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

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-23178-CIV-DIMITROULEAS

MOUNTECH IP LLC,

Plaintiff,

vs.

TRACFONE WIRELESS, INC., et al.,

Defendant.

___________________________________/

ORDER APPROVING VOLUNTARY DISMISSAL

THIS CAUSE is before the Court upon Plaintiff’s Notice of Voluntary Dismissal Without 

Prejudice (the “Notice”) [DE 14], filed herein on November 17, 2020. The Court has carefully 

reviewed the Notice and is otherwise fully advised in the premises.

Accordingly, it is ORDERED AND ADJUDGED as follows:

1. The Notice [DE 14] is hereby APPROVED. 

2. This case is DISMISSED WITHOUT PREJUDICE. 

3. The Clerk is directed to DENY any pending motions as moot and CLOSE this case. 

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

this 17th day of November, 2020.

Copies to:

Counsel of Record

Case 1:20-cv-23178-WPD Document 15 Entered on FLSD Docket 11/17/2020 Page 1 of 1
#### UNITED STATES of America, Plaintiff-Appellee, v. Rogelio NUNEZ-MARTINEZ, Defendant-Appellant.

No. 01-50337.

D.C. No. CR-01-00051-BTM.

United States Court of Appeals, Ninth Circuit.

Submitted May 13, 2002 *.

Decided May 29, 2002.

Before FERNANDEZ, WARDLAW and W. FLETCHER, Circuit Judges.

*

 The panel unanimously finds this case suitable for decision without oral argument. *See*Fed. R.App. P. 34(a)(2).

MEMORANDUM **

Rogelio Nunez-Martinez appeals his seven-month sentence following a guilty plea conviction for importing marijuana into the United States, in violation of 21 U.S.C. §§ 952 and 960. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

Nunez-Martinez contends that in light of *Apprendi v. New Jersey,*530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), 21 U.S.C. §§ 952 and 960 are facially unconstitutional. This contention is foreclosed by our recent decision in *United States v. Mendoza-Paz,*286 F.3d 1104, 1109-10 (9th Cir.2002).

*697He further contends that *Apprendi*requires the government to prove *mens rea*as to the type and amount of drug in order to sustain a conviction for unlawful importation of marijuana. We have recently rejected this argument in *United States v. Carranza,*289 F.3d 634, 643 (9th Cir.2002), and do so here.

AFFIRMED.

**

 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No.: 1:20-cv-22785-UU

VICTOR ARIZA,

Plaintiff,

v.

YARDHOUSE USA, INC.,

Defendant.

_______________________________/

ORDER OF DISMISSAL WITH PREJUDICE

THIS CAUSE having come before the Court on the parties’ Joint Stipulation for Dismissal 

With Prejudice, D.E. 22 (the “Stipulation”), and the Court having considered the Stipulation and 

being otherwise fully advised in the premises, it is hereby

ORDERED AND ADJUDGED that the Stipulation is approved, and this case is hereby 

dismissed with prejudice, each of the parties to bear their own costs and attorneys’ fees. The case 

remains closed.

DONE AND ORDERED in Chambers in Miami, Florida this 26th___ day of October, 

2020.

__________________________________

URSULA UNGARO

UNITED STATES DISTRICT JUDGE

Copies furnished:

All counsel of record

Case 1:20-cv-22785-UU Document 23 Entered on FLSD Docket 10/26/2020 Page 1 of 1
New Page 1



Exhibit 4.13

CONSENT IN LIEU OF MEETING

OF

THE BOARD OF DIRECTORS

OF

LANDS' END, INC.

               
The undersigned, being the sole director of the board of directors of Lands'
End, Inc., a Delaware corporation (the "Company"), acting pursuant to
Section 141(f) of the General Corporation Law of the State of Delaware, hereby
adopts, by this written consent, the following resolutions and direct that this
written consent be filed with the minutes of the proceedings of the Board of
Directors of the Company:


  
    FIRST AMENDMENT TO THE

    LANDS' END, INC. RETIREMENT PLAN

    (AS AMENDED AND RESTATED EFFECTIVE JANUARY 1, 1997)

                   
    WHEREAS, Lands' End, Inc. (the "Company") has heretofore adopted
    and maintains the Lands' End, Inc. Retirement Plan, as amended and
    restated effective January 1, 1997 (the "Plan"), for the benefit
    of employees of the Company; and

                   
    WHEREAS, Section 12.1 of the Plan retains for the Company the right to amend
    the Plan from time to time; and

                   
    WHEREAS, the Company desires to amend the Plan in certain respects as
    described below:

                   
    NOW, THEREFORE, RESOLVED that, effective September 1, 2002, the first
    sentence of Section 3.1 of the Plan is hereby amended to read in its
    entirety as follows: "Subject to the conditions and limitations of this
    Article 3 and Article 8, for each plan year each active participant may
    elect to reduce his compensation from his employer by an amount equal to at
    least one percent but not in excess of fifty percent (seventeen percent from
    August 1, 2001, to August 31, 2002, and fifteen percent prior to August 1,
    2001) (in whole multiples of one percent) of his compensation for such plan
    year, and his employer shall, in accordance with subsection 4.1(b),
    contribute the amount of such deduction to the plan on his behalf as an 'elective
    contribution'.""

                   
    FURTHER RESOLVED that effective September 1, 2002, Section 3.3 of the Plan
    is hereby amended to read in its entirety as follows: "A participant
    may periodically elect to reduce or increase his rate 

  






  
    of elective contributions
    (including an election to discontinue any such contributions) that are made
    by payroll deduction by making an election with the plan administrator under
    uniform rules established by the plan administrator. Such participant
    election shall be effective as of the first payroll period after the date of
    such election."

                   
    FURTHER RESOLVED that the Plan committee and other appropriate officers of
    the Company be, and they hereby are, authorized to take any and all other
    actions reasonably necessary or advisable in order to carry out the purpose
    of the foregoing resolution.

    
     

    

  


               
IN WITNESS WHEREOF, the undersigned director of the Company has executed this
Consent in Lieu of a Meeting as of this 28th day of August, 2002.


  
  	  	By:/s/ Glenn R. Richter

        Name: Glenn R. Richter

        Title: Director


  



2
II 

117TH CONGRESS 

1ST SESSION S. 590 

To establish limitations regarding Confucius Institutes, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 4, 2021 

Mr. KENNEDY (for himself, Mr. GRASSLEY, Mr. TILLIS, Mr. HAWLEY, Mrs. 

BLACKBURN, and Mr. MARSHALL) introduced the following bill; which 

was read twice, considered, read the third time, and passed 

A BILL 

To establish limitations regarding Confucius Institutes, and 

for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Concerns Over Nations 

5 Funding University Campus Institutes in the United 

6 States Act’’ or the ‘‘CONFUCIUS Act’’. 

7 SEC. 2. RESTRICTIONS ON CONFUCIUS INSTITUTES. 

8 (a) DEFINITION.—In this section, the term ‘‘Confu9 cius Institute’’ means a cultural institute directly or indiVerDate Sep 11 2014 04:44 Mar 05, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S590.CPS S590

pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 590 CPS

1 rectly funded by the Government of the People’s Republic 

2 of China. 

3 (b) RESTRICTIONS ON CONFUCIUS INSTITUTES.—An 

4 institution of higher education or other postsecondary edu5 cational institution (referred to in this section as an ‘‘insti6 tution’’) shall not be eligible to receive Federal funds from 

7 the Department of Education (except funds under title IV 

8 of the Higher Education Act of 1965 (20 U.S.C. 1070 

9 et seq.) or other Department of Education funds that are 

10 provided directly to students) unless the institution en11 sures that any contract or agreement between the institu12 tion and a Confucius Institute includes clear provisions 

13 that— 

14 (1) protect academic freedom at the institution; 

15 (2) prohibit the application of any foreign law 

16 on any campus of the institution; and 

17 (3) grant full managerial authority of the Con18 fucius Institute to the institution, including full con19 trol over what is being taught, the activities carried 

20 out, the research grants that are made, and who is 

21 employed at the Confucius Institute. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS
###### Editorial Note on Part 151

#### Editorial Note:

Nomenclature changes to part 151 appear by CBP Dec. No. 16-26, 81 FR 93021, Dec. 20, 2016.

#### § 151.46 Allowance for detectable moisture and impurities.

An allowance for all detectable moisture and impurities present in or upon imported petroleum or petroleum products shall be made in accordance with § 158.13 of this chapter.

[T.D. 90-78, 55 FR 40167, Oct. 2, 1990]
UNITED STATES

NUCLEAR REGULATORY COMMISSION

OFFICE OF PUBLIC AFFAIRS, REGION II

101 Marietta St., Suite 2900, Atlanta, GA 30323

Tel. 404-331-5503 or 7878

No.: II-97-29 FOR IMMEDIATE RELEASE

Contacts: Ken Clark 404-331-5503 (Tuesday, April 1, 1997)

Roger Hannah 404-331-7878

NRC COMMISSIONER DIAZ TO VISIT SURRY NUCLEAR POWER PLANT

Dr. Nils J. Diaz, a Commissioner of the Nuclear Regulatory Commission

since August 1996, will visit Virginia Power's Surry nuclear power plant

near Surry, Virginia on Wednesday, April 9.

Dr. Diaz is scheduled to tour the plant, meet with Virginia Power

officials and be available to answer questions from interested media

representatives at 3:30 p.m. at the Surry Nuclear Information Center.

Dr. Diaz was sworn in as a Commissioner on August 23, 1996, after a

distinguished career spanning a quarter century as an educator, research

scientist, consultant and entrepreneur in such fields as nuclear

engineering, nuclear power sources in space and medical and industrial

applications of radioisotopes.

Before joining the NRC, Dr. Diaz was a professor of nuclear

engineering at the University of Florida and director of the Innovative

Nuclear Space Power and Propulsion Institute, a national consortium of

universities and industry, which he founded. He also was president of

Florida Nuclear Associates, Inc., a high technology research and

consulting firm.

For one year, in the early 1980's, he served abroad as the principal

consultant to Spain's Nuclear Regulatory Commission, and has consulted for

the governments of Mexico, Venezuela, Brazil and Argentina.

Dr. Diaz received a Bachelor of Science degree in Mechanical

Engineering from the University of Villanova, in Cuba, and both Master of

Science and Ph.D. degrees from the University of Florida in nuclear

engineering sciences. From 1971-1983, he held a senior nuclear reactor

operator's license from the NRC and worked on Medical Physics at

Vanderbilt University and the University of Miami hospitals, among others.

Before joining the NRC, Dr. Diaz was actively involved in research of

power sources in space, advanced energy conversion, advanced space

propulsion, and in developing gamma ray spectroscopy for the detection and

location of flaws in materials.

###
#### Louis F. Rothschild et al., Copartners Doing Business under the Name of L. F. Rothschild & Co., Appellants, *v.*Ida Clawans et al., Respondents.

First Department,

December 18, 1951.

*Felix A. Fishman*of counsel *(Sam L. Cohen*with him on the brief; *Moses é Singer,*attorneys), for appellants.

*Herbert Goldmark*of counsel *(Joseph K. Guerin*with him on the brief; *Myers & Guerin,*attorneys), for respondents.

*225*Per Curiam.*

Plaintiffs have appealed from an order denying their application under subdivision 3 of section 287-d of the Civil Practice Act for an order permitting them to retain specific personal property to the credit of the action and to be discharged from liability to any of the parties for its retention.

In denying the application Special Term treated it as one addressed to the discretion of the court although the section gives an applicant who meets its requirements an absolute right to one of the forms of relief specified. Subdivision 3 of section 287-d provides that upon the entry of an order pursuant to section 287-a, permitting the institution of an action to determine adverse claims to specific personal property, or at any time thereafter, the court upon the application of the person holding the property “ *must order*” that the property be delivered to the court or to a person designated by the court or that it be retained by the holder for disposition in accordance with the final judgment to be entered in the action. The order may impose such terms and conditions as may be justly warranted by the existing state of facts.

It is undisputed that plaintiffs instituted this action pursuant to an order properly obtained under the provisions of section 287-a; consequently, their application for the relief sought should have been granted.

The order appealed from, therefore, should be reversed, with $20 costs and disbursements to appellants and their motion granted. Settle order.

Does, J.

(dissenting). Section 287-a of the Civil Practice Act relates to claims *11*by adverse claimants ” against the person holding personal property including stock certificates. The pleadings before the court show that in this case there are no “ adverse claimants ” against plaintiffs as holders of the stock certificates. Only one defendant, Lillian Clawans, claims ownership of the stock in question. It would seem therefore that section 287-a would not apply and if section 287-a does not apply section 287-d would not be. applicable.

To grant plaintiffs the order now asked for would be to discharge plaintiffs of any liability for damages for retention of the stock in question. That should not be done in a case in which defendants claim that plaintiffs’ retention of the stock at least from the date of the original demand on or about January 2, 1951, was wrongful.

A ccordingly I dissent and vote to affirm.

*226Glennon, J. P., Cohn, Callahan and Shientag, JJ., concur in *Per Curiam*opinion; Dore, J., dissents and votes to affirm, in opinion.

Order reversed, with $20 costs and disbursements to appellants and the motion granted. Settle order on notice. [See post, p. 792.]
No: II-23-003 March 30, 2023 

Contact: Dave Gasperson 404-997-4417 

NRC Names New Resident Inspector at Plant Vogtle

Nuclear Regulatory Commission officials in Atlanta have selected 

William Truss as the agency’s new resident inspector at Vogtle Electric 

Generating Plant in Waynesboro, Georgia. Truss joins NRC Senior Resident 

Inspector Tom Morrissey at the site, operated by Southern Nuclear 

Operating Co. 

Truss joined the NRC in 2022 as a reactor engineer in the Division 

of Reactor Projects in the Resident Inspector Development Program at the 

agency’s Region II Office in Atlanta. He completed his initial resident 

inspector qualifications at Catawba Nuclear Station in South Carolina.

"Bill's recent industry experience, coupled with the hands-on training he received during 

inspector qualifications, make him a great addition to our talented team of inspectors at Vogtle, " 

said NRC Region II Administrator Laura Dudes. "His expertise and dedication to safety will be 

invaluable to the work of our resident inspectors at the plant." 

Before joining the agency, Truss worked as an engineer for nearly a decade in the private 

nuclear industry at the Farley nuclear power plant in Dothan, Alabama, and the Waterford 3 nuclear 

power plant in Killona, Louisiana. He holds a bachelor's degree in chemical engineering from 

Tuskegee University. 

The NRC assigns at least two resident inspectors to each operating U.S. commercial nuclear 

power plant. They serve as the agency's eyes and ears at the facility, conducting regular inspections, 

monitoring plant operations, major work projects and interacting with plant workers and the public.
#### In the Matter of Thomas J. McCabe v. Rudolph P. Miller, as Superintendent, etc.

Motion denied, with ten dollars costs. Present — Ingraham, P. J., McLaughlin, Laughlin, Clarke and Scott, JJ.
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 Annual Report of TransAlta Corporation (the “Company”) on Form 40-F for the year ended December 31, 2014 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, Dawn L. Farrell, President and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

 

1.    The Report fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

 

2.    The information contained in the Report fairly presents, in all materials respects, the financial condition and result of operations of the Company.

 
|                                    |   |   |
|-----------------------------------------|--------|--------|
| /s/ Dawn L. Farrell

              |   |   |
| Dawn   L. Farrell                       |   |   |
| President   and Chief Executive Officer |   |

 

Dated: February 19, 2015

 

 

The foregoing certification is being furnished solely to accompany the Report pursuant to 18 U.S.C § 1350, and is not being filed for purposes of Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be incorporated by reference into any filing of the Company, whether made before or after the date hereof, regardless of any general incorporation language in such filing.

 

----
EXHIBIT 10.52



                               SECOND AMENDMENT TO
                    POS CHECK THIRD PARTY SERVICER AGREEMENT
                             ADTED DECEMBER 12, 2000
                                     BETWEEN
                         ELECTRONIC CLEARING HOUSE, INC.
                                       AND
                                VISA U.S.A., INC.



The  POS  Check Servicer Agreement ("Agreement") dated December 12, 2000 and the
First Amendment to the POS Check Servicer Agreement dated April 23, 2002 between
the  parties  is  amended  as  follows:

     1.     ECHO  agrees  to  perform  all  development  work  to  initiate  the
Pilot Program ("Program").  The scope of the development work to be completed by
ECHO  is  set  forth  in Exhibit "A", attached hereto and incorporated herein by
this  reference.  ECHO  agrees  that  the  NCN  production release will occur on
August  28,  2002  and that the ACH production release will occur on October 16,
2002.

     2.     Visa  agrees  to  pay  ECHO for all development work done by ECHO to
initiate  the Program.  The cost breakdown of the development work to be done by
ECHO  to  initiate  the  Program  is  set  forth  in  Exhibit  "A".

     3.     Visa  shall  have  the  right to cancel this Addendum by giving ECHO
fifteen  (15)  days  written  notice of its intent to cancel.  In the event that
Visa  cancels  this  Addendum  during  the  first thirty (30) days following the
execution date of this Addendum, ECHO will reimburse Visa fifty percent (50%) of
the development cost paid by Visa to ECHO to initiate the Program.  In the event
that  Visa  cancels  this  Addendum  between the thirty-first (31st) day of this
Agreement  and  the  sixtieth  (60th) day of this Agreement, ECHO will reimburse
Visa  twenty  percent  (20%)  of  the  development  cost paid by Visa to ECHO to
initiate  the  Program.  If  Visa cancels this Addendum after this Agreement has
been  in  force  for sixty (60) days, ECHO will keep all of the development cost
paid  by  Visa  to  ECHO  to  initiate  the  Program.

     4.     In  the event that ECHO does not make either production deadline set
forth  in  Paragraph  1,  ECHO agrees to pay Visa a late penalty of Five Hundred
dollars  ($500.00)  per  day.

     5.     Visa  agrees  that the total reimbursement under Paragraph 3 and the
total  late  penalties under Paragraph 4 shall not exceed fifty percent (50%) of
Visa's  original  development  cost  paid  under  the  terms  of  Paragraph  2.

     6.     Except  as amended herein, the terms and conditions of the Agreement
and  the  First  Amendment  to  the  Agreement  shall continue in full force and
effect.   If  Visa  elects  to  cancel  this  Addendum  under  the provisions of
paragraph  3,  all terms and conditions of the Agreement and the First Amendment
to  the  Agreement  shall  continue  in  full  force  and  effect.

The  parties  through their authorized representatives have executed this Second
Amendment  the  dates  shown  below,  effective  the  latest  such  date.

ELECTRONIC  CLEARING                VISA  U.S.A.,  INC.
HOUSE,  INC.


<PAGE>
### §§137a, 137b. Omitted

#### **Editorial Notes**

#### Codification

Section 137a, R.S. §94, related to persons specially privileged to use library. See last sentence of section 136 of this title, which gives Librarian of Congress power to make rules and regulations for government of library.

Section 137b, act Aug. 28, 1890, No. 41, 26 Stat. 678, which related to Interstate Commerce Commission and Chief of Army Engineering Corps, was omitted from the Code as superseded by the last sentence of section 136 of this title.

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

#### Joint Committee Report

With reference to former section 137a of this title, the Joint Committee on the Library, in an official report March 3, 1897 (54th Cong., 2d Sess., Senate Report 1573) declared:

"Heretofore the Joint Committee on the Library has had authority to approve such rules and regulations as have been made by the Librarian of Congress, but the provision of law under which the Joint Committee has hitherto passed upon said rules and regulations would appear to be repealed by the more recent act (section 136 of this title) which places this power in the hands of the Librarian of Congress."