alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Marvin ROBERTS, Plaintiff-Appellant, v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Dallas District Office, Defendant-Appellee.

No. 04-11315.

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

Decided Feb. 23, 2006.

Marvin Roberts, Oglesby, TX, pro se.

*223Susan L.S. Ernst, U.S. Attorney’s Office Northern District of Texas, Dallas, TX, for Defendant-Appellee.

Before GARZA, DENNIS, and PRADO, Circuit Judges.

PER CURIAM: *

Marvin Roberts appeals from the dismissal without prejudice of his civil action for failure to effectuate service within 120 days of filing his complaint. Roberts moves to supplement the record; his motion to supplement is DENIED. Roberts also moves for leave to appear for oral argument; that motion too is DENIED.

The record does not indicate that Roberts complied with the requirements of FedR.CivP. 4 for the service of summons and proof of service, despite having been put on notice that his attempts to comply were deficient and having been given two opportunities to comply. The dismissal of Roberts’s complaint without prejudice was not an abuse of discretion. *See Lindsey v. United States R.R. Retirement Bd.,*101 F.3d 444, 445 (5th Cir.1996).

AFFIRMED.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
SCI Facebook link to KKM Hardness Testing Procedure:

https://shootersconnectionstoreassets.s3.amazonaws.com/KKM+HRC+Testing+Example.pdf?fbclid=IwAR

35pLBwLj9kCase 0:20-cv-61469-RS Document 207-100 Entered on FLSD Docket 12/05/2023 Page 1 of 1
EXHIBIT 105 

Case 1:20-cv-22945-RNS Document 285-106 Entered on FLSD Docket 04/25/2022 Page 1 of

3
Case 1:20-cv-22945-RNS Document 285-106 Entered on FLSD Docket 04/25/2022 Page 2 of

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Case 1:20-cv-22945-RNS Document 285-106 Entered on FLSD Docket 04/25/2022 Page 3 of

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1634 WILLIAM C. THOMPSON, Plaintiff - Appellant, versus VIRGINIA DEPARTMENT OF GAME AND INLAND FISHERIES, Defendant - Appellee, and ROGER CHAFFE; DON HINCHEY; DAN HALL; MR. WOODFIN, Defendants. Appeal from the United States District Court for the Western District of Virginia, at Abingdon. James P. Jones, Chief District Judge. (1:05-cv-00109-jpj) Submitted: August 24, 2006 Decided: August 29, 2006 Before KING, SHEDD, and DUNCAN, Circuit Judges. Affirmed by unpublished per curiam opinion.- 2 - William C. Thompson, Appellant Pro Se. John Kenneth Byrum, Jr., OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA, Richmond, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 3 - PER CURIAM: William C. Thompson appeals the district court’s judgment granting summary judgment to the Virginia Department of Game and Inland Fisheries. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. See Thompson v. Virginia Dep’t of Game and Inland Fisheries , No. 1:05-cv-00109-jpj (W.D. Va. May 14, 2006). We also deny as moot Thompson’s motion to expedite the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

AFFIRMED
### Part D—National Programs

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

#### Definition of "Secretary"

In this part, "Secretary" means the Secretary of Labor, see section 3151(b)(1)(C)(ii)(II) of this title.
Editorial Note on Part 126
Editorial Note: Nomenclature changes to part 126 appear at 72 FR 50041, Aug. 30, 2007.

§ 126.611 What is the process for an appeal of a contracting officer's decision not to issue a procurement as a HUBZone contract? ( a ) *Notice of appeal.* When the contracting officer rejects a recommendation by SBA's Procurement Center Representative to make a requirement available for award as a HUBZone contract, he or she must notify the Procurement Center Representative as soon as practicable. If the Administrator intends to appeal the decision, SBA must notify the contracting officer no later than five business days after receiving notice of the contracting officer's decision.
( b ) *Suspension of action.* Upon receipt of notice of SBA's intent to appeal, the contracting officer must suspend further action regarding the procurement until the head of the contracting activity issues a written decision on the appeal, unless the head of the contracting activity makes a written determination that urgent and compelling circumstances which significantly affect the interests of the United States compel award of the contract.
( c ) *Deadline for appeal.* Within 15 business days of SBA's notification to the CO, SBA must file its formal appeal with the Secretary of the department or head of the agency, or the appeal will be deemed withdrawn.
( d ) *Decision.* The contracting activity must specify in writing the reasons for a denial of an appeal brought under this section.
[63 FR 31908, June 11, 1998, as amended at 69 FR 29425, May 24, 2004; 84 FR 65248, Nov. 26, 2019]
###### Editorial Note on Part 120

#### Editorial Note:

Nomenclature changes to part 120 appear at 72 FR 50039, Aug. 30, 2007.

#### § 120.394 What are the eligible uses of proceeds?

A Borrower must use the loan proceeds solely to acquire, construct or substantially rehabilitate an individual residential or commercial building for sale. “Substantial” means rehabilitation expenses of more than one-third of the purchase price or fair market value at the time of the application. A Borrower may use up to 33 percent of the proceeds to acquire land, and up to 5 percent for community improvements such as curbs and sidewalks.

[61 FR 3235, Jan. 31, 1996, as amended at 82 FR 39503, Aug. 21, 2017]
#### § 50.40 When will the Secretary issue a decision?

The Secretary will apply the criteria described in § 50.16 and endeavor to either grant or deny a request within 120 days of determining that the requester's submission is complete and after receiving all the information described in §§ 50.30 and 50.31. The Secretary may request additional documentation and explanation from the requester or the public with respect to the material submitted, including whether the request is consistent with this part. If the Secretary is unable to act within 120 days, the Secretary will provide notice to the requester, and include an explanation of the need for more time and an estimate of when the decision will issue.
Exhibit
10.2


 


NOTE
AMENDMENT AGREEMENT


 


THIS
NOTE AMENDMENT AGREEMENT, entered into as of May 6, 2020, (this “Note Amendment”), is among Jay Pharma Inc., a federally
chartered Canadian corporation (“Borrower) and Alpha Capital Anstalt (the “Noteholder”) to amend that certain
Secured Promissory Note dated January 10, 2020 in the principal amount of $1,500,000 (the “Note”).


 


IN
CONSIDERATION of the mutual covenants herein contained, and for other good and valuable consideration the receipt and sufficiency
of which is hereby acknowledged, Borrower and Noteholder agree as follows:


 


1.
The definition of “Maturity Date” set forth in Article I of the Note is hereby deleted and replaced with the following:


 


“Maturity
Date” means the earliest of (a) September 30, 2020, and (b) the date on which all amounts under this Note shall become
due and payable under ARTICLE XI.


 


2.
Section 10.07 is deleted and replaced with the following:


 


“Section
10.07 Abandonment or Delay of Amalgamation. The Amalgamation shall be abandoned by any party thereto or the Amalgamation Closing
shall not have occurred by September 30, 2020.”


 


3.
Except as specifically modified herein the Note remains in full force and effect and is incorporated herein. This Note Amendment
is deemed a part of the Note and governed by all the terms therein.


 


4.
This Note Amendment, any amendments, waivers, consents or supplements hereto may be executed in counterparts (and by different
parties hereto in different counterparts), each of which shall constitute an original, but all taken together shall constitute
a single contract. Delivery of an executed counterpart of a signature page to this Note Amendment by facsimile or in electronic
(such as “pdf” or “tif”) format shall be effective as delivery of a manually executed counterpart of this
Note Amendment.


 


In
witness of whereof the parties have caused this Note Amendment to be duly executed as of the date written above.


 


	BORROWER	 	NOTEHOLDER
	 	 	 
	Jay
    Pharma Inc.	 	Alpha
    Capital Anstalt
	 	 	 
	 /s/
    Henoch Cohn	 	/s/
    Nicola Feuerstein
	By:
    Henoch Cohn 	 	By:
    Nicola Feuerstein 
	Its:
    Chief Executive Officer	 	Its:
        Secretary
### §149. Transfer of books to other libraries

The Librarian of Congress may from time to time transfer to other governmental libraries within the District of Columbia, including the Public Library, books and material in the possession of the Library of Congress in his judgment no longer necessary to its uses, but in the judgment of the custodians of such other collections likely to be useful to them, and may dispose of or destroy such material as has become useless: Provided, That no records of the Federal Government shall be transferred, disposed of, or destroyed under the authority granted in this section.

(Mar. 4, 1909, ch. 297, §1, 35 Stat. 858; Oct. 25, 1951, ch. 562, §4(1), 65 Stat. 640.)

#### **Editorial Notes**

#### Amendments

1951—Act Oct. 25, 1951, inserted proviso.
#### Edward Greenberg, Appellant, v. Mandray Realty Corp. et al., Respondents.

Judgment and order unanimously affirmed, with costs. No opinion. Present — Dore, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ.
Exhibit 32.1





CERTIFICATION BY EXECUTIVE CHAIRMAN


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 EntreMed, Inc. (the “Company”) on Form 10-Q for the period ending March 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Michael M. Tarnow, as Executive Chairman of the Company, hereby certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, 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 for the dates and periods covered by the Report.





The foregoing certification is being furnished solely pursuant to 18 U.S.C. Section 1350 and is not being filed as part of the Report or as a separate disclosure document.





/s/ Michael M. TarnowMay 16, 2011

Michael M. TarnowExecutive Chairman
#### § 296.35 Reopening a claim.

The Director of the Claims Office may reopen a claim if requested to do so by the claimant, notwithstanding the submission of the Release and Certification Form, for the limited purpose of considering issues raised by the request to reopen if, not later than November 14, 2025, the claimant desires heightened risk reduction compensation in accordance with § 296.21(e)(5) or the claimant closed the sale of real property and wishes to present a claim for decrease in the value of the real property under § 296.21(c)(3). Claimants may request to reopen claims where the claimant has incurred additional losses under § 296.21(c)(1) as part of a reconstruction in excess of those previously awarded or the Director of the Claims Office otherwise determines that claimant has demonstrated good cause no later than the deadline established by the Director of the Claims Office as published in the Federal Register and at *https://www.fema.gov/hermits-peak.*
Draft Role of Panelists 

• Panelists are expected to attend all panel and breakout sessions. 

• Panelists will be expected to provide their perspective as a licensee, a member of the 

public, a member of a specific organization, etc. 

• Panelists will be fully engaged. 

o Panelists are expected to work with NRC staff to develop a common definition of 

safety culture and a common set of description/traits and concepts of safety 

culture that apply to all NRC licensees and certificate holders. 

o For breakout session: 

 Panelists are encouraged to contribute to and participate in the 

discussions in the breakout sessions; and, 

 panelists are expected to consider positions and views of the breakout 

participants and are encouraged to articulate these views in the panel 

discussions.
Seven Mile Rd

Locked Gate Locked Gate

Locked Gate

Maricopa

Taft

McKittrick

California Valley

Wallace Creek

Goodwin Education Center

Painted Rock

Selby Campground

KCL

Campground

New Cuyama

Temblor Range

Soda Lake

Soda Lake Road

Kern County

San Lu si Ob si po County

Santa Barbara County

Carrizo

Plain

Overlook Hill

P pi eline Rd.

Padrone Cyn. Rd.

Elkhorn Grade Rd.

Elkhorn Rd.

Boardwalk

Hurrican e

Crocker Spr. Rd.

Caliente Mtn.

5,106 Ft.

Quail Springs

Rd.

San Andreas Fault

Simmler Rd.

Soda Lake - San Diego Cr Rd.

Traver Ranch

Soda Lake Rd

Elkhorn

Plain

Elkhorn Rd.

("Panorama Rd.")

Padro ne Cyn Rd

Access Trail

Caliente

Range

Caliente Mt. Ridge Trail

Carrizo Plain National Monument

Legend

Land Ownership

US Bureau of Land Management

US Forest Service

US Fish & Wildlife Service

State Lands

Private Lands

No Shooting Zone

Open Camping Area

Carrizo Plain National Monument

Wilderness Study Area

San Andreas Fault

County Maintained Roads

Paved Roads

Open Roads

Administrative Use Only

Closed to Vehicle Use

Foot Trail

Please respect private property rights and

the privacy of private land owners within

Carrizo Plain NM.

All Roads within Carrizo Plain NM are

unpaved, except the portions of

Soda Lake Road shown. During wet

weather many unpaved roads are impassible.

Secondary roads are not shown

outside the Carrizo Plain NM.

Revised: April 19, 2007

Bakersfield

San Luis Obispo Carrizo Plain

National Monument

Los Angeles

Santa Maria

Santa Barbara

5

5

Bureau of Land Management

Bakersfield Field Office

3801 Pegasus Dr., Bakersfield, CA 93308. 661-391-6000

www.ca.blm.gov/bakersfield

Goodwin Education Center

(Open December - May: Phone 805-475-2131)

Location Map

0 1 2 4

Miles

Information Board

R19E R21E R23E

T31S

T11N

R29W R27W R25W R24W

R20E R22E R24E

T30S

T32S

T12N

T10N

R28W
§ 19.445 Marital or parental status. ( a ) *Status generally.* A recipient shall not apply any rule concerning a student's actual or potential parental, family, or marital status that treats students differently on the basis of sex.
( b ) *Pregnancy and related conditions.* ( 1 ) A recipient shall not discriminate against any student, or exclude any student from its education program or activity, including any class or extracurricular activity, on the basis of such student's pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery therefrom, unless the student requests voluntarily to participate in a separate portion of the program or activity of the recipient.
( 2 ) A recipient may require such a student to obtain the certification of a physician that the student is physically and emotionally able to continue participation as long as such a certification is required of all students for other physical or emotional conditions requiring the attention of a physician.
( 3 ) A recipient that operates a portion of its education program or activity separately for pregnant students, admittance to which is completely voluntary on the part of the student as provided in paragraph (b)(1) of this section, shall ensure that the separate portion is comparable to that offered to non-pregnant students.
( 4 ) Subject to § 19.235(d), a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy and recovery therefrom in the same manner and under the same policies as any other temporary disability with respect to any medical or hospital benefit, service, plan, or policy that such recipient administers, operates, offers, or participates in with respect to students admitted to the recipient's educational program or activity.
( 5 ) In the case of a recipient that does not maintain a leave policy for its students, or in the case of a student who does not otherwise qualify for leave under such a policy, a recipient shall treat pregnancy, childbirth, false pregnancy, termination of pregnancy, and recovery therefrom as a justification for a leave of absence for as long a period of time as is deemed medically necessary by the student's physician, at the conclusion of which the student shall be reinstated to the status that she held when the leave began.
EX-10.1





 Exhibit 10.1 
  





 
 April 6, 2021 

Re: Interim CFO Compensation 
 Magnus
Momsen 
 c/o Varian Medical Systems, Inc. 
 3100 Hansen Way

 Palo Alto CA 94304 
 Dear Magnus: 

This letter memorializes our recent discussions concerning your assumption of the role of Interim Chief Financial Officer (“Interim
CFO”) at Varian Medical Systems, Inc. (the “Company”), on March 12, 2021. 
 The Company will make you a one-time payment (the “Interim CFO Payment”) equal to the sum of (x) $20,000 plus (y) the product of (i) $5,000 times (ii) the number of weeks (rounded up to the nearest whole week) from
April 12, 2021 through the earlier of the date of consummation of the transactions contemplated by the Agreement and Plan and Merger, by and among Siemens Healthineers Holding I GMBH, Falcon Sub Inc., the Company, and Siemens Medical Solutions
USA, Inc., dated as of August 2, 2020 or the date that you cease to serve as Interim CFO (such earlier date, the “Service Conclusion Date”). The Interim CFO Payment shall be paid with the first payroll cycle following the
Service Conclusion Date, subject to payroll deadlines. Notwithstanding the foregoing, in the event that prior to the Service Conclusion Date, you voluntarily terminate service as Interim CFO or your employment by the Company is terminated for cause,
you will forfeit any right to the Interim CFO Payment. 
 The Interim CFO Payment will be subject to applicable tax withholding. The Interim
CFO Payment is in addition to your regular compensation, and, for the avoidance of doubt, shall not be taken into account for purposes of determining any benefit under the Change in Control Agreement between you and the Company, dated as of
August 1, 2020. 
 This letter shall be governed by, and construed in accordance with, the laws of the State of Delaware without
reference to its conflict of law rules. 
 Please indicate your agreement to the terms set forth above by your signature below. 

 

			
	Sincerely,
	
	Varian Medical Systems, Inc.
		
	By:	 	 /s/ Michael Hutchinson

		 	Name: Michael Hutchinson
		 	Title: Chief Legal Officer















	
	Accepted and Acknowledged:
	
	 /s/ Magnus Momsen

	Magnus Momsen
	
	Dated: April 7, 2021


  
 2
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________ 

)

)

)

)

)

)

)

)

)

)

)

)

Plaintiff(s)

v. Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. 

You also must file your answer or motion with the court.

CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

 Southern District of Florida

JACQUELINE FONTANEZ

20-cv-61432-AHS

ASSET ACCEPTANCE, LLC, and

MIDLAND CREDIT MANAGEMENT, INC.

ASSET ACCEPTANCE, LLC

MIDLAND CREDIT MANAGEMENT, INC

8875 HIDDEN RIVER PARKWAY

SUTE 100

TAMPA, FL 33637

Jibrael S. Hindi, Esq.

E-mail: jibrael@jibraellaw.com

Phone: 954-907-1163

Law Offices of Jibrael S. Hindi, PLLC

110 S.E. 6th Street, Suite 1700

Fort Lauderdale, Florida 33301 07/15/2020 s/ Ketly Pierre

Case 0:20-cv-61432-AHS Document 3 Entered on FLSD Docket 07/15/2020 Page 1 of 2
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the

__________ District of __________ 

)

)

)

)

)

)

)

)

)

)

)

)

Plaintiff(s)

v. Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you

are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of

the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,

whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. 

You also must file your answer or motion with the court.

CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

 Southern District of Florida

JACQUELINE FONTANEZ

20-cv-61432-AHS

ASSET ACCEPTANCE, LLC, and

MIDLAND CREDIT MANAGEMENT, INC.

MIDLAND CREDIT MANAGEMENT, INC.

CORPORATION SERVICE COMPANY

1201 HAYS ST.

TALLAHASSEE, FL 32301

The Law Offices of Jibrael S. Hindi, PLLC. 110 SE 6th St., Suite 1744, Fort 

Lauderdale, FL 33301. Phone: (844)542-7235 Email: tom@jibraellaw.com Fax: (855)

529-9540

 

07/15/2020 s/ Ketly Pierre

Case 0:20-cv-61432-AHS Document 3 Entered on FLSD Docket 07/15/2020 Page 2 of 2