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

For the Northern District of California

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF CALIFORNIA

BEN LOPEZ,

Plaintiff,

 v.

UNITED PARCEL SERVICE, INC.,

Defendant. /

No. C 08-05396 SI

ORDER DENYING DEFENDANT’S

MOTION TO BIFURCATE AND

MOTION TO SET ORDER OF PROOF

AT TRIAL

Defendant has filed two motions, which the Court determines are suitable for resolution without

further briefing or oral argument pursuant to Local Rule 7-1(b). The hearing set for March 26, 2010 is

VACATED.

I. Motion to Bifurcate

Defendant has moved to bifurcate the liability and damages phases of trial. Defendant asserts

that plaintiff’s anticipated submission regarding damages, including evidence regarding his “long work

hours” and “many missed lunches,” will prejudice defendant if permitted during the liability phase.

Defendant suggests that if bifurcation is denied, “the jury here likely will be swayed by Plaintiff’s

emotionally-laden testimony of long hours and missed meal breaks – issues completely unrelated and

irrelevant to Plaintiff’s exempt status.” Mot. to Bifurcate at 4.

The Court disagrees with defendant’s contentions. First of all, the subjects about which

defendant has expressed concern are not solely damages issues. Testimony and other evidence

regarding plaintiff’s work hours will certainly be relevant to the issue of liability. Second, the Court

does not believe that trying the liability and damages phase of trial before a single jury will result in a

Case 3:08-cv-05396-SI Document 124 Filed 03/01/10 Page 1 of 2
United States District Court

For the Northern District of California

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biased jury or otherwise unduly prejudice defendant. Finally, bifurcation will not improve judicial

economy.

For the foregoing reasons, defendant’s motion to bifurcate is DENIED. (Docket No. 119).

II. Motion to Set Order of Proof at Trial

Defendant has also moved to alter the order of proof at trial such that defendant may open first,

present evidence first, and present the final rebuttal argument. As defendant points out, the district court

has “wide discretion” to control the order of proof at trial. See Summers v. Delta Air Lines, Inc., 508

F.3d 923, 930 (9th Cir. 2007). In this case, although defendant bears the burden of proving the

applicability of the claimed exemptions, there are still a number of matters on which plaintiff will bear

the burden. Additionally, there has been no showing that an initial presentation by plaintiff will result

in any prejudice to defendant.

Accordingly, defendant’s motion to set the order of proof at trial is DENIED. (Docket No. 121).

IT IS SO ORDERED.

Dated: March 1, 2010 SUSAN ILLSTON

United States District Judge

Case 3:08-cv-05396-SI Document 124 Filed 03/01/10 Page 2 of 2
This report is dedicated to Donald A. B. Lindberg, MD, the foundingDirector of the National Coordination Office for High Performance Computing and Communications (NCO).  His leadership was instrumental in establishing the NCO as a model for interagency cooperation and coordination of the R&D investments in HPCC across twelve Federal departments and agencies. From September, 1992, to March, 1995, Lindberg served concurrently as Director of the NCO and Director of the National Library of Medicine (NLM).  He has returned to directing NLM full time, where he will continue to play an active role in NIH/NLM's HPCC Program and help define the strategies for America's Information Future.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 17-1637

FRANCIS O. NDIKA,

 Plaintiff - Appellant,

v.

MRS. MARANON, Soc. Sec. Supervisor,

 Defendant - Appellee.

Appeal from the United States District Court for the Eastern District of Virginia, at 

Alexandria. James C. Cacheris, Senior District Judge. (1:17-cv-00027-JCC-JFA)

Submitted: October 31, 2017 Decided: November 7, 2017

Before KING, DIAZ, and HARRIS, Circuit Judges.

Affirmed as modified by unpublished per curiam opinion.

Francis O. Ndika, Appellant Pro Se. Dennis Carl Barghaan, Jr., Rebecca Sara Levenson, 

Assistant United States Attorneys, Alexandria, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Francis O. Ndika appeals the district court’s order granting defendant’s motion to 

dismiss his complaint for lack of subject matter jurisdiction. We have reviewed the 

record and Ndika’s claims and find no reversible error. The court’s dismissal, however, 

should have been without prejudice. See S. Walk at Broadlands Homeowner’s Assoc., 

Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 2013). We therefore 

grant leave to proceed in forma pauperis, modify the district court’s order to reflect that 

the dismissal of Ndika’s complaint for lack of subject matter jurisdiction is without 

prejudice, and affirm the dismissal as modified. See 28 U.S.C. § 2106 (2012); MM ex rel. 

DM v. Sch. Dist. Of Greenville Cty., 303 F.3d 523, 536 (4th Cir. 2002) (“[W]e are 

entitled to affirm the court’s judgment on alternate grounds, if such grounds are apparent 

from the record.”). 

We dispense with oral argument because the facts and legal contentions are 

adequately presented in the materials before this court and argument would not aid the 

decisional process.

AFFIRMED AS MODIFIED
### §51316. Temporary appointments to the Academy

Notwithstanding any other provision of law, the Maritime Administrator may appoint any present employee of the United States Merchant Marine Academy non-appropriated fund instrumentality to a position on the General Schedule of comparable pay. Eligible personnel shall be engaged in work permissibly funded by annual appropriations, and such appointments to the Civil Service shall be without regard to competition, for a term not to exceed 2 years.

(Added Pub. L. 110–417, div. C, title XXXV, §3506(h)(1), Oct. 14, 2008, 122 Stat. 4765.)

#### **Editorial Notes**

#### References in Text

The General Schedule, referred to in text, is set out under section 5332 of Title 5, Government Organization and Employees.
Exhibit 10.2
​

​
Personal and Confidential
​
November 15, 2022
​
Wayne Leland
​
​
Dear Wayne:
​
Congratulations!  This Letter of Employment is intended to summarize the terms under which you would agree to serve in the corporate position of Senior Vice President/Operations working out of our Grosse Pointe, Michigan office. This letter is not intended to serve as an employment contract, nor is it intended to create any contractual obligations by either party. Your official start date is January 3,2023.  The terms of this agreement are as follows:
​
		1.	A base salary of $300,000 per year, payable bi-weekly in accordance with Saga’s current payroll policy. 

​
		2.	You will be eligible for an annual discretionary bonus of up to $35,000 as determined by the company’s Compensation Committee based on the company’s performance.

​
		3.	Participation, subject to Board of Director approval and direction, in the Company’s 2005 Incentive Compensation plan for awarding restricted stock.

​
		4.	Participation in Saga’s health, life, 401K, disability etc. that you are currently enrolled in as part of the Company’s benefit plan. 

​
		5.	Participation in General Manager’s Non-Qualified Deferred Compensation 

(“Rabbi Trust”) Plan upon meeting eligibility requirements.
​
6.   Reimbursement for reasonable and customary business expenses in accordance with Saga’s reimbursement policy. 
​



7.   You will be eligible to enroll in the Company’s executive medical reimbursement plan for senior officers with Benicomp Select. Under this plan, you will submit any eligible out-of-pocket expenses and RX that are not covered by your BlueCross Plan for reimbursement up to $20,000 per plan year for your family. Such reimbursement will be subject to ordinary payroll tax.
​
8.   You will receive temporary housing for up to 90 days to assist you in this transition.
​
9.   You will also receive reasonable moving expenses from Norfolk, Virginia to Grosse Pointe, Michigan (or another TBD nearby community.)
​
		10.	You will also be reimbursed for up to $2,000 for other documented out of pocket expenses associated with your move.

​
		11.	You will also be entitled to receive quarterly bonuses achieved as the General Manager in Norfolk, Virginia for quarters three and four of fiscal year 2022.

​
​
​
If you agree with the terms set forth in this Letter of Employment, please sign and return to Annette Calcaterra via fax at (313) 881-2085 or via email to acalcaterra@sagacom.com.  Please return this document, signed.
 ​
​
We look forward to having you join the corporate team, Wayne!
​
​
Sincerely,                                                  Agreed To:
​
​
                        ​
​
_/s/ Warren Lada__________/s/ Wayne Leland   _____
Warren Lada                                                                Wayne Leland
Interim President and CEO
I 

109TH CONGRESS 

1ST SESSION H. R. 3162 

To amend the Internal Revenue Code of 1986 to restore the 80-percent 

deduction for meal and entertainment expenses. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 30, 2005 

Mr. FOLEY (for himself, Mr. FARR, Mr. ENGLISH of Pennsylvania, Mr. GARRETT of New Jersey, and Mr. CANNON) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To amend the Internal Revenue Code of 1986 to restore 

the 80-percent deduction for meal and entertainment 

expenses. 

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

3 SECTION 1. RESTORATION OF 80-PERCENT DEDUCTION 

4 FOR MEAL AND ENTERTAINMENT EXPENSES. 

5 (a) IN GENERAL.—Subsection (n) of section 274 of 

6 the Internal Revenue Code of 1986 (relating to only 50 

7 percent of meal and entertainment expenses allowed as de8 duction) is amended— 
2 

•HR 3162 IH 

1 (1) by striking ‘‘50 percent’’ in paragraph (1) 

2 and inserting ‘‘80 percent’’, and 

3 (2) by striking ‘‘50 PERCENT’’ in the subsection 

4 heading and inserting ‘‘80 PERCENT’’. 

5 (b) CONFORMING AMENDMENT.—Subsection (n) of 

6 section 274 of such Code is amended by striking para7 graph (3). 

8 (c) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply to taxable years beginning after 

10 the date of the enactment of this Act. 

Æ
### Geology of the Upton Quadrangle, Crook and Weston counties, Wyoming

By: W. J. MapelC. L. Pillmore

                            https://doi.org/10.3133/b1181J

#### Links

- More information:  **National Geologic Map Database Index Page**                            (html)
-                                                                                                                             Document:                                                                                                                                                                                                                                                  **Report**                                                                                                     (4455 pdf)                                                                                                                                     
- Plate:  **Plate 1**                            (3550 pdf)                        
- Download citation as:  RIS                         |                         Dublin                            Core

#### Abstract

Part or all of this report is presented in Portable Document Format                        (PDF). For best results viewing and printing PDF documents, it is recommended that you download                        the documents to your computer and open them with Adobe Reader. PDF documents opened from your                        browser may not display or print as intended. Download the latest version of Adobe Reader, free of charge. More information                        about viewing, downloading, and printing report files can be found at the common download problems FAQ.
§ 3285.604 Drainage system. ( a ) *Crossovers.* Multi-section homes with plumbing in more than one section require drainage system crossover connections to join all sections of the home. The crossover design requirements are located in, and must be designed in accordance with, § 3280.610 of this chapter.
( b ) *Assembly and support.* If portions of the drainage system were shipped loose because they were necessary to join all sections of the home and designed to be located underneath the home, they must be installed and supported in accordance with § 3280.608 of this chapter.
( c ) *Proper slopes.* Drains must be completed in accordance with § 3280.610 of this chapter. ( 1 ) Drain lines must not slope less than one-quarter inch per foot, unless otherwise noted on the schematic diagram, as shown in Figure to § 3285.604.
( 2 ) A slope of one-eight inch per foot may be permitted when a clean-out is installed at the upper end of the run.
( d ) *Testing procedures.* The drainage system must be inspected and tested for leaks after completion at the site. The installation instructions must provide testing requirements that are consistent with § 3280.612 of this chapter.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3428 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 3428

 To amend the Internal Revenue Code of 1986 to repeal the medicine and 
          drugs limitation on the deduction for medical care.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2005

  Ms. Hart (for herself and Mr. Ross) introduced the following bill; 
         which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To amend the Internal Revenue Code of 1986 to repeal the medicine and 
          drugs limitation on the deduction for medical care.

    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 ``OTC Medicine Tax Fairness Act of 
2005''.

SEC. 2. REPEAL OF MEDICINE AND DRUGS LIMITATION ON DEDUCTION FOR 
              MEDICAL CARE.

    (a) In General.--Section 213 of the Internal Revenue Code of 1986 
(relating to medical, dental, etc., expenses) is amended by striking 
subsection (b).
    (b) Conforming Amendment.--Section 213(d) of such Code is amended 
by striking paragraph (3).
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after the date of the enactment of 
this Act.
                                 <all>
```
**Exhibit32.2**

 

**SECTION 1350 CERTIFICATIONS**

 

In connection with the Annual Report of Lazy Days’ R.V.Center, Inc. (the “Corporation”) on Form 10-K, as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Charles L. Thibault,Chief Financial Officer and Treasurer of the Corporation, certify, pursuant to18 U.S.C. Section 1350, as adopted pursuant to Section 906 of theSarbanes-Oxley Act of 2002, that to the best of my knowledge:

 

(3)                  The Report fully complieswith the requirements of section 13(a) or 15(d) of the Securities Exchange Actof 1934; and

 

The information contained in the Report fairly presents, inall material respects, the financial condition and results of operations of theCorporation.

 

 
| Dated:  March  31, 2005 | By:    | /s/ Charles L.  Thibault                                              |   |
|-----------------------------------|--------|-----------------------------------------------------------------------|--------|
|                              |   | Charles L.  Thibault                                                  |   |
|                              |   | Chief Financial  Officer and Treasurer  (Principal Financial Officer) |   |

 

1

----
### §7706. Drug testing reporting

(a) Release of Drug Test Results to Coast Guard.—Not later than 2 weeks after receiving from a Medical Review Officer a report of a verified positive drug test or verified test violation by a civilian employee of a Federal agency, an applicant for employment by a Federal agency, an officer in the Public Health Services, or an officer in the National Oceanic and Atmospheric Administration Commissioned Officer Corps, who is employed in any capacity on board a vessel operated by the agency, the head of the agency shall release to the Commandant the report.

(b) Standards, Procedures, and Regulations.—The head of a Federal agency shall carry out a release under subsection (a) in accordance with the standards, procedures, and regulations applicable to the disclosure and reporting to the Coast Guard of drug tests results and drug test records of individuals employed on vessels documented under the laws of the United States.

(c) Waiver.—Notwithstanding section 503(e) of the Supplemental Appropriations Act, 1987 (5 U.S.C. 7301 note), the report of a drug test of an employee or an applicant for employment by a Federal agency may be released under this section without the prior written consent of the employee or the applicant.

(Added Pub. L. 108–293, title IV, §414(a), Aug. 9, 2004, 118 Stat. 1046; amended Pub. L. 113–281, title III, §304, Dec. 18, 2014, 128 Stat. 3043; Pub. L. 115–232, div. C, title XXXV, §3541(b)(13), Aug. 13, 2018, 132 Stat. 2323.)

#### **Editorial Notes**

#### References in Text

Section 503(e) of the Supplemental Appropriations Act, 1987, referred to in subsec. (c), is section 503(e) of Pub. L. 100–71, which is set out as a note under section 7301 of Title 5, Government Organization and Employees.

#### Amendments

2018—Subsec. (a). Pub. L. 115–232 struck out "of the Coast Guard" after "Commandant".

2014—Subsec. (a). Pub. L. 113–281, §304(1), inserted "an applicant for employment by a Federal agency," after "Federal agency,".

Subsec. (c). Pub. L. 113–281, §304(2), inserted "or an applicant for employment by a Federal agency" after "an employee" and substituted "the employee or the applicant" for "the employee".
#### Safeguard Insurance Company, Appellant, v. Inga Olsen et al., Defendants, and William Teiner, an Infant, by Anne Teiner, His Guardian ad Litem, Respondent.

Judgment unanimously affirmed, with costs to the respondent. No opinion. Concur — Rabin, J. P., Valente, Stevens, Eager and Steuer, JJ. [25 Misc 2d 743.]
# Third District Court of Appeal State of Florida Opinion filed July 6, 2022. Not final until disposition of timely filed motion for rehearing.

________________ No. 3D22-0275 Lower Tribunal No. 13-26649

________________ 

### Alisha Wynn , Appellant,
vs. 

### David Urode , Appellee.An Appeal from non-final orders from the Circuit Court for MiamiDade County, Scott M. Bernstein, Judge. Weinberger Law, PLLC, and John Weinberger (Clermont), for appellant. Kaplan Loebl, LLC, and Liliana Loebl and Amanda B. Haberman, for appellee. Before LINDSEY, GORDO and BOKOR, JJ. PER CURIAM. Affirmed.
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3106 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 3106

To suspend temporarily the duty on fabric woven with certain continuous 
             filament wholly nylon type-66 textured yarns.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 29, 2005

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

_______________________________________________________________________

                                 A BILL

 
To suspend temporarily the duty on fabric woven with certain continuous 
             filament wholly nylon type-66 textured yarns.

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

SECTION 1. FABRIC WOVEN WITH CERTAIN CONTINUOUS FILAMENT WHOLLY NYLON 
              TYPE-66 TEXTURED YARNS.

    (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:

``      9902.10.02      Fabric woven with   Free         No change        No change        On or before 12/  ''.
                         continuous                                                         31/2008
                         filament wholly
                         nylon type-66
                         textured yarns,
                         such fabric
                         capable of
                         stretching by at
                         least 100 percent
                         in the weft
                         direction
                         (provided for in
                         subheading
                         5407.41.00)......

    (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>
```
#### § 35.160 Waivers.

In accordance with § 5.110 of this title, on a case-by-case basis and upon determination of good cause, HUD may, subject to statutory limitations, waive any provision of subparts B, C, D, F through M, and R of this part.
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<PAGE>
                                                                    EXHIBIT 99.1


                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of Firearms Training Systems, Inc. (the
"Company") on Form 10-Q for the period ending December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Ronavan Mohling, Chairman of the Board of Directors and Chief Executive Officer
of the Company, certify, pursuant to 18 U.S.C. ss. 1350, as adopted pursuant to
ss. 906 of the Sarbanes-Oxley Act of 2002, that:

         (1)      The Report fully complies with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934; and

         (2)      The information contained in the Report fairly presents, in
all material respects, the financial condition and results of operations of the
Company.


                                        /s/ RONAVAN MOHLING
                                        ---------------------------------------
                                        Ronavan Mohling
                                        Chairman of the Board of Directors and
                                        Chief Executive Officer
                                        February 13, 2003