alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### James Dempsey et al., Appellants, v Temple Israel of White Plains, Respondent.

— In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Westchester County, dated May 8, 1978, which denied their motion to transfer the case from the County Court to the Supreme Court. Order affirmed, with $50 costs and disbursements. Under all the circumstances, Special Term did not abuse its discretion in refusing to remove the case from the County Court to the Supreme Court. Damiani, J. P., Titone, O’Connor and Martuscello, JJ., concur.
#### Karl E. Schultz, as Executor of Marie L. Schultz, Deceased, Respondent, v. County of Erie, Appellant. (Action No. 2.)

Judgment and *744orders unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event. Same memorandum as filed in companion case of *Hunt*v. *Schultz*(21 A D 2d 743). (Appeal from judgment of Erie Trial Term in favor of plaintiff in an automobile negligence action; also, appeal from order denying motion for a new trial; also, appeal from order of Erie Special Term amending the judgment.) Present — Williams, P. J., Bastow, Henry, Noonan and Del Vecehio, JJ.
<PAGE>

                                 PROMISSORY NOTE



December 31, 1998                Daphne, Alabama
$290,448.17

Communitronics of America, Inc., referred to herein as "MAKER", agrees to pay
to the order of David R. Pressler, referred to herein as "HOLDER", or order,
the sum of $290,448.17, (two hundred eighty thousand two hundred fourteen &
17/100 Dollars), at 27955 Highway 98, Suite WWX, Daphne, Alabama, with interest
thereon at rate of 6.25% per annum, simple interest.

Said note shall be in due, unless earlier accelerated, in 59 installments
beginning January 31, 1999, payable every 30 days, in the amount of $1,608.72,
(one thousand six hundred eight & 72/100 Dollars) and one final installment on
December 31, 2003 of $285,317.93 (two hundred eighty-five thousand three hundred
seventeen & 93/100 Dollars). All payments received shall be credited first to
interest and then to principal. Should MAKER fail to pay any installment when
due, then HOLDER shall have the option to accelerate the payment of the full
principal sum and accrued interest payable. HOLDER shall have the right for
commercially reasonable causes, including but not limited to, the institution
of litigation, the filing of tax liens, or any other objective sign of
incapacity of the MAKER to pay the principal or interest due, to accelerate the
payment of the full principal sum and accrued interest payable.

This note is payable in U.S. Dollars. At any time the maximum rate of interest
applicable to this transaction shall not exceed the legal maximum rate of
interest for a note of this type. Any sums paid in excess of any lawful
limitation shall be applied to principal.

After default herein, this note will bear interest at the highest legal rate for
this type of note until paid in full. Upon any default, MAKER agrees to pay a
reasonable attorney's fee for any and all services of an attorney, whether in or
out of court, and for appeal and post-judgment collection legal services.

Dated:   December 31, 1998


/s/ David R. Pressler
---------------------------------------------------------
David R. Pressler, President and Chief Executive Officer
Communitronics of America, Inc.
#### Malvin White, Respondent, v. Good Operating Corp., Appellant.

Order, entered on November 19, 1962, denying motion to dismiss for lack of prosecution, unanimously reversed, on the law and on the facts and in the exercise of discretion, with $20 costs and disbursements to appellant, and the motion to dismiss the complaint granted, with $10 costs. Plaintiff failed, except feebly, to explain or excuse a delay of 73 months between the time of joinder of issue and the serving and filing of a note of issue (see *Seymour*V. *Lake Shore & Michigan So. By. Co.,*12 App. Div. 300). He failed to supply an affidavit of merits (see *Gallagher*v. *Clafington, Inc.,*7 A D 2d 627). A dismissal of the action is therefore required, notwithstanding the fact that plaintiff served and filed a note of issue immediately before the making of the motion to dismiss (e.g., *Quick Serv. Novelty Corp.*v. *Scharf,*3 A D 2d 989). Moreover, a showing of undue prejudice to defendant is not necessary *(Garcia*v, *Sentry-Norden Oil é Seating Co.,*18 A D 2d 789). Concur — Botein, P. J., Breitel, Rabin, Eager and Steuer, JJ.
UNITED STATES DISTRICT COURT

FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 5.0.3

Eastern Division

Ventas Realty, Limited Partnership

Plaintiff,

v. Case No.: 1:12−cv−03107

Honorable Ronald A. Guzman

ALC CVMA, LLC, et al.

Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Wednesday, May 9, 2012:

 MINUTE entry before Honorable Ronald A. Guzman: Motion by Plaintiff Ventas

Realty, Limited Partnership to supplement memorandum in support of motion for

expedited appointment of receiver [18] is granted. Mailed notice(cjg, )

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: 1:12-cv-03107 Document #: 20 Filed: 05/09/12 Page 1 of 1 PageID #:469
#### 22.1003 Applicability.
U.S. Department of Labor 

Employment Standards Administration 

Wage and Hour Division 

Fact Sheet #61: Day Laborers Under the Fair Labor 

Standards Act (FLSA)

 

This fact sheet provides general information concerning the application of the minimum 

wage, overtime pay and recordkeeping requirements of the FLSA to low-wage employees 

earning wages by the day, commonly known as day laborers. 

 

Minimum Wage: FLSA covered employers must pay day laborers at least the applicable 

minimum wage for all hours worked regardless of whether the worker is paid by the hour, 

the day, or at a piece rate. The minimum wage for covered nonexempt employees is $5.85 

an hour effective July 24, 2007, $6.55 an hour effective July 24, 2008, and $7.25 an hour 

effective July 24, 2009. (Certain State rates may be higher.) 

 

Hours Worked: Employers must pay day laborers for all work performed whether or not 

the employer approves the work in advance. In general, “hours worked” includes all time 

an employee must be on duty, or at the place of work. Normally, time spent in training, 

traveling from site to site during the day and doing repair work must be paid. 

 

Overtime: Normally, employers must pay time and one-half of the worker’s regular rate of 

pay after 40 hours of work in a 7-day workweek. 

 

Recordkeeping: Records must be kept by employers of all wages paid and of all hours 

worked, regardless of where the work is performed. Workers should keep a record of their 

employer’s name, address, phone number and the hours they worked. 

 

For additional information, visit our Wage-Hour website: http://www.wagehour.dol.gov and/or call our 

Wage-Hour toll-free information and helpline, available 8am to 5pm in your time zone, 1-866-4USWAGE 

(1-866-487-9243). 

 

第61條: 臨時工在公平勞工標準法規定下必需注意的要項(FLSA)

本細則提供了有關公平勞工標準法對賺取日薪的低所得員工,亦既臨時工,的基本資訊。在本法最

低工資、超時給付及記錄保存的規定應如何遵守。

 

最低工資:不論你的工資是時薪、日薪或是按件計酬,僱主必需付你所有工作時間現行的最低工資。

非豁免員工的最低工資為:每小時 $5.85,生效日期 2007 年7月24 日;每小時 $6.55,生效日

期 2008年7月24 日;每小時 $7.25,生效日期 2009 年7月24 (日某些州的時薪可能稍高) 。

工作時間:僱主必需償付工作者用於工作上所有的時間,不論事先是否經由僱主同意。一般來說,

“工作時間"包括工作者用於工作或是停留在工作場所的一切時間。那麼,用於受訓的時間及奔走

於工作地點之間花費的時間及因修理機器故障而等待的時間都是要付薪的。

超時:正常情形之下,你工作超過一週四十小時〔七天一週為準〕。僱主應按照你時薪的一倍半付

你超過四十小時外的時數。

記錄保存:僱主必需保存所有已付薪資紀錄及工時記錄,不論工作的地點在那裡。員工應該保有雇

主的姓名,地址,電話號碼,及自己工作時間的記錄。

你若想獲取更多資訊請上網網址: http://www.wagehour.dol.gov; 或於8AM ~ 5PM電 1-866-4US WAGE 

(1-866-487-9243) 本部查詢。 

 Revised July 2007
UNITED STATES DISTRICT COURT

FOR THE Northern District of Illinois − CM/ECF LIVE, Ver 5.0.3

Eastern Division

Marvin H. Maurras Revocable Trust, et al.

Plaintiff,

v. Case No.: 1:12−cv−03395

Honorable Gary Feinerman

Edgar M. Bronfman, Jr., et al.

Defendant.

NOTIFICATION OF DOCKET ENTRY

This docket entry was made by the Clerk on Tuesday, October 23, 2012:

 MINUTE entry before Honorable Gary Feinerman:Hearing on unopposed motion

for entry of leadership structure order [62] scheduled for 10/25/2012 [63] is stricken and

re−set for 10/29/2012 at 9:00 a.m.Mailed notice.(jlj)

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: 1:12-cv-03395 Document #: 64 Filed: 10/23/12 Page 1 of 1 PageID #:1209
UNITED STATES DEPARTMENT OF EDUCATION 

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES 

July 15, 2020 

Honorable Miguel Cardona 

Commissioner of Education 

Connecticut State Department of Education 

450 Columbus Boulevard 

Hartford, Connecticut 06103 

Miguel.Cardona@ct.gov 

Dear Commissioner Cardona: 

This letter grants final approval under Section 421(b) of the General Education Provisions Act 

for grant awards H027A180021 and H173A180024. 

The Department received your June 15, 2020 request on behalf of Connecticut State Department 

of Education for a waiver extending the period of availability for Federal fiscal year (FFY) 2018 

Individuals with Disabilities Education Act (IDEA) Part B grant award funds. 

With this approval, the FFY 2018 IDEA Part B grant award funds will be available for obligation 

through September 30, 2021 and may be liquidated through December 30, 2021. 

Please contact your Office of Special Education Programs (OSEP) State lead Lucille Sleger at 

Lucille.Sleger@ed.gov if you have any questions. 

Sincerely, 

/s/

Mark Schultz 

Commissioner, Rehabilitation Services Administration.

Delegated the authority to perform the functions and duties 

of the Assistant Secretary for the Office of Special 

Education and Rehabilitative Services.

cc: State Director 

400 MARYLAND AVE. S.W., WASHINGTON, DC 20202-2600 

www.ed.gov 

The Department of Education’s mission is to promote student achievement and preparation for global competitiveness 

by fostering educational excellence and ensuring equal access.
201.603-2 Selection. ( 1 ) In accordance with 10 U.S.C. 1724, in order to qualify to serve as a contracting officer with authority to award or administer contracts for amounts above the simplified acquisition threshold, a person must— ( i ) Have completed all contracting courses required for a contracting officer to serve in the grade in which the employee or member of the armed forces will serve;
( ii ) Have at least 2 years experience in a contracting position;
( iii ) Have received a baccalaureate degree from an accredited educational institution; and
( iv ) Meet such additional requirements, based on the dollar value and complexity of the contracts awarded or administered in the position, as may be established by the Secretary of Defense.
( 2 ) The qualification requirements in paragraph (1)(iii) of this subsection do not apply to a DoD employee or member of the armed forces who— ( i ) On or before September 30, 2000, occupied— ( A ) A contracting officer position with authority to award or administer contracts above the simplified acquisition threshold; or
( B ) A position either as an employee in the GS-1102 occupational series or a member of the armed forces in an occupational specialty similar to the GS-1102 series;
( ii ) Is in a contingency contracting force; or
( iii ) Is an individual appointed to a 3-year developmental position. Information on developmental opportunities is contained in DoD Instruction 5000.66, Defense Acquisition Workforce Education, Training, Experience, and Career Development Program.
( 3 ) Waivers to the requirements in paragraph (1) of this subsection may be authorized. Information on waivers is contained in DoD Instruction 5000.66.
[67 FR 65509, Oct. 25, 2002, as amended at 73 FR 21844, Apr. 23, 2008; 85 FR 34528, June 5, 2020]
II 

115TH CONGRESS 

1ST SESSION S. 564 

To repeal debt collection amendments made by the Bipartisan Budget Act 

of 2015, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 8, 2017 

Mr. MARKEY (for himself and Mr. LEE) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To repeal debt collection amendments made by the 

Bipartisan Budget Act of 2015, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Help Americans Never 

5 Get Unwanted Phone calls Act of 2017’’ or ‘‘HANGUP 

6 Act’’. 


rfrederick on DSKBCBPHB2PROD with BILLS
2 

•S 564 IS

1 SEC. 2. REPEAL OF DEBT COLLECTION AMENDMENTS; 

2 CLARIFYING COVERAGE WITH RESPECT TO 

3 GOVERNMENT CONTRACTORS. 

4 (a) IN GENERAL.—The Communications Act of 1934 

5 (47 U.S.C. 151 et seq.) is amended— 

6 (1) in section 3 (47 U.S.C. 153), by striking 

7 paragraph (39) and inserting the following: 

8 ‘‘(39) PERSON.—The term ‘person’— 

9 ‘‘(A) includes an individual, partnership, 

10 association, joint-stock company, trust, or cor11 poration; and 

12 ‘‘(B) for the purposes of section 227, in13 cludes— 

14 ‘‘(i) a contractor of— 

15 ‘‘(I) the United States Govern16 ment; or 

17 ‘‘(II) any State or local govern18 ment; and 

19 ‘‘(ii) an entity of any legal form.’’; 

20 and 

21 (2) in section 227(b) (47 U.S.C. 227(b))— 

22 (A) in paragraph (1)— 

23 (i) in subparagraph (A)(iii), by strik24 ing ‘‘, unless such call is made solely to 

25 collect a debt owed to or guaranteed by the 

26 United States’’; and 


rfrederick on DSKBCBPHB2PROD with BILLS
3 

•S 564 IS

1 (ii) in subparagraph (B), by striking 

2 ‘‘, is made solely pursuant to the collection 

3 of a debt owed to or guaranteed by the 

4 United States,’’; and 

5 (B) in paragraph (2)— 

6 (i) in subparagraph (F)(ii), by adding 

7 ‘‘and’’ at the end; 

8 (ii) in subparagraph (G)(ii), by strik9 ing ‘‘; and’’ at the end and inserting a pe10 riod; and 

11 (iii) by striking subparagraph (H). 

12 (b) REGULATIONS.—Section 301(b) of the Bipartisan 

13 Budget Act of 2015 (47 U.S.C. 227 note; Public Law 

14 114–74) is repealed. 

Æ 


rfrederick on DSKBCBPHB2PROD with BILLS
#### In the Matter of the Claim of Richard A. Hennessey, Jr., Respondent. Martin P. Catherwood, as State Industrial Commissioner, Appellant.

Motion to withdraw and discontinue appeal. Motion granted. Present — Bergan, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.
**Issue Paper 3**

**Session 1:  November 13-15, 2017**

**Issue:**	Financial Responsibility and Administrative Capability

**Statutory cites:**§§487(a) and (c), and 498, of the Higher Education Act of 1965, as amended

**Regulatory cites:**34 CFR 668.14, 668.16, 668.43, and part 668 subpart L

**Summary of issue:**

Under the HEA, the Secretary establishes standards for financial responsibility and administrative capability that institutions must meet to participate in the Federal student financial aid programs authorized under title IV.  If an institution violates these requirements, the Secretary may limit, suspend, terminate, or otherwise condition the institution’s title IV participation. 

Under the Department’s current regulations at 34 CFR 685.206(c), borrower defense discharges are granted in instances where it is determined that an institution has committed a violation of applicable State law.  When the Department discharges a borrower’s loans, the taxpayer assumes the costs of that discharge.  This raises the question of to what extent the institution is liable for the costs to the Department/taxpayer of those violations and the resulting discharges.  However, allegations of institutional misconduct may increase the likelihood that an institution will close, not have sufficient resources to pay outstanding or forthcoming borrower defense claims, or both.  Therefore, if the Department decides to promulgate regulations requiring institutions to bear financial responsibility for borrower defense claims, it may also be necessary to require that institutions post sureties in some instances to ensure that the taxpayers are not solely responsible for borrower defense loan discharges stemming from the institution’s unlawful acts.

Questions for consideration by the committee:

· Under what conditions or to what extent should institutions incur liability for reimbursement of borrower defense claims?

· Should the Department require the posting of sureties by institutions that are determined to be at risk for closure and/or borrower defense claims? Which metrics should be used when making these determinations? 

· Should the Department take additional steps to protect taxpayer interests? 

1
UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES

On February 24, 2017, President Trump signed Executive Order 13777, “Enforcing the 

Regulatory Reform Agenda,” which established a Federal policy “to alleviate unnecessary 

regulatory burdens” on the American people. In accordance with the Executive Order, the 

U.S. Department of Education (Department) published a notice in the Federal Register on 

June 22, 2017, seeking input on regulations and guidance that may be appropriate for repeal, 

replacement, or modification. The deadline for submitting input was September 20, 2017. I am 

pleased to provide an update on the work that the Office of Special Education and Rehabilitative 

Services (OSERS) has been doing since the President’s Executive Order, and the closing of the 

public input period. 

OSERS is currently reviewing regulations and guidance in phases, which includes analyzing the 

input submitted by the public. The first phase involved reviewing guidance that OSERS has 

published on the Individuals with Disabilities Education Act (IDEA), and the Rehabilitation Act

of 1973 (Rehab. Act), as amended. Initially, we evaluated the guidance to determine those that 

were outdated, unnecessary, or ineffective. At this time, OSERS has a total of 72 guidance 

documents that have been rescinded due to being outdated, unnecessary, or ineffective—63 from 

the Office of Special Education Programs (OSEP) and 9 from the Rehabilitation Services 

Administration (RSA). 

Attached is a chart that includes the guidance OSERS published on the IDEA and the 

Rehab. Act., which have been rescinded due to being outdated, unnecessary, or ineffective. 

I encourage you to visit the Department’s website to review the Department's Regulatory Reform 

Task Force's progress report. The Department is committed to an open and transparent process, 

and I will send periodic updates on the progress OSERS is making with the regulatory reform 

efforts.

Thank you for the work you do every day to improve the lives of individuals with disabilities. 

Kimberly M. Richey 

Acting Assistant Secretary
#### Josephine Heimrich, as Parent and Natural Guardian of Deborah Liberto, an Infant, et al., Appellants, v Catherine C. Stevens, et al., Respondents, et al., Defendants.

(Appeal No. 3.)

— Order and judgment unanimously reversed, with costs, and motion denied. Memorandum: This is an appeal from an order granting summary judgments to defendants Catherine Stevens and William Stevens in a negligence action in which the infant plaintiffs are seeking to recover for personal injuries that occurred when a vehicle owned by William Stevens and parked by Catherine Stevens was struck by a vehicle owned and operated by another defendant. At the time of the accident the plaintiffs were sitting on the fender of the Stevens car which had been parked on the "wrong” side of Green Road. Plaintiff has alleged and we must assume on this appeal, that the Stevens vehicle was parked partially on the paved portion of Green Road. Since negligence actions usually involve many issues of fact, including the reasonableness of the parties’ conduct, they are rarely subject to being dismissed by motion for summary judgment *(Scurti v City of New York,*40 NY2d 433, 442). Only in those instances where there is no factual conflict in the proof concerning the conduct of the parties is granting a motion for summary judgment the proper remedy *(Andre v Pomeroy,*35 NY2d 361, 364; *Carrillo v Kreckel,*43 AD2d 499). Here there are as yet undetermined issues of fact concerning the extent to which the Stevens car obstructed passage on Green Road and the ability of driver defendant Ackley to avoid the collision. Until these matters are resolved the issues of negligence and causation cannot be determined. Unlike the situation in *Sheehan v City of New York*(40 NY2d 496) this accident happened with little warning at night along a two-lane town highway. Further, there is here the disputed contention that a third vehicle was involved. In light of these various factual contentions, granting summary judgment for the Stevens defendants was premature. (Appeal from order and judgment of Monroe Supreme Court — dismiss complaint.) Present —Cardamone, J. P., Schnepp, Callahan, Doerr and Moule, JJ.
[Federal Register Volume 86, Number 11 (Tuesday, January 19, 2021)]
[Notices]
[Page 5308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01000]


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

DEPARTMENT OF STATE

[Public Notice: 11324]


Designation of Ansarallah as a Specially Designated Global 
Terrorist

    Acting under the authority of and in accordance with section 
1(a)(ii)(A) of Executive Order 13224 of September 23, 2001, as amended 
by Executive Order 13268 of July 2, 2002, Executive Order 13284 of 
January 23, 2003, and Executive Order 13886 of September 9, 2019, I 
hereby determine that the person known as Ansarallah, also known as 
Ansar Allah; also known as Ansarullah; also known as Partisans of God; 
and also known as Supporters of God, is a foreign person who has 
committed or has attempted to commit, or poses a significant risk of 
committing, or has participated in training to commit, acts of 
terrorism that threaten the security of U.S. nationals or the national 
security, foreign policy, or economy of the United States.
    Consistent with the determination in section 10 of Executive Order 
13224 that prior notice to persons determined to be subject to the 
Order who might have a constitutional presence in the United States 
would render ineffectual the blocking and other measures authorized in 
the Order because of the ability to transfer funds instantaneously, I 
determine that no prior notice needs to be provided to any person 
subject to this determination who might have a constitutional presence 
in the United States, because to do so would render ineffectual the 
measures authorized in the Order.
    This notice shall be published in the Federal Register.

    Dated: January 12, 2021.
Michael R. Pompeo,
Secretary of State.
[FR Doc. 2021-01000 Filed 1-15-21; 8:45 am]
BILLING CODE 4710-AD-P