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

FOR THE NORTHERN DISTRICT OF CALIFORNIA

MICHAEL DRUMM,

Plaintiff,

v.

MORNINGSTAR, INC.,

Defendant.

NO. C08-03362 TEH

ORDER CONTINUINGHEARING

By stipulation of the parties, the Court is scheduled to hear Plaintiff’s Motion to Alter

or Amend Judgment Under Rule 59(e) or in the Alternative for Judgment as a Matter of Law

Under Rule 50, Plaintiff’s Motion for Attorneys’ Fees and Costs, and Defendant’s Motion for

Attorney’s Fees on January 11, 2010.  To accommodate the Court’s calendar, the hearing is

CONTINUED to Monday, February 1, 2010, at 10:00am.

IT IS SO ORDERED.

Dated: 1/4/10                                                                         THELTON E. HENDERSON, JUDGEUNITED STATES DISTRICT COURT

Case 3:08-cv-03362-TEH   Document 197   Filed 01/04/10   Page 1 of 1

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§ 35.37 Initial decision. ( a ) The ALJ shall issue an initial decision based only on the record, which shall contain findings of fact, conclusions of law, and the amount of any penalties and assessments imposed.
( b ) The findings of fact shall include a finding on each of the following issues: ( 1 ) Whether the claims or statements identified in the complaint, or any portions thereof, violate § 35.3; and
( 2 ) If the person is liable for penalties or assessments, the appropriate amount of any such penalties or assessments considering any mitigating or aggravating factors that he or she finds in the case, such as those described in § 35.31.
( c ) The ALJ shall promptly serve the initial decision on all parties within 90 days after the time for submission of post-hearing briefs and reply briefs (if permitted) has expired. The ALJ shall at the same time serve all defendants with a statement describing the right of any defendant determined to be liable for a civil penalty or assessment to file a motion for reconsideration with the ALJ or a notice of appeal with the authority head. If the ALJ fails to meet the deadline contained in this paragraph, he or she shall notify the parties of the reason for the delay and shall set a new deadline.
( d ) Unless the initial decision of the ALJ is timely appealed to the authority head, or a motion for reconsideration of the initial decision is timely filed, the initial decision shall constitute the final decision of the authority head and shall be final and binding on the parties 30 days after it is issued by the ALJ.
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1g:\bzall\-refs\refs.2010\Consumer Continue SC.wpd

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CONSUMER SOLUTIONS REO, LLC, 

Plaintiff(s),

v.

RUTHIE B. HILLERY, et al.

Defendant(s).

))))))))))))))))

No. C08-4357 EMC (BZ)

ORDER CONTINUING SETTLEMENT CONFERENCE

You are hereby notified that the settlement conference

presently scheduled for, Thursday, February 4, 2010, at 

9:00 a.m., is CONTINUED to Tuesday, May 11, 2010 at 9:00 a.m.,

in Courtroom G, 15th Floor, Federal Building, 450 Golden Gate

Avenue, San Francisco, California 94102.  The settlement

conference order otherwise remains in full force and effect.

Dated: January 27, 2010

     Bernard Zimmerman

United States Magistrate Judge

Case 3:08-cv-04357-EMC   Document 109   Filed 01/27/10   Page 1 of 1

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      - US GPO, Washington, DC 20401
      - Superintendent of Documents
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### §3505d. National Health Professional Shortage Clearinghouse

#### (a) Establishment; function

There is established in the Department of Health and Human Services a National Health Professional Shortage Clearinghouse. It shall be the function of the Clearinghouse to provide information to, and maintain listings of, (1) communities and areas with health professional needs, and (2) prospective health workers interested in such opportunities.

#### (b) Information and listing services available without charge

Information and listing services performed by the Clearinghouse shall be provided free of charge to all interested health professionals and to all communities and groups within the areas determined by the Secretary under section 294n(f) 1 of this title to have a shortage of and need for health professionals.

#### (c) Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to establish, operate, and maintain the Clearinghouse created by subsection (a).

(Pub. L. 92–157, title II, §202, Nov. 18, 1971, 85 Stat. 461; Pub. L. 96–88, title V, §509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 101–597, title IV, §401(d), Nov. 16, 1990, 104 Stat. 3035.)

#### **Editorial Notes**

#### References in Text

Section 294n of this title, referred to in subsec. (b), was in the original a reference to section 741 of act July 1, 1944. Section 741 of that Act was omitted in the general revision of subchapter V of this chapter by Pub. L. 102–408, title I, §102, Oct. 13, 1992, 106 Stat. 1994. Pub. L. 102–408 enacted a new section 776 of act July 1, 1944, relating to acquired immune deficiency syndrome, which was classified to section 294n of this title and was subsequently renumbered section 2692 and transferred to section 300ff–111 of this title.

#### Amendments

1990—Pub. L. 101–597 substituted "National Health Professional Shortage Clearinghouse" for "National Health Manpower Shortage Clearinghouse" in section catchline and subsec. (a).

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

#### Change of Name

"Department of Health and Human Services" substituted for "Department of Health, Education, and Welfare" in subsec. (a) pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

1 See References in Text note below.
### §4032. Treatment of swimming pool enclosures outside of hurricane season

#### (a) In general

Notwithstanding any other provision of law, including the adequate land use and control measures developed pursuant to section 4102 of this title and applicable to non-one- and two-family structures located within coastal areas, as identified by the Administrator, the following may be permitted:

(1) Nonsupporting breakaway walls in the space below the lowest elevated floor of a building, if the space is used solely for a swimming pool between November 30 and June 1 of any year, in an area designated as Zone V on a flood insurance rate map.

(2) Openings in walls in the space below the lowest elevated floor of a building, if the space is used solely for a swimming pool between November 30 and June 1 of any year, in an area designated as Zone A on a flood insurance rate map.

#### (b) Rule of construction

Nothing in subsection (a) shall be construed to alter the terms and conditions of eligibility and insurability of coverage for a building under the standard flood insurance policy under the national flood insurance program.

(Pub. L. 90–448, title XIII, §1325, as added Pub. L. 112–141, div. F, title II, §100242, July 6, 2012, 126 Stat. 962.)
### §3543. Preventing fraud and abuse in Department of Housing and Urban Development programs

#### (a) Disclosure of social security account number

As a condition of initial or continuing eligibility for participation in any program of the Department of Housing and Urban Development involving loans, grants, interest or rental assistance of any kind, or mortgage or loan insurance, and to ensure that the level of benefits provided under such programs is proper, the Secretary of Housing and Urban Development may require that an applicant or participant (including members of the household of an applicant or participant) disclose his or her social security account number or employer identification number to the Secretary.

#### (b) Definitions

For purposes of this section, the terms "applicant" and "participant" shall have such meanings as the Secretary of Housing and Urban Development by regulation shall prescribe. Such terms shall not include persons whose involvement is only in their official capacity, such as State or local government officials or officers of lending institutions.

(Pub. L. 100–242, title I, §165, Feb. 5, 1988, 101 Stat. 1864.)

#### **Editorial Notes**

#### Codification

Section was enacted as part of the Housing and Community Development Act of 1987, and not as part of the Department of Housing and Urban Development Act which comprises this chapter.
<PAGE>
 
Exhibit 11

ALLIN COMMUNICATIONS CORPORATION

CALCULATION OF NET LOSS PER COMMON SHARE

                  (Dollars in thousands, except per share data)

<TABLE>
<CAPTION>
                                                   Three Months   Three Months         Six Months       Six Months
                                                      Ended          Ended                Ended            Ended
                                                    June 30,        June 30,             June 30,         June 30,
                                                      1996            1997                1996             1997
                                                   ----------       ---------          ----------       ----------
<S>                                                <C>            <C>                 <C>              <C>
Net loss                                           $  (1,612)       $ (3,152)         $   (2,512)      $   (5,744)
                                                                                                        
Accretion and dividends on preferred stock               ---              55                 ---              119
                                                   ----------       ---------          ----------       ----------
                                                                                                        
Net loss attributable to common shareholders       $   (1,612)      $  (3,207)        $    (2,512)     $   (5,863)
                                                   ==========       =========          ==========       ==========
                                                                                                        
Net loss per common share                          $    (0.62)      $   (0.62)        $     (0.96)     $    (1.13)
                                                   ==========       =========          ==========       ==========
                                                                                                        
Weighted average common and common equivalent                                                           
          shares outstanding during the period      2,400,000       5,184,067           2,400,000       5,184,067
                                                                                                        
Effect of conversion of preferred stock                                                                 
          issued within one year of the offering      203,385            ---              203,385             ---
                                                   ----------       ---------          ----------       ----------
                                                                                                        
Shares used in calculating net loss per common                                                          
          share                                     2,603,385       5,184,067           2,603,385       5,184,067
                                                   ==========       =========          ==========       ==========

</TABLE>
### §285p–2. Office of Rural Mental Health Research

#### (a) In general

There is established within the Institute an office to be known as the Office of Rural Mental Health Research (hereafter in this section referred to as the "Office"). The Office shall be headed by a director, who shall be appointed by the Director of such Institute from among individuals experienced or knowledgeable in the provision of mental health services in rural areas. The Secretary shall carry out the authorities established in this section acting through the Director of the Office.

#### (b) Coordination of activities

The Director of the Office, in consultation with the Director of the Institute and with the Director of the Office of Rural Health Policy, shall—

(1) coordinate the research activities of the Department of Health and Human Services as such activities relate to the mental health of residents of rural areas; and

(2) coordinate the activities of the Office with similar activities of public and nonprofit private entities.

#### (c) Research, demonstrations, evaluations, and dissemination

The Director of the Office may, with respect to the mental health of adults and children residing in rural areas—

(1) conduct research on conditions that are unique to the residents of rural areas, or more serious or prevalent in such residents;

(2) conduct research on improving the delivery of services in such areas; and

(3) disseminate information to appropriate public and nonprofit private entities.

#### (d) Authority regarding grants and contracts

The Director of the Office may carry out the authorities established in subsection (c) directly and through grants, cooperative agreements, or contracts with public or nonprofit private entities.

(July 1, 1944, ch. 373, title IV, §464T, as added Pub. L. 102–321, title I, §124(b), July 10, 1992, 106 Stat. 365; amended Pub. L. 109–482, title I, §104(b)(1)(L), Jan. 15, 2007, 120 Stat. 3693.)

#### **Editorial Notes**

#### Amendments

2007—Subsec. (e). Pub. L. 109–482 struck out heading and text of subsec. (e). Text read as follows: "Not later than February 1, 1993, and each fiscal year thereafter, the Director shall submit to the Subcommittee on Health and the Environment of the Committee on Energy and Commerce (of the House of Representatives), and to the Committee on Labor and Human Resources (of the Senate), a report describing the activities of the Office during the preceding fiscal year, including a summary of the activities of demonstration projects and a summary of evaluations of the projects."

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

#### Effective Date of 2007 Amendment

Amendment by Pub. L. 109–482 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 a note under section 281 of this title.

#### Effective Date

Section effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of Pub. L. 102–321, set out as an Effective Date of 1992 Amendment note under section 236 of this title.
### §16374. Future growth grants

#### (a) Establishment

The Secretary may provide grants to pay a portion of the cost differential, with respect to any projected future increase in demand for carbon dioxide transportation by an infrastructure project described in subsection (b), between—

(1) the cost of constructing the infrastructure asset with the capacity to transport an increased flow rate of carbon dioxide, as made practicable under the project; and

(2) the cost of constructing the infrastructure asset with the capacity to transport carbon dioxide at the flow rate initially required, based on commitments for the use of the asset.

#### (b) Eligibility

To be eligible to receive a grant under this section, an entity shall—

(1) be eligible to receive credit assistance under the CIFIA program;

(2) carry out, or propose to carry out, a project for large-capacity, common carrier infrastructure with a probable future increase in demand for carbon dioxide transportation; and

(3) submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary determines to be appropriate.

#### (c) Use of funds

A grant provided under this section may be used only to pay the costs of any additional flow rate capacity of a carbon dioxide transportation infrastructure asset that the project sponsor demonstrates to the satisfaction of the Secretary can reasonably be expected to be used during the 20-year period beginning on the date of substantial completion of the project described in subsection (b)(2).

#### (d) Maximum amount

The amount of a grant provided under this section may not exceed an amount equal to 80 percent of the cost of the additional capacity described in subsection (a).

(Pub. L. 109–58, title IX, §999D, as added Pub. L. 117–58, div. D, title III, §40304(a), Nov. 15, 2021, 135 Stat. 998.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 16374, Pub. L. 109–58, title IX, §999D, Aug. 8, 2005, 119 Stat. 922, related to the Ultra-Deepwater Advisory Committee and Unconventional Resources Technology Advisory Committee, prior to repeal by Pub. L. 113–67, div. A, title III, §301(a), Dec. 26, 2013, 127 Stat. 1181.

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

#### Wage Rate Requirements

For provisions relating to rates of wages to be paid to laborers and mechanics on projects for construction, alteration, or repair work funded under div. D or an amendment by div. D of Pub. L. 117–58, including authority of Secretary of Labor, see section 18851 of this title.
§ 35.17 Rights of parties. Except as otherwise limited by this part, all parties may— ( a ) Be accompanied, represented, and advised by a representative;
( b ) Participate in any conference held by the ALJ;
( c ) Conduct discovery;
( d ) Agree to stipulations of fact or law, which shall be made part of the record;
( e ) Present evidence relevant to the issues at the hearing;
( f ) Present and cross-examine witnesses;
( g ) Present oreal arguments at the hearing as permitted by the ALJ; and
( h ) Submit written briefs and proposed findings of fact and conclusions of law after the hearing.
I 

109TH CONGRESS 

1ST SESSION H. R. 2504 

To suspend temporarily the duty on 2-Cyclohexen-1-one, and 2-(1-(((3-chloro2- propenyl)oxy)imino) propyl)-5-(2-(ethylthio) propyl)-3-hydroxy (Clethodim). 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2005 

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

Committee on Ways and Means 

A BILL 

To suspend temporarily the duty on 2-Cyclohexen-1-one, and 

2-(1-(((3-chloro-2- propenyl)oxy)imino) propyl)-5-(2- 

(ethylthio) propyl)-3-hydroxy (Clethodim). 

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

3 SECTION 1. 2-CYCLOHEXEN-1-ONE, AND 2-(1-(((3-CHLORO-2- 

4 PROPENYL)OXY)IMINO) PROPYL)-5-(2- 

5 (ETHYLTHIO) PROPYL)-3-HYDROXY 

6 (CLETHODIM). 

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

8 the Harmonized Tariff Schedule of the United States is 

9 amended by inserting in numerical sequence the following 

10 new heading: 
2 

•HR 2504 IH 

‘‘ 9902.08.14 2-Cyclohexen-1-one, and 2- 

(1-(((3-chloro-2- propenyl)oxy)imino) propyl)-5- 

(2-(ethylthio) propyl)-3-hydroxy (Clethodim) (CAS No. 

99129–21–2) (provided in 

subheading 3808.30.20) ...... Free No change No change On or before 

12/31/2008 ’’. 

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

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

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

4 the date of the enactment of this Act. 

Æ
I 

109TH CONGRESS 

1ST SESSION H. R. 2443 

To extend the temporary suspension of duty on Ammonium Bifluoride. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2005 

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

Committee on Ways and Means 

A BILL 

To extend the temporary suspension of duty on Ammonium 

Bifluoride. 

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

3 SECTION 1. AMMONIUM BIFLUORIDE. 

4 (a) IN GENERAL.—Heading 9902.28.20 of the Har5 monized Tariff Schedule of the United States (relating to 

6 Ammonium Bifluoride) is amended by striking ‘‘12/31/ 

7 2006’’ and inserting ‘‘12/31/2009’’. 

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

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

•HR 2443 IH 

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

2 the date of enactment of this Act. 

Æ
Editorial Note on Part 42
Editorial Note: Nomenclature changes to part 42 appear at 71 FR 34522, June 15, 2006.

§ 42.43 Suspension or termination of action in petition cases. ( a ) *Suspension of action.* The consular officer shall suspend action in a petition case and return the petition, with a report of the facts, for reconsideration by DHS if the petitioner requests suspension of action, or if the officer knows or has reason to believe that approval of the petition was obtained by fraud, misrepresentation, or other unlawful means, or that the beneficiary is not entitled, for some other reason, to the status approved.
( b ) *Termination of action.* ( 1 ) The consular officer shall terminate action in a petition case upon receipt from DHS of notice of revocation of the petition in accordance with DHS regulations.
( 2 ) The consular officer shall terminate action in a petition case subject to the provisions of INA 203(g) in accordance with the provisions of § 42.83.
[56 FR 49682, Oct. 1, 1991]
#### §§ 50.27-50.49 [Reserved]
### §300hh–35. Epidemic forecasting and outbreak analytics

#### (a) In general

The Secretary, acting through the Director of the Centers for Disease Control and Prevention, shall continue activities related to the development of infectious disease outbreak analysis capabilities to enhance the prediction, modeling, and forecasting of potential public health emergencies and other infectious disease outbreaks, which may include activities to support preparedness for, and response to, such emergencies and outbreaks. In carrying out this subsection, the Secretary shall identify strategies to include and leverage, as appropriate, the capabilities to public and private entities, which may include conducting such activities through collaborative partnerships with public and private entities, including academic institutions, and other Federal agencies, consistent with section 247d–4 of this title, as applicable.

#### (b) Considerations

In carrying out subsection (a), the Secretary, acting through the Director of the Centers for Disease Control and Prevention, may consider public health data and, as appropriate, other data sources related to preparedness for, or response to, public health emergencies and infectious disease outbreaks.

#### (c) Annual reports

Not later than 1 year after December 29, 2022, and annually thereafter for each of the subsequent 4 years, the Secretary shall prepare and submit a report, to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives, regarding an update on progress on activities conducted under this section to develop infectious disease outbreak analysis capabilities and any additional information relevant to such efforts.

(July 1, 1944, ch. 373, title XXVIII, §2825, as added Pub. L. 117–328, div. FF, title II, §2214, Dec. 29, 2022, 136 Stat. 5739.)