alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
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David M. Poore, SBN 192541 

KAHN BROWN & POORE LLP 

30 Fifth Street, Suite 200 

Petaluma, California 94952 

Telephone: (707) 763-7100 

Facsimile: (707) 763-7180 

dpoore@kahnbrownlaw.com

Attorneys for Plaintiff

SIMONE RIVERS 

PATRICK K. FAULKNER, COUNTY COUNSEL 

Stephen Raab, SBN 180939 

3501 Civic Center Drive, Room 303 

San Rafael, CA 94903 

Tel.: (415) 499-6117, Fax: (415) 499-3796 

Attorney(s) for the County of Marin, 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SIMONE RIVERS,

 Plaintiff, 

v. 

COUNTY OF MARIN; WILLIAM BURKE; 

MICHAEL DALY; TERRI HAMPTON; and 

DOES 1 through 50, inclusive, 

 Defendants. 

Case No. USDC 09 1614 EMC

UPDATED JOINT CASE MANAGEMENT 

STATEMENT 

Date: June 2, 2010 

Time: 2:30 p.m.

Courtroom C, 15th Floor 

Hon. Edward M. Chen 

Plaintiff Simone Rivers and Defendants County of Marin, Michael Daly, and William

Burke submit this Updated Joint Case Management Statement. 

RIVERS V. COUNTY OF MARIN, ET. AL. CASE NO. USDC 09 1614 EMC

 -1-

UPDATED JOINT CASE MANAGEMENT STATEMENT 

Case 3:09-cv-01614-EMC Document 49 Filed 05/28/10 Page 1 of 2
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On April 19, 2010, the parties participated in a second mediation session. The matter did 

settle. On May 4, 2010, the Marin County Board of Supervisors approved the settlement. The 

parties are in the process of finalizing the further written settlement agreement and release (the 

parties initially entered into a short Stipulation for Settlement at mediation), and exchange of the 

settlement draft. The parties anticipate finalizing the settlement within the next 30 days. 

Accordingly, the parties request that the further CMC be continued for a period of 30 days 

to allow the parties to finalize the settlement. 

Dated: May 26, 2010 KAHN BROWN & POORE LLP 

 By: //s// David M. Poore 

 David M. Poore 

 Attorneys for Plaintiff

 

Dated: May 26, 2010 PATRICK K. FAULKNER 

 COUNTY COUNSEL 

 By: //s// Stephen R. Raab 

Stephen R. Raab 

Deputy County Counsel 

RIVERS V. COUNTY OF MARIN, ET. AL. CASE NO. USDC 09 1614 EMC

 -2-

UPDATED JOINT CASE MANAGEMENT STATEMENT 

Case 3:09-cv-01614-EMC Document 49 Filed 05/28/10 Page 2 of 2
### TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

JUDGMENT RENDERED JU NE 24, 2015

NO. 03

- 14

- 00129

- CV

City of New Braunfels, Gale Pospisil, Robert Camereno, Tom Wilber and Mary Quinones, Appellant s

v.

Garrison Maurer, d/b/a Comal Towing; Jeramie H ernand ez, d/b/a JJ Towing; and

Robert Fleming, d/b/a Pro Care Wrecker Service, Appellee s

APPEAL FROM THE 433RD DISTRICT COURT OF COMAL COUNTY

BEFORE JUSTICES PURYEAR, GO ODWIN, AND FIELD

DISMISSED ON APPELLANT S ’ MOTION

-- OPINION BY JUSTICE FIELD

This is an appeal from the interlocutory order signed by the tr i a l court on February 13, 2014.

City of New Braunfels, Gale Pospisil, Robert Camereno, Tom Wilber and Mary Quin ones have

filed a motion to dismiss the appeal, and having considered the motion, the Court agrees that the

motion should be granted in part . Therefore, the Court grants the motion in part and dismisses

the appeal

. The appellant s shall pay all costs rela ting to this appeal, both in this Court and in the

court below.
#### The People of the State of New York, Respondent, v. Charles Angelo Spitaleri, Appellant.

Appeal by the defendant from a judgment of the County Court, Queens County, rendered May 16, 1958, convicting him of violating subdivision 2 of section 1751 of the Penal Law, and sentencing him to serve from 5 to 10 years. Judgment affirmed. No opinion. Nolan, P. J., Beldock and Ughetta, JJ., concur; Kleinfeld and Pette, JJ., dissent and vote to reverse the judgment and to order a new trial, with the following memorandum: In our opinion, it was error, warranting reversal and a new trial, to admit over defendant’s objections, as part of the People’s direct case, evidence that defendant had pleaded guilty to an attempt to commit the crime charged, and, with the court’s consent, had withdrawn such guilty plea and substituted a plea of not guilty *(Kercheval*v. *United States,*274 U. S. 220; cf. *People*v. *Steinmetz,*209 App. Div. 83, affd. 240 N. Y. 411; *People*v. *Ariano,*264 App. Div. 426, 428).
#### § 221.310 Assessment of taxes.

When a family unit is conveyed to the Commissioner or a mortgage is assigned to the Commissioner, the unit shall be assessed and subject to assessment for taxes pertaining only to that unit.
### §2430. Full faith and credit

The full faith and credit of the United States is pledged to the payment of all guarantees issued under this section with respect to principal and interest.

(Pub. L. 109–451, title II, §211, Dec. 22, 2006, 120 Stat. 3360.)
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2983 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 2983

                   For the relief of Zhuljeta Zhegra.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 2005

  Mr. Brady of Pennsylvania introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
                   For the relief of Zhuljeta Zhegra.

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

SECTION 1. PERMANENT RESIDENT STATUS FOR ZHULJETA ZHEGRA.

    (a) In General.--Notwithstanding subsections (a) and (b) of section 
201 of the Immigration and Nationality Act, Zhuljeta Zhegra shall be 
eligible for issuance of an immigrant visa or for adjustment of status 
to that of an alien lawfully admitted for permanent residence upon 
filing an application for issuance of an immigrant visa under section 
204 of such Act or for adjustment of status to lawful permanent 
resident.
    (b) Adjustment of Status.--If Zhuljeta Zhegra enters the United 
States before the filing deadline specified in subsection (c), she 
shall be considered to have entered and remained lawfully and shall, if 
otherwise eligible, be eligible for adjustment of status under section 
245 of the Immigration and Nationality Act as of the date of the 
enactment of this Act.
    (c) Deadline for Application and Payment of Fees.--Subsections (a) 
and (b) shall apply only if the application for issuance of an 
immigrant visa or the application for adjustment of status is filed 
with appropriate fees within 2 years after the date of the enactment of 
this Act.
    (d) Reduction of Immigrant Visa Number.--Upon the granting of an 
immigrant visa or permanent residence to Zhuljeta Zhegra, the Secretary 
of State shall instruct the proper officer to reduce by 1, during the 
current or next following fiscal year, the total number of immigrant 
visas that are made available to natives of the country of the alien's 
birth under section 203(a) of the Immigration and Nationality Act or, 
if applicable, the total number of immigrant visas that are made 
available to natives of the country of the alien's birth under section 
202(e) of such Act.
    (e) Denial of Preferential Immigration Treatment for Certain 
Relatives.--The natural parents, brothers, and sisters of Zhuljeta 
Zhegra shall not, by virtue of such relationship, be accorded any 
right, privilege, or status under the Immigration and Nationality Act.
                                 <all>
```
### §1200c. Omitted

#### **Editorial Notes**

#### Codification

Section, act July 6, 1954, ch. 463, §6, 68 Stat. 453, which related to ratification of contracts under former sections 1198 to 1200e of this title, was omitted from the Code as being of special and not general application.
### §1195. Transferred

#### **Editorial Notes**

#### Codification

Section 1195 was editorially reclassified as section 424 of Title 25, Indians.
#### In the Matter of the Arbitration between Greater New York Terminal, Inc., Appellant, and Horn Construction Co., Inc., Respondent.

In a proceeding pursuant to section 1458 of the Civil Practice Act, to stay arbitration, petitioner appeals from an order of the Supreme Court, Nassau County, dated October 27,1960, denying its motion for a stay. Respondent, a contractor, in accordance with an arbitration clause contained in *“*General Conditions ” allegedly incorporated by reference into a contract known as “ The Standard Form of Agreement Between Contractor and Owner For Construction of Buildings ”, issued by the American Institute of Architects, has demanded that the parties proceed to arbitration on said respondent’s claims for (1) a balance of $232,208.50 claimed to be due on the contract, (2) extra work amounting to $191,909.36, and (3) damages in the sum of $100,823.93 for alleged interference and delays caused by petitioner. Order reversed on the law, without costs, and motion granted to the extent of staying arbitration pending the determination by the court, pursuant to sections 1450 and 1458 of the Civil Practice Act, of' the issues: (1) whether petitioner agreed to arbitration; and (2) whether the demand for arbitration was timely made. The findings of fact implicit in the opinion or decision of the Special Term are *not*affirmed. A question of fact is' presented as to petitioner’s awareness of the existence of the arbitration clause in the *“*General Conditions ”, particularly in view of the signing or initialing of all undisputed papers. The timeliness of said respondent’s demand for arbitration is also an issue for determination by the court *(Matter of Board of Educ., City School Dist., of New Rochelle*v. *Bernard Associates No. 3,*11 A D 2d 1038). Beldock, Acting P. J., Ughetta, Kleinfeld, Christ and Pette, JJ., concur.
#### DITMAS, Respondent, v. McKANE et al., Appellants.

(Supreme Court, Appellate Division, Second Department.

January 9, 1903.)

Action by Abigail V. Ditmas individually and as sole surviving administratrix, etc., against James McKane and others.

No opinion. Motion to dismiss appeal denied.
§ 203.33 Relationship of income to mortgage payments. ( a ) Adequacy of mortgagor's gross income. A mortgagor must establish, to the satisfaction of the Secretary, that his or her gross income is and will be adequate to meet ( 1 ) the periodic payments required by the mortgage submitted for insurance and
( 2 ) other long-term obligations.
( b ) Determinations of adequacy of mortgagor income under this section shall be made in a uniform manner without regard to race, color, religion, sex, national origin, familial status, handicap, marital status, actual or perceived sexual orientation, gender identity, source of income of the mortgagor, or location of the property.
[37 FR 16390, Aug. 12, 1972, as amended at 54 FR 38649, Sept. 20, 1989; 59 FR 59648, Nov. 18, 1994; 77 FR 5675, Feb. 3, 2012]
### §364c. Studies, investigations, and records; staff assistance; advisory committees

The Secretary shall cause such studies and investigations to be made and such records to be kept as may be necessary or desirable in carrying out the purposes of this chapter, and he shall provide a place of meeting and staff assistance to the Board. The staff shall be responsible to the Secretary, who shall prescribe its relations to the Board and the committees of the Board. The Secretary may establish from time to time, upon recommendation of the Board, advisory committees of United States citizens who are recognized experts in their respective fields to assist in the solution of special problems arising under this chapter.

(July 25, 1947, ch. 330, §4, 61 Stat. 456.)

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

#### Termination of Advisory Committees

Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organization and Employees.

#### **Executive Documents**

#### Transfer of Functions

For transfer of functions of other officers, employees, and agencies of Department of the Interior, with certain exceptions, to Secretary of the Interior, with power to delegate, see Reorg. Plan No. 3 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out under section 1451 of this title.
### §421h. Procedural and substantive requirements applicable to works financed by loans pursuant to sections 421a to 421h of this title

Works financed by loans made under sections 421a to 421h of this title shall be subject to all procedural and substantive requirements of the Fish and Wildlife Coordination Act [16 U.S.C. 661 et seq.], the Federal Water Pollution Control Act, as amended [33 U.S.C. 1251 et seq.], and the National Environmental Policy Act of 1969 [42 U.S.C. 4321 et seq.].

(July 4, 1955, ch. 271, §8, as added Pub. L. 92–487, Oct. 13, 1972, 86 Stat. 806.)

#### **Editorial Notes**

#### References in Text

The Fish and Wildlife Coordination Act, referred to in text, is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of Title 16, Conservation. For complete classification of this Act to the Code, see section 661(a) of Title 16, Short Title note set out under section 661 of Title 16, and Tables.

The Federal Water Pollution Control Act, as amended, referred to in text, is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
[Federal Register Volume 69, Number 242 (Friday, December 17, 2004)]
[Notices]
[Pages 75517-75518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27645]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary


Modification to Announcement of Intent To Initiate the Process To 
Remove Aeronautical Information From Public Sale and Distribution

AGENCY: National Geospatial-Intelligence Agency (NGA), Department of 
Defense.

ACTION: Notice modification.

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

SUMMARY: After initial feedback from the public on NGA's notice in 
Federal Register Volume 69, Number 222, pages 67546-67547, NGA has 
determined that a period of public comment will benefit the final 
decision on this policy issue. Therefore, NGA is inviting public 
comment on the proposed action to withdraw aeronautical data and 
products from public distribution. The period of comment will be open 
from the date of this Register until 30 June 2005. NGA will consider 
all comments when making the final decision to go forward with this 
proposed action, in part, in whole, or not at all.

DATES: Period of Public Comment: December 17, 2004 to 30 June 2005. 
Proposed Implementation Date of final Decision: 1 October 2005.

[[Page 75518]]


ADDRESSES: To make sure your comments and related material are entered 
only once in the docket please submit them by only one of the following 
means:
    (1) By e-mail to <a href="/cdn-cgi/l/email-protection#90f1f5e2ffbefff3e2d0fef7f1befdf9fc"><span class="__cf_email__" data-cfemail="77161205185918140537191016591a1e1b">[email protected]</span></a>; or
    (2) By mail to: National Geospatial-Intelligence Agency, Mail Stop 
D-111, Attn: Public Release of Aeronautical Products, 4600 Sangamore 
Road, Bethesda, MD 20816-5003.

    Dated: December 13, 2004.
Jeannette Owings-Ballard,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 04-27645 Filed 12-16-04; 8:45 am]
BILLING CODE 5001-06-M


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>
#### DEMPSEY v. GAZZAM.

(Supreme Court, Appellate Division, First Department.

January 23, 1903.)

Action by John A. Dempsey against Joseph M. Gazzam.

No opinion. Motion denied. See 79 N. Y. Supp. 330.
§ 245.325 Notification of action on request for increase. ( a ) When processing a request for an increase in maximum permissible rents, HUD shall take into consideration reasonably anticipated increases in project operating costs that will occur ( 1 ) within 12 months of the date of submission of materials to HUD under § 245.315(a) (profit and loss approach) or
( 2 ) within 12 months of the anticipated effective date of the proposed rent increase for submissions under § 245.315(b) (forward-budget approach).
( b ) After HUD has considered the request for an increase in rents, has found that it meets the requirements of § 245.320, and has made its determination to approve, adjust upward or downward, or disapprove the request, it will furnish the mortgagor with a written statement of the reasons for approval, adjustment upward or downward, or disapproval. The mortgagor must make the reasons for approval, adjustment, or disapproval known to the tenants, by service of notice on them as provided in § 245.15.
### §7385s–5. Applicability to certain uranium employees

#### (a) In general

This part shall apply to—

(1) a section 5 payment recipient who contracted a section 5 illness through a section 5 exposure at a section 5 facility, or

(2) a section 5 uranium worker determined under section 7385s–4(c) of this title to have contracted a covered illness through exposure to a toxic substance at a section 5 mine or mill,

(or to the survivor of that employee, as applicable) on the same basis as it applies to a Department of Energy contractor employee determined under section 7385s–4 of this title to have contracted a covered illness through exposure to a toxic substance at a Department of Energy facility (or to the survivor of that employee, as applicable).

#### (b) Definitions

In this section:

(1) The term "section 5 payment recipient" means an individual who receives, or has received, $100,000 under section 5 of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note) for a claim made under that Act.

(2) The terms "section 5 exposure", "section 5 facility", and "section 5 illness" mean the exposure, facility, and illness, respectively, to which an individual's status as a section 5 payment recipient relates.

(3) The term "section 5 uranium worker" means an individual to whom subsection (a)(1)(A)(i) of section 5 of the Radiation Exposure Compensation Act applies (whether directly or by reason of subsection (a)(2)).

(4) The term "section 5 mine or mill" means the mine or mill to which an individual's status as a section 5 uranium worker relates.

(Pub. L. 106–398, §1 [div. C, title XXXVI, §3676], as added Pub. L. 108–375, div. C, title XXXI, §3161, Oct. 28, 2004, 118 Stat. 2182.)

#### **Editorial Notes**

#### References in Text

The Radiation Exposure Compensation Act, referred to in subsec. (b), is Pub. L. 101–426, Oct. 15, 1990, 104 Stat. 920, which is set out as a note under section 2210 of this title.
### §364b. Formulation of principles, policies and procedures; action by Secretary; recommendations of Board

The Board, subject to the approval of the Secretary, shall formulate principles, policies, and procedures to be followed with reference to both domestic and foreign geographic names; and shall decide the standard names and their orthography for official use. The principles, policies, and procedures formulated hereunder shall be designed to serve the interests of the Federal Government and the general public, to enlist the effective cooperation of the Federal departments and agencies most concerned, and to give full consideration to the specific interests of particular Federal and State agencies. Action may be taken by the Secretary in any matter wherein the Board does not act within a reasonable time. The Board may make such recommendations to the Secretary as it finds appropriate in connection with this chapter.

(July 25, 1947, ch. 330, §3, 61 Stat. 456.)
August 10, 2010.

UNITED STATES

D

I

STRICT COURT

NORTHERN

DIST

RI

CT

OF CALIFORNIA

IT

IS

SO

ORDERED

Judge

William

Alsup
Case 3:09-cv-00346-WHA Document 40 Filed 03/01/10 Page 1 of 2
March 1, 2010.

U

NITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

IT IS SO ORDERED

Judge William Alsup

Case 3:09-cv-00346-WHA Document 40 Filed 03/01/10 Page 2 of 2
### §6728. Wage standards for laborers and mechanics; enforcement

All laborers and mechanics employed by contractors on all construction projects funded in whole or in part by payments under this subchapter shall be paid wages at rates not less than those prevailing on similar projects in the locality as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to the labor standards specified in this section, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 and section 3145 of title 40.

(Pub. L. 94–369, title II, §208, July 22, 1976, 90 Stat. 1008.)

#### **Editorial Notes**

#### References in Text

Reorganization Plan Numbered 14 of 1950, referred to in text, is set out in the Appendix to Title 5, Government Organization and Employees.

#### Codification

In text, "sections 3141–3144, 3146, and 3147 of title 40" substituted for "the Davis-Bacon Act (40 U.S.C. 276a to 276a–5)" and "section 3145 of title 40" substituted for "section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c)", on authority of Pub. L. 107–217, §5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
#### Sam Bernstein v. Barry Morell et al.

Motion to dismiss appeal granted, with $10 costs, unless the appellants procure the record on appeal and appellants’ points to be served and filed on or before December 5, 1960, with *464notice of argument for the January 1961 Term of this court, said appeal to be argued or submitted when reached. All proceedings under the interlocutory judgment appealed from are stayed pending the hearing and determination of the appeal. Concur — Rabin, J. P., Valente, McNally, Stevens and Eager, JJ.