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

FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 4.2

Eastern Division

Innovatio IP Ventures, LLC, Patent

Litigation

Plaintiff,

v. Case No.: 1:11−cv−09308

Honorable James F. Holderman

Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Tuesday, February 14, 2012:

 MINUTE entry before Honorable James F. Holderman: Attorney Sharon

Albrecht's motion to withdraw as attorney for Dominick's Supermarkets, Inc. [16] is

granted. Status hearing set for 3/27/2012 at 9:30 AM. Parties are to meet and prepare

Form 52 for filing by 3/20/2012. Parties' stipulated motion to modify case schedule {11 C

1638) is entered and continued for 3/27/2012 at 9:30 AM. Attorney Sharon Renae

Albrecht terminated. Mailed notice (am)

ATTENTION: This notice is being sent pursuant to Rule 77(d) of the Federal Rules of

Civil Procedure or Rule 49(c) of the Federal Rules of Criminal Procedure. It was

generated by CM/ECF, the automated docketing system used to maintain the civil and

criminal dockets of this District. If a minute order or other document is enclosed, please

refer to it for additional information.

For scheduled events, motion practices, recent opinions and other information, visit our

web site at www.ilnd.uscourts.gov.

Case: 1:11-cv-09308 Document #: 20 Filed: 02/14/12 Page 1 of 1 PageID #:26
EXHIBIT 23 - CONSENT OF INDEPENDENT AUDITORS

We consent to the  incorporation  by reference (1) in the  Registration
Statements (Form S-8 No.  33-34906,  Form S-8 No. 33-43102 and Form S-8
No. 33-84094)  pertaining to the Provident  Financial Group,  Inc. 1988
Stock  Option  Plan,  (2)  in  Post-Effective  Amendment  No.  1 to the
Registration  Statement (Form S-8 No. 33-34904)  pertaining to the 1990
Provident  Financial Group,  Inc.  Employee Stock Purchase Plan, (3) in
the Registration  Statement (Form S-8 No.  33-90792)  pertaining to the
Provident   Financial   Group,   Inc.   Retirement  Plan,  (4)  in  the
Registration  Statements  (Form  S-8 No.  33-51230  and  No.  33-62707)
pertaining  to the 1992  Outside  Directors'  Stock Option Plan and the
1992 Advisory  Directors' Stock Option Plan and (5) in the Registration
Statement (Form S-8 No. 33-61576) pertaining to the Provident Financial
Group, Inc. Deferred  Compensation Plan of our report dated January 18,
2000,  with  respect  to  the  consolidated   financial  statements  of
Provident  Financial  Group,  Inc.  included in the Annual Report (Form
10-K) for the year ended December 31, 1999.




                                                  /s/ ERNST & YOUNG LLP






Cincinnati, Ohio
March 29, 2000
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### §2204a. Rural development; utilization of non-Federal offices; location of field units; interchange of personnel and facilities

The Secretary of Agriculture shall utilize to the maximum extent practicable State, regional, district, county, local, or other Department of Agriculture offices to enhance rural development, and shall to the maximum extent practicable provide directly, or, in the case of agencies outside of the Department of Agriculture, through arrangements with the heads of such agencies, for—

(1) the location of all field units of the Federal Government concerned with rural development in the appropriate Department of Agriculture offices covering the geographical areas most similar to those covered by such field units, and

(2) the interchange of personnel and facilities in each such office to the extent necessary or desirable to achieve the most efficient utilization of such personnel and facilities and provide the most effective assistance in the development of rural areas in accordance with State rural development plans.

(Pub. L. 92–419, title VI, §603(c), Aug. 30, 1972, 86 Stat. 675; Pub. L. 96–355, §4(5), Sept. 24, 1980, 94 Stat. 1174.)

#### **Editorial Notes**

#### Amendments

1980—Pub. L. 96–355 struck out designation for former par. (1) and, in such par., redesignated former subpars. (A) and (B) as pars. (1) and (2), respectively, and struck out former par. (2) which related to contents of report submitted under section 2204(b) of this title.

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

#### Effective Date of 1980 Amendment

Amendment by Pub. L. 96–355 effective Oct. 1, 1980, see section 10 of Pub. L. 96–355, set out as an Effective Date note under section 2204b of this title.

#### Transfer of Functions

Powers, duties, and assets of agencies, offices, and other entities within Department of Agriculture relating to rural development functions transferred to Rural Development Administration by section 2302(b) of Pub. L. 101–624.
1.107 Certifications. In accordance with 41 U.S.C. 1304, a new requirement for a certification by a contractor or offeror may not be included in this chapter unless— ( a ) The certification requirement is specifically imposed by statute; or
( b ) Written justification for such certification is provided to the Administrator for Federal Procurement Policy by the Federal Acquisition Regulatory Council, and the Administrator approves in writing the inclusion of such certification requirement.
[62 FR 44813, Aug. 22, 1997, as amended at 79 FR 24194, Apr. 29, 2014]
### §5. Findings and purpose

#### (a) Findings

The transactions subject to this chapter are entered into regularly in interstate and international commerce and are affected with a national public interest by providing a means for managing and assuming price risks, discovering prices, or disseminating pricing information through trading in liquid, fair and financially secure trading facilities.

#### (b) Purpose

It is the purpose of this chapter to serve the public interests described in subsection (a) through a system of effective self-regulation of trading facilities, clearing systems, market participants and market professionals under the oversight of the Commission. To foster these public interests, it is further the purpose of this chapter to deter and prevent price manipulation or any other disruptions to market integrity; to ensure the financial integrity of all transactions subject to this chapter and the avoidance of systemic risk; to protect all market participants from fraudulent or other abusive sales practices and misuses of customer assets; and to promote responsible innovation and fair competition among boards of trade, other markets and market participants.

(Sept. 21, 1922, ch. 369, §3, as added Pub. L. 106–554, §1(a)(5) [title I, §108], Dec. 21, 2000, 114 Stat. 2763, 2763A–383.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 5, acts Sept. 21, 1922, ch. 369, §3, 42 Stat. 999; June 15, 1936, ch. 545, §2, 49 Stat. 1491; Pub. L. 97–444, title II, §203, Jan. 11, 1983, 96 Stat. 2298, stated legislative findings, prior to repeal by Pub. L. 106–554, §1(a)(5) [title I, §108], Dec. 21, 2000, 114 Stat. 2763, 2763A–383.
#### § 200.1570 Limitations.

No action under this part will be entertained unless commenced, in accordance with § 200.1500(a), within 6 years from the date on which the violation occurred.
### §1003. Research, development, test, and evaluation efforts in furtherance of maritime and cargo security

#### (a) In general

The Secretary shall—

(1) direct research, development, testing, and evaluation efforts in furtherance of maritime and cargo security;

(2) coordinate with public and private sector entities to develop and test technologies, and process innovations in furtherance of these objectives; and

(3) evaluate such technologies.

#### (b) Coordination

The Secretary, in coordination with the Under Secretary for Science and Technology, the Assistant Secretary for Policy, the Commandant of the Coast Guard, the Director for Domestic Nuclear Detection,1 the Chief Financial Officer, and the heads of other appropriate offices or entities of the Department, shall ensure that—

(1) research, development, testing, and evaluation efforts funded by the Department in furtherance of maritime and cargo security are coordinated within the Department and with other appropriate Federal agencies to avoid duplication of efforts; and

(2) the results of such efforts are shared throughout the Department and with other Federal, State, and local agencies, as appropriate.

(Pub. L. 109–347, title III, §303, Oct. 13, 2006, 120 Stat. 1921.)

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

#### Change of Name

Reference to the Director for Domestic Nuclear Detection deemed to be a reference to the Assistant Secretary for the Countering Weapons of Mass Destruction Office, see section 2(b)(1)(B) of Pub. L. 115–387, set out as a note under section 591 of this title.

1 See Change of Name note below.
1 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

DECKERS OUTDOOR CORPORATION, 

 Plaintiff, 

 v. 

DOES 1-100 and DOES 101-500, 

 Defendants. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

Case No. 12-cv-00377 

Honorable Ronald A. Guzman 

 Magistrate Sheila M. Finnegan 

DECKERS OUTDOOR CORPORATION’S MOTION FOR DEFAULT 

AND DEFAULT JUDGMENT 

Plaintiff Deckers Outdoor Corporation (“Deckers”), by counsel, moves this Court to enter 

Default and Default Judgment against all Defendants. In support of this Motion, Deckers 

submits the accompanying Memorandum. 

 

Case: 1:12-cv-00377 Document #: 46 Filed: 03/26/12 Page 1 of 3 PageID #:864
2 

Dated this 26th day of March 2012. 

Greer, Burns & Crain Ltd. 

Attorneys for Plaintiff Deckers, 

_____/s/ Justin R. Gaudio_____________

Kevin W. Guynn 

Amy Ziegler 

Justin R. Gaudio 

Greer, Burns & Crain, Ltd. 

300 South Wacker Drive, Suite 2500 

Chicago, Illinois 60606 

312.360.0080 

312.360.9315 (facsimile) 

 kguynn@gbclaw.net 

 aziegler@gbclaw.net 

 jgaudio@gbclaw.net 

Case: 1:12-cv-00377 Document #: 46 Filed: 03/26/12 Page 2 of 3 PageID #:865
3 

CERTIFICATE OF SERVICE

 I hereby certify that on the 26th day of March, 2012, I will electronically file the 

foregoing with the Clerk of the Court, using the CM/ECF system and that I will e-mail the 

documents to all Defendants at the e-mail addresses identified in Schedule A to Decker’s 

Complaint. 

 

Greer, Burns & Crain Ltd. 

Attorneys for Plaintiff Deckers, 

_____/s/ Justin R. Gaudio_____________

Kevin W. Guynn 

Amy Ziegler 

Justin R. Gaudio 

Greer, Burns & Crain, Ltd. 

300 South Wacker Drive, Suite 2500 

Chicago, Illinois 60606 

312.360.0080 

312.360.9315 (facsimile) 

 kguynn@gbclaw.net 

 aziegler@gbclaw.net 

 jgaudio@gbclaw.net 

Case: 1:12-cv-00377 Document #: 46 Filed: 03/26/12 Page 3 of 3 PageID #:866
### §247. Fair treatment in storage of agricultural products

#### (a) In general

Subject to the capacity of a warehouse, a warehouse operator shall deal, in a fair and reasonable manner, with persons storing, or seeking to store, an agricultural product in the warehouse if the agricultural product—

(1) is of the kind, type, and quality customarily stored or handled in the area in which the warehouse is located;

(2) is tendered to the warehouse operator in a suitable condition for warehousing; and

(3) is tendered in a manner that is consistent with the ordinary and usual course of business.

#### (b) Allocation

Nothing in this section prohibits a warehouse operator from entering into an agreement with a depositor of an agricultural product to allocate available storage space.

(Aug. 11, 1916, ch. 313, pt. C, §8, as added Pub. L. 106–472, title II, §201, Nov. 9, 2000, 114 Stat. 2065.)

#### **Editorial Notes**

#### Prior Provisions

A prior section 247, acts Aug. 11, 1916, ch. 313, pt. C, §6, 39 Stat. 486; July 24, 1919, ch. 26, 41 Stat. 266; Feb. 23, 1923, ch. 106, 42 Stat. 1283; Mar. 2, 1931, ch. 366, §2, 46 Stat. 1463, required bond as condition to granting of license and additional bonds if first bond determined to become insufficient, prior to the general amendment of this chapter by Pub. L. 106–472. See section 245 of this title.

A prior section 8 of act Aug. 11, 1916, ch. 313, pt. C, was classified to section 250 of this title, prior to the general amendment of this chapter by Pub. L. 106–472.
Exhibits

To the Preliminary Comments of

Bayer CropScience LP & Valent U.S.A. Corporation

on the “Emergency Citizen Petition” to the U.S. Environmental

Protection Agency Concerning Clothianidin

dated March 20, 2012

June 12, 2012
INDEX

Exhibit A H. Pilatic, PANNA, J. Feldman, Beyond Pesticides, et. al., to L. Jackson,

EPA Administrator, Requesting Clothianidin SSURO (Dec. 8, 2010)

Exhibit B S. Bradbury, Director OPP, to H. Pilatic, PANNA, J. Feldman, Beyond

Pesticides, et. al., Re Requested Clothianidin SSURO (Feb. 18, 2011)

Exhibit C S. Bradbury, Director OPP, to G. Solomon and M. Wu, NRDC, Re Denial of

Petition to Cancel all 2,4-D Registrations (Apr. 7, 2012)

Exhibit D M. Marzaro, et al., Lethal Aerial Powdering of Honey Bees With

Neonicotinoids From Fragments of Maize Seed Coat, Bulletin of Insectology

64(1): 119-126 (2011)

Exhibit E V. Girolami, et al., Fatal Powdering of Bees in Flight with Particulates of

Neonicotinoids Seed Coating and Humidity Implication, J. Appl. Entomol.

136:17-26 (2012)

Exhibit F PANNA, Pesticides and Honey Bees: State of the Science (May 2012)

Exhibit G C. Mullin, et. al, High Levels of Miticides and Agrochemicals in North

American Apiaries: Implications for Honey Bee Health, PLoS ONE 5(3)

(Mar. 2010)

Exhibit H Preliminary Results: Honey Bee Colony Losses in the U.S., Winter 2011-

2012, available at: http://beeinformed.org/2012/05/winter2012/

(last visited June 7, 2012)

Exhibit I A. Vaughan, EFED, to K. Davis, RD, Data Evaluation Record For MRID

46907801 (Nov. 30, 2007) (with cover letter)

Exhibit J A. Pease, EFED, to K. Davis and V. Eagle, RD, Reclassification of MRIDs

46907801 and 46907802 (Dec. 22, 2010)

Exhibit K C. Scott-Dupree and C. Cutler, Memo Response to Criticism of Study

EBTIX064 (Jan. 12, 2011) (with cover letter)

Exhibit L V. Eagle, EPA Product Manager, to R. Kneen, Bayer Regulatory Affairs

(Feb. 24, 2011).

Exhibit M A. Vaughan, EFED, to K. Davis, V. Eagle, and M. Laws, RD, Re

Clothianidin Registration (Oct. 21, 2009)

Exhibit N Arena 50 WDG Insecticide Conditional Registration Letter and Label (Nov.

30, 2004)

Exhibit O J. DeCant, EFED, to K. Davis and V. Eagle, RD, Revised Reclassification of

MRIDs 46907801 and 46907802 (Dec. 2, 2012)
* Pursuant to 5TH CIR. R. 47.5, the court has determined

that this opinion should not be published and is not precedent

except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 98-31136

Summary Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

KIBIBI NAYO DAVISON,

Defendant-Appellant.

- - - - - - - - - -

Appeal from the United States District Court

for the Eastern District of Louisiana

USDC No. 98-CR-0070-B-ALL

- - - - - - - - - -

July 7, 1999

Before EMILIO M. GARZA, DeMOSS, and BENAVIDES, Circuit Judges.

PER CURIAM:*

Kibibi Nayo Davison appeals her jury conviction for

conspiracy to interfere with commerce by robbery and solicitation

of robbery in violation of 18 U.S.C. §§ 373, 1951. Her unopposed

motion to supplement the record is GRANTED. 

Davison contends that the district court erred in admitting

evidence of her alleged involvement in a drug conspiracy and

another planned robbery as other acts evidence under Rule 404(b)

of the Federal Rules of Evidence. Because the evidence of 
No. 98-31136 

-2-

Davison’s $6000 loan to Terrance Williams and her involvement

with another planned robbery which was not charged was relevant

to her motive and intent in the charged conspiracy to commit

robbery and solicitation of robbery, the district court did not

abuse its discretion in admitting the other acts evidence. See

United States v. Misher, 99 F.3d 664, 670 (5th Cir. 1996); United

States v. Beechum, 582 F.2d 898, 911 (5th Cir. 1978)(en banc).

Davison argues that the district court clearly erred in

increasing her offense level by two points for obstruction of

justice under § 3C1.1 of the U.S. Sentencing Guidelines based on

her alleged perjury at trial. The district court made sufficient

findings that Davison committed perjury when she testified that

she loaned $6000 to Williams for various personal reasons, based

on the testimony of Aqui Simpson and Nicole Pope presented by the

Government that Davison loaned $6000 to Williams to purchase

heroin and “flip” or double the money for her. Therefore, the

district court did not clearly err in increasing her offense

level by two points for obstruction of justice based on Davison’s

perjury. See United States v. Storm, 36 F.3d 1289, 1295 (5th

Cir. 1994).

Davison contends that the district court clearly erred in

increasing her offense level by two points under § 2B3.1(b)(4) of

the Guidelines based on its finding that she and her

coconspirators intended to use physical restraint of the robbery

victim. Because the Government presented a recorded telephone

conversation between Williams and Simpson in which they

specifically discussed using physical restraint against the
No. 98-31136 

-3-

robbery victim, the district court did not clearly err in holding

that a two-level increase was warranted under § 2B3.1(b)(4)

because she and her coconspirators specifically intended to use

physical restraint against the robbery victim. See U.S.S.G.

§ 2B3.1(b)(4).

MOTION GRANTED; JUDGMENT AFFIRMED.
**EXHIBIT 23**

**CONSENT OF INDEPENDENT AUDITORS**

    We consent to the incorporation by reference in Registration Statement No. 2-86070 on Form S-8 datedAugust 23,1983; Registration Statement No. 33-30364 on Form S-8 dated August 7, 1989; Registration Statement No. 33-58750 onForm S-8 dated February 24, 1993; Registration Statement No. 33-58752 on Form S-8 dated February 24, 1993; Registration StatementNo. 33-52487 on Form S-8 dated March 2, 1994 and Post-Effective Amendment No. 1 to Registration StatementNo. 33-52487 on Form S-8 dated March 3, 1994; Registration Statement No. 333-12743 on Form S-4 datedSeptember 26, 1996; Registration Statement No. 333-52575 on Form S-8 dated May 13, 1998; Registration Statement No. 333-57273 onForm S-8 dated June 19, 1998 of our report dated October 22, 1998, with respect to the consolidated financial statements incorporated by reference in the Annual Report(Form 10-K) of Andrew Corporation for the year ended September 30, 1999.

/s/Ernst & Young LLP
UNITED STATES DEPARTMENT OF EDUCATION

THE SECRETARY

MEMORANDUM

TO: The Inspector General

FROM: The Secretary

SUBJECT: Delegation of Authority 

I. DELEGATION

Under the authority vested in me by Chapter 43 of Title 5, U.S.C., Subchapter II; 

Title 5 C.F.R., Part 430, Subpart C; Title 5 C.F.R., Part 359, Subpart E; Title 5, 

C.F.R., Section 293.404(b)(1); Office of Personnel Management Director’s 

Memorandum, Certification of Performance Appraisal System for Senior 

Employees for Calendar Year 2007, dated October 31, 2006; and Personnel Manual 

Instruction 430-3 (revised), dated May 18, 2007, Section IV.G., and your authority 

pursuant to Section 6(d) of the Inspector General Act, as amended, I hereby 

delegate to you, to your successor in function, or to anyone serving for you in an 

acting capacity, the authority to establish a separate Office of Inspector General 

(OIG) Performance Review Board (PRB) to advise you in lieu of the Department of 

Education’s PRB. This includes, but is not limited to, the authority to call upon 

senior executives from other federal OIGs to sit on the OIG PRB.

II. CONDITIONS

 In exercising the authority: 

1) OIG shall conduct its PRB in accordance with Office of Personnel Management 

guidelines and report its results to the Office of the Secretary and the Office of 

Management;

2) OIG shall follow the principles I have established for the Department’s PRB, 

including the principles that ratings for the Senior Executive Service be realistic 

and meaningfully differentiate among levels of performance and that 

performance-based pay adjustments and bonuses also meaningfully differentiate 

among levels of performance.

III. RESERVATIONS

 None.
Page 2 – Delegation of Authority

IV. REDELEGATION

This authority may not be redelegated.

V. CERTIFICATION AND EFFECTIVE DATE

This delegation is effective upon certification by the Department’s Principal 

Delegations Control Officer. It supersedes all previous delegations of this specific 

authority.

_____________/s/_______________

Margaret Spellings

OGC Clearance and Date: /s/ Will Haubert, 4/3/2008

Certified Date: 4/9/2008

Departmental Delegations Control Officer: /s/ Naty G. Beetle

Control Number: EA/EF/175
#### WAKE COUNTY HOSP. SYS. v. SAFETY NAT. CASUALTY CORP.

No. 444P97

Case below: 127 N.C.App. 33

Petition by plaintiffs for discretionary review pursuant to G.S. 7A-31 denied 6 November 1997.