alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
In the United States Court of Federal Claims 

OFFICE OF SPECIAL MASTERS

No. 17-2019V

Filed: October 18, 2018

UNPUBLISHED

RANDALL FENNIG,

 Petitioner,

v.

SECRETARY OF HEALTH AND 

HUMAN SERVICES,

 Respondent.

Special Processing Unit (SPU); 

Ruling on Entitlement; Concession;

Table Injury; Influenza (Flu) Vaccine;

Guillain-Barre Syndrome (GBS)

Clifford John Shoemaker, Shoemaker, Gentry & Knickelbein, Vienna, VA, for petitioner.

Voris Edward Johnson, U.S. Department of Justice, Washington, DC, for respondent.

RULING ON ENTITLEMENT1

Dorsey, Chief Special Master:

On December 22, 2017, petitioner filed a petition for compensation under the 

National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,

2

(the 

“Vaccine Act”). Petitioner alleges that he suffered Guillian-Barre Syndrome (“GBS”) as 

a result of the influenza vaccination received on October 17, 2016. Petition at 1-2. The 

case was assigned to the Special Processing Unit of the Office of Special Masters.

On October 17, 2018, respondent filed his Rule 4(c) report in which he concedes

that petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report 

at 1. Specifically, respondent states that “petitioner suffered the Table injury of GBS 

following a flu vaccine within the Table time period, and there is not a preponderance of 

the medical evidence that petitioner’s GBS was due to a factor unrelated to the 

 

1 Because this unpublished ruling contains a reasoned explanation for the action in this case, the 

undersigned intends to post it on the United States Court of Federal Claims' website, in accordance with 

the E-Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of 

Electronic Government Services). In accordance with Vaccine Rule 18(b), petitioner has 14 days to 

identify and move to redact medical or other information, the disclosure of which would constitute an 

unwarranted invasion of privacy. If, upon review, the undersigned agrees that the identified material fits 

within this definition, the undersigned will redact such material from public access.

2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for 

ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 

300aa (2012).
vaccination.” Id. at 6. Respondent further agrees that “[t]he claim also meets the 

statutory severity requirements because petitioner experienced sequelae of his GBS for 

more than six months” and therefore “compensation is appropriate, as petitioner has 

satisfied all legal prerequisites for compensation under the Act.” Id.

In view of respondent’s position and the evidence of record, the 

undersigned finds that petitioner is entitled to compensation.

IT IS SO ORDERED.

s/Nora Beth Dorsey

Nora Beth Dorsey

Chief Special Master
Exhibit B

Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 1 of 28 PageID #:4919
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 2 of 28 PageID #:4920
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 3 of 28 PageID #:4921
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 4 of 28 PageID #:4922
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 5 of 28 PageID #:4923
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 6 of 28 PageID #:4924
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 7 of 28 PageID #:4925
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 8 of 28 PageID #:4926
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 9 of 28 PageID #:4927
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 10 of 28 PageID #:4928
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 11 of 28 PageID #:4929
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 12 of 28 PageID #:4930
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 13 of 28 PageID #:4931
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 14 of 28 PageID #:4932
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 15 of 28 PageID #:4933
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 16 of 28 PageID #:4934
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 17 of 28 PageID #:4935
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 18 of 28 PageID #:4936
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 19 of 28 PageID #:4937
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 20 of 28 PageID #:4938
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 21 of 28 PageID #:4939
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 22 of 28 PageID #:4940
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 23 of 28 PageID #:4941
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 24 of 28 PageID #:4942
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 25 of 28 PageID #:4943
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 26 of 28 PageID #:4944
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 27 of 28 PageID #:4945
Case: 1:11-cv-09308 Document #: 198-2 Filed: 04/09/12 Page 28 of 28 PageID #:4946
#### 1330.201-5 Waiver.

The designee authorized to waive the applicability of Cost Accounting Standards for a particular contract or subcontract is set forth in CAM 1301.70.
13.006 Inapplicable provisions and clauses. While certain statutes still apply, pursuant to Public Law 103-355, the following provisions and clauses are inapplicable to contracts and subcontracts at or below the simplified acquisition threshold: ( a ) 52.203-5, Covenant Against Contingent Fees.
( b ) 52.203-6, Restrictions on Subcontractor Sales to the Government.
( c ) 52.203-7, Anti-Kickback Procedures.
( d ) 52.215-2, Audits and Records—Negotiation, except as used with its Alternate I, when using funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5).
( e ) 52.222-4, Contract Work Hours and Safety Standards—Overtime Compensation.
( f ) 52.226-7, Drug-Free Workplace, except for individuals.
( g ) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items.
[62 FR 64917, Dec. 9, 1997, as amended at 65 FR 36018, June 6, 2000; 73 FR 21790, Apr. 22, 2008; 74 FR 14648, Mar. 31, 2009; 79 FR 24201, Apr. 29, 2014; 89 FR 30237, Apr. 22, 2024]
### Michael Broker

NE3RD LLC November 2 , 2015
P.O. Box 6135 Navarre, FL 32566 Cell (832) 819

- 3009
Email: nerd@ne3rd.com Exemption No. 12417 Regulatory Docket No. FAA

– 2015

– 2203

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

RE: Petition for Relief from Conditions and Limitations #26

We would like to petition for relief from 

### Conditions and Limitations #26

. Specifically the requirement
to remain 500 feet from non

- participating structures or vehicles which will present a severe hardship as related to a potential project we are reviewing which has a strong public interest component

. Th is project entails the inspection of canals in South Florida to identify veget ation and debris build

- up which
are the leading cause of flooding in adjacent areas

. These inspe ctions are critically important during anticipated times of extreme rainfall which can easily overwhelm the flood drainage capacity of the

c anals when debris are pres ent. The importance of being able to quickly fly will allow the prioritization of clearing to occur and reduce the risk of potential flooding. Due to t he urban nature o f South Florida the density of vehicles and structures within most typical 500 ’ bu ffer s , will make the ability to identify
and notify owners a very time consumin g , difficult (if not impossible) and expensive task to perform prior to operations

. We wou ld like to request to have the participation buffer reduced to 100 ’

.

We anticipate this same issue may arise in other potential projects and desire this relief to lessen the
notification burden which will make the exemption usable for these types of critical projects in
urbanized areas

. Please note that strict safety procedures will be used including geofences and other mitigations to prevent the vehicle from travelling outside of our project areas. In this instance the canals are surrounded by a ROW with restricted access from non

- participating people. The vehicle we propose to fly is a micro sUA V (4lb multi

- rotor) which is flown at very low speeds, usually around 3 meters per second (or less than 7 miles per hour). The vehicle will be flown under 200 ’ per the blanket
COA we were issued.

Thank you for your time in reviewing our petition for relief from the hardship that the exi s ting 500 ’
buffer creates for our business

.

Sincerely,
Michael Broker
No. 8338.

#### The City of Cincinnati et al. *v.*Korf.

(Decided October 20, 1903.)

Error to Circuit Court of Hamilton county.

*Mr. G. J. Hunt*and *Mr. Albert H. Morrill,*for plaintiffs in error.

*545
      *Mr. Theo. Horstman*and *Mr. G. H. Kattenhorn,*for defendant in error.

Judgment reversed on authority of *Shoemaker*v. *Cincinnati,*68 Ohio St., 603.

Burket, C. J., Spear, Shauck, Price, Davis and Crew, JJ., concur.
§ 66.1 Purpose. In accordance with the authority in DoD Directive 5124.02, “Under Secretary of Defense for Personnel and Readiness (USD(P&R))” (available at *http://www.dtic.mil/whs/directives/corres/pdf/512402p.pdf*), this part: ( a ) Updates established policies and responsibilities for basic entrance qualification standards for enlistment, appointment, and induction into the Military Services and delegates the authority to specify certain standards to the Secretaries of the Military Departments.
( b ) Establishes the standards for age, aptitude, citizenship, dependents, education, medical, character/conduct, physical fitness, and other disqualifying conditions, which are cause for non-qualification for military service. Other standards may be prescribed in the event of national emergency.
( c ) Sets standards designed to ensure that individuals under consideration for enlistment, appointment, or induction are able to perform military duties successfully, and to select those who are the most trainable and adaptable to Service life.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          APR-03-1999
<PERIOD-END>                               APR-03-1999
<CASH>                                          17,395
<SECURITIES>                                         0
<RECEIVABLES>                                    9,880
<ALLOWANCES>                                      (46)
<INVENTORY>                                      4,370
<CURRENT-ASSETS>                                32,360
<PP&E>                                          27,995
<DEPRECIATION>                                 (8,842)
<TOTAL-ASSETS>                                  70,368
<CURRENT-LIABILITIES>                           10,281
<BONDS>                                        102,043
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                            14
<OTHER-SE>                                    (51,386)
<TOTAL-LIABILITY-AND-EQUITY>                    70,368
<SALES>                                         67,701
<TOTAL-REVENUES>                                67,701
<CGS>                                           41,361
<TOTAL-COSTS>                                   41,361
<OTHER-EXPENSES>                                 7,213
<LOSS-PROVISION>                                     6
<INTEREST-EXPENSE>                              11,190
<INCOME-PRETAX>                                  8,692
<INCOME-TAX>                                     3,325
<INCOME-CONTINUING>                              5,367
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     5,367
<EPS-BASIC>                                      39.61
<EPS-DILUTED>                                    39.61


</TABLE>
#### 1352.228-70 Insurance coverage.

As prescribed in 48 CFR 1328.310-70(a), insert the following clause:

# Insurance Coverage (APR 2010)

(a) *Workers Compensation and Employer's Liability.* The contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) *General liability.* (1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.

(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $________ [insert zero unless special circumstances apply, if applicable, insert dollar amount.].

(c) *Automobile liability.* The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) *Aircraft public and passenger liability.* When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) *Vessel liability.* When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.

(End of clause)

[75 FR 10570, Mar. 8, 2010; 75 FR 14496, Mar. 26, 2010]
#### 1304.804 Closeout of contract files.
AVAQMD Rule109 C- 3

Final Staff Report 05/12/10 Comment Letter 1C-4 AVAQMD Rule 109 Final Staff Report 05/12/10 District response to Lockheed e-mail comment.

1. No comment required.AVAQMD Rule109 C- 5

Final Staff Report 05/12/10

1 Comment Letter 2C-6 AVAQMD Rule 109 Final Staff Report 05/12/10 District response to USEPA comment letter.

1. Added new rule section (D)(5) pursant to USEPA c omment.AVAQMD Rule109 C- 7

Final Staff Report 05/12/10 Comment Letter 3C-8 AVAQMD Rule 109 Final Staff Report 05/12/10 District response to ARB comment letter.

1. No response required.
#### § 651.21 Finding of no significant impact.

A Finding of No Significant Impact (FNSI) is a document that briefly states why an action (not otherwise excluded) will not significantly affect the environment, and, therefore, that an EIS will not be prepared. The FNSI includes a summary of the EA and notes any related NEPA documentation. If the EA is attached, the FNSI need not repeat any of the EA discussion, but may incorporate it by reference. The draft FNSI will be made available to the public for review and comment for 30 days prior to the initiation of an action, except in special circumstances when the public comment period is reduced to 15 days, as discussed in § 651.14(b)(2)(iii). Following the comment period and review of public comments, the proponent forwards a decision package that includes a comparison of environmental impacts associated with reasonable alternatives, summary of public concerns, revised FNSI (if necessary), and recommendations for the decision maker. The decision maker reviews the package, makes a decision, and signs the FNSI or the NOI (if the FNSI no longer applies). If a FNSI is signed by the decision maker, the action can proceed immediately.
#### The People of the State of New York, Respondent, v. Ulysses Kemp, Appellant.

Motion to prosecute appeal as a poor person denied. Memorandum: From defendant’s own papers it appears that the notice of appeal was not timely served or filed and that there is no appeal pending before this court. If defendant desires to raise the question that he was prevented from filing a timely notice of appeal through the dereliction or fault of the prison authorities, his remedy should be through *coram nobis. (People*v. *Hairston,*10 N Y 2d 92.)
1.105-2 Arrangement of regulations. ( a ) *General.* The FAR is divided into subchapters, parts (each of which covers a separate aspect of acquisition), subparts, sections, and subsections.
( b ) *Numbering.* ( 1 ) The numbering system permits the discrete identification of every FAR paragraph. The digits to the left of the decimal point represent the part number. The numbers to the right of the decimal point and to the left of the dash, represent, in order, the subpart (one or two digits), and the section (two digits). The number to the right of the dash represents the subsection. Subdivisons may be used at the section and subsection level to identify individual paragraphs. The following example illustrates the make-up of a FAR number citation (note that subchapters are not used with citations):
( 2 ) Subdivisions below the section or subsection level consist of parenthetical alpha numerics using the following sequence: (a)(1)(i)(A)(*1*)(*i*).
( c ) *References and citations.* ( 1 ) Unless otherwise stated, cross-references indicate parts, subparts, sections, subsections, paragraphs, subparagraphs, or subdivisions of this regulation.
( 2 ) This regulation may be referred to as the Federal Acquisition Regulation or the FAR.
( 3 ) Using the FAR coverage at 9.106-4(d) as a typical illustration, reference to the— ( i ) Part would be “FAR part 9” outside the FAR and “part 9” within the FAR.
( ii ) Subpart would be “FAR subpart 9.1” outside the FAR and “subpart 9.1” within the FAR.
( iii ) Section would be “FAR 9.106” outside the FAR and “9.106” within the FAR.
( iv ) Subsection would be “FAR 9.106-4” outside the FAR and “9.106-4” within the FAR.
( v ) Paragraph would be “FAR 9.106-4(d)” outside the FAR and “9.106-4(d)” within the FAR.
( 4 ) Citations of authority (e.g., statutes or executive orders) in the FAR shall follow the Federal Register form guides.
[48 FR 42103, Sept. 19, 1983. Redesignated at 60 FR 34733, July 3, 1995, as amended at 65 FR 36015, June 6, 2000; 77 FR 44065, July 26, 2012]
### §2908. Enforcement

#### (a) Restraining order; civil penalty

If the Secretary believes that the administration and enforcement of this chapter or an order would be adequately served by such procedure, following an opportunity for an administrative hearing on the record, the Secretary may—

(1) issue an order to restrain or prevent a person from violating an order; and

(2) assess a civil penalty of not more than $5,000 for violation of such order.

#### (b) Jurisdiction of district court

The district courts of the United States are vested with jurisdiction specifically to enforce, and to prevent and restrain a person from violating, an order or regulation made or issued under this chapter.

#### (c) Civil action to be referred to Attorney General

A civil action authorized to be brought under this section shall be referred to the Attorney General for appropriate action.

(Pub. L. 94–294, §9, May 28, 1976, 90 Stat. 534; Pub. L. 95–334, title III, §302, Aug. 4, 1978, 92 Stat. 433; Pub. L. 99–198, title XVI, §1601(b), Dec. 23, 1985, 99 Stat. 1605.)

#### **Editorial Notes**

#### Amendments

1985—Pub. L. 99–198 amended section generally, substituting provisions relating to enforcement for provisions relating to referendum and cattle producer approval of orders, reimbursement of expenses by Secretary, procedural requirements, and bonding requirements.

1978—Pub. L. 95–334 substituted "a majority" for "not less than two-thirds".

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

#### Effective Date of 1985 Amendment

Amendment by Pub. L. 99–198 effective Jan. 1, 1986, see section 1601(c) of Pub. L. 99–198, set out as a note under section 2901 of this title.
#### § 767.26 Criminal law.

Nothing in these regulations is intended to prevent the United States from pursuing criminal sanctions for plundering of wrecks, larceny of Government property, or violation of applicable criminal law, whether the infringement pertains to a sunken military craft, a terrestrial military craft or other craft under the jurisdiction of the DON.
#### 1227.304 Procedures.
<PAGE>

                                                                    EXHIBIT 10.4

                               AMENDMENT NO. 1 TO
                              EMPLOYMENT AGREEMENT

     This Amendment No. 1 (the "Amendment") to that certain Employment Agreement
(the "Agreement") dated as of August 1, 1997 between Notify Technology
Corporation (the "Company") and Gaylan Larson (the "Employee") is made as of
February 23, 2000.

     In consideration of good and valuable consideration, the receipt of which
is hereby acknowledged, the Company and Employee agree as follows:

     1.  Section 3(a) of the Agreement shall be amended so that it reads in its
entirety as follows:

"Base Compensation.  The Company shall pay the Employee as compensation for
 -----------------
services a base salary at an annualized rate of $145,000.  Such salary shall be
reviewed at least annually and shall be increased from time to time subject to
accomplishment of such performance and contribution goals and objectives as may
be established from time to time by the Board.  Such salary shall be paid
periodically in accordance with normal Company payroll.  The annual compensation
specified in this Section 3(a), together with any increases in such compensation
that the Board may grant from time to time, is referred to in this Agreement as
"Base Compensation"."

     This Amendment has been executed effective as of the first date set forth
above.

NOTIFY TECHNOLOGY CORPORATION                       EMPLOYEE



   /s/  Paul DePond                                 /s/  Gaylan Larson
-------------------------------------               ---------------------------
Paul DePond, Chief Executive Officer                Gaylan Larson