alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
CASE ANNOUNCEMENTS AND ADMINISTRATIVE ACTIONS

*May 11, 2006*

[Cite as *05/11/2006 Case Announcements,*2006-Ohio-2293.]

DISCIPLINARY CASES

2005-0398.

#### Disciplinary Counsel v. Watson.

On December 7, 2005, this court permanently disbarred respondent, Michael Troy Watson, Attorney Registration No. 0029023, last known business address in Cleveland, Ohio. On April 3, 2006, relator, Disciplinary Counsel, filed a motion for order to show cause why respondent should not be held in contempt for failing to obey this court’s order of December 7, 2005. Upon consideration thereof,

IT IS ORDERED by this court that the motion be and hereby is granted to the extent that respondent show cause by filing a written response with the Clerk of this court on or before 20 days from the date of this order why respondent should not be held in contempt.

IT IS FURTHER ORDERED, sua sponte, that all documents filed with this court in this case shall meet the filing requirements set forth in the Rules of Practice of the Supreme Court of Ohio, including requirements as to form, number, and timeliness of filings.
#### David Madden, Respondent, v. Peter Nolfo, Appellant, and Albert Goode, Respondent, et al., Defendants. Motor Vehicle Accident Indemnification Corporation, Appellant.

In this action to recover damages for personal injuries defendant Peter Nolfo, an uninsured motor vehicle operator, and the Motor Vehicle Accident Indemnification Corporation (MVAIC) appeal from a judgment of the Supreme Court, Queens County, entered June 5,1969 in favor of plaintiff against said defendant and in favor of defendant Goode against plaintiff, (1) upon the trial court’s dismissal of the complaint as against Goode and direction of a verdict against Nolfo on the issues of liability only and (2) upon a jury verdict, on the issue of damages, of $10,000 in favor of plaintiff against Nolfo. Judgment modified, on the law, (1) by striking therefrom the second decretal paragraph and so much of the first decretal paragraph as directed that plaintiff have judgment against defendant Peter Nolfo as determined by the jury upon an assessment of damages and (2) by adding thereto a provision that as between plaintiff and defendant Peter Nolfo a new trial is granted and the action is severed. As so modified, judgment affirmed, without costs. The questions of fact have not been considered. In our opinion, the arbitration award which defendant Goode recovered against MVAIC under the indemnification indorsement required by section 167 (subd. 2-a) of the Insurance Law and contained in Goode’s liability policy was not *res judicata*that plaintiff was entitled to judgment against defendant Nolfo as directed by the trial court. Neither plaintiff nor Nolfo were parties to the arbitration. The material issues raised by Nolfo’s denial of plaintiff’s allegations that plaintiff in no way contributed to the injuries he sustained in the accident and that his injuries were due to the negligence of Nolfo were not and could not have been determined in the arbitration (cf. *Schwartz*v. *Public Administrator of County of Bronx,*24 N Y 2d 65, 71). Insofar as the judgment dismissed plaintiff’s complaint as against Goode, that part was consented to by plaintiff. No claim was then made by Nolfo or MVAIC that they could prove any negligence on Goode’s part which could create an issue as to whether plaintiff’s injuries were due to concurrent negligence of Nolfo and Goode — a situation which might ultimately give Nolfo the right to recover contribution from Goode as a joint tort-feasor. No cross claim has been asserted by Nolfo against Goode. The record is devoid of any evidence that plaintiff did not act reasonably or properly in joining with Goode’s position at the trial that the arbitration between Goode and MVAIC had adjudicated that Goode was not guilty of any negligence contributing to the accident. Christ, P. J., Rabin, Hopkins, Brennan and Benjamin, JJ., concur.
48.000 Scope of part.       This part prescribes policies and procedures for using and administering value engineering techniques in contracts.    **Parent topic:** Part 48 - Value Engineering
32.611 Contract clause.       (a) 						            The contracting officer shall insert the clause at 52.232-17, Interest, in solicitations and contracts unless it is contemplated that the contract will be in one or more of the following categories:                                                         (1) 								                Contracts at or below the simplified acquisition threshold.                                                            (2) 								                Contracts with Government agencies.                                                            (3) 								                Contracts with a State or local government or instrumentality.                                                            (4) 								                Contracts with a foreign government or instrumentality.                                                            (5) 								                Contracts without any provision for profit or fee with a nonprofit organization.                                                            (6) 								                Contracts described in subpart  5.5, Paid Advertisements.                                                            (7) 								                Any other exceptions authorized under agency procedures.                                                                             (b) 						            The contracting officer	may insert the FAR clause at 52.232-17, Interest, in solicitations and contracts when it is	contemplated that the contract will be in any of the categories specified in 32.611(a).    **Parent topic:** Subpart 32.6 - Contract Debts
EXHIBIT
31.1                                           Certifications
 
 I, Rene
Ronald Soullier, Chief Executive Officer and Principal Accounting Officer of
Phoenix Energy Resource, Inc. certify that:
 
 1. I have
reviewed this annual report on Form 10-K of Phoenix Energy Resource,
Inc. (the
"small business issuer")
 
 2. Based
on my knowledge, this 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 report;
 
 3. Based
on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the
financial condition, results of operations and cash flows of the small business
issuer as of, and for, the periods presented in this report;
 
 4. The
small business issuer's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in
Exchange Act Rules 13a-15(e) and 15d-(15 (e)) for the small business issuer and
have:
 
 a) Designed
such disclosure controls and procedures, or caused such disclosure controls and
procedures to be designed under our supervision, to ensure that material
information relating to the small business issuer, including its consolidates
subsidiaries, is made known to us by others within those entities, particularly
during the period in which this report is being prepared;
 
 b) Evaluated
the effectiveness of the small business issuer's disclosure controls and
procedures, and presented in this report our conclusions about the effectiveness
of the disclosure controls and procedures, as of the end of the period covered
by this report based on such evaluation; and
 
 c) Disclosed
in this report any change in the small business issuer's internal control over
financial reporting that occurred during the small business issuer's most recent
fiscal quarter that has materially affected, or is reasonably likely to
materially affect, the small business issuer's internal control over financial
reporting; and
 
 5. The
small business issuer's other certifying officer and I have disclosed, based on
our most recent evaluation, to the small business issuer's auditors and the
audit committee of small business issuer's board of directors (or persons
performing the equivalent functions):
 
 a) all
significant deficiencies and material weaknesses in the design or operation of
internal controls which are reasonably likely to adversely affect the small
business issuer's ability to record, process, summarize and report financial
information; and
 
 b) any
fraud, whether or not material, that involves management or other employees who
have a significant role in the Company's internal controls, (all of which do not
apply).
 
 
 Date:
October 13, 2009
 
 /s/ Rene Ronald
Soullier
 Rene
Ronald Soullier, Chief Executive Officer and Principal Accounting
Officer
# 42.703 General.

- 42.703-1 Policy. 
- 42.703-2 Certificate of indirect costs. 

**Parent topic:**Subpart 42.7 - Indirect Cost Rates
#### § 54.1016 Advance information concerning service rendered.

Upon request of any applicant, all or any part of the contents of any report issued to the applicant under the regulations, or other notification concerning the determination of compliance of equipment or utensils for such applicant may be transmitted by facsimile transmission to the applicant, or to any person designated by the applicant at the applicant's expense.
#### The State ex rel. Repasz, Appellant, *v.*Industrial Commission of Ohio et al., Appellees.

[Cite as *State ex rel. Repasz v. Indus. Comm.*(1998), 83 Ohio St.3d 135.]

(No. 96-2653

Submitted July 15, 1998

Decided September 16, 1998.)

*136*McCrory & Clark Co., L.P.A., Kurt M. Young*and *Christopher S. Clark,*for appellant.

*Betty D. Montgomery,*Attorney General, and *Cordelia A. Glenn,*Assistant Attorney General, for appellee Industrial Commission.

*Overly Spiker Chappano & Wood, L.P.A., Douglas E. Spiker*and *Lev K. Martyniuk,*for appellant.

The judgment of the court of appeals is reversed. The Industrial Commission is ordered to pay wage-loss compensation benefits from May 15,1992.

Moyer, C.J., Douglas, Resnick, F.E. Sweeney, Pfeifer, Cook and Lundberg Stratton, JJ., concur.
```

[107th Congress Public Law 278]
[From the U.S. Government Printing Office]

<DOC>
[DOCID: f:publ278.107]

[[Page 116 STAT. 1939]]

Public Law 107-278
107th Congress

                                 An Act

 
 To amend the International Organizations Immunities Act to provide for 
the applicability of that Act to the European Central Bank. <<NOTE: Nov. 
                        5, 2002 -  [H.R. 3656]>> 

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

SECTION 1. DESIGNATION OF THE EUROPEAN CENTRAL BANK UNDER THE 
            INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT.

    The International Organizations Immunities Act (22 U.S.C. 288 et 
seq.) is amended by adding at the end the following new section:
    ``Sec. 15. <<NOTE: 22 USC 288f-5.>>  The provisions of this title 
may be extended to the European Central Bank in the same manner, to the 
same extent, and subject to the same conditions, as they may be extended 
to a public international organization in which the United States 
participates pursuant to any treaty or under the authority of any Act of 
Congress authorizing such participation or making an appropriation for 
such participation.''.

    Approved November 5, 2002.

LEGISLATIVE HISTORY--H.R. 3656:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 148 (2002):
            Sept. 24, considered and passed House.
            Oct. 17, considered and passed Senate.

                                  <all>
```
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#### § 58.411 Rindless cheese wrapping area.

For rindless cheese a suitable space shall be provided for proper wrapping and boxing of the cheese. The area shall be free from dust, condensation, mold or other conditions which may contaminate the surface of the cheese or contribute to unsatisfactory packaging of the cheese.
#### § 52.21 Disposition of inspection certificates.

The original of any inspection certificate, issued under the regulations in this part, and not to exceed four copies thereof, if requested prior to issuance, shall be delivered or mailed promptly to the applicant, or person designated by the applicant. All other copies shall be filed in such manner as the Administrator may designate. Additional copies of any such certificates may be supplied to any interested party as provided in § 52.49.

[22 FR 3535, May 22, 1957. Redesignated at 42 FR 32514, June 27, 1997, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 63 FR 50746, Sept. 23, 1998]
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

IN RE SKANSKA USA CIVIL

SOUTHEAST, INC. AND ADMIRALTY RULE 9(H)

SKANSKA USA, INC. AS 

OWNERS OF THE BARGE KS CIVIL ACTION NO.

5531 PRAYING FOR 3:20-CV-5980 –RV/MJF

EXONERATION FROM OR 

LIMITATION OF LIABILITY SENIOR DISTRICT JUDGE

LACEY A. COLLIER

_____________________________/

NOTICE OF APPEARANCE 

COMES NOW, ANTHONY J. RUSSO, ESQ. of Butler Weihmuller Katz 

Craig, LLP, and hereby files this Notice of Appearance as counsel for Petitioners 

SKANSKA USA CIVIL SOUTHEAST, INC. and SKANSKA USA, INC.

BUTLER WEIHMULLER KATZ CRAIG LLP

/s/ Anthony J. Russo______________

ANTHONY J. RUSSO, ESQ.

Florida Bar No.: 506508

arusso@butler.legal

Secondary rburnison@butler.legal

400 N. Ashley Drive, Suite 2300

Tampa, Florida 33602

Telephone: (813) 281-1900

Facsimile: (813) 281-0900

Counsel for Skanska USA Civil Southeast, Inc. 

and Skanska USA, Inc.

Case 3:20-cv-05980-LC-HTC Document 1318 Filed 10/19/21 Page 1 of 2
2

CERTIFICATE OF SERVICE

I hereby certify that the foregoing was filed via the Court’s CM/ECF system, 

which will automatically serve and send notification of such filing to all registered 

attorneys of record.

/s/ Anthony J. Russo_____________

ANTHONY J. RUSSO, ESQ. 

Case 3:20-cv-05980-LC-HTC Document 1318 Filed 10/19/21 Page 2 of 2
32.501-2 Unusual progress payments.

(a) The contracting officer may provide unusual progress payments only if-

(1) The contract necessitates predelivery expenditures that are large in relation to contract price

and in relation to the contractor’s working capital and credit;

(2) The contractor fully documents an actual need to supplement any private financing available,

including guaranteed loans; and

(3) The contractor’s request is approved by the head of the contracting activity or a designee. In

addition, see 32.502-2.

(b) The excess of the unusual progress payment rate approved over the customary progress payment

rate should be the lowest amount possible under the circumstances.

(c) Progress payments will not be considered unusual merely because they are on letter contracts or

the definitive contracts that supersede letter contracts.

Parent topic: 32.501 General.
# L_2014233EN.01002801.xml

| 6.8.2014 | EN | Official Journal of the European Union | L 233/28 |
| --- | --- | --- | --- |

6.8.2014

EN

Official Journal of the European Union

L 233/28

---

COUNCIL DECISION

of 30 July 2014

appointing a German member of the European Economic and Social Committee

(2014/519/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,

Having regard to the proposal of the GermanGovernment,

Having regard to the opinion of the European Commission,

Whereas:

| (1) | On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1). |
| --- | --- |

(1)

On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

| (2) | A member's seaton the European Economic and Social Committee has become vacant following the end of the term of office of Ms Michaela ROSENBERGER, |
| --- | --- |

(2)

A member's seaton the European Economic and Social Committee has become vacant following the end of the term of office of Ms Michaela ROSENBERGER,

HAS ADOPTED THIS DECISION:

Article 1

Mr Peter SCHMIDT, Geschäftsführer der Gewerkschaft Nahrung-Genuss-Gaststätten, Region Allgäu, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.

Article 2

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 30 July 2014.

For the Council

The President

S. GOZI

---

(1)  
  OJ L 251, 25.9.2010, p. 8.

1

---
DANIEL DAVIS III,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D16-2784

_____________________________/

Opinion filed November 3, 2016.

An appeal from an order of the Circuit Court for Alachua County.

Mark W. Moseley, Judge.

Daniel Davis III, pro se, Appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED.

LEWIS, ROWE, and KELSEY, JJ., CONCUR.
ASSESSMENT OF COMPLIANCE WITH APPLICABLE SERVICING CRITERIA

      Newport Management Corporation (the "Asserting Party") provides
this assessment of compliance with respect to its performance of
functions for the Applicable Servicing Criteria, as specified in Item
1122(d) of Regulation AB promulgated by the Securities and Exchange
Commission, in regards to the loans selected in the Platform for the
following Period:

Platform:  Pools of loans, underlying publicly-issued residential
mortgage-backed securities that were issued on or after January 1,
2006 by IndyMac Bank ("IndyMac"), on which escrow payments were
disbursed in 2006, specifically Item 1122(d)(4)(xi), only as it relates
to the "Applicable Servicing Criteria" described below, and as
disclosed by IndyMac to the Asserting Party (collectively, "Eligible
Loans", as identified in Schedule A).

Period:  As of and for the year ended December 31, 2006.

Applicable Servicing Criteria:  the servicing criteria which applies to
the functions performed by the Asserting Party is set forth in Section
229.1122(d)(4)(xi) ("Applicable Servicing Criteria").  With respect to
the Applicable Servicing Criteria, the Asserting Party performs the
following limited functions:

1.      Processes the obligor's hazard insurance information it
receives and provides IndyMac with the applicable hazard insurance
effective date, payment amount, and payee (collectively, "Insurance
Information");

2.       Provides the Insurance Information to IndyMac no later than
5 days prior to the applicable expiration date as indicated in the
Insurance Information.

      With respect to the Platform, and with respect to the Period, the
Asserting Party provides the following assessment of its compliance in
respect of the Applicable Servicing Criteria (as defined above):

      1.  The Asserting Party is responsible for assessing its
compliance with respect to the functions it performs for the
Applicable Servicing Criteria.

      2.  The Asserting Party has assessed its compliance with respect
to the functions it performs for the Applicable Servicing Criteria.

      3.  Other than as identified on Schedule B hereto, as of and for
the Period, the Asserting Party was in material compliance with respect
to the functions it performs for the Applicable Servicing Criteria.

      KPMG, LLP, an independent registered public accounting firm, has
issued an attestation report with respect to the Asserting Party's
foregoing assessment of compliance.

NEWPORT MANAGEMENT CORPORATION

By: /s/ Mark A. McElroy
   -------------------------------
Its: Executive Vice President

Dated: February 27, 2007





                             Schedule A

                           Eligible Loans



   Exhibit Maintained at the office of the depositor




                             Schedule B

                 Material Instances of Noncompliance

No Material instances of noncompliance:  Newport Management
Corporation has complied, in all material respects, with the
aforementioned criterion as of and for the year ended December
31, 2006.
#### § 51.1540 [Reserved]
52.216-29 Time-and-Materials/Labor-Hour

Proposal Requirements—Other Than

Commercial Acquisition With Adequate Price

Competition.

As prescribed in 16.601(f)(1), insert the following provision:

Time-and-Materials/Labor-Hour Proposal Requirements—Other Than Commercial Acquisition With

Adequate Price Competition (Nov 2021)

(a) The Government contemplates award of a Time-and-Materials or Labor-Hour type of contract

resulting from this solicitation.

(b) The offeror must specify fixed hourly rates in its offer that include wages, overhead, general and

administrative expenses, and profit. The offeror must specify whether the fixed hourly rate for each

labor category applies to labor performed by-

(1) The offeror;

(2) Subcontractors; and/or

(3) Divisions, subsidiaries, or affiliates of the offeror under a common control;

(c) The offeror must establish fixed hourly rates using-

(1) Separate rates for each category of labor to be performed by each subcontractor and for each

category of labor to be performed by the offeror, and for each category of labor to be transferred

between divisions, subsidiaries, or affiliates of the offeror under a common control;

(2) Blended rates for each category of labor to be performed by the offeror, including labor

transferred between divisions, subsidiaries, or affiliates of the offeror under a common control, and

all subcontractors; or

(3) Any combination of separate and blended rates for each category of labor to be performed by the

offeror, affiliates of the offeror under a common control, and subcontractors.

(End of provision)

Parent topic: 52.216 [Reserved]
157 So.2d 235

#### Carlos Manuel THEYE Y AJURIA v. PAN AMERICAN LIFE INSURANCE COMPANY.

No. 46902.

Nov. 12, 1963.

Court of Appeal, Fourth Circuit.

154 So.2d 450.

It is ordered that the writ of review issue; that the Court of Appeal send up the record in duplicate of the case; and that counsel for plaintiff and defendant be notified.
52.100 Scope of subpart.

This subpart-

(a) Gives instructions for using part 52, including the explanation and use of provision and clause

numbers, prescriptions, prefaces, and the matrix;

(b) Prescribes procedures for incorporating, identifying, and modifying provisions and clauses in

solicitations and contracts, and for using alternates; and

(c) Describes the derivation of FAR provisions and clauses.

Parent topic: Subpart 52.1 - Instructions for Using Provisions and Clauses