alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 400.104 Meetings and actions of the Board. ( a ) *Place and frequency.* The Board meets, on the call of the Chairman, in order to consider matters requiring action by the Board. Time and place for any such meeting shall be determined by the members of the Board.
( b ) *Quorum and voting.* Two voting members of the Board constitute a quorum for the transaction of business. All decisions and determinations of the Board shall be made by a majority vote of the voting members. All votes on determinations of the Board required by the Act shall be recorded in the minutes. A Board member may request that any vote be recorded according to individual Board members.
( c ) *Agenda of meetings.* To the extent practicable, an agenda for each meeting shall be distributed to members of the Board at least two days in advance of the date of the meeting, together with copies of materials relevant to the agenda items.
( d ) *Minutes.* The Secretary of the Board shall keep minutes of each Board meeting and of action taken without a meeting, a draft of which is to be distributed to each member of the Board as soon as practicable after each meeting or action. To the extent practicable, the minutes of a Board meeting shall be corrected and approved at the next meeting of the Board.
( e ) *Use of conference call communications equipment.* Any member may participate in a meeting of the Board through the use of conference call, telephone or similar communications equipment, by means of which all persons participating in the meeting can simultaneously speak to and hear each other. Any member so participating in a meeting shall be deemed present for all purposes. Actions taken by the Board at meetings conducted through the use of such equipment, including the votes of each member, shall be recorded in the usual manner in the minutes of the meetings of the Board.
( f ) *Actions between meetings.* When, in the judgment of the Chairman, circumstances occur making it desirable for the Board to consider action when it is not feasible to call a meeting, the relevant information and recommendations for action may be transmitted to the members by the Secretary of the Board and the voting members may communicate their votes to the Chairman in writing (including an action signed in counterpart by each Board member), electronically, or orally (including telephone communication). Any action taken under this paragraph has the same effect as an action taken at a meeting. Any such action shall be recorded in the minutes.
( g ) *Delegations of authority.* The Board may delegate authority, subject to such terms and conditions as the Board deems appropriate, to the Executive Director, the General Counsel, or the Secretary of the Board, to take certain actions not required by the Act to be taken by the Board. All delegations shall be made pursuant to resolutions of the Board and recorded in writing, whether in the minutes of a meeting or otherwise. Any action taken pursuant to delegated authority has the effect of an action taken by the Board.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-61341-CIV-SMITH/VALLE

NAHLAH MELAIH,

Plaintiff,

vs.

MSC CRUISES, S.A., ET AL.,

Defendants.

 /

ORDER AFFIRMING AND ADOPTING REPORTS AND RECOMMENDATIONS OF 

MAGISTRATE JUDGE

This matter is before the Court upon the Report and Recommendation to District Judge 

[DE 86], which recommends granting in part and denying in part Plaintiff’s Motion to Strike 

Defendant Park West’s Affirmative Defenses [DE 29]. Also, before the Court is the Report and 

Recommendation to District Judge [DE 87], which recommends granting in part and denying in 

part Plaintiff’s Motion to Strike Defendant MSC’s Affirmative Defenses [DE 28]. No objections 

have been filed to either Report and Recommendation. Upon consideration, it is 

ORDERED that:

1. The Report and Recommendation to District Judge [DE 86] is AFFIRMED and 

ADOPTED and incorporated by reference into this Court’s Order.

2. Plaintiff’s Motion to Strike Defendant Park West’s Affirmative Defenses [DE 29]

is GRANTED in part and DENIED in part. 

a. Defendant Park West Galleries, Inc.’s Third Affirmative Defense is 

STRICKEN without prejudice. Defendant Park West Galleries, Inc. may file an

Amended Third Affirmative Defense by August 30, 2021.

Case 0:20-cv-61341-RS Document 111 Entered on FLSD Docket 08/23/2021 Page 1 of 2
b. Defendant Park West Galleries, Inc.’s Seventh Affirmative Defense is 

STRICKEN with prejudice. 

c. The motion is DENIED in all other respects. 

3. The Report and Recommendation to District Judge [DE 87] is AFFIRMED and 

ADOPTED and incorporated by reference into this Court’s Order.

4. Plaintiff’s Motion to Strike Defendant MSC’s Affirmative Defenses [DE 28] is 

GRANTED in part and DENIED in part:

a. Defendant MSC Cruises, S.A.’s Tenth, Twelfth, and Seventeenth 

Affirmative Defenses are STRICKEN with prejudice.

b. The Motion is DENIED in all other respects.

DONE and ORDERED in Fort Lauderdale, Florida, this 23rd day of August, 2021.

cc: All Counsel of Record

Case 0:20-cv-61341-RS Document 111 Entered on FLSD Docket 08/23/2021 Page 2 of 2
#### § 128.307 What are a Participant's ongoing obligations to SBA?

Once certified, a VOSB or SDVOSB must notify SBA of any material changes that could affect its eligibility, within 30 calendar days of any such change, and attest to its continued eligibility. Material changes include, but are not limited to, a change in the firm's ownership, business structure, or control, filing of bankruptcy, or change in active duty status. The method for notifying SBA can be found on SBA's web page. A concern's failure to notify SBA of a material change may result in decertification, pursuant to § 128.310. In addition, SBA may seek the imposition of penalties under § 128.600.
#### UNITED STATES of America, Plaintiff-Appellee, v. Manuel ESTRADA-GARCIA, Defendant-Appellant.

No. 04-41080.

Summary Calendar.

United States Court of Appeals, Fifth Circuit.

Decide March 3, 2006.

James Lee Turner, John Richard Berry, Assistant U.S. Attorneys, U.S. Attorney’s Office Southern District of Texas, Houston, TX, for Plaintiff-Appellee.

*854Marjorie A. Meyers, Federal Public Defender, Raquel Kathy Wilson, Assistant Federal Public Defender, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, BENAVIDES, and DENNIS, Circuit Judges.

PER CURIAM: *

Manuel Estrada-Garda (Estrada) appeals his conviction and the sentence he received after he pleaded guilty to one count of illegal reentry following deportation. Estrada argues that his sentence is illegal under *United States v. Booker,*543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), because it was imposed pursuant to a mandatory application of the federal Sentencing Guidelines.

The erroneous application of the Guidelines as mandatory is technically a “Fanfan error.” *United States v. Martinez-Lugo,*411 F.3d 597, 600 (5th Cir.), *cert. denied,*— U.S. -, 126 S.Ct. 464, 163 L.Ed.2d 352 (2005); *see Booker,*125 S.Ct. at 750, 768-69. The Government concedes that Estrada preserved his Fanfan claim for appeal. The Government fails to meet its burden of proving that the district court’s sentence under Guidelines it deemed mandatory was harmless beyond a reasonable doubt because the Government fails to cite to any record evidence showing that the district court would have imposed the same sentence under an advisory guidelines scheme. *See United States v. Walters,*418 F.3d 461, 464 (5th Cir.2005); *United States v. Garza,*429 F.3d 165, 171 (5th Cir.2005) *(Booker*error). We therefore vacate the sentence and remand the case for resentencing in accordance with *Booker.*

Estrada also challenges the term of supervised release that was imposed on the basis that the enhancement provisions set forth in § 1326(b) are unconstitutional. Given that Estrada’s entire sentence is vacated, this court need not reach this argument. *See United States v. Akpan,*407 F.3d 360, 377 n. 62 (5th Cir.2005).

SENTENCE VACATED; CASE REMANDED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
[Federal Register Volume 69, Number 194 (Thursday, October 7, 2004)]
[Notices]
[Pages 60196-60197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22648]


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

OVERSEAS PRIVATE INVESTMENT CORPORATION


November 4, 2004, Public Hearing; Sunshine Act

TIME AND DATE: 2 p.m., Thursday, November 4, 2004.

PLACE: Offices of the Corporation, Twelfth Floor Board Room, 1100 New 
York Avenue, NW., Washington, DC.

STATUS: Hearing open to the public at 2 p.m.

PURPOSE: Public Hearing in conjunction with each meeting of OPIC's 
Board of Directors, to afford an opportunity for any person to present 
views regarding the activities of the Corporation.

PROCEDURES: Individuals wishing to address the hearing orally must 
provide advance notice to OPIC's Corporate Secretary no later than 5 
p.m., Monday, October 25, 2004. The notice must include the 
individual's name, title, organization, address, and telephone number, 
and a concise summary of the subject matter to be presented.
    Oral presentations may not exceed ten (10) minutes. The time for 
individual presentations may be reduced proportionately, if necessary, 
to afford all participants who have submitted a

[[Page 60197]]

timely request to participate an opportunity to be heard.
    Participants wishing to submit a written statement for the record 
must submit a copy of such statement to OPIC's Corporate Secretary no 
later than 5 p.m., Monday, October 25, 2004. Such statements must be 
typewritten, double-spaced, and may not exceed twenty-five (25) pages.
    Upon receipts of the required notice, OPIC will prepare an agenda 
for the hearing identifying speakers, setting forth the subject on 
which each participant will speak, and the time allotted for each 
presentation. The agenda will be available at the hearing.
    A written summary of the hearing will be compiled, and such summary 
will be made available, upon written request to OPIC's Corporate 
Secretary, at the cost of reproduction.

CONTACT PERSON FOR INFORMATION: Information on the hearing may be 
obtained from Connie M. Downs at (202) 336-8438, via facsimile at (202) 
218-0136, or via e-mail at <a href="/cdn-cgi/l/email-protection#b3d0d7dcc4ddf3dcc3dad09dd4dcc5"><span class="__cf_email__" data-cfemail="1e7d7a7169705e716e777d30797168">[email protected]</span></a>.

    Dated: October 4, 2004.
Connie M. Downs,
OPIC Corporate Secretary.
[FR Doc. 04-22648 Filed 10-4-04; 4:49 pm]
BILLING CODE 3210-01-M


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</html>
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

LAMAR ADVANTAGE GP COMPANY, LLC,

Respondents

v.

CITY OF PITTSBURGH ZONING BOARD

OF ADJUSTMENT AND CITY OF PITTSBURGH,

Petitioners :

:

:

:

:

:

:

:

:

:

:

:

: No. 409 WAL 2019

Petition for Allowance of Appeal

from the Order of the

Commonwealth Court

ORDER

PER CURIAM

AND NOW

, this 6th day of April, 2020 , the Petition for Allowance of Appeal is

GRANTED

, LIMITED TO the issue set forth below. Allocatur is DENIED as to all

remaining issues. The issue, as stated by P etitioner, is:

Whether the holding of the panel in this matter that a static vinyl advertising sign could replace an electronic advertising sign was inconsistent with the holding in Lamar Advertising Co. v. Zoning Hearing Bd. of the Municipality

of Monroeville , 939 A.2d 994 (Pa.Commw. Ct. 2007) that static vinyl advertising signs and electronic advertising signs are so different that one cannot simply replace the other without application for and issuance of a new zoning and building permit?
[Federal Register Volume 69, Number 192 (Tuesday, October 5, 2004)]
[Notices]
[Page 59606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22315]


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

DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1545-DR]


Florida; Amendment No. 9 to Notice of a Major Disaster 
Declaration

AGENCY: Federal Emergency Management Agency, Emergency Preparedness and 
Response Directorate, Department of Homeland Security.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration 
for the State of Florida (FEMA-1545-DR), dated September 4, 2004, and 
related determinations.

EFFECTIVE DATE: September 27, 2004.

FOR FURTHER INFORMATION CONTACT: Magda Ruiz, Recovery Division, Federal 
Emergency Management Agency, Washington, DC 20472, (202) 646-2705.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration 
for the State of Florida is hereby amended to include the following 
areas among those areas determined to have been adversely affected by 
the catastrophe declared a major disaster by the President in his 
declaration of September 4, 2004:

    Gadsden, Hamilton, Leon, Madison, and Wakulla Counties for 
[Categories C-G] under the Public Assistance program (already 
designated for debris removal and emergency protective measures 
(Categories A and B) under the Public Assistance Program and direct 
Federal assistance at 100 percent Federal funding of the total 
eligible costs for the first 72 hours.)
    Glades, Hendry, and Union Counties for [Categories C-G] under 
the Public Assistance program (already designated for Individual 
Assistance and debris removal and emergency protective measures 
(Categories A and B) under the Public Assistance Program and direct 
Federal assistance at 100 percent Federal funding of the total 
eligible costs for the first 72 hours.)

(The following Catalog of Federal Domestic Assistance Numbers (CFDA) 
are to be used for reporting and drawing funds: 97.030, Community 
Disaster Loans; 97.031, Cora Brown Fund Program; 97.032, Crisis 
Counseling; 97.033, Disaster Legal Services Program; 97.034, 
Disaster Unemployment Assistance (DUA); 97.046, Fire Management 
Assistance; 97.048, Individuals and Households Housing; 97.049, 
Individuals and Households Disaster Housing Operations; 97.050 
Individuals and Households Program--Other Needs, 97.036, Public 
Assistance Grants; 97.039, Hazard Mitigation Grant Program.)

Michael D. Brown,
Under Secretary, Emergency Preparedness and Response, Department of 
Homeland Security.
[FR Doc. 04-22315 Filed 10-4-04; 8:45 am]
BILLING CODE 9110-10-P
Editorial Note on Part 134
Editorial Note: Nomenclature changes to part 134 appear at 72 FR 50042, Aug. 30, 2007.

§ 134.1204 The appeal petition. ( a ) *Content.* The appeal petition must include the following information: ( 1 ) A copy of the final SBA loan review decision that is being appealed and the date it was received by the borrower. A Notice of Paycheck Protection Program Forgiveness Payment does not provide a borrower with a right to appeal to OHA.
( 2 ) A full and specific statement as to why the final SBA loan review decision is alleged to be erroneous, together with all factual information and legal arguments supporting the allegations. There is no required format for an appeal petition. However, the appeal petition must meet the following requirements: ( i ) The maximum length of an appeal petition (not including attachments) is 20 pages. A table of authorities is required only for petitions citing more than twenty cases, regulations, or statutes.
( ii ) Clearly label any exhibits and attachments.
( 3 ) The name, address, telephone number, email address, and signature of the appellant or its attorney.
( b ) *Dismissal.* An appeal petition that does not contain all of the information required by paragraph (a) of this section may be dismissed, with or without prejudice, at the Judge's own initiative, or upon motion of SBA.
( c ) *Motion for more definite statement.* ( 1 ) SBA may, no later than five calendar days after receiving a Notice and Order on an appeal petition, move for an order to the appellant to provide a more definite appeal petition or otherwise comply with this section. A Judge may order a more definite appeal petition on his or her own initiative.
( 2 ) A motion for a more definite appeal petition stays SBA's time for filing a response. The Judge will establish the time for filing and serving a response and will extend the close of the record as appropriate.
( 3 ) If the appellant does not comply with the Judge's order to provide a more definite appeal petition or otherwise fails to comply with applicable regulations in this subpart, the Judge may dismiss the petition with prejudice.
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  Soundscapes
 Bull elk bugles in front of a buildingThe natural soundscape of Greater Yellowstone includes elk bugling associated with mating. NPS/Jim Peaco

The Greater Yellowstone Ecosystem has many biological sounds with important ecological functions for reproduction and survival. Birds, mammals, amphibians, and insects often need to hear or produce sounds to attract mates, detect predators, find prey, and/or defend territories. The occurrence of sounds in a particular area forms the soundscape.
The natural soundscape of the Greater Yellowstone Ecosystem delights visitors during the fall elk rut, during birds’ spring choruses, along streams, and in the still and profoundly quiet winter days and nights. Natural soundscapes are a resource and are protected by National Park Service policies. Many visitors come to national parks to enjoy serenity and solitude and to hear sounds of nature. Sounds associated with human activity, including road traffic, aircraft, and snowmobiles, often impact these natural soundscapes and are a growing concern. Aircraft noise, the most widespread human-caused sound in the park, is heard on average for less than 10 percent of the day. Yellowstone and Grand Teton initiated a soundscape monitoring program in 2003.

ResourcesSource: Data Store Collection  7734. To search for additional information, visit the Data Store.

Additional Information
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Immerse yourself in the aural splendor of Yellowstone.
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The natural and cultural sounds in parks awaken a sense of wonder that connects us to the qualities that define these special places.
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Clean air helps people breathe easy and see far. It keeps our parks and planet healthy too!
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Yellowstone is the heart of one of the largest, nearly intact temperate-zones on Earth.
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<TABLE> <S> <C>

<ARTICLE> 9
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE
QUARTERLY REPORT ON FORM 10-Q FOR THE QUARTER ENDED SEPTEMBER 30, 1997 AND IS
QUALIFIED IN ITS ENTIRETY BY REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          MAR-31-1998
<PERIOD-END>                               SEP-30-1997
<CASH>                                           7,716
<INT-BEARING-DEPOSITS>                           3,326
<FED-FUNDS-SOLD>                                 2,200
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                     25,392
<INVESTMENTS-CARRYING>                          12,000
<INVESTMENTS-MARKET>                            11,998
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<INTEREST-TOTAL>                                27,242
<INTEREST-DEPOSIT>                              10,830
<INTEREST-EXPENSE>                              14,521
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<EXPENSE-OTHER>                                  6,542
<INCOME-PRETAX>                                  6,893
<INCOME-PRE-EXTRAORDINARY>                       4,495
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
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<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                            626
        

</TABLE>
#### In the Matter of the Accounting of Richard F. Dalton, as Surviving Executor of John S. O’Leary, Deceased, Respondent. Joseph P. Kelly, as One of the Executors of Sarah D. O’Leary, Deceased, Appellant.

No opinion. Present — Peck, P. J., Glennon, Dore, Yan Yoorhis and Shientag, JJ. [See *post,*p. 822.]
IN THE SUPREME COURT OF PENNSYLVANIA

In the Matter of

JAMES DOWNING BRADY

:

:

:

:

:

:

:

:

:

:

No. 2544 Disciplinary Docket No. 3

Board File No. C1-18-844

(Supreme Court of New Jersey, D-33 

September Term 2017)

Attorney Registration No. 33415

(Out of State)

ORDER

PER CURIAM

AND NOW, this 4th day of January, 2019, having failed to respond to a Notice 

and Order directing him to provide reasons against the imposition of reciprocal 

discipline, James Downing Brady is suspended for three months from the practice of 

law in the Commonwealth of Pennsylvania. He shall comply with all the provisions of 

Pa.R.D.E. 217.