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

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-cv-23138-UU

ANTHONY ORTUETA,

Plaintiff, 

v. 

TRUE GRADE, LLC, et al., 

Defendants. 

 /

ORDER

THIS CAUSE is before the Court upon Chief United States Magistrate Judge John J. 

O’Sullivan’s Order Approving Settlement Agreement and Recommending that the Case Be 

Dismissed With Prejudice. D.E. 28. The Court has reviewed the pertinent portions of the record 

and is otherwise fully advised in the premises. 

On November 23, 2020, Magistrate Judge O’Sullivan issued an order following the 

settlement conference in this case, which: (1) approved the parties’ settlement agreement, 

including attorney’s fees and costs, under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq.

(“FLSA”), pursuant to Lynn Food Stores v. United States, 679 F.2d 1350, 1352-53 (11th Cir. 

1982); and (2) recommended that the undersigned dismiss this case with prejudice, while retaining 

jurisdiction until January 25, 2021 to enforce the terms of the settlement. D.E. 28. 

The Court has made a review of the entire file and record herein and agrees with Magistrate 

Judge O’Sullivan’s recommendation. Accordingly, it is

ORDERED AND ADJUDGED that the Report and Recommendation (D.E. 28) is

RATIFIED, AFFIRMED, and ADOPTED. It is further

Case 1:20-cv-23138-UU Document 30 Entered on FLSD Docket 11/23/2020 Page 1 of 2
ORDERED AND ADJUDGED that this case is hereby DISMISSED WITH PREJUDICE. 

The Court shall retain jurisdiction until January 25, 2021 to enforce the terms of the settlement. 

It is further

ORDERED AND ADJUDGED that the Clerk of Court SHALL administratively close this 

case. All future hearings are CANCELLED, and all pending motions are DENIED AS MOOT.

DONE AND ORDERED in Chambers, Miami, Florida, this 23d__ day of November, 2020.

__________________________________

URSULA UNGARO

UNITED STATES DISTRICT JUDGE

Copies furnished:

All counsel ofd record

Case 1:20-cv-23138-UU Document 30 Entered on FLSD Docket 11/23/2020 Page 2 of 2
### §453. Oaths of justices and judges

Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: "I, ______ XXX, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ______ under the Constitution and laws of the United States. So help me God."

(June 25, 1948, ch. 646, 62 Stat. 907; Pub. L. 101–650, title IV, §404, Dec. 1, 1990, 104 Stat. 5124.)

#### Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§241, 372, and District of Columbia Code, 1940 ed., §§11–203, 11–303 (R.S.D.C., §752, 18 Stat. pt. II, 90; Feb. 9, 1893, ch. 74, §3, 27 Stat. 435; Mar. 3, 1901, ch. 854, §223, 31 Stat. 1224; Mar. 3, 1911, ch. 231, §§136, 137, 257, 36 Stat. 1135, 1161; Feb. 25, 1919, ch. 29, §4, 40 Stat. 1157).

This section consolidates sections 11–203 and 11–303 of District of Columbia Code, 1940 ed., and section 372 of title 28, U.S.C., 1940 ed., with that portion of section 241 of said title 28 providing that judges of the Court of Claims shall take an oath of office. The remainder of said section 241 comprises sections 171 and 173 of this title.

The phrase "justice or judge of the United States" was substituted for "justices of the Supreme Court, the circuit judges, and the district judges" appearing in said section 372, in order to extend the provisions of this section to judges of the Court of Claims, Customs Court, and Court of Customs and Patent Appeals and to all judges of any court which may be created by enactment of Congress. See definition in section 451 of this title.

The Attorney General has ruled that the expression "any judge of any court of the United States" applied to the Chief Justice and all judges of the Court of Claims. (21 Op. Atty. Gen. 449.)

#### **Editorial Notes**

#### Amendments

1990—Pub. L. 101–650 substituted "under the Constitution" for "according to the best of my abilities and understanding, agreeably to the Constitution".

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

#### Effective Date of 1990 Amendment

Amendment by Pub. L. 101–650 effective 90 days after Dec. 1, 1990, see section 407 of Pub. L. 101–650, set out as a note under section 332 of this title.
### §654. Duties of employers and employees

(a) Each employer—

(1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees;

(2) shall comply with occupational safety and health standards promulgated under this chapter.

(b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct.

(Pub. L. 91–596, §5, Dec. 29, 1970, 84 Stat. 1593.)
### §530. Deprivation of rights by violence; penalty

It shall be unlawful for any person through the use of force or violence, or threat of the use of force or violence, to restrain, coerce, or intimidate, or attempt to restrain, coerce, or intimidate any member of a labor organization for the purpose of interfering with or preventing the exercise of any right to which he is entitled under the provisions of this chapter. Any person who willfully violates this section shall be fined not more than $1,000 or imprisoned for not more than one year, or both.

(Pub. L. 86–257, title VI, §610, Sept. 14, 1959, 73 Stat. 541.)
§ 113.27 Effective dates of termination of bond. ( a ) *Termination by principal/co-principal.* A written request by a principal or co-principal to terminate a bond must be mailed, faxed, or emailed to the Revenue Division or, in the case of a bond relating to repayment of erroneous drawback payment, to the drawback office where the bond was approved. The termination will take effect on the date requested if that date is at least 10 business days after the date CBP receives the request. If no termination date is requested, the termination will take effect on the tenth business day following the date CBP receives the request.
( b ) *Termination by surety.* A surety may not disavow already incurred obligations but may, with or without the consent of the principal, terminate its agreement to accept future obligations on a bond. The surety must provide reasonable notice of termination, made pursuant to the methods set forth in paragraph (a) of this section, to both the Revenue Division or a drawback office, as appropriate, and to the principal. The notice must state the date on which the termination will be effective. Thirty days will constitute reasonable notice unless the surety can show to the satisfaction of CBP that a shorter time frame is reasonable under the facts and circumstances.
( c ) *Effect of termination.* If a bond is terminated, no new customs transactions may be charged against the bond. A new bond in an appropriate amount on CBP Form 301, containing the appropriate bond conditions set forth in subpart G of this part, must be filed before further customs activity may be transacted.
[CBP Dec. 15-15, 80 FR 70164, Nov. 13, 2015]
Editorial Note on Part 10
Editorial Note: Nomenclature changes to part 10 appear by CBP Dec. 16-26, 81 FR 93010, Dec. 20, 2016.

§ 10.99 Importation of ethyl alcohol for nonbeverage purposes. ( a ) If claim is made by an importer other than the United States or a governmental agency thereof for the classification of ethyl alcohol of an alcoholic strength by volume of 80 percent volume or higher under subheading 2207.10.60, Harmonized Tariff Schedules of the United States, the importer or his agent shall file in connection with the entry a declaration, or its electronic equivalent, that the alcohol is to be used for nonbeverage purposes only and whether the alcohol is to be used for fuel purposes. Customs shall release the alcohol for transfer, under internal revenue bond, to a distilled spirits plant upon deposit of estimated duty, if any, and without the payment of the internal revenue tax upon receipt of a transfer record for bulk spirits. In addition, a package gauge record must be submitted to Customs if the alcohol is in packages, as specified in subpart I of part 251, Bureau of Alcohol, Tobacco and Firearms (BATF) Regulations (27 CFR part 251, subpart I). The transfer shall be accomplished in accordance with subpart L of part 251, Bureau of Alcohol, Tobacco and Firearms Regulations (27 CFR part 251, subpart L).
( b ) An appropriate BATF permit shall be filed with Customs in connection with the withdrawal of ethyl alcohol from Customs custody by the United States or any governmental agency thereof for its own use for nonbeverage purposes. Such permit shall be filed before release under the entry without the deposit of estimated duties, if any, and internal revenue tax, or before release in accordance with the provisions of § 141.102(d) of this chapter. (See subpart M of part 251, Bureau of Alcohol, Tobacco and Firearms Regulations (27 CFR part 251, subpart M)).
( c ) The procedures for the withdrawal free of tax on the entry of ethyl alcohol for nonbeverage purposes from the Virgin Islands are found in subpart O of part 250, Bureau of Alcohol, Tobacco and Firearms Regulations (27 CFR part 250, subpart O).
[T.D. 89-65, 54 FR 28413, July 6, 1989, as amended by CBP Dec. 15-14, 80 FR 61284, Oct. 13, 2015]
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No. 20-cv-22783-BLOOM/Louis

KATHRYN BIRREN and 

MANDY BIRREN,

Plaintiffs,

v.

ROYAL CARIBBEAN CRUISES, LTD.,

Defendant.

__________________________________/

ORDER ADOPTING MAGISTRATE JUDGE’S

REPORT AND RECOMMENDATIONS

THIS CAUSE is before the Court upon Defendant’s Amended Verified Motion to Tax 

Costs, ECF No. [220], filed on October 20, 2022 (“Motion”). The Motion was previously referred 

to the Honorable Lauren F. Louis for a Report and Recommendations (“R&R”) on all dispositive 

matters. See ECF No. [226]. On January 3, 2023, the Magistrate Judge issued a R&R

recommending that the Motion be granted in part and denied in part. ECF No. [227]. The R&R

states that the parties shall file any objections within fourteen days of the date of service of a copy 

of the R&R. Id. To date, neither party has filed any objections, nor has either party sought 

additional time in which to do so.

Nevertheless, the Court has conducted a de novo review of the R&R and the record in this 

case, and is otherwise fully advised in the premises. See Williams v. McNeil, 557 F.3d 1287, 1291 

(11th Cir. 2009) (citing 28 U.S.C. § 636(b)(1)). Upon review, the Court finds the R&R to be well 

reasoned and correct. The Court therefore agrees with the analysis in the R&R and concludes that 

the Motion should be Granted in Part and Denied in Part for the reasons set forth therein.

Case 1:20-cv-22783-BB Document 228 Entered on FLSD Docket 01/19/2023 Page 1 of 2
Case No. 20-cv-22783-BLOOM/Louis

2

Accordingly, it is ORDERED and ADJUDGED as follows:

1. The R&R, ECF No. [227], is ADOPTED; 

2. The Motion, ECF No. [220], is GRANTED IN PART AND DENIED IN PART;

3. Defendant is awarded a total of $1,697.10 in taxable costs from former Plaintiff 

Mandy Birren, consisting of: $40.00 For the fees associated with the service of a 

subpoena, $773.50 in court reporter and transcription fees, and $883.60 in costs 

associated with obtaining copies of medical records. The award is to accrue interest 

in accordance with 28 U.S.C. § 1961.

4. The case shall remain CLOSED.

DONE AND ORDERED in Chambers at Miami, Florida, on January 18, 2023.

_________________________________

BETH BLOOM

UNITED STATES DISTRICT JUDGE

Copies to: 

Counsel of Record

Case 1:20-cv-22783-BB Document 228 Entered on FLSD Docket 01/19/2023 Page 2 of 2
§ 19.520 Job classification and structure. A recipient shall not: ( a ) Classify a job as being for males or for females;
( b ) Maintain or establish separate lines of progression, seniority lists, career ladders, or tenure systems based on sex; or
( c ) Maintain or establish separate lines of progression, seniority systems, career ladders, or tenure systems for similar jobs, position descriptions, or job requirements that classify persons on the basis of sex, unless sex is a bona fide occupational qualification for the positions in question as set forth in § 19.550.
#### § 111.40 Protests.

A broker must not act on behalf of any person, or attempt to represent any person, regarding any protest unless he is authorized to do so in accordance with part 174 of this chapter.
#### In the Matter of Barry Equity Corp., Appellant. Jacob Elishewitz & Sons Co., Inc., Respondent.

Order and judgment unanimously affirmed, with costs. No opinion. Present — Peck, P. J., Glennon, Dore, Cohn and Callahan, JJ. [See *post,*p. 894.]
§ 305.10 Bid underrun and overrun. ( a ) *Underrun.* If at the construction contract bid opening, the lowest responsive bid is less than the total Project cost, the Recipient shall notify EDA immediately to determine relevant procedures.
( b ) *Overrun.* ( 1 ) In the case of an overrun at the construction contract bid opening, the Recipient may: ( i ) If provided for in the bid documents, take deductive alternatives to eliminate certain Project elements in case of insufficient funds in the exact order shown on the invitation for bid until at least one of the responsive bids, less deductive alternative(s), results in a price within the budget for that item of work;
( ii ) Reject all bids and re-advertise if there is a rational basis to expect that re-advertising will result in a lower bid; or
( iii ) Augment the Matching Share by an amount sufficient to cover the excess cost. The Recipient must furnish a letter to EDA identifying the source of the additional funds and confirming that the Matching Share meets the requirements of § 301.5 of this chapter.
( 2 ) If the Recipient demonstrates to EDA's satisfaction that the options listed in paragraph (b)(1) of this section are not feasible and the Project cannot be completed otherwise, the Recipient may submit a written request to EDA for additional funding in accordance with applicable EDA guidance. The award of additional Investment Assistance is at EDA's sole discretion and will be considered in accord with EDA's competitive process requirements. EDA's consideration of a request for additional Investment Assistance does not indicate approval.
[79 FR 76132, Dec. 19, 2014]
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

Pursuant to Fed. R. Civ. P. 41(a) and the qui tam provisions of the False Claims Act, 31 

U.S.C. § 3730(b)(1), and in accordance with the terms and conditions of the August 25, 2021 

Settlement Agreement among the United States, Seth A. Bernstein, and Relator Victoria 

Hablitzel (the “Settlement Agreement”), the parties have filed a Stipulation of Dismissal [ECF 

No. 21]. Upon consideration of the Stipulation, and the papers on file in this action, it is 

ORDERED AND ADJUDGED that this case is: 

1. dismissed with prejudice to the United States and Relator for the Covered 

Conduct set forth in the Settlement Agreement as to Bernstein;

2. dismissed with prejudice to the Relator and without prejudice to the United States 

as to Bernstein for all conduct other than the Covered Conduct set forth in the Settlement 

Agreement; and

3. dismissed with prejudice to the Relator and without prejudice to the United States 

as to All in Jets, LLC. 

Case 0:20-cv-61410-CMA Document 22 Entered on FLSD Docket 09/01/2021 Page 1 of 2
CASE NO. 20-61410-CIV-ALTONAGA

2

If the parties wish for the Court to retain jurisdiction to enforce their settlement 

agreement, they must file a copy on the docket. The Clerk shall mark this case as Closed.

DONE AND ORDERED in Miami, Florida, this 1st day of September, 2021.

 _______________________________________

 CECILIA M. ALTONAGA

 CHIEF UNITED STATES DISTRICT JUDGE

cc: counsel of record

Case 0:20-cv-61410-CMA Document 22 Entered on FLSD Docket 09/01/2021 Page 2 of 2
U.S. Nuclear Regulatory Commission

Office of Public Affairs, Region IV

611 Ryan Plaza Drive - Suite 400

Arlington, Texas 76011-8064

RIV: 99-03 FOR IMMEDIATE RELEASE

CONTACT: Breck Henderson February 2, 1999

OFFICE: 817-860-8128

NRC PROPOSES TO FINE ENTERGY $55,000

FOR VIOLATION AT RIVER BEND NUCLEAR PLANT

The U.S. Nuclear Regulatory Commission staff has proposed a $55,000 civil penalty

against Entergy Operations, Inc., which operates the River Bend Station, a nuclear power plant

near St. Francisville, La.

The penalty is for the company’s failure to promptly identify and correct design

deficiencies in the compressed air system that controls the emergency diesel generators at River

Bend. The diesels contained a pneumatic control logic system supplied with air by non-safety air

compressors powered by a non-vital electrical supply. This design problem created substantial

uncertainty as to whether the emergency diesels were capable of performing their intended safety

function under certain circumstances.

Emergency diesels provide electrical power to safety-related components when normal

power is lost. The problem with the control air system existed from original installation and was

not fully corrected until last November. NRC discussed the matter with Entergy Operations in a

predecisional enforcement conference on November 23 in the NRC Region IV office at

Arlington Texas.

In a letter to Entergy Vice President Randall K. Edington, NRC Regional Administrator

Ellis W. Merschoff said: “The NRC acknowledges the risk significance of this condition is low,

primarily due to the low probability of the initiating event (i.e., a loss of offsite power).

However, this situation is significant because it resulted in a condition where there was

substantial uncertainty as to the ability of a safety system, designed to mitigate a serious safety

event, being capable of performing its intended safety function under certain circumstances since

original installation.”

The violation was classified as a Severity Level III violation on the NRC’s four-level

scale. Level I is the most serious.

Entergy has 30 days to respond in writing to the NRC’s Notice of Violation. The

response must document specific actions to prevent recurrence of the violation. During this time

the company may pay the fine or file a protest.

###
United States Nuclear Regulatory Commission

Office of Public Affairs, Region I

475 Allendale Road King of Prussia, PA 19401

Phone: 610/337-5330 Fax: 610/337-5241

Internet: dps@nrc.gov or nas@nrc.gov

I-97-137 October 20, 1997

Contact: Diane Screnci FOR IMMEDIATE RELEASE

Neil A. Sheehan

NRC, DEFENSE AGENCY TO DISCUSS APPARENT VIOLATION AT DEPOT

The Nuclear Regulatory Commission staff will meet with

officials of the U.S. Defense Logistics Agency on Wednesday,

October 22, to discuss an apparent violation of NRC requirements

at the Letterkenny Army Depot in Chambersburg, Pa.

The predecisional enforcement conference will begin at

1:30 p.m. in the Division of Nuclear Materials Safety conference

room at the NRC Region 1 office in King of Prussia, Pa. It will

be open to the public for observation.

During an inspection conducted at the Army depot in

September, NRC staff identified an apparent failure to secure

from unauthorized removal or access, or maintain constant

surveillance of, licensed radioactive materials in a controlled

or unrestricted area. The inspection was initiated after seven

3-curie tritium sources were determined to be missing from a

storage area at the depot in late August. The sources were later

found at the residence of a depot employee.

The decision to hold a predecisional enforcement

conference does not mean that the NRC has determined a violation

has occurred or that enforcement action will be taken. Rather,

the purpose is to discuss apparent violations, their causes and

safety significance; to provide the licensee with an opportunity

to point out any errors that may have been made in the NRC

inspection report; and to enable the licensee to outline its

proposed corrective action.

No decision on the apparent violations will be made at

this conference. That decision will be made by NRC officials at

a later time.
#### E. F. Ingraham Advertising Company, Respondent, v. National 5, 10 and 25 Cent Magazine, Inc., Appellant.

Order affirmed, with ten dollars costs and disbursements. No opinion. Present—Ingraham, McLaughlin, Laughlin, Clarke and Scott, JJ.
<PAGE>
 
  [LOGO APPEARS HERE]
  Sight Resource Corp.                                   INTER-OFFICE MEMORANDUM

  Date:  July 27, 1998

  To:    Bill McLendon

  From:  Bill Sullivan

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

Outlined below are the terms that we have agreed upon with regard to your
ongoing employment role with Sight Resource Corporation.

Base Salary
-----------

Effective August 1, 1998, base salary will be $3,500 per pay period, ending
February 25, 2000.

Bonus
-----

1998 - Determined by CEO and Compensation Committee
1999 - 0

Automobile
----------

Effective August 1, 1998, the company will pay $850 toward the lease of
automobile ending 12/99.  The company will pay phone, gas, and maintenance
through 2/99 and taxes and insurance through 12/99.  At 3/1/99, you will assume
the phone, gas, and maintenance expenses through 12/99.

Health Benefits
---------------

Effective August 1, 1998, the company will pay $131 monthly toward health
benefits until February 25, 2000.  After that time and at your expense, you may
continue to remain on the health plans under COBRA by paying the total cost.
You will receive eyewear in accordance with our current (or future) policy.

Other
-----

I want your active involvement in the indoctrination of our new CFO.  Effective
August 1, 1998, you will also remain available, as requested, to work on
projects, assignments, or other activities.
<PAGE>
 
Bill McLendon
Page 2

 
2.   You will be excluded from the company's 40l (k) plan effective August 1,
     1998. Current year-to-date contributions will remain in the plan, and the
     1998 match, if any, will be in accordance with the policy.

3.   The key man life insurance policy will be canceled effective 8/1/98. If you
     desire to convert this policy, the company will assist you.

4.   Office space will be provided for you at the Washington Street store until
     April, 2000.

5.   Reinforce the non-compete to expire February, 2001, which is one (1) year
     from February, 2000.

6.   Continue current indemnification and D & O insurance as appropriate.

7.   Stock options to remain in place until June, 2000, ninety days after
     employment ceases or, if you remain a Director, ninety days after
     Directorship ends.

8.   Effective August 1, 1998, any expenses being direct billed to the company
     (cell phone, credit card, gas card) will cease except for the auto phone
     (508-325-2807) which will be converted 3/1/99. Convert these to individual
     name.

9.   Business expenses will be reimbursed with advance approval.



 

                                 William G. McLendon_______________________