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

For the Northern District of California

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

PATRICK E. NOEL,

Petitioner,

v.

GREG LEWIS, Warden,

Respondent.

___________________________________/

No. C-08-3777 EMC (PR)

ORDER TO SHOW CAUSE WHY THE

ACTION SHOULD NOT BE DISMISSED

On or before March 14, 2016, Petitioner is ordered to show cause why this action should not

be dismissed. Respondent may, but is not required to, file a response to Petitioner’s filing. 

Respondent’s filing, if any, shall be filed within thirty (30) days after Petitioner has filed his

response to this order. Petitioner may also by March 14, 2016 file a stipulation of dismissal signed

by all parties under Federal Rule of Civil Procedure 41(a). 

This Court granted Petitioner conditional habeas relief on one of his state convictions (Cal.

Penal Code section 186.22(a)) and remanded the matter to the court of conviction (the Mendocino

County Superior Court) for resentencing. The Court is in receipt of a status report from Respondent

showing that Petitioner was resentenced in accordance with this Court’s order. Because habeas

relief has been implemented, all that remains is to dismiss the action and enter judgment. Petitioner 

///

///

///

///

Case 3:08-cv-03777-EMC Document 61 Filed 02/05/16 Page 1 of 2
United States District Court

For the Northern District of California

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is ordered to show cause why this should not happen, or, if he chooses, to file a statement of nonopposition to dismissal, or a stipulated dismissal or other appropriate motion. 

If Petitioner fails to respond to this order by March 14, 2016, the action will be dismissed. 

IT IS SO ORDERED.

Dated: February 5, 2016

_________________________

EDWARD M. CHEN

United States District Judge

Case 3:08-cv-03777-EMC Document 61 Filed 02/05/16 Page 2 of 2
###### Editorial Note on Part 707

#### Editorial Note:

Nomenclature changes to part 707 appear at 84 FR 37752, Aug. 2, 2019.

#### § 707.33 Other rights and services.

Nothing in this part shall be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under the Privacy Act.
§ 521.18 Authority of the ALJ. ( a ) The ALJ shall conduct a fair and impartial hearing, avoid delay, maintain order, and assure that a record of the proceeding is made.
( b ) The ALJ may: ( 1 ) Set and change the date, time and place of the hearing upon reasonable notice to the parties;
( 2 ) Continue or recess the hearing in whole or in part for a reasonable period of time;
( 3 ) Hold conferences to identify or simplify the issues, or to consider other matters that may aid in the expeditious disposition of the proceeding;
( 4 ) Administer oaths and affirmations;
( 5 ) Issue subpoenas to be served within the United States requiring the attendance of witnesses and the production of documents at depositions or at hearings. Subpoenas to be served outside the jurisdiction of the United States shall state on their face the authority therefore;
( 6 ) Rule on motions and other procedural matters;
( 7 ) Regulate the scope and time of discovery;
( 8 ) Regulate the course of the hearing and the conduct of representatives and parties;
( 9 ) Examine witnesses;
( 10 ) Receive, rule on, exclude, or limit evidence;
( 11 ) Upon motion of a party, take official notice of facts;
( 12 ) Upon motion of a party, decide cases, in whole or in part, by summary judgment where there is no disputed issue of material fact;
( 13 ) Conduct any conference, argument, or hearing on motions in person or by telephone; and
( 14 ) Exercise such other authority as is necessary to carry out the responsibilities of the ALJ under this part.
( c ) The ALJ does not have the authority to find treaties and other international agreements or Federal Statutes or regulations invalid.
**Exhibit 31.2**

 

**CERTIFICATIONS**

 

I,Daniel A. Coccoluto, certify that:

 

1.I have reviewed this quarterly report on Form 10-Q of Omtool, Ltd.;

 

2.Based on my knowledge, this report does not contain any untrue statement of amaterial fact or omit to state a material fact necessary to make the statementsmade, in light of the circumstances under which such statements were made, notmisleading with respect to the period covered by this report;

 

3.Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all material respectsthe financial condition, results of operations and cash flows of the registrantas of, and for, the periods presented in this report;

 

4.The registrant’s other certifying officers and I are responsible forestablishing and maintaining disclosure controls and procedures (as defined inExchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

 

a)Designed such disclosure controls and procedures, or caused such disclosurecontrols and procedures to be designed under our supervision, to ensure thatmaterial information relating to the registrant, including its consolidatedsubsidiaries, is made known to us by others within those entities, particularlyduring the period in which this report is being prepared;

 

**b) [Paragraph omitted in accordance with SEC transitioninstructions contained in SEC Releases 33-8760, 34-47986 and33-8618.]**

 

c)Evaluated the effectiveness of the registrant’s disclosure controls andprocedures and presented in this report our conclusions about the effectivenessof the disclosure controls and procedures, as of the end of the period coveredby this report based on such evaluation; and

 

d)Disclosed in this report any change in the registrant’s internal control overfinancial reporting that occurred during the registrant’s most recent fiscalquarter (the registrant’s fourth fiscal quarter in the case of an annualreport) that has materially affected, or is reasonably likely to materiallyaffect, the registrant’s internal control over financial reporting; and

 

5.The registrant’s other certifying officers and I have disclosed, based on ourmost recent evaluation of internal control over financial reporting, to theregistrant’s auditors and the audit committee of the registrant’s board ofdirectors:

 

a)All significant deficiencies and material weaknesses in the design or operationof internal control over financial reporting which are reasonably likely toadversely affect the registrant’s ability to record, process, summarize andreport financial information; and

 

b)Any fraud, whether or not material, that involves management or other employeeswho have a significant role in the registrant’s internal control over financialreporting.

 

Date:November 14, 2007

 
|   |   | By:    | /s/ Daniel A. Coccoluto |   |
|--------|--------|--------|-------------------------|--------|
|   |   |   | Daniel A. Coccoluto     |   |
|   |   |   | Chief Financial Officer |   |

 

----
### §300gg–62. Preemption and application

#### (a) In general

Subject to subsection (b), nothing in this part (or part C insofar as it applies to this part) shall be construed to prevent a State from establishing, implementing, or continuing in effect standards and requirements unless such standards and requirements prevent the application of a requirement of this part.

#### (b) Rules of construction

(1) Nothing in this part (or part C insofar as it applies to this part) shall be construed to affect or modify the provisions of section 1144 of title 29.

(2) Nothing in this part (other than section 300gg–51 of this title) shall be construed as requiring health insurance coverage offered in the individual market to provide specific benefits under the terms of such coverage.

#### (c) Application of part A provisions

#### (1) In general

The provisions of part A shall apply to health insurance issuers providing health insurance coverage in the individual market in a State as provided for in such part.

#### (2) Clarification

To the extent that any provision of this part conflicts with a provision of part A with respect to health insurance issuers providing health insurance coverage in the individual market in a State, the provisions of such part A shall apply.

(July 1, 1944, ch. 373, title XXVII, §2762, formerly §2746, as added Pub. L. 104–191, title I, §111(a), Aug. 21, 1996, 110 Stat. 1987; renumbered §2762 and amended, Pub. L. 104–204, title VI, §605(a)(2), (b)(3), Sept. 26, 1996, 110 Stat. 2941, 2942; Pub. L. 111–148, title I, §1563(c)(15), formerly §1562(c)(15), title X, §10107(b)(1), Mar. 23, 2010, 124 Stat. 269, 911.)

#### **Editorial Notes**

#### Amendments

2010—Pub. L. 111–148, §1563(c)(15)(A), formerly §1562(c)(15)(A), as renumbered by Pub. L. 111–148, §10107(b)(1), inserted "and application" after "Preemption" in section catchline.

Subsec. (c). Pub. L. 111–148, §1563(c)(15)(B), formerly §1562(c)(15)(B), as renumbered by Pub. L. 111–148, §10107(b)(1), added subsec. (c).

1996—Subsec. (b). Pub. L. 104–204, §605(b)(3), designated existing provisions as par. (1) and added par. (2).

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

#### Effective Date of 1996 Amendment

Amendment by Pub. L. 104–204 applicable to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after Jan. 1, 1998, see section 605(c) of Pub. L. 104–204, set out as a note under section 300gg–44 of this title.

#### Effective Date

Section applicable with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market after June 30, 1997, regardless of when a period of creditable coverage occurs, see section 111(b) of Pub. L. 104–191, set out as a note under section 300gg–41 of this title.
### §5142. Repealed. Pub. L. 100–707, title I, §105(a)(2), Nov. 23, 1988, 102 Stat. 4691

Section, Pub. L. 93–288, title III, §302, May 22, 1974, 88 Stat. 146, related to Federal assistance and its coordination with State and local disaster assistance.
I 

109TH CONGRESS 

1ST SESSION H. R. 2612

To suspend temporarily the duty on Pinoxaden Technical. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 24, 2005

Mr. TERRY introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL

To suspend temporarily the duty on Pinoxaden Technical.

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

3 SECTION 1. PINOXADEN TECHNICAL. 

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:

‘‘ 9902.90.16 Pinoxaden Technical – Propanoic acid, 2,2-dimethyl-,8-

(2,6-diethyl-4-

methylphenyl)–1,2,4,5-

tetrahydro-7-oxo-7Hpyrazolo[1,2-

d][1,4,5]oxadiazepin-9-yl 

ester (CAS No. 243973–20–

8) (provided for in subheading 2934.99.15) ............ Free No change No change On or before 

12/31/2008 ’’. 
2

•HR 2612 IH 

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

2 subsection (a) applies with respect to goods entered, or 

3 withdrawn from warehouse for consumption, on or after 

4 the 15th day after the date of the enactment of this Act.

Æ
Case 3:08-cv-05667-MEJ Document 44 Filed 02/04/10 Page 1 of 2
February 4, 2010

all parties shall

their respective counsel.

Case 3:08-cv-05667-MEJ Document 44 Filed 02/04/10 Page 2 of 2
#### Mary E. Brown, defendant in error, v. William A. Compton, plaintiff in error.

Bill for accounting against attorney in connection with sale of real estate. Decree for complainant. Error to the Circuit Court of McDonough county; the Hon. Harry M. Waggoner and R. J. Grier, Judges, presiding. Heard in this court at the October term, 1922.

Affirmed in part and reversed in part with directions.

Opinion filed April 23, 1923.

Miller & Walker and Sherman & Bainum, for plaintiff in error. George V. Helfrieh, for defendant in error.

Mr. Presiding Justice Niehaus

delivered the opinion of the court.
§ 50.3 Application for registration. ( a ) A person abroad who claims U.S. nationality, or a representative on his behalf, may apply at a consular post for registration to establish his claim to U.S. nationality or to make his residence in the particular consular area a matter of record.
( b ) The applicant shall execute the registration form prescribed by the Department and shall submit the supporting evidence required by subpart C of part 51 of this chapter. A diplomatic or consular officer or a designated nationality examiner shall determine the period of time for which the registration will be valid.
[31 FR 13537, Oct. 20, 1966, as amended at 61 FR 43312, Aug. 22, 1996]
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2722 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2722

To authorize the Secretary of the Interior to study the suitability and 
 feasibility of designating Camp Security, located in Springettsbury, 
   York County, Pennsylvania, as a unit of the National Park System.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 26, 2005

 Mr. Platts (for himself, Mr. Holden, and Mr. Sherwood) introduced the 
    following bill; which was referred to the Committee on Resources

_______________________________________________________________________

                                 A BILL

 
To authorize the Secretary of the Interior to study the suitability and 
 feasibility of designating Camp Security, located in Springettsbury, 
   York County, Pennsylvania, as a unit of the National Park System.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Camp Security National Historic Site 
Study Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Camp Security is believed to be the only undisturbed 
        prisoner-of-war camp from the Revolutionary War remaining in 
        the United States.
            (2) Built at the direction of the Continental Congress, 
        Camp Security housed over 1,000 British prisoners of war 
        between 1781 and 1783.
            (3) The vast majority of British soldiers imprisoned at 
        Camp Security were captured as a result of the Continental 
        Army's pivotal victories at the Battles of Saratoga and 
        Yorktown.
            (4) Large portions of Camp Security were built along a 
        steep hill using terraces, a unique architectural and earthwork 
        feature.
            (5) Upon the 1783 adoption of the Treaty of Paris, Camp 
        Security was closed and those prisoners who did not marry local 
        women and settle in the area returned to their families in 
        Great Britain.
            (6) Recent excavations and surveys of the site identified 
        intact archeological deposits and recovered numerous domestic 
        and military artifacts.

SEC. 3. STUDY.

    (a) In General.--The Secretary of the Interior shall submit to the 
Committee on Resources of the House of Representatives and the 
Committee on Energy and Natural Resources of the Senate a study of the 
suitability and feasibility of designating Camp Security, located in 
Springettsbury Township, York County, Pennsylvania, as a unit of the 
National Park System.
    (b) Process.--Section 8(c) of Public Law 91-383 (16 U.S.C. 1a-5(c)) 
shall apply to the conduct of the study required by this section, 
except that the study shall be submitted pursuant to subsection (a) not 
later than 18 months after the date on which funds are first made 
available for the study.
                                 <all>
```
#### The People of the State of New York, Respondent, v. George Albanese, Appellant.

Motion to enlarge time to perfect appeal from an order denying a *coram, nobis*application, granted. The appellant’s time is enlarged to the October 1960 Term; appeal ordered to be placed on the calendar for October 10, 1960.
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Uni

ted 

Stat

es D

istr

ict C

ourt

For t

he N

orth

ern 

Dis

trict

 of C

alifo

rnia

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

ARTHUR FULFORD, on behalf of himselfand all others similarly situated,

Plaintiff,

    v.

LOGITECH, INC., a California corporation,

Defendant

                                                                      /

No. C-08-2041 MMC

ORDER DENYING REQUEST TOCONTINUE APRIL 30, 2010 HEARING

The Court has received this date a letter dated April 26, 2010, from Michael A.

Fitzgerald, seeking a continuance of the April 30, 2010 hearing on the Court’s Order to

Show Cause issued April 22, 2010.

In light of the May 4, 2010 date set for the trial in the Commonwealth of Virginia, on

which this Court’s Order to Show Cause is predicated, a continuance of the hearing on said

Order is not practicable.

Accordingly, the request for a continuance is hereby DENIED.

IT IS SO ORDERED.

Dated: April 29, 2010                                                    MAXINE M. CHESNEYUnited States District Judge

Case 3:08-cv-02041-MMC   Document 148   Filed 04/29/10   Page 1 of 1

    -       - Superintendent of Documents
      - 2018-03-11T03:23:40-0400
      - US GPO, Washington, DC 20401
      - Superintendent of Documents
      - GPO attests that this document has not been altered since it was disseminated by GPO
Editorial Note on Part 713
Editorial Note: Nomenclature changes to part 713 appear at 84 FR 37752, Aug. 2, 2019.

§ 713.4 What must my written request contain? Your written request for records or testimony must include: ( a ) The caption of the legal proceeding, docket number, and name of the court or other authority involved.
( b ) A copy of the complaint or equivalent document setting forth the assertions in the case and any other pleading or document necessary to show relevance.
( c ) A list of categories of records sought, a detailed description of how the information sought is relevant to the issues in the legal proceeding, and a specific description of the substance of the testimony or records sought.
( d ) A statement as to how the need for the information outweighs the need to maintain the confidentiality of the information and outweighs the burden on DFC to produce the records or provide testimony.
( e ) A statement indicating that the information sought is not available from another source, such as the requestor's own books and records, other persons or entities, or the testimony of someone other than an DFC employee, such as retained experts.
( f ) A description of all prior decisions, orders, or pending motions in the case that bear upon the relevance of the records or testimony you want.
( g ) The name, address, and telephone number of counsel to each party in the case.
( h ) An estimate of the amount of time you anticipate that you and other parties will need with each DFC employee for interviews, depositions, and/or testimony.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2538 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2538

  To extend the temporary suspension of duty on a certain ultraviolet 
                                  dye.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 23, 2005

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

_______________________________________________________________________

                                 A BILL

 
  To extend the temporary suspension of duty on a certain ultraviolet 
                                  dye.

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

SECTION 1. ULTRAVIOLET DYE.

    (a) In General.--Heading 9902.28.19 of the Harmonized Tariff 
Schedule of the United States (relating to a certain ultraviolet dye) 
is amended by striking ``12/31/2006'' and inserting ``12/31/2010''.
    (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 enactment of this Act.
                                 <all>
```
#### § 518.17 Certification and representations.

Unless prohibited by statute or codified regulation, each Federal awarding agency is authorized and encouraged to allow recipients to submit certifications and representations required by statute, executive order, or regulation on an annual basis, if the recipients have ongoing and continuing relationships with the agency. Annual certifications and representations shall be signed by responsible officials with the authority to ensure recipients' compliance with the pertinent requirements.
### §§66 to 69. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 66, act Apr. 9, 1930, ch. 125, §8, 46 Stat. 151, provided for disability pay for commissioned officers. See section 212 of this title.

Section 67, act May 14, 1937, ch. 180, title I, 50 Stat. 148, provided for compensation of field employees rendering part-time and call services. See section 210 of this title.

Section 68, acts June 26, 1940, ch. 428, title II, 54 Stat. 584; July 1, 1941, ch. 269, title II, 55 Stat. 480, provided transportation funds for shipment of deceased officers. See section 224 of this title.

Section 69, acts May 27, 1908, ch. 200, 35 Stat. 373; May 13, 1938, ch. 213, 52 Stat. 352; Oct. 28, 1943, ch. 289, 57 Stat. 583, provided for settlement of accounts of deceased officers and men. See section 2771 of Title 10, Armed Forces.

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

#### Renumbering and Repeal of Repealing Act

Title XIII, §1313, formerly title VI, §611, of act July 1, 1944, which repealed these sections, was renumbered title VII, §711, by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713, by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; title VIII, §813, by act July 30, 1956, ch. 779, §3(b), 70 Stat. 721; title IX, §913, by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; title X, §1013, by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; title XI, §1113, by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; title XII, §1213, by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; title XIII, §1313, by Pub. L. 93–154, §2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.