alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
FI LED U.S. COURT OF APPEALS ELEV ENT H CI RCUI T J ULY 21, 2009 T HOMAS K . K AHN CLERK [DO NOT PUBLISH] IN THE UN ITED STATES COURT OF APPEALS FOR THE ELE VENTH CIRCUIT

No. 0 9- 10 67 1 Non -Arg um en t Ca le nd ar

D. C. Dock etNo. 0 7- 00 06 6- CV-5 NATIONW IDE PROPERTY & CASUALTY INSURANCE COMP ANY, Pl ai nt iff -Ap pe ll ee,

ve rs us CLYDE OSBURN, a.k .a. Larry

Osb urn, MATT MATTINGLY, LIBERTY AUCTION, INC., Defen da nt s- App el la nt s.

App eal fro m

th e Uni te d S ta te s Di st ric t Co ur t fo r th e So ut he rn Dis tri ctof Ge or gi a

(J ul y 21 , 20 09 )

Befo re DUBINA, Ch ie f Ju dg e, W ILSON an d P RYOR, Ci rcu itJu dg es . PER CURI AM:Thi s i s an ap pe al fro m th e d is tri ctco ur t’s g ran t o f su m m ary jud gm en t i n fav orof Na ti on wid e Pro pe rty & Cas ua lt y Ins ur an ce Co m

pa ny (“ Nati on wid e”) i n

an in su ran ce co ve rag e d is pu te . Spe ci fic al ly, th e d is tri ctco ur t d et erm in edin a de ta il edwrit te n o rd er t ha t Nat io nwi de ha d n o dut y to de fen d o r in de m

ni fy ap pe ll an ts Lib ert y

Auct io n, In c. an d M at t M at ti ng ly becau se of a n u na m bi gu ou s

ex cl us io n c on ta in edin th e p ol ic y of i ns ur an ce. W e rev ie w a di st ric t co ur t’s g ran t o f su m m ary jud gm en t de no vo . Twi n C it y Fir e In s. Co . v. Ohi o C

as . Ins . Co., In c. , 48 0 F .3d12 54 , 12 58 (11 th Cir . 20 07 ). Afte r rev ie win g t he reco rdan d re ad in g t he pa rti es ’ br ie fs , we agr ee wi th th e di st ric t co ur t t ha t t he un di sp ut edfact s s ho w th atClyde Os bu rn ’s in juri es aro se ou t of th e “ m ai nt en an ce” of a n a ut om ob il e th atwas b ei ng “ op erat ed ” by L ib ert y 1 2 Auc ti on th ro ug h i ts ag en t, Ma tt in gl y . As a re su lt , we agr ee wi th th e d is tri ctco ur t t ha t t he ex cl us io n app li es , and Nati on wid e d oe s n ot ha ve th e dut y to de fen d Li be rty Auct io n a ndMat ti ng ly und er th e in su ran ce p ol ic y . Accor di ng ly, we affi rm th e d is tri ctco ur t’s g ran t o f su m m ary jud gm en t i n fa vo r of

Nati on wid e.

See Hollis v. St. Paul Fire & Marine Ins. Co. , 203 Ga. App. 252, 253, 416 S.E.2d 827, 829 1 (Ga . Ct. App. 1992). See W illiams v. State , 111 Ga. App. 588, 592, 142 S.E.2d 409, 4 6 2 (G a. C t

. Ap p. 1965); 2 Flournoy v. State , 106 Ga. App. 756, 758- 59, 128 S.E.2d 528, 530-31 (Ga . Ct. App. 1962). 2AFFIRMED.

3
Exhibit 21.1
 SUBSIDIARIES OF THE REGISTRANT
 Subsidiary name
    
    Jurisdiction of Incorporation or OrganizationAMCC (UK) Limited
    
    United KingdomApplied Micro Circuits Corporation France S.A.S.
    
    FranceAMCC Deutschland GmbH
    
    GermanyAMCC Japan Co., Ltd.
    
    JapanApplied Micro Circuits Corporation Canada
    
    CanadaAMCC Sales Corporation
    
    DelawareAMCC China, Inc.
    
    DelawareLaw 1111 Limited
    
    United KingdomAMCC Enterprise Corporation
    
    Delaware3Ware, Inc.
    
    CaliforniaApplied Micro Circuits Corporation (AMCC) Vietnam
    
    VietnamApplied Micro Circuits India Private Limited
    
    India
#### 1816.001 Definitions.

As used in this part—

*Earned award fee* means the payment of the full amount of an award fee evaluation period's score/rating.

*Term-determining official* means the designated Agency official who reviews the recommendations of the Award-Term Board in determining whether the contractor is eligible for an award term.

*Unearned award fee* means the difference between the available award fee pool amount for a given award fee evaluation period less the contractor's earned award fee amount for that same evaluation period.

[81 FR 50366, Aug. 1, 2016, as amended at 82 FR 34418, July 25, 2017]
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

CYNTHIA FALES, )

)

Plaintiff, )

)

v. ) No. 12 C 2878

)

CIGPF I CORP., et al., )

)

Defendants. )

MEMORANDUM ORDER

This Fair Debt Collection Practices Act has just been

assigned to this Court’s calendar. Its initial review of the

Complaint reveals that plaintiff Cynthia Fales (“Fales”) is a

Maine citizen from whom debt collector CIGPF I Corp. and its

affiliated co-defendant debt collectors attempted to collect a

debt by writing to her at her home from their offices elsewhere

(Minnesota and Georgia). In any event, this action has nothing

to do with Illinois except that Fales is represented by Chicago

counsel.

This Court must not be misunderstood as looking askance at

the efforts of Fales’ counsel, who are described in Complaint ¶3

as “the legal aid attorneys at the Chicago Legal Clinic’s Legal

Advocates for Seniors and People with Disabilities program

(‘LASPD’) located in Chicago, Illinois,” to pursue violators of

the Act. But as those counsel well know, this Court takes a dim

view of haling an asserted violator of the Act into court here in

Illinois where nothing about the lawsuit itself has any Illinois
connection. Indeed, the selfsame plaintiff’s counsel have very

recently moved, in an identical situation in another lawsuit

assigned at random to this Court’s calendar, to transfer it

elsewhere. This Court will not issue its customary initial

scheduling order in the hope that like action will attend this

case.

________________________________________

Milton I. Shadur

Senior United States District Judge

Date: April 23, 2012

2
Exhibit 23.1
 
 
  CONSENT OF INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM
Fahn Kanne & Co.

Head Office

Levinstein Tower

23 Menachem Begin Road

Tel-Aviv 66184, ISRAEL

P.O.B. 36172, 61361



T +972 3 7106666

F +972 3 7106660

www.gtfk.co.il
 
 
  
 We have issued our report dated March 30, 2012, with respect to the consolidated financial statements of PhotoMedex Inc. included in the annual report of PhotoMedex Inc. on Form 10-K for the year ended December 31, 2011. We hereby consent to the incorporation by reference of said report in the Registration Statement and Prospectus of PhotoMedex Inc. on Form S-3 (File No. 333-178751, effective January 13, 2012).
  
  
  /s/FAHN KANNE & CO. GRANT THORNTON ISRAEL
  
 Tel Aviv, Israel
 March 30, 2012
(August 14, 1963)

#### In the Matter of William J. Cronin, Appellant, v. Temporary New York State Commission of Investigation, Respondent.

Motion by petiti qnerappellant for leave to appeal to the Court of Appeals. Although it may seem that a constitutional question is the sole point involved in this proceeding and that an appeal to the Court of Appeals lies as a matter of right, the procedural problem presented on such an appeal is not free from doubt and sound practice seems to warrant an application for permission to appeal. “ The precaution of a motion for leave to appeal, made simultaneously, is generally wise; although, of course, it does not guarantee that the case will reach the Court of Appeals ” (Cohen and Iiarger, Powers of the New York Court of Appeals [rev. ed. ], § 54, p. 250). This was procedure followed, for example, in *Matter of Kaney*v. *New York State Civ. Serv. Comm.*(298 N. Y. 707), where the appeal was taken “on asserted constitutional grounds and also by permission of the Court of Appeals *”.*There is some analogy in principle in *Mandell*v. *liobinson*(294 N. Y. 841). Motion granted. Stay continued until appellant shall have had opportunity to apply to the Court of Appeals for a stay. Bergan, P. J,, Gibson, Herlihy and Taylor, JJ., concur.
(January 29, 1979)

#### Dellie Britt, Jr., Petitioner, v State Human Rights Appeal Board et al., Respondents.

— Proceeding pursuant to section 298 of the Executive Law to review an order of the State Human Rights Appeal Board, dated August 1, 1978, which, on the ground that the complaint was barred by the Statute of Limitations, vacated a determination and order of the State Division of Human Rights, dated November 16, 1977, holding that the complaint of petitioner Dellie Britt, Jr., had been timely filed and that he had been improperly dismissed from his employment because of racial discrimination. Order confirmed and proceeding dismissed, without costs or disbursements. We agree that petitioner’s "cause of action” accrued on October 20, 1972 when he was discharged and that the Statute of Limitations began to run at that time (see *Matter of Queensborough Community Coll, of City Univ. of N. Y. v State Human Rights Appeal Bd., State Div. of Human Rights*(49 AD2d 766). His own conduct thereafter supports that conclusion, to wit, he spoke to the business agent of the union because his employment had been unequivocally terminated. If we were to reach the merits, we would have, in any event, dismissed the proceeding since it appears that there was no racial discrimination in this case. Damiani, J. P., Titone, Shapiro and Hargett, JJ., concur.
#### 22.403-2 Copeland Act.

The Copeland (Anti-Kickback) Act (18 U.S.C. 874 and 40 U.S.C. 3145) makes it unlawful to induce, by force, intimidation, threat of procuring dismissal from employment, or otherwise, any person employed in the construction or repair of public buildings or public works, financed in whole or in part by the United States, to give up any part of the compensation to which that person is entitled under a contract of employment. The Copeland Act also requires each contractor and subcontractor to furnish weekly a statement of compliance with respect to the wages paid each employee during the preceding week. Contracts subject to the Copeland Act shall contain a clause (see 52.222-10) requiring contractors and subcontractors to comply with the regulations issued by the Secretary of Labor under the Copeland Act.

[53 FR 4935, Feb. 18, 1988, as amended at 70 FR 57454, Sept. 30, 2005]
Case: 1:12-cv-03671 Document #: 58 Filed: 08/07/13 Page 1 of 5 PageID #:523
Case: 1:12-cv-03671 Document #: 58 Filed: 08/07/13 Page 2 of 5 PageID #:524
Case: 1:12-cv-03671 Document #: 58 Filed: 08/07/13 Page 3 of 5 PageID #:525
Case: 1:12-cv-03671 Document #: 58 Filed: 08/07/13 Page 4 of 5 PageID #:526
Case: 1:12-cv-03671 Document #: 58 Filed: 08/07/13 Page 5 of 5 PageID #:527
UNITED STATES DEPARTMENT OF EDUCATION

OFFICE OF FINANCE AND OPERATIONS

Office of Acquisition and Grants Administration

MEMORANDUM

TO: The Director, Grants Policy and Training Division

FROM: The Deputy Assistant Secretary, Office of Acquisition and Grants Administration

SUBJECT: Redelegation of Authority to Approve and Issue Licenses and Obligation Authority

I. DELEGATION OF AUTHORITY

Under the authority vested in me by a delegation from the Assistant Secretary, Office of

Finance and Operations by delegation EK/EK/204, certified on September 19, 2019, I 

hereby delegate to you, to perform the functions related to the management and oversight 

of the Department’s license holders and obligation authority process:

A. the authority to sign any decisions memos, congratulation letters and certificates

for new and updated licenses, and 

B. the authority to approve waivers if the individual does not have the required oneyear experience as outlined in the Discretionary Handbook. 

Unless otherwise noted in future delegations of authority, amendments to the authority delegated 

in this document are included within the scope of this delegation. 

II. RESERVATION 

 None 

III. REDELEGATION

In accordance with OMB Circular No. A-50, the authority delegated in Section I may 

only be redelegated to a “top management official”. The authority delegated in I.A and

I.B above may be redelegated to the Director of the Grants Policy and Training Division, 

OFO/OAGA.

IV. CERTIFICATION AND EFFECTIVE DATE

This delegation is effective upon certification by the Department's Delegations Control 

Officer and supersedes all previous delegations of these authorities. I hereby ratify

actions within the scope of this delegation taken by you prior to the date of certification.

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

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.
Page 2 - Redelegation of Authority to Approve and Issue Licenses and Obligation

Authority

/s

Phillip Juengst

OGC CONCURRENCE: Michael Taylor; 6/8/21

Certified Date: 6/9/21

Delegations Control Officer: Jim Clemmens

DOA: EKG/EKGP/218
EXHIBIT 32.1
                      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 Annual Report on Form 10-KSB of Modern Technology
corp. (the "Company") for the year ended June 30, 2004, as filed with the
Securities and Exchange Commission on date hereof (the "Report"), the
undersigned, being Anthony Welch, Chief Executive Officer of the
Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant
to Section 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.



    Anthony Welch
    President, Chief Executive Officer and Director
    October 19, 2004
EXHIBIT 99.1
               CERTIFICATION OF CHIEF EXECUTIVE OFFICER
        PURSUANT TO SECTION 302 OF THE SARBANES-OXLEY ACT OF 2002

I, Arthur Seidenfeld, certify that:

1.  I have reviewed this annual report on Form 10-K of Modern Technology
    Corp.;
2.  Based on my knowledge, this annual report does not contain any untrue
    statement of a material fact or omit to state a material fact
    necessary to make the statements made, in light of the circumstances
    under which such statements were made, not misleading with respect to
    the period covered by this annual report;
3.  Based on my knowledge, the financial statements, and other financial
    information included in this annual report, fairly present in all
    material respects the financial condition, results of operations and
    cash flows of the registrant as of, and for, the periods presented in
    this annual report;
4.  The registrant's other certifying officers and I are responsible for
    establishing and maintaining disclosure controls and procedures (as
    defined in Exchange Act Rules 13a-14 and 15d-14) for the registrant
    and have;

    a)  designed such disclosure controls and procedures to ensure that
        material information relating to the registrant, including its
        consolidated subsidiaries, is made known to us by others within
        those entities, particularly during the period in which this
        annual report is being prepared;

    b)  evaluated the effectiveness of the registrant's disclosure
        controls and procedures as of a date within 90 days prior to the
        filing of this annual report (the "Evaluation Date");
        and

    c)  presented in this annual report our conclusions about the
        effectiveness of the disclosure controls and procedures based on
        our evaluation as of the Evaluation Date;

5.  The registrant's other certifying officers and I have disclosed, based
    on our most recent evaluation, to the registrant's auditors and the
    audit committee of registrant's board of directors (or persons
    performing the equivalent functions);

    a)  all significant deficiencies in the design or operation of
        internal controls which could adversely affect the registrant's
        ability to record, process, summarize and report financial data
        and have identified for the registrant's auditors any material
        weaknesses in internal controls; and

    b)  any fraud, whether or not material, that involves management or
        other employees who have a significant role in the registrant's
        internal controls; and

6.  The registrant's other certifying officers and I have indicated in
    this annual report whether there were significant changes in internal
    controls or in other factors that could significantly affect internal
    controls subsequent to the date of our most recent evaluation,
    including any corrective actions with regard to significant
    deficiencies and material weaknesses.

Date: September 3, 2003

        By: /s/ Arthur Seidenfeld

                Arthur Seidenfeld
                Chief Executive Officer
                September 3, 2003
August20,2013To:TO:FROM:ProposedRule:RECElVEDAUG28mCw-#-tltk-EXECUTIVEOFFICEWESTVIRGINIALEGISLATURELegis*Rule-Making3evt9ewCommitbe...Jw.bkd4A~MIb.lur~*~Co~KevhJF*,-ad~~s,~~dJiJahHqAdo---*-aBm8don3~~CouwdNOTICEiOFACTIONTAKENBYTHELEG1SLA.mRULE-MAKiNGREViEWNatalieE.Tennant,SecretaryofState.StateRegisterKrlstlnA.BoggsDEP-AirQuality60157thStreet,SECharleston,WV25304LegislativeRuleMakingCommitteePermbforConstructionandMajorModificationofMajorStationarySoumsforthePreventionTheLegislativeRule-MakingReviewCommitteeRecornrnedsthatUleWestVirginiaLegistaturn1.AuthorizetheagencytopromulgatetheLegisIativerule:(A)asoriginallyfiled(B)asmodifiedbytheagency2.AuthofizetheagencytopmulgatetheLegislativerulewithcertainamendments;amendmentsandastatementofreasonsforsuchrecommendationisattached.3.Au~~theagencytopromulgatetheLegislativeruleasmodifiedwithcertainamendments;amendmentsandastatementofreasonsforsuchrecommendationisattached.4.RecommendsthattheLegislaturerulebewithdrawn;astatementofreasonsfortherecommendationisattached.
ILND 450 (Rev. 10/13) Judgment in a Civil Action

IN THE UNITED STATES DISTRICT COURT

FOR THE 

NORTHERN DISTRICT OF ILLINOIS

George Lagen, on Behalf of Himself and All 

Others Similarly situated,

Plaintiff(s)

v.

United Continental Holdings, Inc., and 

United Airlines, Inc.

Defendant(s)

)

)

)

)

)

Case No. 12 C 4056

JUDGMENT IN A CIVIL CASE

Judgment is hereby entered (check appropriate box):

☐ in favor of plaintiff(s) Enter name of plaintiff 

and against defendant(s) Click here to enter text.

in the amount of $Click here to e ,

which ☐ includes Enter amount pre–judgment interest. 

☐ does not include pre–judgment interest.

Post-judgment interest accrues on that amount at the rate provided by law from the date of this judgment. 

Plaintiff(s) shall recover costs from defendant(s).

☒ in favor of defendant(s) United Continental Holdings, Inc., and United Airlines, Inc.

and against plaintiff(s)Click here to enter text.

.

Defendant(s) shall recover costs from plaintiff(s).

☐ other: 

This action was (check one):

☐ tried by a jury with Judge presiding, and the jury has rendered a verdict. 

☐ tried by Judge Select Judge without a jury and the above decision was reached. 

☒ decided by Judge Harry D. Leinenweber on a motion Defendants’ Motion for Summary Judgment

Date: 1/23/2014 Thomas G. Bruton, Clerk of Court

/s/ Wanda Parker, Deputy Clerk

Case: 1:12-cv-04056 Document #: 100 Filed: 01/23/14 Page 1 of 1 PageID #:1599
### MEMORANDUM OPINION
No. 04

- 10

- 00689

- CV IN THE INTEREST OF D.K.W. , A Child From the 57th Judicial District Court , Bexar County, Texas Trial Court No. 2009

- CI

- 12915 Honorable John D. Gabriel Jr. , Judge Presiding
PER CURIAM Sitting: Catherine Stone, Chief Justice Karen Angelini, Justice Marialyn Barnard, Justice Delivered and Filed: July 6, 2011
DISMISSED Appellant Donnell L. Weary Jr. appeals the trial court’s judgment signed October 26, 2010. After the clerk’s record was filed, the court reporter filed a notice in this court stating appellant had not paid for the reporter’s record and was not entitled to the reporter’s record without prepayment. We therefore ordered appellant to provide written proof to this court that he had either paid for the reporter’s record or was entitled to the reporter’s record without prepayment of the court reporter’s fee. We advised appellant that if he did not timely provide the requested written proof, his brief would be due in this court on May 2, 2011, and he would be permitted to raise only those issues or points that did not require a reporter’s record. Appellant did n ot respond. Accordingly, on May 18, 2011, we ordered appellant to file, on or before June04

- 10

- 00689

- CV

- 2

- 17, 2011, his brief, raising only those issues or points not requiring a reporter’s record, and a written response reasonably explaining his failure to timely file t he brief. We advised appellant that if he failed to file the brief and the written response by the date ordered, we would dismiss the appeal for want of prosecution. See T EX
. R. A PP
. P. 38.8(a). Appellant has not filed a brief or the written response or dered by the court. We therefore order this appeal dismissed for want of prosecution. We further order that appellee Constance Irene Davis recover her costs in this appeal from appellant Donnell L. Weary
Jr. PER CURIAM
EXHIBIT E

Case: 1:12-cv-03395 Document #: 41-9 Filed: 08/17/12 Page 1 of 7 PageID #:715
II Semh I (Subm;t) -eNDeaVOR

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Case: 1:12-cv-03395 Document #: 41-9 Filed: 08/17/12 Page 2 of 7 PageID #:716
. Senior Advisors

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Edgar Bronfman. Jr. (Chairman) Accretive LLC

General Partner

Michael Ahearn True North Venture Partners, LP

Chairman & Managing Partner

..

j Emilio Azcarraga Jean Televisa

Chairman, President, CEO and President of the Executive Committee

Case: 1:12-cv-03395 Document #: 41-9 Filed: 08/17/12 Page 3 of 7 PageID #:717
Matt Bannick Omidyar Network

Managing Partner

Nick Beim Matrix Partners

General Partner

~ Ii Matthew Brown CAIS

Co- Founder & CEO

Wences Casares Lemon.com (formerly Bling Nation, Inc)

Founder & CEO; Endeavor Entrepreneur

Case: 1:12-cv-03395 Document #: 41-9 Filed: 08/17/12 Page 4 of 7 PageID #:718
Managing Partner

J. Michael Cline Accretive LLC

Paul Fribourg Continental Grain Company

Jason Green Emergence Capital Partners

Founding General Partner

Case: 1:12-cv-03395 Document #: 41-9 Filed: 08/17/12 Page 5 of 7 PageID #:719
Reid Hoffman LinkedIn

Co-Founder & Executive Chairman

Peter B. Kellner Richmond Global LLC

Founder & Managing Partner; Endeavor Global, Co-Founder

., ~ i/".. William McGlashan TPG Growth

Founder & Managing Partner

,:l

Arif Naqvi Abraaj Capital

Founder & Group Chief Executive Officer

Case: 1:12-cv-03395 Document #: 41-9 Filed: 08/17/12 Page 6 of 7 PageID #:720
L I Joanna Rees VSP Capital

Founder & Managing Partner

Linda Rottenberg Endeavor - Global

Co-founder & CEO

Elliot Weissbluth HighTower Advisors

CEO & Director

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Case: 1:12-cv-03395 Document #: 41-9 Filed: 08/17/12 Page 7 of 7 PageID #:721