alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**IN THE SUPREME COURT**  **FOR THE STATE OF MONTANA**  No. DA 23
- 0137 STATE OF MONTANA, Plaintiff and Appellee , v. GRANT WEST , Defendant and Appellant
. **ORDER** Upon consideration of Defendant and Appellant ’s Motion For Extension Of Time , and with good cause shown, Defendant and Appellant Grant West is hereby granted an extension of time until October 4, 2024 in which to prepare, file and
serve Defendant and Appellant ’s opening brief.

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

August 22 2024

08/22/2024

Case Number: DA 23-0137
#### In the Matter of the Will of Rudolph R. Noll, Deceased. Gerda Noll et al., Appellants. Otto Ruprecht et al., Individually and as Executors and Trustees under the Will of Rudolph R. Noll, Deceased, et al., Respondents. National Surety Corporation et al., Respondents. (2 Proceedings.) In the Matter of the Estate of Rudolph R. Noll, Deceased. Eleanore G. Noll, an Infant, by Gerda Noll, Her Guardian ad Litem, et al., Appellants. Otto Ruprecht et al., Individually and as Executors and Trustees under the Will of Rudolph R. Noll, Deceased, Respondents. Edward A. Pfeffer et al., Respondents.

Present — Close, P. J., Hagarty, Adel, Taylor and Lewis, JJ.
Case 0:20-cv-61469-RS Document 207-131 Entered on FLSD Docket 12/05/2023 Page 1 of 1
#### The People of the State of New York, Respondent, v. Salvatore Oddo, Appellant.

No opinion. Present — Peck, P. J., Dore, Cohn, Yan Yoorhis and Shientag, JJ.
### §1027. Land subject to prohibition on leasing

The Secretary shall not issue any lease under this chapter on those lands subject to the prohibition provided under section 226–3 of this title.

(Pub. L. 91–581, §29, as added Pub. L. 100–443, §5(d), Sept. 22, 1988, 102 Stat. 1769; amended Pub. L. 109–58, title II, §236(27), Aug. 8, 2005, 119 Stat. 673.)

#### **Editorial Notes**

#### Amendments

2005—Pub. L. 109–58 inserted section catchline.
### [§3531. Repealed. Pub. L. 104–316, title I, §115(f)(1), Oct. 19, 1996, 110 Stat. 3834]

Section, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 967, related to certification by heads of executive departments to Comptroller General regarding losses resulting from public property entrusted to officials or agents.
FORM OF 302 CERTIFICATION
			             EXHIBIT 31
			           CERTIFICATIONS

I, Steven B. Chotin, certify that:
       1. I have reviewed this quarterly report on Form 10-Q of Fund America
Investors Corporation II;
       2. Based on my knowledge, this quarterly report does not contain any
untrue statement of a material fact or omit to state a material fact necessary
to make the statements made, in light of the circumstances under which such
statements were made, not misleading with respect to the period covered by this
quarterly report;
       3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;
       4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15 and 15d-15) for the registrant and have:
       (a) Designed such disclosure controls and procedures to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this quarterly report is being prepared;
       (b) Evaluated the effectiveness of the registrant's disclosure controls
and procedures as of a date within 90 days prior to the filing date of this
quarterly report (the "Evaluation Date"); and
       (c) Presented in this quarterly report our conclusions about the
effectiveness of the disclosure controls and procedures based on our evaluation
as of the Evaluation Date;
       5. The registrant's other certifying officer and I have disclosed, based
on our most recent evaluation, to the registrant's board of directors (or
persons performing the equivalent functions):
       (a) All significant deficiencies in the design or operation of internal
controls which could adversely affect the registrant's ability to record,
process, summarize and report financial data and have identified any material
weaknesses in internal controls; and
       (b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls; and
       6. The registrant's other certifying officer and I have indicated in this
report whether there were significant changes in internal controls or in other
factors that could significantly affect internal controls subsequent to the date
of our most recent evaluation, including any corrective actions with regard to
significant deficiencies and material weaknesses.



Date: August 15, 2006                           /s/ Steven B. Chotin
      ---------------                           --------------------
                                                Steven B. Chotin
                                                Chief Executive Officer
**Exhibit
      32.2**




**CFO
      CERTIFICATION PURSUANT TO**


**RULE
      13a-14(b) OF THE SECURITIES EXCHANGE ACT OF 1934** **AND**


**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 Guaranty Federal Bancshares, Inc. (the
      “Company”) on Form 10 - - K
      for the
      period ending December
      31, 2005 as
      filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, Bruce Winston, Chief Financial Officer (principal
      financial officer) of
      the
      Company, certify, pursuant to 18 U.S.C. § 1350, as adopted pursuant to
§ 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; and




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




/s/
      Bruce Winston


Bruce
      Winston


Chief
      Financial Officer


(Principal
      Financial Officer)





March
      31,
      2006





*
      A
      signed original of this written statement required by Section 906 has been
      provided to the Company and will be retained by the Company and furnished to
      the
      Securities and Exchange Commission or its staff upon request.
### §736. Authorization of appropriations

Amounts necessary to carry out this subchapter and subchapter IV of this chapter may be appropriated to the Comptroller General.

(Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 900.)

| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 736 | 31:52–7. | Feb. 15, 1980, Pub. L. 96–191, §9, 94 Stat. 34. |

The word "hereby" is omitted as surplus. The words "to the Comptroller General" are added for consistency. The words "beginning fiscal year 1981 and for each fiscal year thereafter" are omitted as executed.
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Exhibit 10.23    
  


 
 

COMMENCEMENT OF LEASE AMENDMENT #1    
  


Date:
October 25, 2000 


        This
lease commencement agreement pertains to that certain lease amendment dated August 28, 2000, by and between  Marvin L. Oates as Trustee of the Marvin L. Oates Trust dated
March 7, 1995 (Lessor) and  overstocks.com, a Utah corporation (Lessee) for the premises located at 955
South 3800 West, Suite 100, Salt Lake City, Utah 84104 and consisting of an additional area of approximately 65,835 square feet bringing the total
occupied square footage to 175,560 square feet within a multi-tenant industrial building of approximately 354,255 square feet.


        Whereas,
said Lessee's Fifty-Nine (59) month lease term is to commence on the date indicated below. In accordance with
the above, the parties hereto agree that Lessee occupied both the Temporary Space and the First Right Space September 19, 2000 with a rental rate
of $13,167.00 per month for the Temporary Space and a rental rate of $18,433.80 per month for the First Right
Space.


        Lessee's
responsibility to pay rent and perform all other obligations under the lease for the Temporary Space shall continue until Lessee has vacated the space and a final
walk-thru has been completed by the property manager. 


        The
term for the First Right Space shall expire on August 20, 2005.


        All
other terms and conditions of said Lease are hereby reaffirmed as being in full force and effect. 



	LESSOR:	 	LESSEE:
	

Marvin L. Oates as Trustee of the

Marvin L. Oates Trust dated March 7, 1995	
 	

overstocks.com

a Utah corporation
	

By:	
 	

/s/  MARVIN L. OATES      
 Marvin L. Oates

Trustee of the Marvin L. Oates Trust

dated March 7, 1995	
 	

By:	
 	

/s/  KARLA BOURLAND      

	

Date:	
 	

NOV 20 2000
	
 	

Date:	
 	

6 NOV 00












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Exhibit 10.23


COMMENCEMENT OF LEASE AMENDMENT #1
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 10-cv-02595-REB-BNB WILDEARTH GUARDIANS, Plaintiff,

v. KEN SALAZAR, in his official capacity as Secretary of the United States Department of the Interior, Defendant.

______________________________________________________________________________ ORDER

______________________________________________________________________________ This matter arises on Defendant’s Unopposed Motion for Stay of Proceedings [Doc. # 6, filed 12/10/2010] (the “Motion to Stay”). The parties seek to stay all proceedings “pendingfinal action by the United States Judicial Panel on Multidistrict Litigation on a Notice of TagAlong Actions filed on December 7, 2010.” Motion to Stay [Doc. # 6] at p. 1. In support of the Motion to Stay, the defendant states: This action is one of many, nearly identical actions filed by Plaintiff WildEarth Guardians alleging that the United States Fish and Wildlife Service failed to respond toseveral petitions to list hundreds of species pursuant to the mandatory timelines set forth in the Endangered Species Act, 16 U.S.C. §1531 et seq. While the underlying facts and circumstances of the instant case are specific to the gila monster ( Heloderma suspectum ), the Complaint raises issues that are nearly identical to those raised in the cases consolidated before the MDL. Memorandum In Support [Doc. # 6-1] at pp. 1-2.2 I find that granting the stay is likely to conserve judicial resources and the resources of the parties and will not result in any prejudice to any party. IT IS ORDERED: (1) The Motion to Stay [Doc. # 6] is GRANTED, and all proceedings are stayed pending further order of the court; (2) The scheduling conference set for January 13, 2011, at 2:30 p.m., is VACATED; and (3) The parties shall file a status report within 10 days of any order on the Notice of Tag-Along Actions reporting the ruling and addressing what pretrial proceedings, if any, should be scheduled in this court. Dated December 13, 2010. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION 

 Office of Public Affairs Telephone: 301/415-8200

 Washington, DC 20555-001 E-mail: opa@nrc.gov 

 Web Site: http://www.nrc.gov/OPA

No. 04-067 June 4, 2004

NRC STAFF APPROVES TRANSFER OF OPERATING

LICENSE FOR R.E. GINNA NUCLEAR POWER PLANT

The Nuclear Regulatory Commission staff has approved the transfer of the operating license for

the R. E. Ginna Nuclear Power Plant from Rochester Gas & Electric Corp. (RG&E) to R. E. Ginna

Nuclear Power Plant, LLC.

As provided by NRC regulations, the staff’s approval of the license transfer became effective on

May 28, contingent on the licensee providing final details of the transaction’s close. R. E. Ginna

Nuclear Power Plant LLC is an indirect, wholly owned subsidiary of Constellation Generation Group.

On December 16, 2003, RG&E and Constellation Generation Group submitted an application

to the NRC requesting approval for the license transfer. The application was supplemented by letters

from RG&E, submitted March 26 and April 30, 2004, and from Constellation, submitted February 27,

and April 30, 2004. Major issues considered by the NRC included financial qualifications and transfer

and maintenance of accumulated decommissioning funds.

A copy of the NRC's approval order and accompanying safety evaluation report will be placed

in the NRC's Public Document Room, One White Flint North, 11555 Rockville Pike, 

Room O-1 F23, Rockville, MD 20852 (telephone 1-800-397-4209 or 301-415-4737) and added to the

Agency-wide Documents Access and Management System (ADAMS), which is available on the

NRC’s Web site at this address: http://www.nrc.gov/reading-rm/adams/web-based.html , by entering

accession number ML041330540.

###
#### Linda MATSUI, Plaintiff—Appellant, v. PROVIDENT LIFE AND ACCIDENT INSURANCE COMPANY, Defendant-Appellee.

No. 01-55791.

D.C. No. CV-97-00482-AHS.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted May 10, 2002.

Decided May 22, 2002.

Before KLEINFELD and GRABER, Circuit Judges, and BOLTON,* District Judge.

*

 The Honorable Susan R. Bolton, United States District Judge for the District of Arizona, sitting by designation.

MEMORANDUM **

Linda Matsui appeals the district court’s grant of partial summary judgment in favor of Provident Life and Accident Insurance Company on her claims for: (1) breach of implied covenant for good faith and fair dealing; and (2) punitive damages. We review de novo, *Block v. City of Los Angeles,*253 F.3d 410, 416 (9th Cir.2001), and affirm.

Because Provident showed that there was a genuine question regarding its liability to Matsui, which was based on its reasonable interpretation of the text of the insurance policy’s specialty clause, its denial of benefits was not unreasonable. *Lunsford v. Am. Guar. & Liab. Ins. Co.,*18 F.3d 653, 656 (9th Cir.1994) (citing *Gruenberg v. Aetna Ins. Co.,*9 Cal.3d 566, 108 Cal.Rptr. 480, 510 P.2d 1032, 1035-37 (1973)). Additionally, Matsui fails to set forth facts that can support an award of punitive damages under California law.

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 Ninth Circuit Rule 36-3.
NRC NEWS

 U.S. NUCLEAR REGULATORY COMMISSION

 801 Warrenville Road

 Lisle IL 60532

 Web Site: http://www.nrc.gov

No. III-02-029 May 20, 2002

CONTACT: Jan Strasma (630) 829-9663 E-mail: opa3@nrc.gov

Viktoria Mitlyng (630) 829-9662 

NRC CITES D.C. COOK NUCLEAR POWER STATION FOR VIOLATION 

OF LOW TO MODERATE SAFETY SIGNIFICANCE

The Nuclear Regulatory Commission staff has determined that a violation of NRC safety

regulations at the D. C. Cook Nuclear Power Station near Bridgman, Michigan, should be

characterized as "white," meaning that it is an issue of low to moderate importance to safety. The plant,

which has two reactors, is operated by American Electric Power Company.

During an inspection in February and March of this year, NRC inspectors found that the

company had failed to promptly correct an equipment problem that led to the failure of a turbinedriven pump in the auxiliary cooling water system to function during testing.

The auxiliary feedwater system is used to safely shut down the reactor if problems occur during

plant operations and to continue removing heat from the reactor after shutdown. Each unit at D. C.

Cook has two motor-driven auxiliary feedwater pumps and one turbine-driven pump. The problem

affected only the turbine-driven pump of one unit.

During testing on August 10 of last year, the Unit 2 turbine-driven pump failed to start when a

valve controlling steam flow to it failed to open. In December the valve vendor diagnosed the valve

problem, but the plant failed to promptly correct the problem. On January 18 of this year, the pump

again failed to start during testing because of the identical steam valve problem.

Under its safety significance determination process, NRC officials classify certain conditions at

nuclear power plants as being one of four colors which delineate increasing levels of safety

significance, beginning with green and progressing to white, yellow or red. 

A preliminary "white" finding was described in an inspection report issued April 16 of this

year. The letter transmitting the report provided the company with an opportunity to request a

regulatory conference to discuss this issue. American Electric Power subsequently informed the NRC

that it did not contest the characterization of the safety significance of this finding and did not request

a meeting with the NRC staff.

In addition to the white determination, the NRC issued a Notice of Violation to American

Electric Power for failing to take prompt corrective action to prevent a recurrence of the valve

problem. After the January 18 pump failure, the plant replaced the faulty valve mechanism that

prevented the pump from operating. 

The white finding may result in future NRC inspections focusing on the plant’s corrective

action program and its response to the valve problem.

# # # # #
### §6715. Enforcement by the Attorney General of prohibitions on discrimination

The Attorney General may bring a civil action in an appropriate district court of the United States against a unit of general local government that the Attorney General has reason to believe has engaged or is engaging in a pattern or practice in violation of section 6711(a) or (b). The court may grant—

(1) a temporary restraining order;

(2) an injunction; or

(3) an appropriate order to ensure enjoyment of rights under section 6711(a) or (b), including an order suspending, terminating, or requiring repayment of, payments under this chapter or placing additional payments under this chapter in escrow pending the outcome of the action.

(Added Pub. L. 103–322, title III, §31001(a), Sept. 13, 1994, 108 Stat. 1877.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 6715, Pub. L. 97–258, Sept. 13, 1982, 96 Stat. 1024, related to prohibition on using payments to influence legislation, prior to repeal by Pub. L. 99–272, title XIV, §14001(a)(1), (e), Apr. 7, 1986, 100 Stat. 327, 329, eff. Oct. 18, 1986.
#### Louis Claris, Respondent, v. Raffaele De Feo et al., Defendants, and Rose De Feo et al., Appellants.

Carswell, Acting P. J., Johnston, Sneed, Wenzel and MaeCrate, JJ., concur.
§ 177.107 Limitations on authority. ( a ) An award, compromise, or settlement of a claim under 28 U.S.C. 2672, and this part, in excess of $25,000 can be effected only with the prior written approval of the Attorney General or his or her designee. For purposes of this paragraph, a principal claim and any derivative or subrogated claim will be treated as a single claim.
( b ) An administrative claim may be adjusted, determined, compromised, or settled under this part, only after consultation with the Department of Justice when, in the opinion of the General Counsel of OPM, or his or her designee: ( 1 ) A new precedent or a new point of law is involved; or
( 2 ) A question of policy is or may be involved; or
( 3 ) The United States is or may be entitled to indemnity or contribution from a third party and OPM is unable to adjust the third party claim; or
( 4 ) The compromise of a particular claim, as a practical matter, will or may control the disposition of a related claim in which the amount to be paid may exceed $25,000.
( c ) An administrative claim may be adjusted, determined, compromised, or settled under 28 U.S.C. 2672, and this part, only after consultation with the Department of Justice when, OPM is informed or is otherwise aware that the United States or an employee, agent, or cost-type contractor of the United States is involved in litigation based on a claim arising out of the same incident or transaction.
§ 1631.30 Applicability. This subpart applies to demands and requests to a Board employee for factual or expert testimony relating to official information, or for production of official records or information, in legal proceedings in which neither the Board or nor the Board employee is a named party. However, it does not apply to: ( a ) Demands upon, or requests for, a current Board employee to testify as to facts or events that are unrelated to his or her official duties or that are unrelated to the functions of the Board;
( b ) Requests for the release of records under the Freedom of Information Act, 5 U.S.C. 552, or the Privacy Act, 5 U.S.C. 552(a); and
( c ) Congressional demands and requests for testimony of records.
§ 213.102 Identification of positions in Schedule A, B, C, or D. ( a ) As provided in 5 U.S.C. 3302, the President may prescribe rules governing the competitive service. The rules shall provide, as nearly as conditions of good administration warrant, for— ( 1 ) Necessary exceptions of positions from the competitive service; and
( 2 ) Necessary exceptions from the provisions of sections 2951, 3304(a), 3321, 7202, and 7203 of title 5, U.S. Code.
( b ) The President delegated authority to the Office of Personnel Management (OPM) in Civil Service Rule VI to except positions from the competitive service when OPM determines that: ( 1 ) Appointments thereto through competitive examination are not practicable; or
( 2 ) Recruitment from among students attending qualifying educational institutions or individuals who have recently completed qualifying educational programs can better be achieved by devising additional means for recruiting and assessing candidates that diverge from the processes generally applicable to the competitive service.
( 3 ) ( i ) Upon determining that any position or group of positions, as defined in § 302.101(c), should be excepted indefinitely or temporarily from the competitive service, the Office of Personnel Management will authorize placement of the position or group of positions into Schedule A, B, C, or D, as applicable. Unless otherwise specified in a particular appointing authority, an agency may make Schedule A, B, C, or D appointments on either a permanent or nonpermanent basis, with any appropriate work schedule (*i.e.,* full-time, part-time, seasonal, on-call, or intermittent).
( ii ) When OPM establishes eligibility requirements (e.g., residence, family income) for appointment under particular Schedule A, B, or D exceptions, an individual's eligibility for appointment must be determined before appointment and without regard to any conditions that will result from the appointment.
( c ) For purposes of making any such determinations, *positions* includes: ( 1 ) Those that are intended to be removed indefinitely from the competitive service because the nature of the position itself precludes it from being in the competitive service (e.g., because it is impracticable to examine for the knowledge, skills, and abilities required for the job); and
( 2 ) Those that are intended to be removed temporarily from the competitive service to allow for targeted recruiting and hiring from among a particular class of persons, as defined by the Office of Personnel Management, with the opportunity for the persons selected for those positions to convert to the competitive service at a later date.
[77 FR 28213, May 11, 2012]
### §6205. Availability of information

Each head of any authority of the Government having custody of the data files and systems referred to in section 6202(c)—

(1) shall make available to the Director (or other authority to which the Director has delegated the responsibility to carry out such section) the information requested in the form designated; and

(2) is authorized to make available to the Director (or such other authority) such administrative services, equipment, personnel, and facilities (and funds appropriated therefor) as the Director or such authority requires to carry out such section.

(Added Pub. L. 99–547, §2(a), Oct. 27, 1986, 100 Stat. 3059.)