
#### § 3601.13 How can I obtain mineral materials from Federal lands that have been withdrawn to aid a function of another Federal agency or of a State or local government agency?

If you wish to obtain mineral materials from lands withdrawn to aid a function of another Federal agency or of a State or local government agency, you may apply to BLM. BLM will dispose of the mineral materials only with the consent of that agency.
7608332.1 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT PIERCE DIVISION 

Case No.: 2:20-CV-14159-ROSENBERG/MAYNARD 

DJ LINCOLN ENTERPRISES, INC., 

 Plaintiff, 

v. 

GOOGLE LLC 

Defendant.

UNOPPOSED MOTION TO WITHDRAW APPEARANCE OF COUNSEL 

Alexander S. Zbrozek, of the law firm of Wilson Sonsini Goodrich & Rosati, P.C., 

pursuant to Local Rule 11.1(d)(3), hereby moves to withdraw his appearance as counsel for 

Defendant Google LLC, and in support thereof states as follows: 

1. On August 26, 2020, Mr. Zbrozek’s Motion to Appear Pro Hac Vice was granted 

and Mr. Zbrozek was permitted to appear as counsel in this matter on Defendant Google LLC’s 

behalf (DE 25). 

2. Mr. Zbrozek will be leaving Wilson Sonsini Goodrich & Rosati, P.C. and 

therefore will no longer be counsel for Google LLC in this matter. 

3. Nathan M. Berman of Zuckerman Spaeder LLP, and Brian M. Willen (admitted 

pro hac vice) and Lauren Gallo White (admitted pro hac vice) of Wilson Sonsini Goodrich & 

Rosati, P.C. will continue to represent Defendant Goggle LLC in this matter. 

4. Defendant Google LLC has received notice of Mr. Zbrozek’s intent to withdraw 

as counsel and has no objection to this motion. 

5. Undersigned counsel has consulted with Steven S. Biss, counsel for Plaintiff DJ 

Lincoln Enterprises Inc., who advised that Plaintiff has no objection to this motion. 

Case 2:20-cv-14159-RLR Document 44 Entered on FLSD Docket 01/25/2021 Page 1 of 2
2 

7608332.1 

WHEREFORE, Alexander S. Zbrozek respectfully requests that this Court grant him leave 

to withdraw as counsel for Defendant Google LLC in this matter. 

s/ Nathan M. Berman 

NATHAN M. BERMAN 

Florida Bar No.: 0329230 

Email: nberman@zuckerman.com 

Zuckerman Spaeder LLP 

101 E. Kennedy Blvd., Suite 1200 

Tampa, Florida 33602 

Telephone: (813) 221-1010 

Facsimile: (813) 223-7961 

BRIAN M. WILLEN (pro hac vice) 

Email: bwillen@wsgr.com 

ALEXANDER S. ZBROZEK (pro hac vice) 

Email: azbrozek@wsgr.com 

WILSON SONSINI GOODRICH & 

ROSATI, P.C. 

1301 Avenue of the Americas 

New York, NY 10019 

Telephone: (212) 999-5800 

Facsimile: (212) 999-5899 

LAUREN GALLO WHITE (pro hac vice) 

Email: lwhite@wsgr.com 

WILSON SONSINI GOODRICH & 

ROSATI, P.C. 

650 Page Mill Road 

Palo Alto, CA 94304 

Telephone: (650) 493-9300 

Facsimile: (650) 565-5100 

Attorneys for Defendant GOOGLE LLC 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on January 25, 2021, I electronically filed the foregoing with 

the Clerk of Court by using the Court’s CM/ECF system thereby serving all registered users in 

this case. 

/s/Nathan M. Berman 

Nathan M. Berman 

Case 2:20-cv-14159-RLR Document 44 Entered on FLSD Docket 01/25/2021 Page 2 of 2