alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AMERICA, CASE NO. 20-80048-CR-DIMITROULEAS

Plaintiff,

vs.

JUSTIN SMITH,

Defendant.

_______________________________________/

ORDER

THIS CAUSE is before the Court on Defendant’s March 29, 2021 Joint Motion

For Continuance, Video-Conference Change of Plea. [DE-23]. Counsel have agreed upon a 

change of plea date [DE-25]. The Motion for Continuance [DE-23] is GRANTED. Trial is reset 

for May 24, 2021 at 10:00 AM, with a calendar call/change of plea on May 17, 2021 at 10:00 

AM. Counsel may appear remotely at the change of plea; however, Smith will need to be present 

in court so that the court can determine the voluntariness of his decision, as the court is more 

comfortable making that decision in person. The motion to waive defendant’s presence [DE-25] 

is Denied, as moot.

DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 

31st day of March, 2021.

Copies furnished to:

Counsel of record

Case 9:20-cr-80048-WPD Document 27 Entered on FLSD Docket 03/31/2021 Page 1 of 2
Case 9:20-cr-80048-WPD Document 27 Entered on FLSD Docket 03/31/2021 Page 2 of 2
UNITED STATES DISTRICT COURT FOR THE

SOUTHERN DISTRICT OF FLORIDA

KEY WEST DIVISION

Case Number: 20-10062-CIV-MARTINEZ-REID

ERIC LEE KINCAID,

Plaintiff,

vs.

MONROE COUNTY DETENTION CENTER, 

et al.,

Defendants.

_____________________________________/

ORDER GRANTING MOTION TO AMEND COMPLAINT

THIS CAUSE was referred to the Honorable Lisette M. Reid, United States Magistrate 

Judge, for a Report and Recommendation (“R&R”) on all dispositive matters, [ECF No. 2]. After 

initial screening, Magistrate Judge Reid filed a R&R, [ECF No. 8], recommending that (a) 

Plaintiff’s pro se § 1983 complaint be DISMISSED pursuant to 28 U.S.C. § 1915(e) for failure to 

state a claim upon which relief can be granted and this case be CLOSED. Magistrate Judge Reid 

further recommended that Plaintiff be permitted to amend the complaint to cure the deficiencies 

by a date certain. Plaintiff has filed a Motion to Amend his Complaint, [ECF No. 9].

Accordingly, after careful consideration, it is hereby:

ORDERED AND ADJUDGED that

1. Plaintiff’s Motion to Amend the Complaint, [ECF No. 9], is GRANTED. Plaintiff shall 

file an Amended Complaint that addresses the deficiencies set forth in Magistrate Judge 

Reid’s R&R on or before November 13, 2020. Failure to do so will result in the 

closing of this case.

Case 4:20-cv-10062-JEM Document 10 Entered on FLSD Docket 10/23/2020 Page 1 of 2
- 2 -

2. Accordingly, Magistrate Judge Reid’s R&R, [ECF No. 8], is AFFIRMED AND 

ADOPTED.

DONE AND ORDERED in Chambers at Miami, Florida, this 23rd day of October, 2020.

____________________________________

JOSE E. MARTINEZ

UNITED STATES DISTRICT JUDGE

Copies provided to:

Magistrate Judge Reid

All Counsel of Record

Eric Lee Kincaid, pro se

Case 4:20-cv-10062-JEM Document 10 Entered on FLSD Docket 10/23/2020 Page 2 of 2
```

[Federal Register Volume 69, Number 197 (Wednesday, October 13, 2004)]
[Notices]
[Pages 60934-60935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22916]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE TREASURY

Submission for OMB Review; Comment Request

October 5, 2004.
    The Department of Treasury has submitted the following public 
information collection requirement(s) to OMB for review and clearance 
under the Paperwork Reduction Act of 1995, Pub. L. 104-13. Copies of 
the submission(s)

[[Page 60935]]

may be obtained by calling the Treasury Bureau Clearance Officer 
listed. Comments regarding this information collection should be 
addressed to the OMB reviewer listed and to the Treasury Department 
Clearance Officer, Department of the Treasury, Room 11000, 1750 
Pennsylvania Avenue, NW. Washington, DC 20220.
    Dates: Written comments should be received on or before November 
12, 2004 to be assured of consideration.

Internal Revenue Service (IRS)

    OMB Number: 1545-1201.
    Regulation Project Numbers: REG-152549-03 NPRM and Temporary; and 
PS-52-88 Final.
    Type of Review: Extension.
    Title: REG-152549-03 NPRM and Temporary: Section 179 Elections; and 
PS-52-88 Final: Election to Expense Certain Depreciable Business 
Assets.
    Description: The regulations provide rules on the election 
described in section 179(b)(4); the apportionment of the dollar 
limitation among component members of a controlled group; the proper 
order for deducting the carryover of disallowed deduction; and the 
maintenance of information which permits the specific identification of 
each piece of section 179 property and reflects how and from whom such 
property was acquired and when such property was placed in service. The 
recordkeeping and reporting is necessary to monitor compliance with the 
section 179 rules.
    Respondents: Business of other for-profit, Individuals or 
households, farms.
    Estimated Number of Respondents/Recordkeepers: 4,035,000.
    Estimated Burden Hours Respondent/Recordkeeper: 45 minutes.
    Frequency of response: Annually, Other (once).
    Estimated Total Reporting/Recordkeeping Burden: 3,022,500 hours.
    Clearance Officer: Paul H. Finger, (202) 622-4078. Internal Revenue 
Service, Room 6516, 1111 Constitution Avenue, NW., Washington, DC 
20224.
    OMB Reviewer: Joseph F. Lackey, Jr., (202) 395-7316, Office of 
Management and Budget, Room 10235, New Executive Office Building, 
Washington, DC 20503.

Lois K. Holland,
Treasury PRA Clearance Officer.
[FR Doc. 04-22916 Filed 10-12-04; 8:45 am]
BILLING CODE 4830-01-P
```
EXHIBIT 32.2





CERTIFICATION PURSUANT TO


SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


(18 U.S.C. SECTION 1350)








In connection with the second amended Annual Report (the "Second Amended Report") on Form 10-K/A of First National Energy Corporation, a Nevada corporation (the "Registrant"), for the year ending December 31, 2009, as filed with the Securities and Exchange Commission on this date, I, Peter Wanner, as Chief Financial Officer of the Registrant, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:





(1) The Second Amended 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 Second Amended Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.





Date: April 20, 2011
By:
/s/ Peter WannerPeter Wanner


This certification accompanies each Second Amended Report pursuant to Section 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 Registrant for purposes of Section 18 of the Securities Exchange Act of 1934, as amended.





A signed original of this statement required by Section 906 of the Sarbanes-Oxley Act of 2002 has been provided to the Registrant and will be retained by the Registrant and furnished to the Securities and Exchange Commission or its staff upon request.
#### Sewell *et al. v.*Davenport.

August 10, 1910.

Trover. Before Judge Ereeman. Troup superior court. May 3, 1909.

*n. A. Hall,*for plaintiffs in error. *W. O,. Wright,*contra.

Lumpkin, J.

The only grounds contained in the motion for a new trial being the general ones that the verdict was contrary to law and the evidence and without evidence to support it, and the evidence authorizing the finding, there was no error in overruling the motion.

*Judgment affirmed.*

*Beck, J., absent. The other Justices concur.*
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 Greater RoadrunnerGreater Roadrunner (Geococcyx californianus) Zion National Park staff photo (live bird)
The Greater Roadrunner is found in the deserts of the American Southwest. These birds can run at about 15 miles per hour, and even faster in spurts when hunting. Part of the cuckoo family, they prey on various animals, including insects, lizards, rattlesnakes, rodents, and small birds. Roadrunners usually nest above ground on platforms made of sticks and other plant materials. Both the male and female feed their young.
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§ 113.535 Effect of state or local law or other requirements. ( a ) *Prohibitory requirements.* The obligation to comply with §§ 113.500 through 113.550 is not obviated or alleviated by the existence of any State or local law or other requirement that imposes prohibitions or limits upon employment of members of one sex that are not imposed upon members of the other sex.
( b ) *Benefits.* A recipient that provides any compensation, service, or benefit to members of one sex pursuant to a State or local law or other requirement shall provide the same compensation, service, or benefit to members of the other sex.
Exhibit 10.5


TENTH AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT


THIS TENTH AMENDMENT TO EXECUTIVE EMPLOYMENT AGREEMENT (the “Tenth Amendment”) is made and entered into this 31st day of January, 2021 by and between ANDREA ELECTRONICS CORPORATION (the “Company”), a New York corporation, and DOUGLAS J. ANDREA (the “Executive”).


WHEREAS,
the Company and the Executive are parties to an Executive Employment Agreement dated as of August 1, 2014, as amended
(collectively with all amendments, the “Agreement”), which provides that the Agreement would terminate on July
31, 2021, unless extended under its terms;


WHEREAS, the Company desires to continue to employ the Executive as the Chief Executive Officer of the Company and the Executive wishes to accept such continued employment under the terms and conditions set forth in the Agreement, as further modified by this Tenth Amendment; and


WHEREAS, the parties desire to retroactively extend the term of the Agreement until July 31, 2021, subject to the terms of this Tenth Amendment.


WHEREAS, the parties agree to modify the Agreement paragraph 4.(b) (1) Quarterly Bonus and (2) Annual Bonus to reflect an adjustment to remove the gain from the funds received from the U.S. Federal ‘Paycheck Protection Program’, including round one and round two, if and when it is forgiven and recognized as income in the financial statements.


NOW, THEREFORE, in consideration of the premises and mutual covenants contained herein and for other good and valuable consideration, the receipt of which is mutually acknowledged, the Company and the Executive (individually a “Party” and together the “Parties”) agree as follows:


1. Amendment.


The term of the Agreement is hereby extended for the period beginning on February 1, 2021 and ending on July 31, 2021.


2. Ratification.


Except as modified and amended by this Tenth Amendment, the Parties hereto hereby agree and confirm that the Agreement remains in full force and effect.


3. Counterparts.


This Tenth Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument.


IN WITNESS WHEREOF, the undersigned have executed this Tenth Amendment as of January 31, 2021




	ANDREA ELECTRONICS CORPORATION
	 
	By: 	/s/ Louis Libin
		Louis Libin
		Director
	 
	By:	/s/ Joseph J. Migliozzi
		Joseph J. Migliozzi
		Director
	 
	By:	/s/ Jonathan D. Spaet
		Jonathan D. Spaet
		Director
		 
		EXECUTIVE
		 
		/s/ Douglas J. Andrea
		Douglas J. Andrea
#### Dora Geiger et al., Appellants, v. Stella Stillman et al., Doing Business under the Name of 242 West 76th St. Realty Company, Respondents.

Judgment unanimously affirmed, with costs. No opinion. Present — Peek, P. J., Glennon, Dore, Van Voorhis and Shientag, JJ.
#### § 123.107 How much can I borrow for post-disaster mitigation for my home?

For mitigation measures implemented after a disaster has occurred, you can request that the approved home disaster loan amount be increased by the lesser of the cost of the mitigation measure, or up to 20 percent of the verified loss (before deducting compensation from other sources), to a maximum of $500,000.

[75 FR 14332, Mar. 25, 2010, as amended at 88 FR 39341, June 16, 2023]
Exhibit 32.1


                            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 Internet Commerce Corporation
(the "Company") on Form 10-Q for the quarter ended April 30, 2004 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Thomas Stallings, Chief Executive 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.




By: /s/ Thomas Stallings
   --------------------------
   Thomas Stallings
   Chief Executive Officer
   June 18, 2004
|   | 1. | I have reviewed the annual report on Form 10-K and all reports on Form 8-K filed by U.S. Bank Trust National Association, solely as Trustee for the Trust Certificates (TRUCs) Series 2001-2 Trust and any distribution reports filed in respect of the Trust during the 2009 calendar year; |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 2. | The information in those reports, taken as a whole, does 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, no misleading as of the last day of the period covered by the annual report; |
|--------|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 3. | The distribution or servicing information required to be provided to the depositor by the Trustee under the trust agreement for inclusion in these reports is included in such reports; and |
|--------|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | 4. | I am responsible for reviewing the activities performed by the Trustee under the trust agreement and except as disclosed in these reports, the Trustee has fulfilled its obligations under the trust agreement. |
|--------|----|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | U.S. BANK TRUST NATIONAL ASSOCIATION By: /s/David J. KolibachukName: David J. KolibachukTitle:  Vice PresidentDate:   March 30, 2010 |
|--------|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|

----
EXHIBIT 23

                          INDEPENDENT AUDITORS' CONSENT

To the Board of Directors
NuTech Digital, Inc.

We hereby  consent to the  incorporation  by reference in the  previously  filed
Registration  Statements  of  NuTech  Digital,  Inc.  on  Form  S-8  (File  Nos.
333-106963,  333-110059,  333-111876)  of  our  report,  dated  March  23,  2004
appearing in this Annual Report on Form 10-KSB of NuTech  Digital,  Inc. for the
year ended December 31, 2003.



                                               /s/Farber & Hass LLP
                                               FARBER & HASS LLP

Camarillo, California
March 23, 2004
#### STATE OF SOUTH DAKOTA, Appellant, v. DOUGLAS LAWRENCE et al, Respondents.

(195 N. W. 972.)

(File No. 5391, 5392.

Opinion filed November 27, 1923.)

Appeal from Circuit Court, Perkins County; Hon. W. E. Eddy, Judge.-

*Buell F. Jones,*Attorney General, *Ray F. Dr every,*Assistant Attorney General, and *C. M. Parsons,*States Attorney, for Appellant.

*McNulty & Campbell,*of Aberdeen, for Respondents.

GATES, J.

Upon petition for rehearing. The former opinion appears in 46 S. D. 599, 195 N. W. 441. It urged by the *63state that we have definitely overruled State v. Casey, 44 S. D. 311, 183 N. W. 971, 15 A. L. R. 1521, because of the following sentence:

> “The • situation at the time the sureties asked to he released from the bond must be viewed from the same standpoint as if Lawrence had not then [and there] been under arrest on the second charge, and as if the sureties had then and there brought Lawrence and surrendered him to the sheriff.”

It was not the intention to overrule State v. Casey. The quoted sentence was intended to refer only to the time at which the sureties made their demand and not to what might or might not he done later.

“The effect of the second arrest and the commitment to jail of the accused was to take from the [sureties] the right and power to exercise that supervision and control over his actions and movements that they were entitled by law to have and exercise.” Medlin v. Commonwealth, 11 Bush. (Ky). 605.

' While in State v. Casey, supra, the sheriff was the agent of the sureties, in the present 'Case the sheriff was not their agent, because the sureties were without authority over the prisoner.

The petition for rehearing is denied.

Note. — Reported in 195 N. W. 972. See Bail, 6 C. J. Sec. 313 (1925 Anno.).
**Exhibit
      32.2**


CERTIFICATION
            PURSUANT TO
 
 SECTION
            906 OF THE SARBANES-OXLEY ACT OF 2002
 
 In
            connection with the annual report of China
            Digital Communication Group (the
            "Company") on Form 10-KSB/A for the year ended December 31, 2005 as filed
            with
            the Securities and Exchange Commission on the date hereof (the "Report"),
            I, Wu
            Jiangcheng, Chief Financial Officer of the Company, certify 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.


Date:
                August 6,
                2008
              By: */s/ Wu
                Jiangcheng*Wu JiangchengChief
                Financial
                Officer
### §5275. Records and reports

Every person procuring or using distilled spirits withdrawn under section 5214(a)(2) or (3), or procuring, dealing in, or using specially denatured distilled spirits, or recovering specially denatured or completely denatured distilled spirits, shall keep such records and file such reports of the receipt and use of distilled spirits withdrawn free of tax, of the receipt, disposition, use, and recovery of denatured distilled spirits, the manufacture and disposition of articles, and such other information as the Secretary may be regulations require. The Secretary may require any person reprocessing, bottling or repackaging articles, or dealing in completely denatured distilled spirits or articles, to keep such records, submit such reports, and comply with such other requirements as he may by regulations prescribe. Records required to be kept under this section and a copy of all reports required to be filed shall be preserved as regulations shall prescribe and shall be kept available for inspection by any internal revenue officer during business hours. Such officer may also inspect and take samples of distilled spirits, denatured distilled spirits, or articles (including any substances for use in the manufacture thereof), to which such records or reports relate.

(Added Pub. L. 85–859, title II, §201, Sept. 2, 1958, 72 Stat. 1373; amended Pub. L. 94–455, title XIX, §1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1834.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 5275, act Aug. 16, 1954, ch. 736, 68A Stat. 651, related to cross references, prior to the general revision of this chapter by Pub. L. 85–859. See sections 5179(2) and 5181 of this title.

Provisions similar to those comprising this section were contained in prior sections 5305, 5313(b), and 5331(a)(3), act Aug. 16, 1954, ch. 736, 68A Stat. 657, 659, 662, prior to the general revision of this chapter by Pub. L. 85–859.

#### Amendments

1976—Pub. L. 94–455 struck out "or his delegate" after "Secretary" wherever appearing.
HomeAbout NRCRadiation ProtectionHow the NRC Protects YouHealth Physics Positions Based on 10 CFR Part 20

# Mixed Nuclide Classification

## HPPOS-289 PDR-9306180280

See the letter from P.H. Lohaus to S. Arnold (Westinghouse Hanford Co.) dated January 4, 1993.

A request was made for NRC interpretation of the regulatory requirements in 10 CFR Part 61 paragraph 61.55 (a) (5) regarding the classification of wastes containing mixtures of long- and short-lived radionuclides. The question specifically requested clarification on whether radionuclides from both tables of 10 CFR 61.55 should be considered independently. Table 1 of 10 CFR 61.55 contains limits for long-lived radionuclides and Table 2 contains limits for short-lived radionuclides.

The staff position was that the waste generator should calculate the classification of the waste using the sum-of-the-fractions rule separately for the Table 1 isotopes. The following is an acceptable approach to classification of wastes containing both long- and short-lived radionuclides. First, the sum-of-the-fractions for the Table 1 isotopes should be calculated, and then, the sum-of-the-fractions for the Table 2 isotopes should be calculated. If the Table 1 sum does not exceed 0.1, the classification is determined by using Table 2 only. If the Table 1 sum is between 0.1 and 1, and the Table 2 sum is less than 1 for the Column 3 limits, the waste is Class C. In both cases the sums-of-the-fractions are calculated separately for the Table 1 isotopes and the Table 2 isotopes.

**Regulatory references:** 10 CFR 61.55

**Subject codes:** 9.0, 9.4

**Applicability:** All

Page Last Reviewed/Updated Monday, October 30, 2017