alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### §1505. Indian claims

The United States Court of Federal Claims shall have jurisdiction of any claim against the United States accruing after August 13, 1946, in favor of any tribe, band, or other identifiable group of American Indians residing within the territorial limits of the United States or Alaska whenever such claim is one arising under the Constitution, laws or treaties of the United States, or Executive orders of the President, or is one which otherwise would be cognizable in the Court of Federal Claims if the claimant were not an Indian tribe, band or group.

(Added May 24, 1949, ch. 139, §89(a), 63 Stat. 102; amended Pub. L. 97–164, title I, §133(g), Apr. 2, 1982, 96 Stat. 41; Pub. L. 102–572, title IX, §902(a), Oct. 29, 1992, 106 Stat. 4516.)

#### Historical and Revision Notes

#### 1949 Act

Section 1505 is added to title 28, U.S.C., by this amendment to incorporate the act of August 13, 1946 (ch. 959, §24, 60 Stat. 1055), which was originally classified to title 28, U.S.C., but was later transferred to title 25 of such code. Since such section 24 deals with jurisdiction of the Court of Claims it should be in title 28.

This amendatory section omits as surplusage all provisions of said section 24 except the first sentence, as being fully covered by the express provisions of sections 1503 and 2501 and other provisions of chapter 165 of title 28, U.S.C., relating to Court of Claims procedure.

The proviso of such section 24 is omitted as unnecessary since the provision conferring jurisdiction cannot in any view alter the relationship of the Government with its Indians.

The omitted language is as follows: "In any suit brought under the jurisdiction conferred by this section the claimant shall be entitled to recover in the same manner, to the same extent, and subject to the same conditions and limitations, and the United States shall be entitled to the same defenses, both at law and in equity, and to the same offsets, counterclaims, and demands, as in cases brought in the Court of Claims under section 250 of this title: Provided, however, That nothing contained in this section shall be construed as altering the fiduciary or other relations between the United States and the several Indian tribes, bands, or groups."

#### **Editorial Notes**

#### Amendments

1992—Pub. L. 102–572 substituted "United States Court of Federal Claims" for "United States Claims Court" and "Court of Federal Claims" for "Claims Court".

1982—Pub. L. 97–164 substituted "The United States Claims Court shall have jurisdiction" for "The Court of Claims shall have jurisdiction" and "cognizable in the Claims Court" for "cognizable in the Court of Claims".

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

#### Effective Date of 1992 Amendment

Amendment by Pub. L. 102–572 effective Oct. 29, 1992, see section 911 of Pub. L. 102–572, set out as a note under section 171 of this title.

#### Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of this title.
#### § 108.1900 Termination of participation as a NMVC Company.

You may not terminate your participation as a NMVC Company without SBA's prior written approval. Your request for approval must be accompanied by an offer of immediate repayment of all of your outstanding Leverage (including any prepayment penalties thereon), or by a plan satisfactory to SBA for the orderly liquidation of the NMVC Company.
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### §109. New Hampshire

New Hampshire constitutes one judicial district.

Court shall be held at Concord and Littleton.

(June 25, 1948, ch. 646, 62 Stat. 885.)

#### Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §175 (Mar. 3, 1911, ch. 231, §95, 36 Stat. 1119; Aug. 23, 1912, ch. 344, 37 Stat. 357; Feb. 20, 1926, ch. 23, 44 Stat. 8).

Changes in arrangement and phraseology were made.
HomeAbout NRCCareer OpportunitiesWorking at NRCNRC EthicsSummaries of Major Ethics Rules

# Fundraising

The standards of conduct (5 CFR 2635.808) prohibit the use of official title or position to raise funds for any organization unless authorized, such as the Combined Federal Campaign. It also prohibits fundraising from subordinates or anyone the employee knows is a prohibited source.

Page Last Reviewed/Updated Thursday, March 12, 2020

Section Navigation

#### Navigation

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Page Last Reviewed/Updated Thursday, March 12, 2020
#### § 108.120 Economic development primary mission.

The primary mission of a NMVC Company must be economic development of one or more LI Areas.
1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-cv-21289-COOKE/GOODMAN

ALFRED POLLACK, 

Plaintiff

vs.

ANDREW M. SAUL, Commissioner of Social

Security,

Defendant.

_____________________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S 

REPORT AND RECOMMENDATION

THIS MATTER is before me upon the Report and Recommendation (“R&R”) of 

the Honorable Jonathan Goodman, U.S. Magistrate Judge, ECF No. 25. The R&R concerns

the Plaintiff’s unopposed motion for attorney’s fees, ECF No. 24. 

In his R&R, Judge Goodman recommends that I grant Plaintiff’s motions for 

attorney’s fees and award Plaintiff $5,137.07 in attorneys’ fees, contingent on a 

determination by Defendant that Plaintiff owes no qualifying preexisting debt(s) to the 

government. The parties have not filed objections, and the time to do so has passed. 

I have reviewed parties’ motions, the briefing and accompanying exhibits, Judge

Goodman’s R&R, the record, and the relevant legal authorities. Having done so, I find 

Judge Goodman’s R&R to be clear, cogent, and compelling. 

Accordingly, Judge Goodman’s R&R, ECF No. 25, is AFFIRMED and ADOPTED

as the Order of this Court. It is hereby ORDERED and ADJUDGED that:

1. The Court will GRANT Plaintiff’s motion for attorneys’ fees, ECF No. 24. 

2. Plaintiff is awarded $5,137.07 in attorney’s fees, contingent on a determination 

by Defendant that Plaintiff owes no qualifying preexisting debt(s) to the 

government.

3. The Court will DENY without prejudice any outstanding motions.

Case 1:20-cv-21289-MGC Document 26 Entered on FLSD Docket 11/08/2021 Page 1 of 2
2

DONE and ORDERED in chambers, at Miami, Florida, this 8

th day of November

2021.

Copies furnished to:

Jonathan Goodman, U.S. Magistrate Judge

Counsel of record

Case 1:20-cv-21289-MGC Document 26 Entered on FLSD Docket 11/08/2021 Page 2 of 2
### §1712. Coupon settlements

(a) Contingent Fees in Coupon Settlements.—If a proposed settlement in a class action provides for a recovery of coupons to a class member, the portion of any attorney's fee award to class counsel that is attributable to the award of the coupons shall be based on the value to class members of the coupons that are redeemed.

(b) Other Attorney's Fee Awards in Coupon Settlements.—

(1) In general.—If a proposed settlement in a class action provides for a recovery of coupons to class members, and a portion of the recovery of the coupons is not used to determine the attorney's fee to be paid to class counsel, any attorney's fee award shall be based upon the amount of time class counsel reasonably expended working on the action.

(2) Court approval.—Any attorney's fee under this subsection shall be subject to approval by the court and shall include an appropriate attorney's fee, if any, for obtaining equitable relief, including an injunction, if applicable. Nothing in this subsection shall be construed to prohibit application of a lodestar with a multiplier method of determining attorney's fees.

(c) Attorney's Fee Awards Calculated on a Mixed Basis in Coupon Settlements.—If a proposed settlement in a class action provides for an award of coupons to class members and also provides for equitable relief, including injunctive relief—

(1) that portion of the attorney's fee to be paid to class counsel that is based upon a portion of the recovery of the coupons shall be calculated in accordance with subsection (a); and

(2) that portion of the attorney's fee to be paid to class counsel that is not based upon a portion of the recovery of the coupons shall be calculated in accordance with subsection (b).

(d) Settlement Valuation Expertise.—In a class action involving the awarding of coupons, the court may, in its discretion upon the motion of a party, receive expert testimony from a witness qualified to provide information on the actual value to the class members of the coupons that are redeemed.

(e) Judicial Scrutiny of Coupon Settlements.—In a proposed settlement under which class members would be awarded coupons, the court may approve the proposed settlement only after a hearing to determine whether, and making a written finding that, the settlement is fair, reasonable, and adequate for class members. The court, in its discretion, may also require that a proposed settlement agreement provide for the distribution of a portion of the value of unclaimed coupons to 1 or more charitable or governmental organizations, as agreed to by the parties. The distribution and redemption of any proceeds under this subsection shall not be used to calculate attorneys' fees under this section.

(Added Pub. L. 109–2, §3(a), Feb. 18, 2005, 119 Stat. 6.)

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

#### Effective Date

Section applicable to any civil action commenced on or after Feb. 18, 2005, see section 9 of Pub. L. 109–2, set out as an Effective Date of 2005 Amendment note under section 1332 of this title.
#### § 3809.503 When must I provide a financial guarantee for my notice-level operations?

To see how this subpart applies to your notice, follow this table:

| If— | Then— |
| --- | --- |
| (a) Your notice was on file with BLM on January 20, 2001 | You do not need to provide a financial guarantee unless you modify the notice or extend the notice under § 3809.333. |
| (b) Your notice was on file with BLM before January 20, 2001 and you choose to modify your notice as required by this subpart on or after that date | You must provide a financial guarantee before you can begin operations under the modified notice. If you modify your notice, you must post a finacial guarantee for the entire notice. |
| (c) You file a new notice on or after January 20, 2001 | You must provide a financial guarantee before you can begin operations under the notice. |
HomeAbout NRCRadiation ProtectionHow the NRC Protects YouHealth Physics Positions Based on 10 CFR Part 20

# Technical Assistance Request, Statements of Intent by Government "Controlled" Entities

## HPPOS-315 PDR-9306250281

See the memorandum from J. E. Glenn to R. R. Bellamy dated February 27, 1991.

This NMSS memo responds to a technical assistance request (TAR) from Region I for guidance on how to determine whether a university or hospital may use a statement of intent to fulfill its financial assurance requirement as specified in 10 CFR 30.35, 10 CFR 40.36, and 10 CFR 70.25. HPPOS-269 contains a related topic.

The TAR was referred to the Division of Low-Level Waste Management and Decommissioning who provided the following guidance.
        -  If an institution is identified as a "public institution" in either the "Directory of Post Secondary Institutions" or the "American Hospital Association Guide to the Health Care Field," then that institution is assumed to be controlled by a government agency. 
        -  The government agency may provide all or part of the financial assurance. 
        -  If the government agency uses a statement of intent to provide all or part of the financial assurance, the statement must be signed by a person authorized to make the guarantee. 
        -  If the government agency provides only part of the required assurance, the remainder of the required assurance must be covered by an acceptable mechanism. 

**Regulatory references:** 10 CFR 30.35, 10 CFR 40.36, 10 CFR 70.25

**Subject codes:** 5.8, 12.13

**Applicability:** Byproduct, Source, and Special Nuclear Materials

Page Last Reviewed/Updated Monday, July 13, 2020
LAW OFFICES OF ANTHONY F. SANCHEZ, P.A. 

6701 SUNSET DRIVE, SUITE 101, MIAMI, FL, 33143 • TELEPHONE (305) 665-9211

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

Miami Division 

Case No.: 1:20-cv-22603-GOODMAN 

[CONSENT] 

Erik Chavez, et al., 

Plaintiff, 

vs. 

Grill Enterprises, LLC, et al., 

Defendants. 

PLAINTIFFS’ NOTICE OF FILING 

Plaintiffs, by and through undersigned counsel and in accordance with the Court’s “Order 

Specially Setting Civil Jury Trial . . .” [ECF No. 130], hereby provide notice of filing the following 

attached documents1: 

1. Joint Proposed Jury Instructions, attached as Exhibit 1; 

2. Joint Proposed Verdict Form, attached as Exhibit 2. 

CERTIFICATE OF SERVICE 

I hereby certify that on May 1, 2023 a true and correct copy of the foregoing was 

electronically filed with the Clerk of the Court via CM/ECF and served on the parties listed in the 

Service List below in the manner indicated therein. 

Anthony F. Sanchez, P.A. Attorneys for Plaintiffs 

6701 Sunset Drive, Suite 101

Miami, Florida 33143 

Tel.: 305-665-9211 

By: /s/ Anthony F. Sanchez 

 Anthony F. Sanchez 

 Florida Bar No.789925 

afs@laborlawfla.com

1

 / In compliance with the Court’s “Order Specially Setting Civil Jury Trial . . .”, paper copies 

of these documents are scheduled to be delivered today via courier service to the Court by 

4:00 p.m., along with a USB flash drive containing Microsoft Word versions of the same. 

Case 1:20-cv-22603-JG Document 156 Entered on FLSD Docket 05/01/2023 Page 1 of 2
2 

SERVICE LIST 

Anthony F. Sanchez, Esq. 

Florida Bar No.: 789925 

afs@laborlawfla.com 

faz@laborlawfla.com 

Counsel for Plaintiffs 

ANTHONY F. SANCHEZ, P.A. 

6701 Sunset Drive, Suite 101 

Miami, Florida 33143 

Tel: 305-665-9211 

Todd W. Shulby, Esq. 

Florida Bar No.: 068365 

tshulby@shulbylaw.com 

llangford@shulbylaw.com 

Counsel for Defendants 

TODD W. SHULBY, P.A. 

1792 Bell Tower Lane 

Weston, Florida 33326 

Tel: 954-530-2236 

Fax: 954-530-6628 

Via Notice of Electronic Filing 

Brian H. Pollock, Esq. 

Florida Bar No.: 174742 

brian@fairlawattorney.com 

Co-Counsel for Defendants 

FAIRLAW FIRM 

135 San Lorenzo Avenue, Suite 770 

Coral Gables, Florida 33146 

Tel: 305-230-4884 

Via Notice of Electronic Filing 

Case 1:20-cv-22603-JG Document 156 Entered on FLSD Docket 05/01/2023 Page 2 of 2
Editorial Note on Part 120
Editorial Note: Nomenclature changes to part 120 appear at 72 FR 50039, Aug. 30, 2007.

§ 120.110 What businesses are ineligible for SBA business loans? The following types of businesses are ineligible: ( a ) Non-profit businesses (for-profit subsidiaries are eligible);
( b ) Financial businesses primarily engaged in the business of lending, such as banks, finance companies, and factors (pawn shops, although engaged in lending, may qualify in some circumstances);
( c ) Passive businesses owned by developers and landlords that do not actively use or occupy the assets acquired or improved with the loan proceeds (except Eligible Passive Companies under § 120.111);
( d ) Life insurance companies;
( e ) Businesses located in a foreign country (businesses in the U.S. owned by aliens may qualify);
( f ) Pyramid sale distribution plans;
( g ) Businesses deriving more than one-third of gross annual revenue from legal gambling activities;
( h ) Businesses engaged in any activity that is illegal under Federal, State, or local law;
( i ) Private clubs and businesses which limit the number of memberships for reasons other than capacity;
( j ) Government-owned entities (except for businesses owned or controlled by a Native American tribe);
( k ) - ( l ) [Reserved]
( m ) Loan packagers earning more than one third of their gross annual revenue from packaging SBA loans;
( n ) Businesses with an Associate who is currently incarcerated, serving a sentence of imprisonment imposed upon adjudication of guilty, or is under indictment for a felony or any crime involving or relating to financial misconduct or a false statement;
( o ) Businesses in which the Lender or CDC, or any of its Associates owns an equity interest;
( p ) Businesses which: ( 1 ) Present live performances of a prurient sexual nature; or
( 2 ) Derive directly or indirectly more than *de minimis* gross revenue through the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature;
( q ) Unless waived by SBA for good cause, businesses that have previously defaulted on a Federal loan or Federally assisted financing, resulting in the Federal government or any of its agencies or Departments sustaining a loss in any of its programs, and businesses owned or controlled by an applicant or any of its Associates which previously owned, operated, or controlled a business which defaulted on a Federal loan (or guaranteed a loan which was defaulted) and caused the Federal government or any of its agencies or Departments to sustain a loss in any of its programs. For purposes of this section, a compromise agreement shall also be considered a loss;
( r ) Businesses primarily engaged in political or lobbying activities; and
( s ) Speculative businesses (such as oil wildcatting).
[61 FR 3235, Jan. 31, 1996, as amended at 82 FR 39502, Aug. 21, 2017; 87 FR 38908, June 30, 2022; 89 FR 34101, Apr. 30, 2024]
### [§1071. Repealed. Pub. L. 104–7, §2(a), Apr. 11, 1995, 109 Stat. 93]

Section, acts Aug. 16, 1954, ch. 736, 68A Stat. 311; Sept. 2, 1958, Pub. L. 85–866, title I, §48(a), 72 Stat. 1642; Oct. 4, 1976, Pub. L. 94–455, title XIX, §§1901(b)(31)(E), 1906(b)(13)(A), 90 Stat. 1800, 1834, provided for nonrecognition on FCC certified sales and exchanges.

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

#### Effective Date of Repeal

Pub. L. 104–7, §2(d), Apr. 11, 1995, 109 Stat. 93, provided that:

"(1) In general.—The amendments made by this section [repealing this section and amending sections 1245 and 1250 of this title] shall apply to—

"(A) sales and exchanges on or after January 17, 1995, and

"(B) sales and exchanges before such date if the FCC tax certificate with respect to such sale or exchange is issued on or after such date.

"(2) Binding contracts.—

"(A) In general.—The amendments made by this section shall not apply to any sale or exchange pursuant to a written contract which was binding on January 16, 1995, and at all times thereafter before the sale or exchange, if the FCC tax certificate with respect to such sale or exchange was applied for, or issued, on or before such date.

"(B) Sales contingent on issuance of certificate.—

"(i) In general.—A contract shall be treated as not binding for purposes of subparagraph (A) if the sale or exchange pursuant to such contract, or the material terms of such contract, were contingent, at any time on January 16, 1995, on the issuance of an FCC tax certificate. The preceding sentence shall not apply if the FCC tax certificate for such sale or exchange is issued on or before January 16, 1995.

"(ii) Material terms.—For purposes of clause (i), the material terms of a contract shall not be treated as contingent on the issuance of an FCC tax certificate solely because such terms provide that the sales price would, if such certificate were not issued, be increased by an amount not greater than 10 percent of the sales price otherwise provided in the contract.

"(3) FCC tax certificate.—For purposes of this subsection, the term 'FCC tax certificate' means any certificate of the Federal Communications Commission for the effectuation of section 1071 of the Internal Revenue Code of 1986 (as in effect on the day before the date of the enactment of this Act [Apr. 11, 1995])."