alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
United States District Court

For the Northern District of California

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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

IN RE: 

CHARLES SCHWAB CORPORATION

SECURITIES LITIGATION.

This Document Relates

To All Cases. /

No. C 08-01510 WHA

SUPPLEMENTAL ORDER

REGARDING CLASS NOTICE

The opt-out period for class members passed over three months ago. Despite this reality,

class counsel now informs the Court that the claims administrator failed to email notices to class

members as required under the notice plan approved on September 21, 2009 (Dkt. Nos. 235, 239,

523). Class counsel now seeks an order excusing them from the emailed notice requirement and

stating that emailed notice was not necessary to provide the “best notice practicable” under FRCP

23(c)(2). As the signed stipulation and proposed order submitted by the parties demonstrates,

defendants do not oppose this request by class counsel (Dkt. No. 526).

There is no question that emailed notices, in addition to notices individually sent by firstclass mail, could have benefitted those class members whose mailing addresses were erroneous or

out of date. Nevertheless, the law is clear that individualized notice by first-class mail is

sufficient to meet the requirements of due process and the notice requirements of FRCP 23(c)(2)

Eisen v. Carlisle & Jacqueline, 417 U.S. 156, 173-77 (1974); Phillips Petroleum Co. v. Shutts,

472 U.S. 797, 812 (1985). Here, class counsel provided individual notice via first-class mail to 

Case 3:08-cv-01510-WHA Document 607 Filed 04/12/10 Page 1 of 2
United States District Court

For the Northern District of California

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all known class members (Sylvester Decl. ¶¶ 3, 4). For the small subset of mailed notices that

were returned as undeliverable (approximately 1,300 out of the 90,000-plus class members), class

counsel located new mailing addresses and resent class notices for over half of them (id. at ¶¶ 5,

6). Under Eisen, this is sufficient to meet the “best notice practicable” standard.

As such, the parties’ stipulation and order regarding class notice — filed concurrently

with this order — has been GRANTED. While class counsel’s failure to provide emailed notice

under the notice plan is excused, the Court is displeased that its order was violated and will likely

take this failure into account if and when the question of attorney’s fees and costs is presented.

IT IS SO ORDERED.

Dated: April 12, 2010. WILLIAM ALSUP

UNITED STATES DISTRICT JUDGE

Case 3:08-cv-01510-WHA Document 607 Filed 04/12/10 Page 2 of 2
#### § 206.2 Production or disclosure prohibited unless approved by the General Counsel.

No employee or former employee of the Agency shall, in response to a demand of a court or other authority set forth in § 206.1(d), produce any material or disclose any information described in § 206.1(a) without the approval of the General Counsel or his designee.
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### §300d–2. Repealed. Pub. L. 110–23, §3(1), May 3, 2007, 121 Stat. 90

Section, act July 1, 1944, ch. 373, title XII, §1202, formerly §1203, as added Pub. L. 101–590, §3, Nov. 16, 1990, 104 Stat. 2917; renumbered §1202, Pub. L. 103–183, title VI, §601(b)(2), Dec. 14, 1993, 107 Stat. 2238; amended Pub. L. 105–392, title IV, §401(a)(1)(A), Nov. 13, 1998, 112 Stat. 3587, required the Secretary to provide for the establishment and operation of a National Clearinghouse on Trauma Care and Emergency Medical Services.

A prior section 300d–2, act July 1, 1944, ch. 373, title XII, §1203, as added Nov. 16, 1973, Pub. L. 93–154, §2(a), 87 Stat. 596; amended Oct. 21, 1976, Pub. L. 94–573, §4, 90 Stat. 2710; Nov. 10, 1978, Pub. L. 95–626, title II, §210(a), 92 Stat. 3588; July 10, 1979, Pub. L. 96–32, §7(l), 93 Stat. 84, set forth provisions relating to grants and contracts for establishing and initial operation of emergency medical services systems, prior to repeal by Pub. L. 97–35, title IX, §902(d)(1), (h), Aug. 13, 1981, 95 Stat. 560, 561, effective Oct. 1, 1981.
#### § 37.501 Establish and enforce rules.

A swap execution facility shall establish and enforce rules that will allow the swap execution facility to have the ability and authority to obtain sufficient information to allow it to fully perform its operational, risk management, governance, and regulatory functions and any requirements under this part, including the capacity to carry out international information-sharing agreements as the Commission may require.
II 

112TH CONGRESS 

2D SESSION H. R. 4389 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 21, 2012 

Received 

AN ACT 

To designate the facility of the United States Postal Service 

located at 19 East Merced Street in Fowler, California, 

as the ‘‘Cecil E. Bolt Post Office’’. 

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


tjames on DSK6SPTVN1PROD with 
2 

HR 4389 RDS

1 SECTION 1. CECIL E. BOLT POST OFFICE. 

2 (a) DESIGNATION.—The facility of the United States 

3 Postal Service located at 19 East Merced Street in Fowler, 

4 California, shall be known and designated as the ‘‘Cecil 

5 E. Bolt Post Office’’. 

6 (b) REFERENCES.—Any reference in a law, map, reg7 ulation, document, paper, or other record of the United 

8 States to the facility referred to in subsection (a) shall 

9 be deemed to be a reference to the ‘‘Cecil E. Bolt Post 

10 Office’’. 

Passed the House of Representatives December 20, 

2012. 

Attest: KAREN L. HAAS, 

Clerk. 


tjames on DSK6SPTVN1PROD with
§ 1510.110 Self-evaluation. ( a ) The agency shall, by September 6, 1989, evaluate its current policies and practices, and the effects thereof, that do not or may not meet the requirements of this regulation and, to the extent modification of any such policies and practices is required, the agency shall proceed to make the necessary modifications.
( b ) The agency shall provide an opportunity to interested persons, including individuals with handicaps or organizations representing individuals with handicaps, to participate in the self-evaluation process by submitting comments (both oral and written).
( c ) The agency shall, for at least three years following completion of the self-evaluation, maintain on file and make available for public inspection: ( 1 ) A description of areas examined and any problems identified; and
( 2 ) A description of any modifications made.
IIB 

112TH CONGRESS 

2D SESSION H. R. 4365 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2012 

Received; read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

To amend title 5, United States Code, to make clear that 

accounts in the Thrift Savings Fund are subject to certain Federal tax levies. 

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


emcdonald on DSK7SPTVN1PROD with BILLS
2 

HR 4365 RFS

1 SECTION 1. AMENDMENTS. 

2 Section 8437(e)(3) of title 5, United States Code, is 

3 amended in the first sentence— 

4 (1) by striking ‘‘659)’’ and inserting ‘‘659),’’; 

5 and 

6 (2) by striking the period at the end and insert7 ing the following: ‘‘, and shall be subject to a Fed8 eral tax levy under section 6331 of the Internal Rev9 enue Code of 1986.’’. 

10 SEC. 2. DISPOSITION OF AMOUNTS. 

11 Any potential revenue gain attributable to the enact12 ment of this Act, as determined by the Director of the 

13 Congressional Budget Office— 

14 (1) shall be deposited in the general fund of the 

15 Treasury of the United States; and 

16 (2) shall be used solely for purposes of deficit 

17 reduction. 

Passed the House of Representatives August 1, 

2012. 

Attest: KAREN L. HAAS, 

Clerk. 


emcdonald on DSK7SPTVN1PROD with BILLS
#### UNITED STATES of America, Plaintiff-Appellee, v. Rodolfo ACOSTA-ORELLANA, Defendant-Appellant.

No. 06-40560

Conference Calendar.

United States Court of Appeals, Fifth Circuit.

April 17, 2007.

James Lee Turner, Assistant U.S. Attorney, U.S. Attorney’s Office Southern Dis*231trict of Texas, Houston, TX, for Plaintiff-Appellee.

Marjorie A Meyers, Federal Public Defender, Federal Public Defender’s Office Southern District of Texas, Houston, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, BENAVIDES, and PRADO, Circuit Judges.

PER CURIAM: *

Rodolfo Acosta-Orellana appeals his sentence following his guilty-plea conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326. Acosta-Orel-lana argues that the district court erroneously characterized his state conviction for simple possession of heroin as an aggravated felony, which increased his offense level by eight pursuant to U.S.S.G. § 2L1.2(b)(l)(C). We review Acosta-Orel-lana’s challenge to the district court’s application of the Sentencing Guidelines de novo. *See United States v. Villegas,*404 F.3d 355, 359-61 (5th Cir.2005).

In the light of the Supreme Court’s recent decision in *Lopez v. Gonzales,*— U.S.—, 127 S.Ct. 625, 166 L.Ed.2d 462 (2006), Acosta-Orellana’s argument has merit. *See United States v. Estrada-Mendoza,*475 F.3d 258, 259-61 (5th Cir. 2007). Accordingly, Acosta-Orellana’s sentence is vacated, and the case is remanded for resentencing in light of *Lopez.*

CONVICTION AFFIRMED; SENTENCE VACATED AND REMANDED FOR RESENTENCING.

*

 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.
SERVICER COMPLIANCE STATEMENT OF
 CELLCO PARTNERSHIP
 
 I, Kee Chan Sin, certify that:
 
 (a)  A review
        of Cellco Partnership’s activities and of its performance under the Transfer and Servicing Agreement, dated as of October 8, 2019 (the “Transfer and Servicing Agreement”), among Verizon ABS LLC, as depositor, Cellco Partnership d/b/a Verizon
        Wireless, as servicer (in such capacity, the “Servicer”), marketing agent and custodian, and Verizon Owner Trust 2019-C, as issuer, during the period from January 1, 2021 to December 31, 2021 has been made under my supervision.
 
 (b)  To the
        best of my knowledge, based on such review, the Servicer has fulfilled all of its obligations under the Transfer and Servicing Agreement in all material respects throughout the period from January 1, 2021 to December 31, 2021.
 
  By:   /s/ Kee Chan Sin
 Kee Chan Sin
 Vice President and Assistant Treasurer
 Cellco Partnership, as Servicer of Verizon Owner Trust 2019-C
[Federal Register Volume 69, Number 233 (Monday, December 6, 2004)]
[Notices]
[Page 70457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26711]


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

FEDERAL RESERVE SYSTEM


Formations of, Acquisitions by, and Mergers of Bank Holding 
Companies

    The companies listed in this notice have applied to the Board for 
approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 
1841 et seq.) (BHC Act), Regulation Y (12 CFR Part 225), and all other 
applicable statutes and regulations to become a bank holding company 
and/or to acquire the assets or the ownership of, control of, or the 
power to vote shares of a bank or bank holding company and all of the 
banks and nonbanking companies owned by the bank holding company, 
including the companies listed below.
    The applications listed below, as well as other related filings 
required by the Board, are available for immediate inspection at the 
Federal Reserve Bank indicated. The application also will be available 
for inspection at the offices of the Board of Governors. Interested 
persons may express their views in writing on the standards enumerated 
in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the 
acquisition of a nonbanking company, the review also includes whether 
the acquisition of the nonbanking company complies with the standards 
in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, 
nonbanking activities will be conducted throughout the United States. 
Additional information on all bank holding companies may be obtained 
from the National Information Center website at www.ffiec.gov/nic/.
    Unless otherwise noted, comments regarding each of these 
applications must be received at the Reserve Bank indicated or the 
offices of the Board of Governors not later than December 30, 2004.
    A. Federal Reserve Bank of San Francisco (Tracy Basinger, Director, 
Regional and Community Bank Group) 101 Market Street, San Francisco, 
California 94105-1579:
    1. Great Western Bancorp, Inc., Phoenix, Arizona; to become a bank 
holding company by acquiring at least 45 percent of the voting shares 
of Western National Bank, Phoenix, Arizona (in organization).

    Board of Governors of the Federal Reserve System, November 30, 
2004.
Robert deV. Frierson,
Deputy Secretary of the Board.
[FR Doc. 04-26711 Filed 12-3-04; 8:45 am]
BILLING CODE 6210-01-S
### §§3256 to 3259. Omitted

#### **Editorial Notes**

#### Codification

Sections 3256 to 3259 were omitted in the general amendment of the Solid Waste Disposal Act by Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2795.

Section 3256, Pub. L. 89–272, title II, §213, formerly §207, Oct. 20, 1965, 79 Stat. 1000, renumbered Pub. L. 91–512, title I, §104(b), Oct. 26, 1970, 84 Stat. 1229, set the labor standards for construction projects funded by grants under this chapter. See section 6979 of this title.

Section 3257, Pub. L. 89–272, title II, §214, formerly §208, Oct. 20, 1965, 79 Stat. 1000, renumbered Pub. L. 91–512, title I, §104(b), Oct. 26, 1970, 84 Stat. 1229, prohibited a construction of this chapter which might supersede or limit the authorities and responsibilities of Federal officers under other provisions of law. See section 6905 of this title.

Section 3258, Pub. L. 89–272, title II, §215, formerly §209, Oct. 20, 1965, 79 Stat. 1001, renumbered and amended Pub. L. 91–512, title I, §104(b), (c), Oct. 26, 1970, 84 Stat. 1229, 1233, 1234, provided for mode of payments and prohibited making of grants to profitmaking organizations. See section 6978 of this title.

Section 3259, Pub. L. 89–272, title II, §216, formerly §210, Oct. 20, 1965, 79 Stat. 1001, amended Pub. L. 90–574, title V, §506, Oct. 15, 1968, 82 Stat. 1013, and renumbered and amended Pub. L. 91–512, title I, §§104(b), 105, Oct. 26, 1970, 84 Stat. 1229, 1234; Pub. L. 93–14, §1, Apr. 9, 1973, 87 Stat. 11; Pub. L. 93–611, Jan. 2, 1975, 88 Stat. 1974, authorized appropriations. See section 6987 of this title.
### §283a–1. Annual reporting to prevent fraud and abuse

#### (a) Whistleblower complaints

#### (1) In general

On an annual basis, the Director of NIH shall submit to the Inspector General of the Department of Health and Human Services, the Secretary, the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate a report summarizing the activities of the National Institutes of Health relating to whistleblower complaints.

#### (2) Contents

For each whistleblower complaint pending during the year for which a report is submitted under this subsection, the report shall identify the following:

(A) Each agency of the National Institutes of Health involved.

(B) The status of the complaint.

(C) The resolution of the complaint to date.

#### (b) First report

The first report under subsection (a) shall be submitted not later than 1 year after January 15, 2007.

(July 1, 1944, ch. 373, title IV, §403B, as added Pub. L. 109–482, title I, §104(a)(3), Jan. 15, 2007, 120 Stat. 3691; amended Pub. L. 114–255, div. A, title II, §2042(b), Dec. 13, 2016, 130 Stat. 1073.)

#### **Editorial Notes**

#### Amendments

2016—Subsecs. (b), (c). Pub. L. 114–255 redesignated subsec. (c) as (b), substituted "subsection (a)" for "subsections (a) and (b)", and struck out former subsec. (b), which related to annual report by the Director of NIH on experts and consultants whose services were obtained by the National Institutes of Health or its agencies.

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

#### Effective Date

Section applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109–482, set out as an Effective Date of 2007 Amendment note under section 281 of this title.
### §300w–2. Payments under allotments to States

(a)(1) For each fiscal year, the Secretary shall make payments, as provided by section 6503(a) of title 31, to each State from its allotment under section 300w–1 of this title (other than any amount reserved under section 300w–1(d) of this title) from amounts appropriated for that fiscal year.

(2) Any amount paid to a State for a fiscal year and remaining unobligated at the end of such year shall remain available for the next fiscal year to such State for the purposes for which it was made.

(b) The Secretary, at the request of a State, may reduce the amount of payments under subsection (a) by—

(1) the fair market value of any supplies or equipment furnished the State, and

(2) the amount of the pay, allowances, and travel expenses of any officer or employee of the Government when detailed to the State and the amount of any other costs incurred in connection with the detail of such officer or employee,

when the furnishing of supplies or equipment or the detail of an officer or employee is for the convenience of and at the request of the State and for the purpose of conducting activities described in section 300w–3 of this title. The amount by which any payment is so reduced shall be available for payment by the Secretary of the costs incurred in furnishing the supplies or equipment or in detailing the personnel, on which the reduction of the payment is based, and the amount shall be deemed to be part of the payment and shall be deemed to have been paid to the State.

(July 1, 1944, ch. 373, title XIX, §1903, as added Pub. L. 97–35, title IX, §901, Aug. 13, 1981, 95 Stat. 537.)

#### **Editorial Notes**

#### Codification

In subsec. (a)(1), "section 6503(a) of title 31" substituted for "section 203 of the Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4213)" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

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

#### Effective Date

Section effective Oct. 1, 1981, see section 901 of Pub. L. 97–35, set out in part as a note under section 300w of this title.
### §300ff–138. Miscellaneous provisions

#### (a) Liability of medical facilities, designated officers, public health officers, and governing entities

This part may not be construed to authorize any cause of action for damages or any civil penalty against any medical facility, any designated officer, any other public health officer, or any governing entity of such facility or officer for failure to comply with the duties established in this part.

#### (b) Testing

This part may not, with respect to victims of emergencies, be construed to authorize or require a medical facility to test any such victim for any infectious disease.

#### (c) Confidentiality

This part may not be construed to authorize or require any medical facility, any designated officer of emergency response employees, or any such employee, to disclose identifying information with respect to a victim of an emergency or with respect to an emergency response employee.

#### (d) Failure to provide emergency services

This part may not be construed to authorize any emergency response employee to fail to respond, or to deny services, to any victim of an emergency.

#### (e) Notification and reporting deadlines

In any case in which the Secretary determines that, wholly or partially as a result of a public health emergency that has been determined pursuant to section 247d(a) of this title, individuals or public or private entities are unable to comply with the requirements of this part, the Secretary may, notwithstanding any other provision of law, temporarily suspend, in whole or in part, the requirements of this part as the circumstances reasonably require. Before or promptly after such a suspension, the Secretary shall notify the Congress of such action and publish in the Federal Register a notice of the suspension.

#### (f) Continued application of State and local law

Nothing in this part shall be construed to limit the application of State or local laws that require the provision of data to public health authorities.

(July 1, 1944, ch. 373, title XXVI, §2695G, as added Pub. L. 111–87, §13, Oct. 30, 2009, 123 Stat. 2902.)

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

#### Effective Date

Section effective as if enacted on Sept. 30, 2009, see section 2(a)(3)(B) of Pub. L. 111–87, set out as an Effective Date of 2009 Amendment; Revival of Section note under section 300ff–11 of this title.
Exhibit 32.1



Section 1350 certification of Chief Executive Officer





I, Joseph V. Vittoria, Chief Executive Officer of Puradyn Filter Technologies Incorporated (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



1.
        The Quarterly Report on Form 10-Q of the Company for the six months ended June 30, 2008 (the Report) fully complies with the requirements of Section 13(a) 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.




August 14, 2008/s/ Joseph V. VittoriaName:Title:
        Joseph V. VittoriaChairman and Chief Executive Officer






A signed original of this written statement required by Section 906, or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement 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.



---