alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 176.21 Referral of statement of agreed facts for certification.

Statements of agreed facts (also referred to as stipulations) to be used by the Department of Justice in submitting cases to the Court of International Trade may be referred for certification to Customs officials by the office of the Assistant Attorney General, International Trade Field Office, Civil Division, Department of Justice, 26 Federal Plaza, New York, N.Y. 10278.

[T.D. 70-181, 35 FR 13433, Aug. 22, 1970, as amended by T.D. 85-90, 50 FR 21430, May 24, 1985; T.D. 88-47, 53 FR 30984, Aug. 17, 1988]
## SUPREME COURT OF THE STATE OF NEW YORK 

## Appellate Division, Fourth Judicial Department

**1043 KA 15-00156**  PRESENT: CARNI, J.P., DEJOSEPH, NEMOYER, TROUTMAN, AND SCUDDER, JJ.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

V MEMORANDUM AND ORDER

JON ANDERSON, DEFENDANT-APPELLANT.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (BARBARA J. DAVIES OF COUNSEL), FOR DEFENDANT-APPELLANT.

MICHAEL J. FLAHERTY, JR., ACTING DISTRICT ATTORNEY, BUFFALO (DAVID A. HERATY OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Erie County Court (Michael F. Pietruszka, J.), rendered November 17, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [5]), defendant contends that his waiver of the right to appeal was invalid. We reject that contention inasmuch as the record demonstrates that the waiver was knowingly, intelligently, and voluntarily entered ( see People v Carson , 64 AD3d 1194, 1194, lv denied 13 NY3d 835; see generally People v Sanders , 25 NY3d 337, 341-342). Defendant’s valid waiver of the right to appeal encompasses both his contention that County Court erred in denying his suppression motion ( see Sanders , 25 NY3d at 342), and his challenge to the severity of his sentence ( see People v Hidalgo , 91 NY2d 733, 737).

Entered: November 10, 2016 Frances E. Cafarell Clerk of the Court
Monty Houdeshell Employment Letter


  
 EXHIBIT 10.31 
  
 October 4, 2002 
  
 Via U.S. Mail and E-mail 
  
 Monty A. Houdeshell 
 21 Stoney Point 
 P.O. Box 6426 
 Laguna Niguel, CA 92607 
  
 Dear Monty, 
  
 We are pleased to offer you the position of Senior Vice President, Chief Financial Officer, reporting to
Greg Palmer. Your annual salary will be $250,000. You will be eligible for an MBO (Management by Objective) potential of 60% of your base salary (comprised of a 60% Company performance component measured by EPS on a sliding scale and a 40% personal
objectives component) prorated according to your start date. As we discussed, although your start date as a Remedy Colleague will be on December 16, 2002, you will assume the title Senior Vice President, Chief Financial Officer on January 1, 2003.

  
 Pending approval of the Compensation Committee of the Board of Directors, you also will receive 45,000 shares of restricted stock,
subject to the terms and conditions set forth in the Restricted Stock Grant Agreement. 
  
 In addition, you will have a monthly car
allowance of $1,500 including reimbursements for gas receipts. You will be eligible to participate in Remedy’s Executive Health Benefits Program which includes a fully paid Health Plan, a $4,000 Exec-U-Care Medical Reimbursement Program, a
$100,000 Whole Life Insurance Policy (totally portable), a $500,000 Business Travel/Accident life insurance policy (not portable) and a Long Term Disability Plan, beginning the 1st day of your employment. You also will be eligible to participate in the Executive Deferred Compensation Plan and the Employee Stock Purchase
Program. You will receive 3 weeks of vacation per calendar year. 
  
 Your employment with Remedy is employment at-will. This at-will nature
of your employment can only be changed by a written employment agreement signed by the President of the Company. Nothing contained in this letter or any express or implied statements by the Company can alter this at-will status. 

 
 If you are terminated within 1 year following a change of control of Remedy, then you will receive a severance of 1 year’s base salary, plus
maximum bonus. In the event that you assume the role of Chief Administrative Officer, your change of control severance will be broadened to 2 year’s base salary plus maximum bonus. 
  

Monty, we look forward to you joining the Remedy team. We all have high expectations for you and are confident that you will add tremendous value to our organization and overall success.

  
 Please take the time now to review our employment offer. If it meets with your approval, please indicate your acceptance by signing one
copy of this letter and returning it to me by facsimile. If you have any questions about the above, please do not hesitate to give me a call. 
  
 Sincerely, 
  
 /s/ Gunnar Gooding 
  
 Gunnar Gooding 
 Vice President, Human Resources and Legal Affairs 
  
 Cc:        Greg Palmer 
               Human Resources 
  
 I understand
and accept this offer. 
  
  
 /s/ Monty Houdeshell
                                        
            Date: October 8, 2002 
 Monty Houdeshell
§ 148.36 Frequency of allowance of exemption for articles acquired abroad. ( a ) *30-day period.* The $800 or $1,600 exemption for articles acquired abroad will not be granted to a returning resident who has taken advantage of such exemption within the 30-day period immediately preceding his return to the United States. The date of the returning resident's latest prior arrival on which he declared articles acquired abroad for allowance of the $800 or $1,600 exemption will be deemed the date he took advantage of the applicable exemption.
( b ) *Computation of time.* The 30-day period immediately preceding the resident's return will be computed by excluding the day of arrival and counting backward 30 days. For example, in the case of an arrival on May 28, the resident would not be entitled to the $800 or $1,600 exemption if he had taken advantage of such exemption on or after the preceding April 28.
[T.D. 73-27, 38 FR 2449, Jan. 26, 1973, as amended by T.D. 86-118, 51 FR 22516, June 20, 1986; T.D. 97-75, 62 FR 46442, Sept. 3, 1997; CBP Dec. 09-37, 74 FR 48855, Sept. 25, 2009]
§ 115.28 Application for approval. Each application by a manufacturer or an owner for certification of a container by design type must include: ( a ) Three copies, each no larger than 3 feet by 4 feet, of the customs and TIR/Container plan;
( b ) Customs and TIR/Container plan number;
( c ) Three copies of the specifications which include the following information: ( 1 ) The name and address of the manufacturer and the owner; and
( 2 ) A description of the container including the— ( i ) Type of construction;
( ii ) Dimensions;
( iii ) Material of construction;
( iv ) Coating system used;
( v ) Identification marks and numbers; and
( vi ) Tare weight;
( d ) The location and date for inspection; and
( e ) A statement signed by the manufacturer that: ( 1 ) A container of the design type concerned is available for inspection and approval by the Certifying Authority before, during, and after the production run;
( 2 ) Notification will be given to the Certifying Authority of each change in the design before adoption; and
( 3 ) Each container will be marked with: ( i ) The metal plate required in § 115.32;
( ii ) The identification number or letter of the design type assigned by the manufacturer; and
( iii ) The serial number of the container assigned by the manufacturer.
No. 12,885.

#### Beyer *v.*Petersen.

(21 P. [2d] 1115)

Decided May 1, 1933.

Mr. Jacob V. Schaetzel., Mr. John H. Denison, for plaintiff in error.

Mr. Charles R. Bosworth, Mr. Roderic J. Bosworth, for defendant in error.

*In Department.*

Mr. Justice Moore

delivered the opinion of the court.

Petersen brought suit against Beyer on a note of which they were joint makers and recovered a judgment by default for $1,218.11. Error is here assigned upon the refusal of the court to set aside this default and judgment.

It is urged that the default and judgment should have been set aside because the neglect of counsel was excusable and a meritorious defense was presented.

*463It appears from the record that the last day to answer was Monday, April 6, 1931, and that the default was taken and judgment rendered on Tuesday, the 7th of April at 10 a. m. At 11 o’clock of that same day,' Mr. Schaetzel, appearing for plaintiff in error, filed a motion to strike certain portions of the complaint, not then knowing that judgment by default had been entered. Upon being so advised, he immediately filed a motion to set aside the default and judgment supported by his affidavit and a tendered answer.. The affidavit discloses that counsel was retained to represent Beyer on April 2, and, being pressed with emergency matters, requested another attorney in his office to prepare the motion to strike certain parts of the complaint. On April 7, 1931, upon learning that his request had not been complied with, Mr. Schaetzel immediately filed a motion to strike and tendered an answer which constituted prima facie a meritorious defense.

In these circumstances, we feel that the court erred in denying defendant’s motion to vacate the default and judgment. *Gumaer v. Bell,*51 Colo. 473, 119 Pac. 681; *Burlington, Co. v. Fort Morgan Co.,*59 Colo. 571, 151 Pac. 432.

Judgment reversed and cause remanded.

Mr. Chief Justice Adams and Mr. Justice Butler concur.
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-CIV-61584-RAR

HOWARD COHAN,

Plaintiff,

v.

HOLMAN AUTOMOTIVE, INC., 

Defendant.

_______________________________/ 

ORDER ADMINISTRATIVELY CLOSING CASE

THIS CAUSE comes before the Court upon the parties’ Notice of Settlement [ECF No. 

14], filed on September 23, 2020, indicating that the parties have reached an agreement resolving 

this matter. The Court having carefully reviewed the file, and being otherwise fully advised, it is

ORDERED AND ADJUDGED as follows:

1. The above-styled action is administratively CLOSED without prejudice to the parties 

to file a stipulation for dismissal within thirty (30) days of the date of this Order. 

2. If the parties fail to complete the expected settlement, either party may request the 

Court to reopen the case.

3. The Clerk shall CLOSE this case for administrative purposes only. Any pending 

motions are DENIED AS MOOT. 

DONE AND ORDERED in Fort Lauderdale, Florida, this 23rd day of September 2020.

_________________________________

RODOLFO A. RUIZ II

UNITED STATES DISTRICT JUDGE

Case 0:20-cv-61584-RAR Document 15 Entered on FLSD Docket 09/23/2020 Page 1 of 1
U.S. Nuclear Regulatory Commission

Office of Public Affairs, Region IV

611 Ryan Plaza Drive - Suite 400

Arlington, Texas 76011-8064

RIV: 96-29 FOR IMMEDIATE RELEASE

CONTACT: Breck Henderson May 8, 1996

OFFICE: 817/860-8128

PAGER: (800) 443-7243 (065477)

NRC STAFF TO HOLD OPEN PREDECISIONAL

ENFORCEMENT CONFERENCE MAY 10 WITH WOLF CREEK

The Nuclear Regulatory Commission staff will hold a

predecisional enforcement conference with officials of Wolf Creek

Nuclear Operating Corp. May 10 at 9 a.m. at NRC Region IV

headquarters in Arlington, Tex. to discuss apparent violations

arising from the January 30-31 "frazil ice" incident at Wolf

Creek Nuclear Generating Station near Burlington, Kan.

During a period of severe cold the unusual icing phenomena

known as "frazil ice" blocked the intakes of Wolf Creek's cooling

water systems and threatened to cut off cooling to essential

plant components. The conference will be open to public

observation, but participation will be limited to NRC and Wolf

Creek officials.

Scheduled to be discussed at the conference are apparent

violations found by an NRC inspection conducted March 18-25. The

inspection identified ten apparent violations that are being

considered for escalated enforcement. These violations involve

the root causes behind the icing of the essential service water

system, root causes for the failure of the turbine driven

auxiliary feedwater pump to function properly, failure to have

required procedures in the control room, and the failure to

conduct a timely cooldown to Mode 4 in accordance with technical

specifications.

The decision to hold an enforcement conference does not mean

the NRC has made a final determination that violations 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 an opportunity to point out

any errors that may have been made in the NRC inspection report;

and to enable the company to outline its proposed corrective

actions.

No decision on the apparent violations or any contemplated

enforcement action, such as a civil penalty, will be made at this

conference. Those decisions will be made by senior NRC officials

at a later time.

The forthcoming conference with Wolf Creek Nuclear Operating

Corp. will be open to the public as part of a trial program to

open some of these sessions for public observation.
###
AIR

- 1 4

- 024

- E February 18, 2014

Exemption No. 9669C

Regulatory Docket No. FAA

- 2001

- 8898

Ms. Caitlin M. Randles

Supervisor , FAA Coordination

The Boeing Company

P.O. Box 3707

Seattle, WA 98124

- 2207

Dear Ms. Rand les :

This letter is to inform you that we have granted your petition to extend Exemption

No. 9669 , as amended . It explains the basis for our decision and describes its effect.

The Basis for Our Decision

By letter dated October 16, 2013 , you petitioned the Federal Aviation Administration (FAA) on

behalf of The Boeing Company (Boeing) for an extension of Exemption No. 9669 , as amended

. That exemption from § 21.197 of Title 14, Code of Federal Regulations (14 CFR) allows Boeing

to conduct flight crew trai ning in aircraft operated under a special flight permit issued for

production flight testing of new aircraft.

In your petition, you indicate that there has been no change in the conditions and reasons relative

to public interest and safety that were the basis for granting the original exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition in

the Federal Register because the requested extension of the exemption would not set a precedent,

and any delay in act ing on this petition would be detrimental to Boeing.2

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 9669 , as

amended, remains valid with respect to this exemption and is in the public interest. Therefore,

und er the authority provided by 49 U.S.C. §§ 106(f)

, 40113 and 44701, which the FAA

Administrator has delegated to me, I grant your petition for exemption from § 21.197 to

authorize Boeing Company to conduct flight crew training of Boeing flight crews while

o perating the aircraft under a special flight permit issued for production flight testing of new

aircraft, subject to the conditions and limitations described below.

Conditions and Limitations

1. All pilot flight crews to be trained must be Boeing Company em ployees.

2. Each special flight permit incorporating the provisions of this exemption will

be effective only for the period of time specified in the permit and only so

long as the aircraft are owned, operated, and registered by the Boeing

Company.

3. Flight tra ining performed under this exemption will not serve to meet the

requirements of 14 CFR part 121 or 135.

The Effect of Our Decision

Our decision extends the termination date of Exemption No. 9669, as amended, to

March 31, 2016, unless sooner superseded or rescinded.

Sincerely,

/s/

Frank P. Paskiewicz

Deputy Director, Aircraft Certification Service
Exhibit 31.2CERTIFICATIONI, Michael B. Wheeler, certify that:1. I have reviewed this Quarterly Report on Form 10-Q for the quarter ending March 31,2007 of Tufco Technologies, Inc.;2. Based on my knowledge, this report does not contain any untrue statement of a material factor omit to state a material fact necessary to make the statements made, in light of thecircumstances under which such statements were made, not misleading with respect to the periodcovered by this report;3. Based on my knowledge, the financial statements, and other financial information included inthis report, fairly present in all material respects the financial condition, results ofoperations and cash flows of the registrant as of, and for, the periods presented in thisreport;4. The registrant’s other certifying officer and I are responsible for establishing andmaintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and15d-15(e)) for the registrant and have:a) Designed such disclosure controls and procedures, or caused such disclosure controls andprocedures to be designed under our supervision, to ensure that material information relatingto the registrant, including its consolidated subsidiaries, is made known to us by otherswithin those entities, particularly during the period in which this report is being prepared;b) Evaluated the effectiveness of the registrant’s disclosure controls and procedures andpresented in this report our conclusions about the effectiveness of the disclosure controls andprocedures, as of the end of the period covered by this report based on such evaluation; andc) Disclosed in this report any change in the registrant’s internal control over financialreporting that occurred during the registrant’s most recent fiscal quarter (the registrant’sfourth fiscal quarter in the case of an annual report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internal control over financialreporting; and5. The registrant’s other certifying officer and I have disclosed, based on our most recentevaluation of internal control over financial reporting, to the registrant’s auditors and theaudit committee of the registrant’s board of directors (or persons performing the equivalentfunctions):a) All significant deficiencies and material weaknesses in the design or operation of internalcontrol over financial reporting which are reasonably likely to adversely affect theregistrant’s ability to record, process, summarize and report financial information; andb) Any fraud, whether or not material, that involves management or other employees whohave a significant role in the registrant’s internal control over financial reporting.Date: May 15, 2007   /s/ Michael B. Wheeler     Michael B. Wheeler  Executive Vice President, Chief Financial Officerand Chief Operating Officer
### [§6106. Repealed. Pub. L. 94–455, title XII, §1202(h)(1), Oct. 4, 1976, 90 Stat. 1688]

Section, act Aug. 16, 1954, ch. 736, 68A Stat. 756, related to inspection of unemployment tax returns.
Exhibit 99

      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 Diasense, Inc. (the "Company")
Quarterly Report on Form 10-Q for the period ending June 30,
2002 as filed with the Securities and Exchange Commission on
the date hereof (the "Report"), I, Michael P. Thompson,
Interim 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:

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

          (2). The information contained in the Report
               fairly presents, in all material respects, the
               financial condition and results of operations of
               the Company.


Date:          8/14/02             By:  /s/ Michael P. Thompson
                                            Michael P. Thompson
                                            Interim Chief Executive Officer






      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 Diasense, Inc. (the "Company")
Quarterly Report on Form 10-Q for the period ending June 30,
2002 as filed with the Securities and Exchange Commission on
the date hereof (the "Report"), I, Michael P. Thompson,
Chief Financial 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:

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

          (2). The information contained in the Report
               fairly presents, in all material respects, the
               financial condition and results of operations of
               the Company.


Date:          8/14/02             By:  /s/ Michael P. Thompson
                                        Michael P. Thompson
                                        Chief Financial Officer
---

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EXHIBIT 8

# List of Subsidiaries

|Name of Subsidiary                     | Jurisdiction of Incorporation
|-------------------------------------- | -----------------------------
|
|
|
|
|Matrix IT Ltd.                         | Israel                       
|                                      
|Magic Software Enterprises Ltd.        | Israel                       
|                                      
|nextSource Inc.                        | United States                
|                                      
|Sapiens International Corporation N.V. | Netherlands Antilles Islands 
|                                      
|BluePhoenix Solutions Ltd. (1)         | Israel                       

|
|

|(1)              BluePhoenix
Solutions Ltd. was our subsidiary during the periods covered by this           annual
report. On June 20, 2007, we sold our entire shareholdings in BluePhoenix
          Solutions Ltd. and it is not a subsidiary of us any more.
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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