alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Miami Division

CASE NO. 1:20-cv-22234-MARTINEZ-BECERRA

LINCO ENTERPRISES, INC.

Plaintiff,

v.

OLEG FIRER, EZ CAPITAL FUND, LLC, 

STAR CAPITAL MANAGEMENT, LLC, and

STAR EQUITIES, LLC,

Defendants.

____________________________________/

NOTICE OF HEARING

Defendants have set for hearing the following matter for a discovery hearing before the 

Honorable Magistrate Judge Jacqueline Becerra:

DATE: May 18, 2021

TIME: 9:00 A.M.

DIAL-IN: +1-866-390-1828; Access Code: 2046890

MATTER TO BE HEARD: Defendants contest Plaintiff’s responses to Requests No. 4-

9, 10-12 and Plaintiff’s objections, and lack of privilege log, with respect to Requests No. 13-15, 

25-26, 28-29, 33-35 of Defendants’ Third Request for Production of Documents to Plaintiff.

LOCAL RULE 7.1(A)(3) CERTIFICATE

Counsel for Defendants has conferred with counsel for Plaintiff Sergiu Gherman, by 

telephone on May 7, 2021, in a good faith effort to resolve the issues raised by this Notice of 

Hearing and has been unable to do so.

Dated: May 14, 2021 Respectfully submitted,

Case 1:20-cv-22234-JEM Document 72 Entered on FLSD Docket 05/14/2021 Page 1 of 2
2

By: s/Steven D. Weber

Steven D. Weber

Fla. Bar. No.: 47543

STARK WEBER PLLC

1221 Brickell Avenue

Suite 900

Miami, FL 33131

Tel: (305) 377-8788

steve@starkweber.com

Attorneys for Defendants

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that, on this 14th day of May, 2021, a copy of the foregoing has 

been served via the Court’s CM/ECF portal to:

Sergiu Gherman 

Fla. Bar No. 37031

sgherman@ghermanlaw.com

Gherman Legal Pllc

25 SE 2nd Ave. Ste. 808

Miami FL 33131-1603

BENNETT & AIELLO

Temporary Address for Mail

3471 Main Highway, Suite 206

Coconut Grove, Florida 33133-5929

Phone: (305) 358-9011

paiello@bennettaiello.com

Attorney for Plaintiff

Linco Enterprises Inc.

By: s/Steven D. Weber

Case 1:20-cv-22234-JEM Document 72 Entered on FLSD Docket 05/14/2021 Page 2 of 2
#### Mabel Thomas, Respondent, v. Brevoort Savings Bank of Brooklyn, Respondent. (Action No. 1.) Rose Smith, Individually and as Administratrix of the Estate of Kenneth Smith, Deceased, Appellant, v. Brevoort Savings Bank of Brooklyn et al., Respondents. (Action No. 2.) (Consolidated actions.)

The evidence was sufficient not only to sustain the finding that the deposit in trust for respondent Mabel Thomas, etc., was not an illusory transfer, but also to establish that the trust had become irrevocable before the death of appellant’s intestate, as a consequence of the delivery of the savings bank passbook to said respondent, with intent to complete the gift. *(Matter of Totten,*179 N. Y. 112; *Stockert*v. *Dry Dock Sav. Inst.,*155 App. Div. 123; *Davlin*v. *Title Guar. & Trust Co.,*229 App. Div. 269; *Tibbitts*v. *Zink,*231 App. Div. 339.) Present — Nolan, P. J., Carswell, Sneed, Wenzel and MaeCrate, JJ.
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.                  

###### Department of Transportation

###### Federal Aviation Administration

# AGENCY:

Federal Aviation Administration (FAA), DOT.

# ACTION:

Notice of availability.

# SUMMARY:

This notice announces the availability of AC 187-1A.

# SUPPLEMENTARY INFORMATION:

## Background

AC 187-1A transmits an updated schedule of charges for services of FAA Flight Standards aviation safety inspectors outside the United States. The AC has been updated in accordance with the procedures listed in 14 CFR Part 187, Appendix A.

      ( print page 61067)    

# FOR FURTHER INFORMATION CONTACT:

                        Emily A. White, Federal Aviation Administration, Flight Standards Service, AFS-50, 800 Independence Avenue, SW., Washington, DC 20591, by e-mail at                         *emily.white@faa.gov*, or telephone at (202) 385-8073. Printed copies can be obtained from U.S. Department of Transportation, Subsequent Distribution Office, Ardmore East Business Center, 3341 Q 75th Avenue, Landover, MD 20785. The AC will also be available on the FAA's Regulatory and Guidance Library Web site at                         *http://www.airweb.faa.gov/​rgl.*

Issued in Washington, DC, on October 4, 2004.

John M. Allen,

Deputy Director, Flight Standards Services.

[FR Doc. 04-23076  Filed 10-13-04; 8:45 am]

BILLING CODE 4910-13-M
<PAGE>

                                   EXHIBIT 99

                          CODDLE CREEK FINANCIAL CORP.

  Certification of Periodic Financial Report Pursuant to 18 U.S.C. Section 1350

Pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officers of Coddle Creek Financial
Corp. (the "Company") certify that the Annual Report on Form 10-KSB of the
Company for the fiscal year ended December 31, 2002 fully complies with the
requirements of Section 13(a) or 15(d), as applicable, of the Securities
Exchange Act of 1934 and information contained in that Form 10-KSB fairly
presents, in all material respects, the financial condition and results of
operations of the Company.

Dated: March 25, 2003                    /s/ George W. Brawley
                                         ---------------------------------------
                                         George W. Brawley
                                         President and Chief Executive Officer


Dated: March 25, 2003                    /s/ Billy R. Williams
                                         ---------------------------------------
                                         Billy R. Williams
                                         Controller and Chief Financial Officer





*This certification is made solely for purpose of 18 U.S.C. Section 1350,
subject to the knowledge standard contained therein, and not for any other
purpose.
<TABLE> <S> <C>


<ARTICLE>                     5

<S>                             <C>
<PERIOD-TYPE>                   3-mos
<FISCAL-YEAR-END>               DEC-31-2000
<PERIOD-START>                  DEC-27-1999
<PERIOD-END>                    MAR-26-2000
<CASH>                          725,095
<SECURITIES>                    0
<RECEIVABLES>                   826,890
<ALLOWANCES>                    0
<INVENTORY>                     433,176
<CURRENT-ASSETS>                2,106,297
<PP&E>                          15,048,492
<DEPRECIATION>                  5,972,449
<TOTAL-ASSETS>                  12,425,491
<CURRENT-LIABILITIES>           5,518,096
<BONDS>                         2,000,228
<PREFERRED-MANDATORY>           0
<PREFERRED>                     2
<COMMON>                        160
<OTHER-SE>                      3,734,808
<TOTAL-LIABILITY-AND-EQUITY>    12,425,491
<SALES>                         10,675,990
<TOTAL-REVENUES>                10,825,730
<CGS>                           3,009,685
<TOTAL-COSTS>                   3,009,685
<OTHER-EXPENSES>                7,412,601
<LOSS-PROVISION>                0
<INTEREST-EXPENSE>              83,907
<INCOME-PRETAX>                 319,537
<INCOME-TAX>                    4,000
<INCOME-CONTINUING>             273,432
<DISCONTINUED>                  0
<EXTRAORDINARY>                 0
<CHANGES>                       0
<NET-INCOME>                    273,432
<EPS-BASIC>                   .07
<EPS-DILUTED>                   .07



</TABLE>
(May 24, 1948.)

#### 116 East 57th Street, Inc., Appellant, *v.*H. Leo Gould et al., Respondents.

*Per Curiam,*

The drastic mandatory relief sought by plaintiff may only be granted in a clear case, reasonably free from doubt. The burden of establishing the material allegations entitling him to such relief rested upon plaintiff.

We think that the evidence as to certain material facts is insufficient. Plaintiff failed to present clear-cut and definite proof that the so-called twelve-inch party wall was of that width at its highest point. If the party wall is only eight inches thick at the roof level, and the defendants’ eight-inch brick bulkhead is merely an extension of the party wall, there is no interference with the plaintiff’s rights in the party wall. A court of equity upon the proof adduced by plaintiff would not be warranted in ordering the removal of defendants’ bulkhead.

Even assuming that the party wall is twelve inches thick at the roof, there is no proof in the record to support the plaintiff’s claim that the defendants’ eight-inch brick bulkhead rests upon the most westerly eight inches of the party wall and that the remaining four inches of the party wall on the easterly side thereof are unbuilt upon. This important feature of the case should not be left entirely to speculation.

The use of the party wall by defendants in connection with their elevator is not improper. In *Varriale*v. *Brooklyn Edison Co.*(252 N. Y. 222, 224) it was said: “ A party wall is for the common benefit of contiguous proprietors. Heither may subject it to a use whereby it ceases to be continuously available for enjoyment by the other *(Brooks*v. *Curtis,*50 N. Y. 639; *Negus*v. *Becker,*143 N. Y. 303; *Everett*v. *Edwards,*149 Mass. 588). Each may subject it to whatever uses are proper to a wall, if the like freedom of the other is not curtailed thereby.”

Hothing has been shown by plaintiff that defendants’ use of the wall in connection with the elevator is a use by defendants “whereby it ceases to be continuously available for enjoyment by the other”.

• We think, too, that on the proof adduced by defendants, the defenses of laches, consent and estoppel were properly sustained by the trial court.

*1001The judgment should be affirmed, with costs, with additional findings to be made as indicated herein.

The order should be affirmed.

Peck, P. J., Giennon, Cohn, Callahan and Shientag, JJ., concur.

Judgment unanimously affirmed, with costs, with additional findings to be made as indicated in opinion. Order unanimously affirmed. Settle order on notice. [See 274 App. Div. 782.]
(No. 754

Claimant awarded §2,682.94 with interest.)

#### First Trust & Savings Bank, Executor of the Estate of Robert E. Ismond, Deceased, Claimant, *vs.*State of Illinois, Respondent.

*Opinion filed January 28, 1925.*

Inheritance *tax*— when *refund made under Sec. 25.*Where an inheritance tax has been assessed under Section 25, Inheritance Tax Law, and the tax paid, and afterwards the estate in a proper proceeding, is re-appraised and' re-assessed and the amount of the tax reduced, claimant is entitled to a refund of the difference between the amount of the tax paid on the original assessment and the amount fixed on the re-assessment of the tax with interest thereon at 3%.

Judah, Willard, Wolf *&*Reichmann, for claimant.

Edward J. Brundage, Attorney General ; George C. Dixon, Assistant Attorney General, for respondent.

Mr. Justice Phillips

delivered the opinion of the court:

First Trust and Savings Bank (a corporation), as executor of and under the last will and testament of Robert E. Ismond, deceased, complainant, brings this suit to recover certain inheritance taxes, claimed to he due it on a re-assessment and re-appraisement in the said estate.

The executor duly qualified as such in said estate and is still acting and is the trustee of and under the will for Julia Hill, Oscar E. Ismond, Henry A. Ismond, Hazel Ismond White and Hazel Kathryn White, for whose benefit this refund is asked. The documentary evidence filed herein is very complete and ample proof of every material allegation in complainant’s petition, and we so find. Under the first order entered by county judge, claimant paid inheritance taxes under protest in the sum of $6,684.55, less the statutory 5%, equals $6,350.33.

Later, from the happening of events as alleged in declara- 1 tion, it became proper under the law to re-appraise and reassess the inheritance taxes in the estate, and the proper order was procured by claimant from the county court of Cook *54County, Illinois, reducing the amount of inheritance taxes that actually should have been paid to $3867.39 and showing by finding an order of the county court that claimant was entitled to a refund of $2682.94.

The Attorney General confesses in his plea the facts alleged in bill and consents to an award in favor of claimant, and against the State of Illinois in the said sum of $2682.94, with interest thereon at the rate of 3% per annum from November 6,1911, the date of the payment of the taxes to the present time, as provided under Section 25 of “Act to tax gifts, legacies, inheritances, transfers, etc.”

We accordingly award claimants, as such trustee under the will, the said sum of $2,682.94, with 3% interest thereon from November 6,1911, to the date of this award.
Exhibit
      32.1








CERTIFICATION
      OF CHIEF EXECUTIVE OFFICER


PURSUANT
      TO


18
      U.S.C.
      SECTION 1350,


AS
      ADOPTED PURSUANT TO


SECTION
      906 OF TEHE SARBANES-OXLEY ACT OF 2002








I,
      Philip
      Gay, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
      906 of the Sarbanes-Oxley Act of 2002, that the Quarterly Report of Grill
      Concepts, Inc. on Form 10-Q for the quarterly period ended September 24, 2006
      fully complies with the requirements of Section 13(a) or 15(d) of the Securities
      Exchange Act of 1934 and that information contained in such Form 10-Q fairly
      presents in all material respects the financial condition and results of
      operations of Grill Concepts, Inc.




By:
            /s/ Philip GayName:
            Philip
              GayTitle:
            CEO and Principal Executive
              OfficerNovember
                7, 2006
Case 0:00-cr-06218-NCR Document 40 Entered on FLSD Docket 07/17/2002 Page 1 of 1
```

[Federal Register Volume 76, Number 174 (Thursday, September 8, 2011)]
[Notices]
[Pages 55642-55643]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-22898]

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

DEPARTMENT OF AGRICULTURE

Agricultural Research Service

Notice of Intent To Grant Exclusive License

AGENCY: Agricultural Research Service, USDA.

ACTION: Notice of intent.

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

SUMMARY: Notice is hereby given that the U.S. Department of 
Agriculture,

[[Page 55643]]

Agricultural Research Service, intends to grant to Western Seed 
Multiplication, Inc. of Wadmalaw Island, South Carolina, an exclusive 
license to the cowpea variety described in Plant Variety Protection 
Certificate Number 200500007, ``Whippersnapper,'' issued on September 
20, 2007.

DATES: Comments must be received on or before October 11, 2011.

ADDRESSES: Send comments to: USDA, ARS, Office of Technology Transfer, 
5601 Sunnyside Avenue, Rm. 4-1174, Beltsville, Maryland 20705-5131.

FOR FURTHER INFORMATION CONTACT: June Blalock of the Office of 
Technology Transfer at the Beltsville address given above; telephone: 
301-504-5989.

SUPPLEMENTARY INFORMATION: The Federal Government's rights in this 
plant variety are assigned to the United States of America, as 
represented by the Secretary of Agriculture. It is in the public 
interest to so license this variety as Western Seed Multiplication, 
Inc. of Wadmalaw Island, South Carolina has submitted a complete and 
sufficient application for a license. The prospective exclusive license 
will be royalty-bearing and will comply with the terms and conditions 
of 35 U.S.C. 209 and 37 CFR 404.7. The prospective exclusive license 
may be granted unless, within thirty (30) days from the date of this 
published Notice, the Agricultural Research Service receives written 
evidence and argument which establishes that the grant of the license 
would not be consistent with the requirements of 35 U.S.C. 209 and 37 
CFR 404.7.

Richard J. Brenner,
Assistant Administrator.
[FR Doc. 2011-22898 Filed 9-7-11; 8:45 am]
BILLING CODE 3410-03-P
```
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-61410-CIV-ALTONAGA/Strauss

 

UNITED STATES, ex rel.

VICTORIA HABLITZEL,

Plaintiff,

v.

ALL IN JETS, LLC; et al.,

Defendants.

_______________________________/

ORDER

THIS CAUSE came before the Court upon Plaintiff, the United States’ Notice of Election 

to Intervene and Request to Lift Seal [ECF No. 18]. Plaintiff has notified the Court of its election 

to intervene in this action for settlement purposes. (See id. 1). Being fully advised, it is

ORDERED that Plaintiff, the United States’ Notice of Election to Intervene and Request 

to Lift Seal [ECF No. 18] is GRANTED. The Clerk shall UNSEAL the Qui Tam Complaint

[ECF No. 2], the Notice [ECF No. 18], and this Order [ECF No. 19]. All other pre-existing filings 

in this case shall remain under seal, and the case remains closed. All future filings in this case 

after the date of this Order shall be unsealed. The parties must file a stipulation for dismissal 

within sixty (60) days of the date of this Order. 

DONE AND ORDERED in Miami, Florida, this 26th day of August, 2021.

________________________________________

CECILIA M. ALTONAGA

CHIEF UNITED STATES DISTRICT JUDGE

cc: counsel of record

Case 0:20-cv-61410-CMA Document 19 Entered on FLSD Docket 08/27/2021 Page 1 of 1
#### Joseph Juliano, Respondent, v. State of New York, Appellant.

(Claim No. 27988.)

—The State has appealed from a judgment of the Court of Claims in favor of claimant awarding him $317.60 for damages to his automobile. Sometime in the early morning of March 24, 1944, claimant’s car was being driven by his son in a southerly direction on the State highway, just back of the United States Military Academy Reservation at West Point, and came into contact with earth and rocks which had fallen from the embankment on the westerly side of the highway. This highway was constructed through a rock and earth cut and on the westerly edge of the right of way there is an embankment of forty feet above the level of the pavement. The earth and rock from this embankment slid down on the highway as a result of which claimant’s car was damaged. The court found that the State was negligent in failing to make proper inspection of conditions and to properly guard the embankment. The evidence sustains the finding. Judgment unanimously affirmed, with costs to respondent. Present — Hill, P. J., Heifernan, Foster, Russell and Deyo, JJ. [190 Mise. 180.]
### §1691. Seal and teste of process

All writs and process issuing from a court of the United States shall be under the seal of the court and signed by the clerk thereof.

(June 25, 1948, ch. 646, 62 Stat. 945.)

#### Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §721 (R.S. §911; Mar. 3, 1911, ch. 231, §291, 36 Stat. 1167).

Provisions as to teste of process issuing from the district courts were omitted as superseded by Rule 4 (b) of the Federal Rules of Civil Procedure. Provision for teste of the Chief Justice of writs and process was omitted as unnecessary.

A provision requiring the United States to bear the expense of providing seals was omitted as unnecessary and obsolete.

Changes were made in phraseology.

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

#### Immunity From Seizure Under Judicial Process of Cultural Objects Imported for Temporary Exhibition or Display

Presidential determination of cultural significance of objects and exhibition or display thereof in the national interest, see section 2459 of Title 22, Foreign Relations and Intercourse.
#### In the Matter of Thomas M. O’Neill, Respondent, against Maurice Finkelstein et al., Constituting the Temporary City Housing Rent Commission of the City of New York, Appellants.

On the record presented, we find no basis for a finding that the action of the commission was arbitrary or capricious, and the court may not substitute its judgment for that of the commission. Nolan, P. J., Carswell, Johnston, Adel and Sneed, JJ., concur.
### In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

______________________________

No. 06

- 1 2

- 00 032

- CR

______________________________

EX PARTE: JACK H. MEYER

On Appeal from the 276th Judicial District Court

Marion County, Texas

Trial Court No. F14162

Before Morriss, C.J., Carter and Moseley, JJ.

Memorandum Opinion by Justice Moseley2 MEMORANDUM OPINION

Jack H. Meyer, appellant, has filed a motion to dismiss his appeal, which has been provided

to us through a supplemental record by the D istrict C lerk of Marion County. The motion is signed

by Meyer and by his counsel in compliance with Rule 42.2(a) of the Texas Rules of Appellate

Procedure. See T EX

. R. A PP

. P. 42.2(a). As authorized by Rule 42.2 , we grant the motion. See

T EX

. R. A PP

. P. 42.2.

Accordingly, we dismiss the appeal.

Bailey C. Moseley

Justice

Date Submitted: May 2, 2012

Date Decided: May 3, 2012

Do Not Publish
#### Jose C. de Figuerola v. McGraw-Hill Publishing Co., Inc.

Motion for leave to appeal to the Court of Appeals denied, with $10 costs. Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ. [See *ante,*p. 875.]