alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Colonial Sand & Stone Co., Inc., Appellant, v. Tracy Towing Line, Inc., et al., Respondents.

Order, entered on February 14, 1961, denying plaintiff’s motion for summary judgment, unanimously reversed, on the law, with $20 costs and disbursements to plain tiff-appellant, and the motion granted, with $10 costs. The action is for the recovery of property damage. Plaintiff’s deekseow Milestone Light was moored to a dock in the East River. The Milestone Light was struck by a scow in tow of defendants’ southbound tugboat. The undisputed facts establish defendants’ negligence as a matter of law. The captain of defendants’ tugboat left the pilot house in charge of his deckhand and returned too late to prevent his tugboat and tow from passing too near the west shore and colliding with the Milestone Light. The opposing affidavit fails to controvert the facts establishing negligence. In our opinion the prima facie proof is so convincing that the inference of negligence arising therefrom in the absence of other evidence is inescapable. *(Richard Equip. Corp.*v. *Manhattan Ind. Contr. Co.,*9 A D 2d 691.) Concur — Rabin, J. P., McNally, Stevens, Eager and Steuer, JJ.
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman, Chief Justice

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Kurtis T. Wilder

Elizabeth T. Clement, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 June 29, 2018

t0627

Order 

Clerk

June 29, 2018

154565 (84)

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellant,

v SC: 154565

COA: 325569

Wayne CC: 13-009087-FC

LAVERE DOUGLAS-LE BRYANT,

Defendant-Appellee.

____________________________________/

On order of the Court, the motion for reconsideration of this Court’s May 16, 2018 

order is considered, and it is DENIED, because it does not appear that the order was 

entered erroneously.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Homeland Security

###### Federal Emergency Management Agency

          - [Internal Agency Docket No. FEMA-1946-DR; Docket ID FEMA-2010-0002]

# AGENCY:

Federal Emergency Management Agency, DHS.

# ACTION:

Notice.

# SUMMARY:

This notice amends the notice of a major disaster declaration for the Commonwealth of Puerto Rico (FEMA-1946-DR), dated October 26, 2010, and related determinations.

# DATES:

*Effective Date:*                         November 5, 2010.                    

# FOR FURTHER INFORMATION CONTACT:

Peggy Miller, Office of Response and Recovery, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646-3886.

# SUPPLEMENTARY INFORMATION:

The notice of a major disaster declaration for the Commonwealth of Puerto Rico is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of October 26, 2010.

Adjuntas, Morovis, Orocovis, and Villalba Municipalities for Public Assistance.

The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance—Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant.

W. Craig Fugate,

Administrator, Federal Emergency Management Agency.

[FR Doc. 2010-28836 Filed 11-15-10; 8:45 am]

BILLING CODE 9111-23-P
Stan J.H. Lee, CPA
2160 North Central Rd., Suite 203, Fort Lee, NJ 07024
PO Box 436402, san Ysidro, CA 92143-9402
619-623-7799 Fax 619-564-3408, stan2u@gmail.com



To Whom It May Concern:

The firm of Stan J.H. Lee, Certified Public Accountants,  consents
 to the inclusion of our report of May 19, 2009, on the reviewed
financial statements of  Cal Alta Auto Glass, Inc.  as of March
31, 2009 and for the period then ended in any filings that are
necessary now or in the near future with the U.S. Securities
and Exchange Commission.

Very truly yours,




 /s/ Stan J.H. Lee, CPA

__________________________
Stan J.H. Lee, CPA



May 19, 2009
Fort Lee, NJ, 07024








Registered with the Public Company Accounting Oversight Board
Member of New Jersey Society of Certified Public Accountants
[Federal Register Volume 75, Number 220 (Tuesday, November 16, 2010)]
[Notices]
[Pages 70002-70003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28729]


=======================================================================
-----------------------------------------------------------------------

EXPORT-IMPORT BANK OF THE U.S.

[Public Notice 2010-0052]


Agency Information Collection Activities: Comment Request

AGENCY: Export-Import Bank of the U.S.

ACTION: Submission for OMB Review and Comments Request.

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

    Form Title: Notice of Claim and Proof of Loss, Medium Term 
Guarantee.

SUMMARY: The Export-Import Bank of the United States (``Ex-Im Bank'') 
is the

[[Page 70003]]

official export credit agency of the United States. Its mission is to 
create and sustain U.S. jobs by financing U.S. exports through direct 
loans, guarantees, insurance and working capital credits. By 
neutralizing the effect of export credit support offered by foreign 
governments and by absorbing credit risks that the private sector will 
not accept, Ex-Im Bank enables U.S. exporters to compete fairly in 
foreign markets on the basis of price and product. Under the Medium 
Term Guarantee Program, Ex-Im Bank provides guarantees of principal and 
interest on floating or fixed-rate loans by eligible lenders to credit 
worthy buyers of U.S. goods and services. The guarantee covers the 
repayment risks on the foreign buyer's debt obligations. Ex-Im Bank 
guarantees that, in the event of a payment default by the borrower, it 
will repay the lender the outstanding principal and interest on the 
loan.
    In the event that a borrower defaults on a transaction guaranteed 
by Ex-Im Bank the guaranteed lender may seek payment by the submission 
of a claim. This collection of information is necessary, pursuant to 12 
U.S.C. 635(a)(1), to determine if such claim complies with the terms 
and conditions of the relevant guarantee agreement.
    This form can be reviewed http://www.exim.gov/pub/pending/EIB-10-05-Claim-Filing-Form-Guarantees.pdf.

DATES: Comments should be received on or before January 18, 2011 to be 
assured of consideration.

ADDRESSES: Comments maybe submitted electronically on http://www.regulations.gov or by mail to Michele Kuester, Export Import Bank 
of the United States, 811 Vermont Ave., NW., Washington, DC 20571.

SUPPLEMENTARY INFORMATION: Titles and Form Number: Notice of Claim and 
Proof of Loss, Medium Term Guarantee (EIB 10-05).
    OMB Number: 3048-XXXX.
    Type of Review: New.
    Need and Use: This collection provides Ex-Im Bank staff with the 
information necessary to process the filing of a claim for a defaulted 
transaction under Ex-Im Bank's Medium Term Guarantee program.
    Number of Respondents: 65.

Sharon A. Whitt,
Agency Clearance Officer.
[FR Doc. 2010-28729 Filed 11-15-10; 8:45 am]
BILLING CODE 6690-01-P
#### §§ 1753.69-1753.75 [Reserved]
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Department of Veterans Affairs

# AGENCY:

Department of Veterans Affairs.

# ACTION:

Notice of Intent to enter into an Enhanced-Use Lease.

# SUMMARY:

                        The Secretary of VA intends to enter into an EUL of the 1889 Soldiers Home Chapel (Building #12), the 1901 Chaplain's Quarters (Building                               ( print page 69743)                            #16), and the surrounding approximately 2.5 acres at the Clement J. Zablocki VAMC in Milwaukee, Wisconsin.                    

The selected Lessee will finance, design, develop, construct, manage, maintain, and operate the Soldiers Home Chapel and Chaplain's Quarters. As consideration for the lease, the Lessee will be required to restore the Chapel and rehabilitate the Chaplain's Quarters.

Lessee will also provide referral counseling services for homeless Veterans, and set aside at least one room in the Chapel to provide counseling and outreach services for homeless Veterans. Lessee will provide priority to Veterans and their families for funerals, weddings, wedding renewals, multi-denominational and community events and presentations.

# FOR FURTHER INFORMATION CONTACT:

Edward Bradley, Office of Asset Enterprise Management (044C), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 461-7778. (This is not a toll-free number.)

# SUPPLEMENTARY INFORMATION:

                    Title 38 U.S.C. 8161                     *et seq.*                     states that the Secretary may enter into an Enhanced-Use Lease if he determines that implementation of a business plan proposed by the Under Secretary for Health for applying the consideration under such a lease for the provision of medical care and services would result in a demonstrable improvement of services to eligible Veterans in the geographic service-delivery area within which the property is located. This project meets this requirement.                

Approved: August 27, 2010.

Eric K. Shinseki,

Secretary of Veterans Affairs.

[FR Doc. 2010-28632 Filed 11-12-10; 8:45 am]

BILLING CODE 8320-01-P
§ 1710.411 Analytical support documentation. Applications for loans under this subpart may only be made for eligible activities and investments included in an RUS-approved EE Program. In addition to a business plan and operations plan, a request for EE program approval must include analytical support documentation that demonstrates the program meets the requirements of § 1710.303 and assures RUS of the operational and financial integrity of the EE Program. This documentation must include, but is not necessarily limited to, the following: ( a ) A comparison of the utility's projected annual growth in demand after incorporating the EE Program together with an updated baseline forecast on file with RUS, where each includes an estimate of energy consuming devices used by customers in the service territory and a specific time horizon as determined by the utility for meeting the performance objectives established by them for the EE Program;
( b ) Demonstration that the required periods of performance under § 1710.405(c) can reasonably be expected to be met;
( c ) A report of discussions and coordination conducted with the power supplier, where applicable, issues identified as a result, and the outcome of this effort.
( d ) An estimate of the amount of direct investment in utility-owned generation that will be deferred as a result of the EE Program;
( e ) A description of efforts to identify state and local sources of funding and, if available, how they are to be integrated in the financing of the EE Program; and
( f ) Copies of sample documentation used by the utility in administering its EE Program.
( g ) Such other documents and reports as the Administrator may require.
#### Ilene Vogel, Respondent, v Ronald Vogel, Appellant.

In a matrimonial action, the defendant husband appeals from an order of the Supreme Court, Queens County, entered June 20, 1979, which granted plaintiff’s motion for temporary alimony and directed him to pay plaintiff temporary alimony of $130 per week. Order reversed, without costs or disbursements, and motion for temporary alimony denied. The circumstances here do not warrant the granting of temporary alimony (see *Lee v Lee,*41 AD2d 557; *Geller v Geller,*59 AD2d 933). However, this disposition should not affect the determination of the Trial Justice, after hearing the facts and circumstances of the case at the trial. Hopkins, J. P., Mangano, Rabin and Gulotta, JJ., concur.
IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLUMBIA 

AMERICAN LUNG ASSOCIATION, et al, 

 Plaintiffs, 

 and 

HEARTH, PATIO & BARBECUE 

ASSOCIATION, 

ATTN: Jack H. Goldman 

1901 North Moore St., Suite 600 

Arlington, VA 22209 

Proposed Plaintiff-Intervenor 

v. 

GINA MCCARTHY, in her official capacity as 

Administrator, U.S. Environmental Protection 

Agency, 

 Defendant. 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

) 

 No. 13-cv-01555 (GK) 

[PROPOSED] ORDER GRANTING INTERVENTION

Considering the Motion to Intervene as Plaintiff filed by the Hearth, Patio & Barbecue 

Association, the Statement of Points and Authorities, and other supporting materials, 

IT IS HEREBY ORDERED that:

The Motion to Intervene as Plaintiff is GRANTED and Hearth, Patio & Barbecue 

Association may intervene as a plaintiff in the above-captioned matter; and 

Hearth, Patio & Barbecue Association’s Complaint hereby is deemed filed on the date 

on which this Order is entered. 

Case 1:13-cv-01555-GK Document 13-9 Filed 10/31/13 Page 1 of 2
2 

Washington, District of Columbia, this ____ day of , 2013. 

 

 U.S. District Judge 

Case 1:13-cv-01555-GK Document 13-9 Filed 10/31/13 Page 2 of 2
<PAGE>
                                                                   EXHIBIT 10.41

                              ZIFF DAVIS MEDIA INC.
                               28 East 28th Street
                            New York, New York 10016

                                 March 15, 2005

Mr. Scott McCarthy
114 Alder Avenue
San Anselmo, California  94960

            Re:   Executive Agreement (the "Agreement") dated as of October 15,
                  2004 between you and Ziff Davis Media Inc. (the "Company")

Dear Scott:

      This letter confirms that you and the Company have agreed that the last
two sentences of Section 3(b) of the Agreement are deemed deleted in its
entirety and replaced with the following:

      "Executive shall not receive a bonus for 2004. Executive's target Bonus
      (i.e., the amount that would be paid if the quantitative and qualitative
      objectives are achieved) shall be not less than $250,000. Additionally, on
      or before March 31, 2005, Executive shall be paid a one-time sign-on bonus
      in the amount of $175,000."

      Except as expressly modified above, the parties agree that the Agreement
remains unmodified and in full force and effect.

      By signing below, each party hereby agrees with the above.

                                     Sincerely,

                                     Gregory Barton
                                     Executive Vice President

AGREED:

________________________
Scott McCarthy
* Pursuant to 5 TH C IR

. 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 5 TH C IR

. R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-41199 Summary Calendar

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

ANTONIO VALDEZ-GUERRERO,

Defendant-Appellant.

-------------------- Appeal from the United States District Court for the Southern District of Texas

(L-00-CR-511-1)

-------------------- June 4, 2001

Before HIGGINBOTHAM, WIENER, and BARKSDALE, Circuit Judges.

PER CURIAM: *

Defendant-Appella nt Antonio Valdez-Guerrero was sentenced

following his conviction on his plea of guilty to possession with

intent to distribute cocaine in violation of 21 U.S.C. §§ 841(a)(1)

and 841(b)(1)(B). He appeals the district court’s refusal to

depart downward from the Sentencing Guide lines for his alleged

aberrant behavior. We dismiss for lack of jurisdiction.

Valdez argues that we should remand for resentencing in light

of an amendment to the United States Sent encing Guidelines

(U.S.S.G.) that added § 5K2.20 effective one month after Valdez was2

sentenced. Under both the version of the Guidelines that was in

effect at the time Valdez was sentenced and the version that became

e ffective afterwards and included § 5K2.20, Valdez’s conduct was

not aberrant behavior. Regarding the pre-amendment version, we

have held that aberrant b ehavior is generally a spontaneous and

seemingly thoughtless act, not one resulting from substantial

planning. See United States v. Williams , 974 F.2d 25, 26-27 (5th

Cir. 1992). Here, the district court found that Valdez had ample

time to consider his actions over the course of approximately three

and one-half days between the time he was approached regarding the

crime and the time he was arrested. The court also found that his

actions resulted from substantial planning. The same finding would

apply to the amended version of the Guidelines: Valdez’s actions

do not constitute aberrant behavior as defined by § 5K2.20.

The record demonstrates that, under either the pre-amendment

or post-amendment versions of the Guidelines, Valdez’s actions were

committed with significant planning and were not spontaneous or of

limited duration. Thus, a downward departure for aberrant behavior

would not app ear to be warranted. As the court did not

misapprehend its authority under either version of the Guidelines,

we lack jurisdiction to hear this appeal. S ee Uni ted States v.

Reyes-Nava , 169 F.3d 278, 280 (5th Cir. 1999). As such, Valdez’s

appeal is

DISMISSED.

S:\OPINIONS\UNPUB\00\00-41199.0 5/22/01 9:49 AM
EO IA 

U.S. Department of Transportation Docket Operations 

West Building Ground Floor, Room 12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Docket# FAA-2015-2801 

3209 Latham Drive 

Madison, WI 53713 

T 608.273.8458 

F 608.273.8456 

Re: Request for Amendment unde Section 333 of the FAA Modernization and Reform Act of 2012 

and Part 11 of the Federal Aviatio Regulations from Certain Provisions of 14 C.F.R. 

Dear Sir or Madam: 

Tilt Media Inc. submits this amend ent to seek exemption from the following regulations: 

14 C.F.R 21(h); 14 C.F.R. 43.7; 14 C. .R. 43.11; 14 C.F.R. 45.11; 14 C.F.R. 45.27; 14 C.F.R. 45.29; 14 C.F.R. 

91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F .. 91.9(c); 14 C.F.R. 91.103{b)(2); 14 C.F.R. 91.105; 14 C.F.R. 91.109; 

14 C.F.R. 91.113{b); 14 C.F.R. 91.11 (c); 14 C.F.R. 91.121; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) and (b); 

14 C.F.R. 215; 14 C.F.R. 91.403; 14 .F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 409(a)(1) and (a)(2); 

and 14 C.F.R. 91.417(a) and (b) to operate commercially a small unmanned aircraft system (UA) (10 lbs. 

or less). 

Further the applicant submits this amendment to seek exemption from the following rules: 

• Closed -set motion pictur and television filming. 

Approval ofthe amended exempti n requested by petitioner will allow commercial operation ofthe DJI 

Phantom II for aerial videography, lased set motion picture filming, real estate aerial videography, research surveying or as otherwise p escribed in an ATO issued COA. The requested exemption should be 

granted because operation of smal UAs, weighing less than 10 pounds, inclusive of battery and payload, conducted in the strict condi1ons outlined in the original petition (Docket FAA-2015-2801), will 

provide an equivalent level of safetr, while still allowing commercial operations. The lightweight aircraft 

covered by the exemption are far s fer than conventional operations conducted with helicopters and 
fixed wing aircraft weighing thousa ds of pounds and carrying highly flammable fuel, and operating in 

close proximity to the ground and eople. The seven factors Congress directed the FAA to consider 

when approving Section 333 exem tion petitions- size, weight, speed, operational capability, proximity 

to airports, proximity to populated areas, and operation within visual line of sight- each support the 

request. In particular, the aircraft al e small, and will operate at slow speeds, and close to the ground in 

order to more safely and efficiently conduct inspections that would otherwise involve a risk of death to 

the inspectors. The substantial incr ase of safety and decrease of risk to human life, coupled with the 

low risk use of UAs to conduct thes operations, weigh heavily in favor of granting this amendment to 

the exemption application. 

Thank you. 

Respectfully submitted, 

J~'-._ Richard Rubasch 

President I Founder 

Tilt Media Inc. 

3209 Latham Drive 

Madison, WI 53713 

0: 608-273-8458 

M: 608-334-8458 

www.tiltmedia.com