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

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

JOHN L. NORMAN,

Plaintiff,

v. Case No. 4:20-cv-437-MW-MJF

DAVID MADDOX, et al.,

Defendant.

___________________________/ 

ORDER ACCEPTING AND ADOPTING 

REPORT AND RECOMMENDATION

This Court has considered, without hearing, the Magistrate Judge's Report 

and Recommendation. ECF No. 34. Upon consideration, no objections having been 

filed by the parties,

IT IS ORDERED:

The report and recommendation is accepted and adopted as this Court’s 

order. Plaintiff’s Application for Temporary Restraining Order, ECF No. 33, is 

DENIED. The Clerk is directed to remand the matter to Magistrate Judge Frank

for further consideration. 

SO ORDERED on February 16, 2021.

s/Mark E. Walker 

Chief United States District Judge

Case 4:20-cv-00437-MW-MJF Document 41 Filed 02/16/21 Page 1 of 1
19.309 Solicitation provisions and contract

clauses.

(a)

(1) Insert the provision at 52.219-1, Small Business Program Representations, in solicitations

exceeding the micro-purchase threshold when the contract is for supplies to be delivered or services

to be performed in the United States or its outlying areas, or when the contracting officer has

applied this part in accordance with 19.000(b)(1)(ii).

(2) Use the provision with its Alternate I in solicitations issued by DoD, NASA, or the Coast Guard.

(3) Use the provision with its Alternate II in solicitations that will result in a multiple-award contract

with more than one NAICS code assigned. This is authorized for solicitations issued after October 1,

2025 (see 19.102(b)).

(b) When contracting by sealed bidding, insert the provision at 52.219-2, Equal Low Bids, in

solicitations when the contract is for supplies to be delivered or services to be performed in the

United States or its outlying areas, or when the contracting officer has applied this part in

accordance with 19.000(b)(1)(ii).

(c)

(1) Insert the clause at 52.219-28, Post-Award Small Business Program Rerepresentation, in

solicitations and contracts exceeding the micro-purchase threshold when the contract is for supplies

to be delivered or services to be performed in the United States or its outlying areas, or when the

contracting officer has applied this part in accordance with 19.000(b)(1)(ii).

(2) Use the clause with its Alternate I in solicitations and the resulting multiple-award contracts with

more than one NAICS code. This is authorized for solicitations issued after October 1, 2025 (see

19.102(b)).

Parent topic: Subpart 19.3 - Determination of Small Business Size and Status for Small Business

Programs
<page>
                                                           Exhibit 32.1





                         NORDSTROM CREDIT, INC.

                        13531 EAST CALEY AVENUE

                       CENTENNIAL, COLORADO 80111

                       CERTIFICATION OF PRESIDENT
                  REGARDING PERIODIC REPORT CONTAINING
                          FINANCIAL STATEMENTS


I, Kevin T. Knight, the President of Nordstrom Credit, Inc. (the
"Company") in compliance with 18 U.S.C. Section 1350, as adopted
pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, hereby
certify that the Company's Quarterly Report on Form 10-Q for the period
ended October 30, 2004 (the "Report") filed with the Securities and
Exchange Commission:


         -  fully complies with the requirements of Section 13(a) of
            the Securities Exchange Act of 1934; and

         -  the information contained in the Report fairly presents, in
            all material respects, the financial condition and results
            of operations of the Company.


                                          /s/ Kevin T. Knight
                                          --------------------
                                          Kevin T. Knight
                                          President
                                          August 8, 2005

A signed original of this written statement required by Section 906 has
been provided to Nordstrom Credit, Inc. and will be retained by
Nordstrom Credit, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.
exh10-1_1352586.htm


    
      EXHIBIT
10.1

      

       

       

    

    May 5,
2009

     

    Corrado
DeGasperis

    432
Scarborough Road

    Briarcliff
Manor, NY 10510

    


    Re:           Amendment to Employment
Agreement

     

    Dear
Corrado,

     

    The Board
of Directors of Barzel Industries Inc. (the “Corporation”) has determined that
it is in the best interests of the Corporation to temporarily decrease salaries
of our executives and other employees of the Corporation.  Your
employment agreement with the Corporation contemplates that your salary will be
at least $800,000.  The Corporation would like to amend your
employment agreement to provide for a temporary reduction of your salary to
$480,000 effective as of May 11, 2009.  Such reduction shall remain in
effect until the Corporation elects to terminate this temporary reduction or you
give notice to the Corporation that such reduction is no longer
acceptable.  Upon the occurrence of either such event, your salary
shall return to the amount in effect before the
reduction.  Notwithstanding the foregoing, for all other purposes of
the employment agreement (including Section 5) and all benefit plan purposes,
the term “Salary” shall mean the amount of annual salary in effect before the
reduction.

     

    By
signing this letter below, you consent to the amendment of your employment
agreement as provided herein.  We look forward to your continued
contributions to the Corporation.

     

    
      
        	 
      	
                Respectfully
      Yours,

                 

                 

              
	 
      	
                BARZEL
      INDUSTRIES INC.

                 

                 

              
	 
      	
                By: /s/ Oded Cohen

              
	 
      	
                Name:  Oded
      Cohen

              
	 
      	
                Title:  Chairman
      Compensation Committee

              


      

    

    


    
      	
              
                Acknowledged
      and Agreed to by:

              

            	
               

            


    

     

     

    
      
        	
                /s/ Corrado De Gasperis

              	 


      

    

    
      	
              
                CORRADO
      DE GASPERIS
#### James E. Messemer, Respondent, v. Dough Mates, Inc., et al., Appellants.

In a negligence action to recover damages for personal injuries, defendants appeal from a judgment of the Supreme Court, Queens County, entered May 6, 1969 in favor of plaintiff, upon a jury verdict of $30,000. Judgment affirmed, with costs. No opinion. Brennan, Acting P. J., Rabin and *554Hopkins, JJ., concur; Martuscello, J., dissents and votes to reverse the judgment and to dismiss the complaint, with the following memorandum, in which Kleinfeld, J., concurs: Plaintiff sought to recover for injuries allegedly sustained when he slipped on snow and ice in a parking lot on his way to defendant Dough Mates, Inc.’s doughnut shop during a snow storm. He claimed he fell at a place which he described as a saucer-like depressed area, covered with snow. He testified that this area was about five feet long, two and one-half feet wide and about four inches at its deepest point. Snow was falling at the time and, according to the weather report, it had been falling for three hours prior thereto. The temperature had been below freezing for four days prior to the fall. The evidence indicated that the surface of the snow and ice on the depressed area was level with the surface adjoining it. Thus, plaintiff’s fall was due to the slippery surface of the ice and not to the depth of the depression. Under these circumstances plaintiff failed to establish that defendants’ maintenance of the parking lot with depressed areas was the cause of his fall. Accordingly, he failed to make out a prima facie case of liability (cf. *Denning*v. *Pioneer Trailer Sales,*20 A D 2d 846; *Gibson*v. *Prudential Ins. Co.,*258 App. Div. 740, app. dsmd. 283 N. Y. 647; *Tetzlaff*v. *Incorporated Vil. of Amityville,*249 App. Div. 640). Furthermore, I would reverse for the following errors committed by the trial court. The court committed error when it charged that “ defendants under the law are required to produce such witnesses or proof or exhibits that will meet the proof offered by the plaintiff.” The court also erred in charging that the jury must find that the snow was the sole proximate cause in order to find for defendants. By its charge the court indicated that defendants were under an obligation to come forward to introduce evidence to meet the evidence offered by plaintiff. By charging that the jury must find that the snow was the sole proximate cause of the accident in order to hold for defendants, the court eliminated all issues of credibility and contributory negligence. Finally, the court committed error in permitting plaintiff to testify that after he fell he went into the doughnut shop and said, “ What kind of a place have you got out here? It’s all slippery,” and “It’s all icy. I just slipped.” This testimony was self-serving and should not have been permitted (Richardson, Evidence [9th ed.], § 377).
#### § 51.764 Well colored.

*Well colored* means that the fruit has characteristic color for the variety with practically no trace of green color.
Case 4:99-cv-00242-RH Document 3 Filed 09/22/99 Page 1 of 2
Case 4:99-cv-00242-RH Document 3 Filed 09/22/99 Page 2 of 2
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          OCT-31-1997
<PERIOD-START>                             NOV-01-1996
<PERIOD-END>                               OCT-31-1997
<EXCHANGE-RATE>                                      1
<CASH>                                           3,588
<SECURITIES>                                     7,396
<RECEIVABLES>                                   40,597
<ALLOWANCES>                                     2,049
<INVENTORY>                                          0
<CURRENT-ASSETS>                                79,552
<PP&E>                                           6,624
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                 103,136
<CURRENT-LIABILITIES>                           19,773
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             8
<OTHER-SE>                                      82,163
<TOTAL-LIABILITY-AND-EQUITY>                   103,136
<SALES>                                        190,536
<TOTAL-REVENUES>                               190,536
<CGS>                                          150,826
<TOTAL-COSTS>                                  150,826
<OTHER-EXPENSES>                                39,766
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                  1,290
<INCOME-TAX>                                       535
<INCOME-CONTINUING>                                755
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                       755
<EPS-PRIMARY>                                      .09
<EPS-DILUTED>                                        0
        

</TABLE>
#### § 51.680 General.

The standards in this subpart apply only to the common or sweet orange group and varieties belonging to the Mandarin group except tangerines for which separate U.S. Standards are issued.
#### § 51.914 Metric conversion table.

| Inches | Millimeters (mm) |
| --- | --- |
| 3/16 equals | 12.7 |
| 9/16 equals | 14.3 |
| 10/16 equals | 15.9 |
| 11/16 equals | 17.5 |
| 12/16 equals | 19.1 |
| 13/16 equals | 20.6 |
| 14/16 equals | 22.2 |
| 15/16 equals | 28.8 |
| 1 equals | 25.4 |

| Pounds | Grams |
| --- | --- |
| 1/4 equals | 113.4 |
| 1/2 equals | 226.8 |
| 3/4 equals | 340.2 |
| 1 equals | 453.6 |
| 2 equals | 907.2 |
| 3 equals | 1,360.8 |
| 4 equals | 1,814.4 |
| 5 equals | 2,268.0 |
| 10 equals | 4,536.0 |

[36 FR 9126, May 20, 1971. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981. Redesignated at 56 FR 15802, Apr. 18, 1991, and further redesignated at 61 FR 11127, Mar. 19, 1996]
#### § 51.3058 Mature.

*Mature* means that the avocado has reached a stage of growth which will insure a proper completion of the ripening process.
49.504 Termination of fixed-price contracts

for default.

(a)

(1) Supplies and services. The contracting officer shall insert the clause at 52.249-8, Default (FixedPrice Supply and Service), in solicitations and contracts when a fixed-price contract is contemplated

and the contract amount is expected to exceed the simplified acquisition threshold. The contracting

officer may use the clause when the contract amount is at or below the simplified acquisition

threshold, if appropriate (e.g., if the acquisition involves items with a history of unsatisfactory

quality).

(2) Transportation. If the contract is for transportation or transportation-related services, the

contracting officer shall use the clause with its AlternateI.

(b) Research and development. The contracting officer shall insert the clause at 52.249-9, Default

(Fixed-Price Research and Development), in solicitations and contracts for research and

development when a fixed-price contract is contemplated and the contract amount is expected to

exceed the simplified acquisition threshold, except those with educational or nonprofit institutions

on a no-profit basis. The contracting officer may use the clause when the contract amount is at or

below the simplified acquisition threshold;, if appropriate (e.g., if the contracting officer believes

that key personnel essential to the work may be devoted to other programs).

(c)

(1) Construction. The contracting officer shall insert the clause at 52.249-10, Default (Fixed-Price

Construction), in solicitations and contracts for construction, when a fixed-price contract is

contemplated and the contract amount is expected to exceed the simplified acquisition threshold.

The contracting officer may use the clause when the contract amount is at or below the simplified

acquisition threshold, if appropriate (e.g., if completion dates are essential).

(2) Dismantling and demolition. If the contract is for dismantling, demolition, or removal of

improvements, the contracting officer shall use the clause with its AlternateI.

(3) National emergencies. If the contract is to be awarded during a period of national emergency,

the contracting officer may use the clause-

(i) With its AlternateII when a fixed-price contract for construction is contemplated, or

(ii) With its AlternateIII when a contract for dismantling, demolition, or removal of improvements is

contemplated.

Parent topic: Subpart 49.5 - Contract Termination Clauses
#### §§ 5001.109-5001.114 [Reserved]
#### § 52.811 Ascertaining the grade of a lot.

The grade of a lot of frozen red tart pitted cherries covered by these standards is determined by the procedures set forth in the Regulations Governing Inspection and Certification of Processed Fruits and Vegetables, Processed Products Thereof, and Certain Other Processed Food Products (§§ 52.1 through 52.83).
#### § 3560.579 Servicing off-farm labor housing.

The requirements established in subparts I and J of this part will apply to all off-farm labor housing. Servicing according to subparts I and J of this part shall apply throughout the term of the loan or grant, whichever is longer.
# 36.514 Availability and use of utility services.

The *contracting officer**shall* insert the clause at 52.236-14, Availability and Use of Utility Services, in *solicitations* and contracts when a fixed-price *construction* contract or a fixed-price dismantling, demolition, or removal of improvements contract is contemplated, the contract is to be performed on Government sites, and the *contracting officer* decides (a) that the existing utility system(s) is adequate for the needs of both the Government and the contractor, and (b) furnishing it is in the Government’s interest. When this clause is used, the *contracting officer**shall* list the available utilities in the contract.

**Parent topic:**Subpart 36.5 - Contract Clauses
#### §§ 4284.1005-4284.1006 [Reserved]
# 32.204 Procedures for contracting officer-specified commercial contract financing.

The financing terms *shall* be included in the *solicitation*. Contract financing *shall* not be a factor in the evaluation of resulting proposals, and proposals of alternative financing terms *shall* not be accepted (but see 14.208 and 15.206 concerning amendments of *solicitations*). However, an *offer* stating that the *contracting officer*-specified contract financing terms will not be used by the *offeror* does not alter the evaluation of the *offer*, nor does it render the *offer* nonresponsive or otherwise unacceptable. In the event of award to an *offeror* who declined the proposed contract financing, the contract financing provisions *shall* not be included in the resulting contract. Contract financing *shall* not be a basis for adjusting *offerors*’ proposed prices, because the effect of contract financing is reflected in each *offeror*’s proposed prices.

**Parent topic:**Subpart 32.2 - Commercial Product and Commercial Service Purchase Financing
14.201-5 PartIV-Representations and instructions.       The contracting officer shall prepare the representations and instructions as follows:                                       (a)                   *Section K, Representations, certifications, and other statements of bidders*. Include in this section those solicitation provisions that require representations, certifications, or the submission of other information by bidders.                                          (b)                   *Section L, Instructions, conditions, and notices to bidders.* Insert in this section solicitation provisions and other information and instructions not required elsewhere to guide bidders. Invitations shall include the time and place for bid openings, and shall advise bidders that bids will be evaluated without discussions (see 52.214-10 and, for construction contracts, 52.214-19).                                          (c)                   *Section M, Evaluation factors for award*. Identify the price related factors other than the bid price that will be considered in evaluating bids and awarding the contract. See 14.201-8.    **Parent topic:** 14.201 Preparation of invitations for bids.
EXHIBIT 32



CERTIFICATIONS PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



Pursuant to 18 U.S.C Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officers of Southern Trust Securities Holding Corp., Inc. (the Corporation) each certifies, to the best of his knowledge, that the Corporations Quarterly Report on Form 10-Q for the period ended March 31, 2008, fully complies with the requirements of section 13(a) or 15(d) of the Securities Exchange Act of 1934; and the information contained in that Form 10-Q fairly presents, in all material respects, the financial condition and results of operations of the Corporation.





| |     |                        
| | --- | -----------------------
| | By: | /s/ ROBERT ESOCBIO     
| |     | Robert Escobio         
| |     | Chief Executive Officer



May 13, 2008





| |     |                        
| | --- | -----------------------
| | By: | /s/ FERNANDO FUSSA     
| |     | Fernando Fussa         
| |     | Chief Financial Officer



May 13, 2008



This certification is made solely for the purpose of 18 U.S.C. Section 1350 and is not being filed as part of the Form 10-Q or as a separate disclosure document, and may not be disclosed, distributed or used by any person for any reason other than as specifically required by law.
# 32.003 Simplified acquisition procedures financing.

Unless agency regulations otherwise permit, contract financing *shall* not be provided for purchases made under the authority of part  13.

**Parent topic:**Part 32 - Contract Financing
25.1001 Waiver of right to examination of

records.

(a) Policy. The clause at 52.215-2, Audit and Records-Negotiation, prescribed at 15.209(b), and

paragraph (d) of the clause at 52.212-5, Contract Terms and Conditions Required to Implement

Statutes or Executive Orders-Commercial Products and Commercial Services, prescribed at

12.301(b)(4), implement 10 U.S.C. 3841 and 41 U.S.C. 4706. The basic clauses authorize

examination of records by the Comptroller General.

(1) Insert the appropriate basic clause, whenever possible, in negotiated contracts with foreign

contractors.

(2) The contracting officer may use 52.215-2 with its Alternate III or 52.212-5 with its Alternate I

after-

(i) Exhausting all reasonable efforts to include the basic clause;

(ii) Considering factors such as alternate sources of supply, additional cost, and time of delivery; and

(iii) The head of the agency has executed a determination and findings in accordance with paragraph

(b) of this section, with the concurrence of the Comptroller General. However, concurrence of the

Comptroller General is not required if the contractor is a foreign government or agency thereof or is

precluded by the laws of the country involved from making its records available for examination.

(b) Determination and findings. The determination and findings must-

(1) Identify the contract and its purpose, and identify if the contract is with a foreign contractor or

with a foreign government or an agency of a foreign government;

(2) Describe the efforts to include the basic clause;

(3) State the reasons for the contractor’s refusal to include the basic clause;

(4) Describe the price and availability of the supplies or services from the United States and other

sources; and

(5) Determine that it will best serve the interest of the United States to use the appropriate alternate

clause in paragraph (a)(2) of this section.

Parent topic: Subpart 25.10 - Additional Foreign Acquisition Regulations