alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 35.39 Appeal to authority head. ( a ) Any defendant who has filed a timely answer and who is determined in an initial decision to be liable for a civil penalty or assessment may appeal such decision to the authority head by filing a notice of appeal with the authority head in accordance with this section.
( b ) ( 1 ) No notice of appeal may be filed until the time period for filing a motion for reconsideration under § 35.38 has expired.
( 2 ) If a motion for reconsideration is timely filed, a notice of appeal must be filed within 30 days after the ALJ denies the motion or issues a revised initial decision, whichever applies.
( 3 ) If no motion for reconsideration is timely filed, a notice of appeal must be filed within 30 days after the ALJ issues the initial decision.
( 4 ) The authority head may extend the initial 30-day period for an additional 30 days if the defendant files with the authority head a request for an extension within the initial 30-day period and shows good cause.
( c ) If the defendant files a timely notice of appeal with the authority head and the time for filing motions for reconsideration under § 35.38 has expired, the ALJ shall forward the record of the proceeding to the authority head.
( d ) A notice of appeal shall be accompanied by a written brief specifying exceptions to the initial decision and reasons supporting the exceptions.
( e ) The representative for the Government may file a brief in opposition to exceptions within 30 days of receiving the notice of appeal and accompanying brief.
( f ) There is no right to appear personally before the authority head.
( g ) There is no right to appeal any interlocutory ruling by the ALJ.
( h ) In reviewing the initial decision, the authority head shall not consider any objection that was not raised before the ALJ unless a demonstration is any objection that was not raised before the ALJ unless a demonstration is made of extraordinary circumstances causing the failure to raise the objection.
( i ) If any party demonstrates to the satisfaction of the authority head that additional evidence not presented at such hearing is material and that there were reasonable grounds for the failure to present such evidence at such hearing, the authority head shall remand the matter to the ALJ for consideration of such additional evidence.
( j ) The authority head may affirm, reduce, reverse, compromise, remand, or settle any penalty or assessment, determined by the ALJ in any initial decision.
( k ) The authority head shall promptly serve each party to the appeal with a copy of the decision of the authority head and a statement describing the right of the defendant to seek judicial review.
( l ) Unless a petition for review is filed as provided in 31 U.S.C. 3805 after a defendant has exhausted all administrative remedies under this part and within 60 days after the date on which the authority head serves the defendant with a copy of the authority head's decision, a determination that a defendant is liable under § 35.3 is final and is not subject to judicial review.
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STIPULATION AND PROPOSED ORDER

Case No. C 08-04166 SI

sf-2843719

ANDREW E. MONACH (CA SBN 087891)

AMonach@mofo.com

MORRISON & FOERSTER LLP

425 Market Street

San Francisco, California 94105-2482

Telephone: 415.268.7000

Facsimile: 415.268.7522

COLETTE R. VERKUIL (CA SBN 263630)

CVerkuil@mofo.com

JANA G. GOLD (CA SBN 154246)

JGold@mofo.com

RICHARD S. BALLINGER (CA SBN 223655)

RBallinger@mofo.com

JEFFREY E. DANLEY (CA SBN 238316)

JDanley@mofo.com

MORRISON & FOERSTER LLP

755 Page Mill Road

Palo Alto, California 94304-1018

Telephone: 650.813.5600

Facsimile: 650.494.0792

Attorneys for Defendants

ADOBE SYSTEMS, INC. AND ADOBE MACROMEDIA 

SOFTWARE LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN FRANCISCO DIVISION

THINKVILLAGE-KIWI, LLC,

Plaintiff,

v.

ADOBE SYSTEMS, INC. and ADOBE 

MACROMEDIA SOFTWARE LLC,

Defendants.

Case No. C 08-04166 SI

STIPULATION AND 

PROPOSED ORDER

Case 3:08-cv-04166-SI Document 240 Filed 05/19/10 Page 1 of 3
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STIPULATION AND PROPOSED ORDER

Case No. C 08-04166 SI 1

sf-2843719

The parties hereto, through their respective counsel, hereby provide notice to the Court 

that they have agreed to the terms of a settlement of this action that they will memorialize in a 

more detailed and formal written agreement, and stipulate as follows:

1. That the trial set for June 14, 2010 and all pretrial filing deadlines and the Pretrial 

Conference set for June 2, 2010 be taken off calendar;

2. That all pending motions by both sides be withdrawn; and

3. That a further Case Management Conference be set for July 2, 2010 at 3:00 p.m.,

to be held only in the event that the parties have not filed a Notice of Dismissal prior to that date.

Dated: May 13, 2010 MORRISON & FOERSTER LLP

By:

 /s/ Andrew E. Monach

Attorneys for Defendants

ADOBE SYSTEMS, INC. AND

ADOBE MACROMEDIA 

SOFTWARE LLC

Dated: May 13, 2010 NIRO, HALLER & NIRO

By:

 /s/ David J. Sheikh

Attorneys for Plaintiffs

THINKVILLAGE-KIWI, LLC

SO ORDERED:

Dated: ____________________________________

The Honorable Susan Illston

Case 3:08-cv-04166-SI Document 240 Filed 05/19/10 Page 2 of 3
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STIPULATION AND PROPOSED ORDER

Case No. C 08-04166 SI 2

sf-2843719

GENERAL ORDER 45 ATTESTATION

I, Andrew E. Monach, am the ECF User whose ID and password are being used to file this 

STIPULATION AND [PROPOSED] ORDER on behalf of David J. Sheikh. In compliance with 

General Order 45, X.B., I hereby attest that David J. Sheikh has concurred in this filing. 

/s / Andrew E. Monach

 Andrew E. Monach

Case 3:08-cv-04166-SI Document 240 Filed 05/19/10 Page 3 of 3
Exhibit 10.4


 


FIRST AMENDMENT


TO THE


ATLANTIC SOUTHERN BANK


SUPPLEMENTAL EXECUTIVE RETIREMENT AGREEMENT


DATED MARCH 30, 2010


FOR


ED LOOMIS


 


THIS
FIRST AMENDMENT is adopted this
         day of
                                ,
20    , by and between ATLANTIC SOUTHERN BANK, a
state-chartered commercial bank located in Macon, Georgia (the “Employer”), and
Ed Loomis (the “Executive”).


 


The
Employer and the Executive executed the Salary Continuation Agreement on March 30,
2010 (the “Agreement”).


 


The
undersigned hereby amend the Agreement for the purpose of changing the
respective benefit amounts due upon Separation from Service or death to be Zero
Dollars ($0.00).  Pursuant to Section 3
of the Agreement, the parties mutually agree to this amendment and no further
consideration shall be exchanged by the parties in lieu of the benefits
voluntarily relinquished by the Executive hereunder.


 


Therefore,
the following changes shall be made:


 


The dollar amount in the last sentence of Section 2(a) shall
be changed from Nine Thousand One Hundred and Sixty-Seven Dollars ($9,167.00)
to Zero Dollars ($0).


 


IN WITNESS OF THE ABOVE, the Employer and the
Executive hereby consent to this First Amendment.


 


	
  Executive:

  	
  Company:

  
	
   

  	
  ATLANTIC
  SOUTHERN BANK

  
	
   

  	
   

  
	
   

  	
   

  	
  By

  	
   

  
	
  Ed
  Loomis

  	
  Title
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<LEGEND> This schedule contains summary financial information extracted from
the financial statements of Tice Technology, Inc. for the period ended 12/31/98
and is qualified in its entirety by reference to such financial statements.
</LEGEND>
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                         MAR-31-1999
<PERIOD-START>                            APR-01-1998
<PERIOD-END>                              DEC-31-1998
<CASH>                                          5,279
<SECURITIES>                                        0         
<RECEIVABLES>                                 154,183
<ALLOWANCES>                                        0
<INVENTORY>                                   354,678
<CURRENT-ASSETS>                              526,610 
<PP&E>                                        770,861
<DEPRECIATION>                                593,774
<TOTAL-ASSETS>                                937,534
<CURRENT-LIABILITIES>                         652,148
<BONDS>                                       701,211
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                       80,934
<OTHER-SE>                                  (466,759)
<TOTAL-LIABILITY-AND-EQUITY>                  937,534
<SALES>                                       503,336 
<TOTAL-REVENUES>                              614,891
<CGS>                                               0         
<TOTAL-COSTS>                                 966,087 
<OTHER-EXPENSES>                                    0
<LOSS-PROVISION>                                    0
<INTEREST-EXPENSE>                             70,616
<INCOME-PRETAX>                             (414,945)
<INCOME-TAX>                                   11,155
<INCOME-CONTINUING>                         (426,100)
<DISCONTINUED>                                      0 
<EXTRAORDINARY>                                     0
<CHANGES>                                           0 
<NET-INCOME>                                (426,100)
<EPS-PRIMARY>                                  (0.06)
<EPS-DILUTED>                                  (0.06)
        

</TABLE>
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2482 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2482

       To suspend temporarily the duty on certain bicycle parts.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2005

Mr. Blumenauer introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
       To suspend temporarily the duty on certain bicycle parts.

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

SECTION 1. CERTAIN BICYCLE PARTS.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.87.17      Crank gear and      Free         No change        No change        On or before 12/  ''.
                         parts (other than                                                  31/2008
                         cotterless crank
                         sets and parts
                         thereof)
                         (provided for in
                         subheading
                         8714.96.90)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
#### In the Matter of Ann Perry, Also Known as Trixie, et al., Petitioners, v Francis Vogt, as County Court Judge of Ulster County and Temporarily Assigned Acting Supreme Court Judge in Albany County, et al., Respondents.

Application, pursuant to CPLR article 78, for relief in the nature of prohibition, denied, without costs, and petition dated April 27, 1978 dismissed (see *Matter of People v Conway,*62 AD2d 1107). Mahoney, P. J., Sweeney, Staley, Jr., Larkin and Herlihy, JJ., concur.
I 

109TH CONGRESS 

1ST SESSION H. R. 2515 

To authorize an annual appropriation of $10,000,000 for mental health courts 

through fiscal year 2011. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2005 

Mr. STRICKLAND introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To authorize an annual appropriation of $10,000,000 for 

mental health courts through fiscal year 2011. 

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

3 SECTION 1. AUTHORIZATION OF APPROPRIATIONS. 

4 Section 1001(a)(20) of title I of the Omnibus Crime 

5 Control and Safe Streets Act of 1968 (42 U.S.C. 

6 3793(a)(20)) is amended by striking ‘‘fiscal years 2001 

7 through 2004’’ and inserting ‘‘fiscal years 2006 through 

8 2011’’. 

Æ
*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.

United States Court of Appeals

Fifth Circuit

FILED

February 4, 2004

Charles R. Fulbruge III

Clerk

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-30669

Summary Calendar

 

RODERICK PRESIDENT,

Plaintiff-Appellant,

versus

RICHARD L. STADLER, Individually,

and in His Official Capacity; 

BARON KAYLO, Individually and in His 

Official Capacity; STORE MANAGER 

AVOYELLES CORRECTIONAL CENTER, 

Individually and in His Official 

Capacity; CLYDE BENSON, Individually 

and in His Official Capacity,

Defendants-Appellees.

 

Appeal from the United States District Court

for the Western District of Louisiana

USDC No. 01-CV-655

 

Before GARWOOD, EMILIO M. GARZA and BENAVIDES, Circuit Judges. 

PER CURIAM:*

Louisiana prisoner Roderick President appeals from the summary

judgment dismissal of his 42 U.S.C. § 1983 complaint alleging that
2

he had been detrimentally exposed to environmental tobacco smoke.

In dismissing his complaint, the district court ruled that

President had not propounded either evidence suggesting that the

exposure was the cause of his various ailments or evidence

suggesting that recent changes to his prison’s smoking policy were

ineffective. We affirm.

President has filed before this court on appeal affidavits of

several inmates, including himself, in an attempt to show that the

prison’s smoking policy is not enforced. These affidavits,

however, do not appear in the record, and they are not referenced

therein. As the affidavits were not before the district court, we

will not consider them now as part of President’s summary judgment

evidence. See Munoz v. Orr, 200 F.3d 291, 303 (5th Cir. 2000).

Moreover, because President gives no explanation, either in his

briefs on appeal or in the record before the district court, as to

why he could not file these affidavits, including his own, before

the district court in support of his claim, the district court’s

failure to grant President’s Rule 56(f) motion was not abuse of

discretion. See Beattie v. Madison County Sch. Dist., 254 F.3d

595, 605–06 (5th Cir. 2001).

Furthermore, because 28 U.S.C. § 1915 does not give the

district court the authority to either pay or waive fees for the

services President requested of the United States Marshals, the

district court properly denied President’s motion for leave to
1 A test designed to measure the amount of nicotine a person has inhaled.

We also observe that there is nothing to suggest that the results of this test

could alone suffice to authorize the granting of any relief. 

3

perform a cotinine test.1 See Pedraza v. Jones, 71 F.3d 194, 196

(5th Cir. 1995).

AFFIRMED.
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORN

I

A

Submitting counsel are

directed to serve this 

order upon all other 

non-efiling parties 

in this action.

Case 3:08-cv-02454-SI Document 36 Filed 06/15/10 Page 1 of 3
Case 3:08-cv-02454-SI Document 36 Filed 06/15/10 Page 2 of 3
Case 3:08-cv-02454-SI Document 36 Filed 06/15/10 Page 3 of 3
```

[106th Congress Public Law 295]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ295.106]

[[Page 114 STAT. 1043]]

Public Law 106-295
106th Congress

                                 An Act

 
   To <<NOTE: Oct. 13, 2000 -  [H.R. 1162]>>  designate the bridge on 
   United States Route 231 that crosses the Ohio River between Maceo, 
 Kentucky, and Rockport, Indiana, as the ``William H. Natcher Bridge''.

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

SECTION 1. DESIGNATION.

    The bridge on United States Route 231 that crosses the Ohio River 
between Maceo, Kentucky, and Rockport, Indiana, shall be known and 
designated as the ``William H. Natcher Bridge''.

SEC. 2. REFERENCES.

    Any reference in a law, map, regulation, document, paper, or other 
record of the United States to the bridge referred to in section 1 shall 
be deemed to be a reference to the ``William H. Natcher Bridge''.

    Approved October 13, 2000.

LEGISLATIVE HISTORY--H.R. 1162:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 106-112 (Comm. on Transportation and Infrastructure).
CONGRESSIONAL RECORD:
                                                        Vol. 145 (1999):
                                    May 4, considered and passed House.
                                                        Vol. 146 (2000):
                                    Oct. 4, considered and passed 
                                        Senate.

                                  <all>
```
### §4974. Repealed. Pub. L. 103–82, title III, §329, Sept. 21, 1993, 107 Stat. 902

Section, Pub. L. 93–113, title I, §114, Oct. 1, 1973, 87 Stat. 400; Pub. L. 94–293, §2, May 27, 1976, 90 Stat. 525; Pub. L. 96–143, §6, Dec. 13, 1979, 93 Stat. 1075; Pub. L. 97–35, title VI, §608(a), Aug. 13, 1981, 95 Stat. 487; Pub. L. 98–288, §10, May 21, 1984, 98 Stat. 191; Pub. L. 99–551, §10(i)(3), Oct. 27, 1986, 100 Stat. 3078; Pub. L. 101–204, title II, §201(3), Dec. 7, 1989, 103 Stat. 1813, related to student community service programs.

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

#### Effective Date of Repeal

Repeal effective Oct. 1, 1993, see section 392 of Pub. L. 103–82, set out as an Effective Date of 1993 Amendment note under section 4951 of this title.
I 

112TH CONGRESS 

2D SESSION H. R. 4379 

To amend title IV of the Social Security Act to permit States to exempt 

single parents with children under 60 months of age from TANF participation rate requirements. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 18, 2012 

Mr. STARK (for himself, Mr. LEWIS of Georgia, Ms. MOORE, Ms. LEE of California, Mr. MCDERMOTT, Ms. WOOLSEY, Ms. SCHAKOWSKY, Ms. 

DELAURO, Mrs. MALONEY, Mr. JACKSON of Illinois, Ms. RICHARDSON, 

Ms. NORTON, Mr. CONYERS, Mr. DAVIS of Illinois, and Mr. RUSH) introduced the following bill; which was referred to the Committee on Ways 

and Means, and in addition to the Committee on Education and the 

Workforce, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend title IV of the Social Security Act to permit 

States to exempt single parents with children under 60 

months of age from TANF participation rate requirements. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Women’s Option to 

5 Raise Kids Act’’. 


jbell on DSK7SPTVN1PROD with BILLS
2 

•HR 4379 IH

1 SEC. 2. INCREASED AGE LIMIT FOR EXEMPTION FROM 

2 TANF PARTICIPATION RATE REQUIREMENTS. 

3 (a) IN GENERAL.—Section 407(b)(5) of the Social 

4 Security Act (42 U.S.C. 607(b)(5)) is amended by striking 

5 ‘‘12 months’’ each place it appears and inserting ‘‘36 

6 months’’. 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 subsection (a) shall apply to fiscal years beginning after 

9 fiscal year 2012. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS
#### In the Matter of the City of New York, Appellant, Relative to Acquiring Title to Real Property for Bruckner Boulevard Expressway. Michael J. De Gregoris et al., Respondents.

Motion for an extension of time granted insofar as to extend the time for petitioner appellant to serve and file the record on appeal and appellant’s points to and including October 4, 1960, with notice of argument for the November 1960 Term of this court, said appeal to be argued or submitted when reached.
I 

109TH CONGRESS 

1ST SESSION H. R. 2481 

To suspend temporarily the duty on certain bicycle parts. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2005 

Mr. BLUMENAUER introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on certain bicycle parts. 

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

3 SECTION 1. CERTAIN BICYCLE PARTS. 

4 (a) IN GENERAL.—Subchapter II of chapter 99 of 

5 the Harmonized Tariff Schedule of the United States is 

6 amended by inserting in numerical sequence the following 

7 new heading: 

‘‘ 9902.87.16 Bicycle wheel rims (provided 

for in subheading 

8714.92.10) ......................... Free No change No change On or before 

12/31/2008 ’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 
2 

•HR 2481 IH 

1 warehouse for consumption, on or after the 15th day after 

2 the date of the enactment of this Act. 

Æ
United States District Court

For the Northern District of California

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United States District Court

For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

VECTREN COMMUNICATIONS SERVICES,

Plaintiff,

 v.

CITY OF ALAMEDA,

Defendant. /

No. C 08-03137 SI

JUDGMENT

This action came on for trial before the jury, the Honorable Susan Illston, United States District

Judge presiding. The issues having been tried before the Court and special verdict rendered on March

8, 2010. 

IT IS ORDERED AND ADJUDGED that pursuant to the findings, judgment shall be entered

in favor of Vectren Communications Services and against City of Alameda. 

IT IS SO ORDERED.

Dated: 

SUSAN ILLSTON

United States District Judge

Case 3:08-cv-03137-SI Document 216 Filed 03/09/10 Page 1 of 1
TREATIES AND OTHER INTERNATIONAL ACTS SERIES 05-824 

________________________________________________________________________ 

ENVIRONMENTAL COOPERATION 

GLOBE Program 

 Agreement between the 

UNITED STATES OF AMERICA 

and ETHIOPIA 

Signed at Addis Ababa August 24, 2005 
 NOTE BY THE DEPARTMENT OF STATE 

 Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)—

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

 evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
ETHIOPIA 

Environmental Cooperation: GLOBE Program 

Agreement signed at Addis Ababa August 24, 2005; 

 Entered into force August 24, 2005.