alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Page 1 of 2

1

 Copies of the discovery were not attached to the motion, although the

documents were referenced in the motion as exhibits.

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

DAVID P. CAULDER,

Plaintiff,

vs. CASE NO. 4:02CV396-SPM/AK

DOUGLAS S. LYONS, 

Defendant.

 /

O R D E R

Defendant has moved to compel responses to his interrogatories and requests

for production of documents which he contends were served upon Plaintiff on June 27,

2005, and to which there has been no response.1 (Doc.56). Plaintiff has not responded

to the motion.

Plaintiff’s failure to file timely objections to Defendant’s request for production of

documents constitutes a waiver of the objections, and Plaintiff must provide all

requested documents which are within his possession, custody or control within the

Case 4:02-cv-00396-SPM-AK Document 57-2 Filed 12/21/05 Page 1 of 2
Page 2 of 2

No. 4:02cv396-spm/ak

meaning of Fed. R. Civ. P. 34(a). Peat, Marwick, Mitchell & Co. v. West, 748 F.2d 540

(10 Cir. 1984), pet. for cert. dism. 469 U.S. 1199 (1985); Perry v. Golub, 74 F.R.D. 360,

363 (N.D. Ala. 1976). Further, Plaintiff’s failure to respond timely to Defendant’s

interrogatories constitutes a waiver of any objections to those interrogatories, and he

must answer them fully. Fed. R. Civ. P. R. 33(b)(4). 

Plaintiff is warned that if he continues to fail to cooperate in discovery, the Court

may enter such orders as it deems necessary and just, pursuant to Fed. R. Civ. P. R.

37, which includes dismissing his cause of action.

Accordingly, it is

ORDERED:

Defendant’s Motion to Compel Discovery (doc. 56) is GRANTED and Plaintiff

shall respond without objection to the interrogatories and requests for production of

documents on or before January 20, 2006. 

Plaintiff is warned that failure to comply with this order may result in a

recommendation to the district judge that this cause be dismissed for failure to

prosecute.

DONE AND ORDERED this 21st day of December, 2005.

s/ A. KORNBLUM 

ALLAN KORNBLUM

UNITED STATES MAGISTRATE JUDGE

Case 4:02-cv-00396-SPM-AK Document 57-2 Filed 12/21/05 Page 2 of 2
EXHIBIT  32


                    Certification of CEO and CFO 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 Quarterly Report on Form 10-Q of BlackRock Kelso Capital
Corporation (the "Company") for the quarter ending September 30, 2006 as filed
with the Securities and Exchange Commission on the date hereof (the "Report"),
James R. Maher, as Chief Executive Officer of the Company, and Frank D. Gordon,
as Chief Financial Officer of the Company, each hereby certifies, pursuant to
ss.18 U.S.C. ss.1350, as adopted pursuant to ss.906 of the Sarbanes-Oxley Act of
2002, that, to the best of his knowledge:

         (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.


/s/ James R. Maher
-----------------------
Name: James R. Maher
Title: Chief Executive Officer
Date: November 14, 2006

/s/ Frank D. Gordon
------------------------
Name: Frank D. Gordon
Title: Chief Financial Officer
Date: November 14, 2006


This certification accompanies the report pursuant to ss.906 of the
Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by the
Sarbanes-Oxley Act of 2002, be deemed filed by the Company for purposes of ss.18
of the Securities Exchange Act of 1934, as amended.

A signed original of this certification required by ss.906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.
AMENDMENT TO HELMSTAR GROUP, INC.
                        1990 INCENTIVE COMPENSATION PLAN




         The Helmstar  Group,  Inc. 1990 Incentive  Compensation  Plan is hereby
amended, effective June 5, 1996, as follows:

        Section 3 is amended in its entirety to read as follows:

        3.  SHARES SUBJECT TO THE PLAN

         The maximum  aggregate  number of shares as to which  awards or options
         may at any time be granted  under this Plan shall be 750,000  shares of
         the  Company's  Common  Stock,  par value $.10 per share  (the  "Common
         Shares"),  subject to  adjustment as provided in Section 2 of Article V
         hereof.  Such  Common  Shares  may be either  authorized  but  unissued
         shares, or shares  previously issued and reacquired by the Company.  If
         and to the extent options granted under the Plan  terminate,  expire or
         are cancelled  without having been  exercised,  or shares awarded under
         the  Restricted  Stock  Plan shall be  forfeited,  new  options  may be
         granted with respect to the shares covered by the  terminated,  expired
         or cancelled  options and  forfeited  shares may be reissued  under the
         Restricted Stock Plan.
#### § 29.6104 Rule 18.

Burn shall be determined as the average burning time of leaves selected at random from the sample. A minimum of 10 leaves shall be selected as representative regardless of the number of bundles or bales in the lot. All burn tests shall be made in the bindercutting area on the same side of the leaf. The leaf shall be punctured to permit quick ignition when placed over a candle, alcohol lamp, or electrical-lighting device. Good burn shall average 6 seconds or longer; fair burn, 3 to 5 seconds; and poor burn, under 3 seconds. B1 and B2 shall require good burn and B3, fair burn.
Exhibit 10.1



Named Executive Officer Salary and Bonus Arrangements for
2005



Base Salaries


         The base salaries for 2005 for the executive officers (the "named executive
officers") of MutualFirst Financial, Inc. (the "Company") and Mutual
Federal Savings Bank who will be named in the compensation table that will
appear in the Company's upcoming 2005 annual meeting proxy statement are as
follows:


	Name and Title
	Base Salary

	David W. Heeter
President and Chief Executive

President and Chief Executive

Officer of the Company	$210,000
	 
	Patrick C. Botts

Executive Vice President of

the Company and President and
Chief Operating Officer of the Bank	$170,000 
	 
	Timothy J. McArdle

Chief Financial Officer of 

the Company and the Bank
	 $160,000
	 
	Steven R. Campbell

Senior Vice President of the Bank	 $149,000
	 
	Steven C. Selby 
Senior Vice President of the Bank	$138,500




Description of 2005 Bonus Plan


         On February 9, 2005, the Company's Board of Directors approved a cash
incentive bonus plan for 2005 (the "2005 Bonus Plan") for all officers and
employees of the Company and the Bank. Bonuses will be paid under the 2005 Bonus
Plan in early 2006 if and to the extent the Company's performance in 2005 meets
or exceeds minimum levels on certain key performance indicators, including loan
and deposit growth, net interest margin improvement and growth in fee income,
customer retention and number of customer relationships per household, the
ratios of non-performing loans to total assets and net charge-offs to total
assets, and efficiency ratio improvement. 


         The key performance indicators used to determine whether any bonuses will be
paid under the 2005 Bonus Plan will be the same for all employees. The amounts
of the bonuses under the 2005 Bonus Plan, if earned, will be determined by
multiplying the employee's salary by the employee's payout percentage. While the
payout percentages will vary from employee to employee, they will increase
proportionately for all employees if and to the extent the Company attains a
performance level above the minimum threshold. For the named executive officers,
at the Company's expected performance level under the 2005 Bonus Plan, their
payout percentages will be as follows: 


	Name and Title
	Payout Percentage
at Expected Performance Level

	David W. Heeter

President and Chief Executive

Officer of the Company	18.0%
	 
	Patrick C. Botts
Executive Vice President of 

the Company and President and 

Chief Operating Officer of the Bank	 16.5%
	 
	Timothy J. McArdle
Chief Financial Officer of 

the Company and the Bank	15.0%
	 
	Steven R. Campbell

Senior Vice President of the Bank	15.0%
	 
	Steven C. Selby

Senior Vice President of the Bank	15.0%



         Depending on whether the Company's actual performance is above or below the
expected performance level, these percentages may increase or decrease from the
stated amounts.
United States Court of Appeals 

for the Fifth Circuit ____________ 

No. 22-20469 

Summary Calendar 

____________ 

United States of America, 

Plaintiff—Appellee, 

versus

Carlos Etcheverry Hernandez-Guerrero, 

Defendant—Appellant. 

______________________________ 

Appeal from the United States District Court 

for the Southern District of Texas 

USDC No. 4:21-CR-535-1 

______________________________ 

Before Stewart, Dennis, and Willett, Circuit Judges.

Per Curiam:*

Carlos Etcheverry Hernandez-Guerrero appeals the sentence 

imposed following his guilty plea conviction for reentry of a removed alien. 

He contends, and the Government agrees, that the written judgment must be 

corrected because it contains a condition of supervised release that conflicts 

with the district court’s oral pronouncement of his sentence. 

_____________________ 

*

 This opinion is not designated for publication. See 5th Cir. R. 47.5. 

United States Court of Appeals 

Fifth Circuit 

FILED 

May 10, 2023 

Lyle W. Cayce 

Clerk 

Case: 22-20469 Document: 00516745475 Page: 1 Date Filed: 05/10/2023
No. 22-20469 

2 

We agree with the parties that the written condition requiring 

Hernandez-Guerrero to submit to, and pay for, substance-abuse testing to 

determine if he has used a prohibited substance and prohibiting him from 

tampering with the testing methods is a discretionary condition under 

18 U.S.C. § 3583(d) that the district court did not pronounce as required at 

sentencing. See United States v. Diggles, 957 F.3d 551, 559-63 (5th Cir. 2020) 

(en banc). That condition materially differs from the oral pronouncement 

and must be excised from the written judgment. See United States v. Prado, 

53 F.4th 316, 318-19 (5th Cir. 2022); United States v. Perez-Espinoza, 31 F.4th 

988, 989 (5th Cir. 2022). 

Accordingly, we VACATE in part and REMAND to the district 

court to amend the written judgment to conform with the oral 

pronouncement, consistent with this opinion. In all other respects, the 

judgment is AFFIRMED. 

Case: 22-20469 Document: 00516745475 Page: 2 Date Filed: 05/10/2023
EXHIBIT 22.0

List of Subsidiaries

First Tier

Matthews & Wright, Inc. (Delaware)
Snider, Williams & Co., Inc. (Delaware)
Randolph, Hudson & Co., Inc. (Delaware)
Eden Consulting, Inc. (New York)
Shaw Realty Company, Inc. (New York)
Burrows, Hayes Company, Inc. (New York)
Dover, Sussex Company, Inc. (New York)
Housing Capital Corporation (New York)
Randel, Palmer & Co., Inc. (New York)
Parker, Reld & Co., Inc. (New York)
McAdam, Taylor & Co., Inc. (New York)
Helmstar Funding, Inc. (formerly CMS Insurance Agency, Inc.) (Pennsylvania)


Second Tier - Subsidiary of McAdam, Taylor & Co., Inc.

Citizens Mortgage Service Company (Pennsylvania)
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

MATHEW SELOVER,

Plaintiff,

v. Case No. 3:20cv4698-TKW-HTC

ESCAMBIA COUNTY BOARD

OF COMMISSIONERS and

RAYME EDLER,

Defendants.

_________________________________/

ORDER

This case is before the Court on three unopposed motions: (1) attorney Cecily 

L. Kaffer’s motion for admission to practice pro hac vice (Doc. 10); attorney George 

F. Indest, III’s motion to withdraw (Doc. 12); and (3) Plaintiff’s motion for extension 

of time (Doc. 13). Upon due consideration of the motions, the Court finds that 

attorneys Kaffer and Indest have met the requirements in N.D. Fla. Loc. R. 11.1 for 

appearing pro hac vice and withdrawing, respectively, and that Plaintiff has shown 

good cause for the requested extension of time. Accordingly, it is

 ORDERED that the motions are GRANTED, and

1. Attorney Cecily L. Kaffer is authorized to appear pro hac vice for 

Defendant Elder.

Case 3:20-cv-04698-TKW-HTC Document 15 Filed 04/10/20 Page 1 of 2
2

2. Attorney George F. Indest, III, is authorized to withdraw as counsel for 

Defendant Elder, and Mr. Indest shall have no further responsibilities in 

this case.

3. Plaintiff shall have until April 23, 2020, to respond to Defendants’ motion 

to dismiss.

DONE and ORDERED this 10th day of April, 2020.

T. Kent Wetherell, II 

T. KENT WETHERELL, II

UNITED STATES DISTRICT JUDGE

Case 3:20-cv-04698-TKW-HTC Document 15 Filed 04/10/20 Page 2 of 2
1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

JAMI CLAIRE et al.,

 Plaintiffs,

vs. Case No. 4:20-cv-00020-MW/MAF

FLORIDA DEPARTMENT OF 

MANAGEMENT SERVICES et al.,

 Defendants.

_______________________________/

PLAINTIFFS’ NOTICE OF FILING EXPERT DISCLOSURES

Pursuant to Fed. R. Civ. P. 26(a)(2) and this Court’s Initial Scheduling 

Order (ECF 21), Plaintiffs, by and through undersigned counsel, notify the 

Court that they served their Rule 26(a)(2) expert disclosures on Defendants 

on November 16, 2020. Plaintiffs’ expert disclosures are from Dr. Randi 

Ettner (Ex. 1) and Dr. Anna Kirkland (Ex. 2).

Dated: November 16, 2020 Respectfully submitted, 

/s/ Jodi Siegel

SIMONE CHRISS, Fla. Bar No. 124062

simone.chriss@southernlegal.org

KIRSTEN ANDERSON, Fla. Bar No. 17179

Case 4:20-cv-00020-MW-MAF Document 86 Filed 11/16/20 Page 1 of 3
2

kirsten.anderson@southernlegal.org

JODI SIEGEL, Fla. Bar No. 511617

jodi.siegel@southernlegal.org

Southern Legal Counsel, Inc.

1229 NW 12th Avenue

Gainesville, FL 32601

(352) 271-8890

DANIEL TILLEY, Fla. Bar No. 102882

dtilley@aclufl.org

ACLU Foundation of Florida

4343 West Flagler St., Suite 400,

Miami, FL 33134

(786) 363-2714

ANTON MARINO, Fla. Bar No. 1021406

amarino@aclufl.org

ACLU Foundation of Florida

4343 West Flagler St., Suite 400

Miami, FL 33134

(786) 363-2707

ERIC LINDSTROM, Fla. Bar No. 104778

elindstrom@eganlev.com

Egan, Lev, Lindstrom & Siwica, P.A.

P.O. Box 5276

Gainesville, FL 32627

(352) 672-6901

ATTORNEYS FOR ALL PLAINTIFFS

Case 4:20-cv-00020-MW-MAF Document 86 Filed 11/16/20 Page 2 of 3
3

JEFFREY HEARNE, Fla. Bar No. 512060 

jhearne@legalservicesmiami.org 

JOCELYN ARMAND, Fla. Bar No.44264 

JArmand@legalservicesmiami.org

MIRIAM HASKELL, Fla. Bar No. 69033 

mhaskell@legalservicesmiami.org 

PAMELA FLORES, Fla. Bar No. 0124363 

pflores@legalservicesmiami.org 

Legal Services of Greater Miami, Inc. 

4343 W Flagler Street, Suite 100 

Miami, FL 33134 

(305) 438-2403 

ATTORNEYS FOR PLAINTIFF MURPHY 

CERTIFICATE OF SERVICE

I hereby certify that on this 16th day of November, 2020, a true copy 

of the foregoing has been filed with the Court utilizing its CM/ECF system, 

which will transmit a notice of electronic filing to all Plaintiffs’ and 

Defendants’ counsel of record registered with the Court for that purpose.

/s/ Jodi Siegel

ATTORNEY FOR PLAINTIFFS

Case 4:20-cv-00020-MW-MAF Document 86 Filed 11/16/20 Page 3 of 3
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

v. Case No. 3:19-cr-117/TKW

ALBERTO LEIBA

_____________________________/

ACCEPTANCE OF PLEA OF GUILTY

Pursuant to the Report and Recommendation of the United States Magistrate 

Judge, to which there have been no timely objections, the plea of guilty of the 

Defendant, ALBERTO LEIBA, to Counts One and Two of the indictment is hereby 

ACCEPTED. All parties shall appear before this Court for sentencing as directed.

DONE and ORDERED this 10th day of December, 2019. 

T. Kent Wetherell, II 

T. KENT WETHERELL, II

UNITED STATES DISTRICT JUDGE
#### § 319.8-22 Ports of entry or export.

When ports of entry or export are not specifically designated in this subpart but are left to the judgment of the inspector, the inspector shall designate only such ports as have been administratively approved for such entry or export.
#### § 319.8-6 Cottonseed cake and cottonseed meal.

Entry of cottonseed cake and cottonseed meal will be authorized through any port at which the services of an inspector are available, subject to examination by an inspector for freedom from contamination. If found to be free of contamination, importations of such cottonseed cake and cottonseed meal will be released from further plant quarantine entry restrictions. If found to be contaminated such importations will be refused entry or subjected as a condition of entry to such safeguards as the inspector may prescribe, according to a method selected by the inspector from administratively authorized procedures known to be effective under the conditions under which the safeguards are applied.

[24 FR 10788, Dec. 29, 1959, as amended at 70 FR 33324, June 7, 2005]
###### Editorial Note on Part 1955

#### Editorial Note:

Nomenclature changes to part 1955 appear at 80 FR 9895, Feb. 24, 2015.

#### § 1955.100 OMB control number.

The collection of information requirements in this regulation have been approved by the Office of Management and Budget and assigned OMB control number 0575-0110.
The State of TexasAppellee/s



# Fourth Court of Appeals

**San Antonio, Texas**

July 8, 2015

N o. 04

- 14

- 00814

- CR

Jacob Randall SONGER

, Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court at Law, Kendall County, Texas

Trial Court No. 13

- 272

- CR

Honorable Bill R. Palmer, Judge Presiding



### ORDER

The Appellant ’ s Motion for Extension of Time to File Brief is hereby GRANTED. The

Appellant ’ s brief is due August 10, 2015.

_________________________________ Sandee Bryan Marion, Chief Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said

court on this 8th day of July, 2015

.

___________________________________ Keith E. Hottle

Clerk of Court
§ 319.55-3 Ports of entry. ( a ) For importations of rice straw and rice hulls, permits will be issued for entry at New York and Boston and at such other ports as may later be approved by the Plant Protection and Quarantine Programs.
( b ) Pending development of adequate treating facilities in Guam, rice straw and rice hulls that are subject to treatment as a condition of entry therein must first be entered and treated in accordance with the requirements of this subpart at a United States port of arrival where such treating facilities are available.
( c ) Should a shipment requiring treatment arrive at a port where facilities for such treatment are not maintained, such shipment shall either be promptly shipped under safeguards and by routing prescribed by the inspector to an approved port where facilities for treatment are available, or it shall be refused entry.
[79 FR 19811, Apr. 10, 2014, as amended at 83 FR 11865, Mar. 19, 2018]
#### § 29.6024 Length.

The linear measurement of cured tobacco leaves from the butt of the midrib to the extreme tip.
UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

DEMETRIUS LEE BATTLE,

Plaintiff,

vs. Case No.: 3:20cv5494/LAC/ZCB

SGT. HARRIS, et al.,

Defendants.

_____________________/

ORDER

The magistrate judge issued a Report and Recommendation on July 6, 2022. 

(Doc. 35). The Court furnished the parties a copy of the Report and

Recommendation and afforded an opportunity to file objections pursuant to Title

28, United States Code, Section 636(b)(1). I have made a de novo determination of

the timely filed objections.

Having considered the Report and Recommendation, and the objections

thereto, I have determined the Report and Recommendation should be adopted.

Accordingly, it is ORDERED:

1. The magistrate judge’s Report and Recommendation (Doc. 35) is

adopted and incorporated by reference in this order.

1

Case 3:20-cv-05494-LC-ZCB Document 36 Filed 08/04/22 Page 1 of 2
2. Defendant Speer’s motion to dismiss (Doc. 23) is DENIED.

DONE AND ORDERED this 4th day of August, 2022.

 s/L.A. Collier 

LACEY A. COLLIER

SENIOR UNITED STATES DISTRICT JUDGE

2

Case 3:20-cv-05494-LC-ZCB Document 36 Filed 08/04/22 Page 2 of 2
-       - Superintendent of Documents
      - 2023-09-01T20:41:57-0400
      - Government Publishing Office, Washington, DC 20401
      - Government Publishing Office
      - Government Publishing Office attests that this document has not been altered since it was disseminated by Government Publishing Office
Fact Sheet 

The President’s Fiscal 2003 Immigration Budget 02/04/02

Immigration Services 

INS is committed to building and maintaining an immigration services system that 

provides information and benefits in a timely, accurate, consistent, courteous, and professional 

manner nationwide. INS is committed to eliminating the backlogs of applications for 

immigration benefits and naturalization and achieving and maintaining a six-month processing 

time standard for all applications. 

The FY 2003 budget includes a total of $1.5 billion for Immigration Services. These 

resources will allow INS to complete processing of an anticipated 9.4 million applications and 

petitions in FY 2003, an increase in productivity of 34 percent over FY 2001. 

Backlog Elimination: A Comprehensive, Aggressive Approach 

In FY 2002, the President announced a five-year, $500-million initiative to achieve and 

maintain a universal six-month processing-time standard for immigration benefit applications 

while providing quality service to all INS customers. To achieve this goal, INS is finalizing a 

comprehensive backlog elimination plan. Under this plan, INS will achieve a national average 

processing time of six months or less for all applications by the end of FY 2003, with continued 

emphasis on performance standards and decision-making integrity. 

To achieve a six-month processing time standard for all applications, INS plans to devote 

$100 million toward backlog elimination efforts in FY 2003. These funds represent the second 

installment of the President’s five-year, $500-million initiative to achieve and maintain a 

universal six-month processing time standard for all immigration benefit applications while 

providing quality service to all INS customers. ($100 million)

 

Improved Customer Services 

INS has identified certain business practice and information technology initiatives that 

will support the backlog elimination effort and improve overall customer service. These 

initiatives will streamline application processes and allow employees to focus on the provision of

information and benefits. This includes continuing the online filing efforts for benefit 

applications begun in FY 2002, and the development, testing and piloting of a customer-based 

application management system for all benefits. INS will also build upon FY 2002 

improvements to offer case status information and address changes via the INS Internet website 

and the National Customer Service Center in FY 2003. 

Prepared by the Office of Public Affairs • Immigration & Naturalization Service • (202) 514-2648