alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

DAVID CHARLES SUSSMAN,

Plaintiff,

v. 4:20cv367-WS/HTC

MARK S. INCH,

Defendant.

 

ORDER OF DISMISSAL

Before the court is the magistrate judge's report and recommendation (ECF

No. 7) docketed August 18, 2020. The magistrate judge recommends that

Plaintiff’s complaint and this case be dismissed without prejudice because Plaintiff

(1) has three strikes under 28 U.S.C. § 1915(g), (2) has not shown he is under

imminent danger of serious physical injury, and (3) has failed to pay the requisite

filing fee upon initiating this suit.

Plaintiff has filed “Bare Bone Objections” (ECF No. 11) to the magistrate

judge’s report and recommendation. While he admits that he has filed at least three

(3) cases that qualify as strikes under 28 U.S.C. § 1915(g), he maintains that the

Case 4:20-cv-00367-WS-HTC Document 12 Filed 09/28/20 Page 1 of 3
Page 2 of 3

allegations in his complaint sufficiently show that he faces imminent danger of

serious physical injury. Like the magistrate judge, the undersigned disagrees.

In his complaint, Plaintiff alleges that he was transferred to Florida State

Prison (“FSP”) on April 25, 2019, and was “brutally beaten” by FSP officers the

next day. He filed his complaint in this case on July 23, 2020, approximately

fifteen (15) months after the alleged brutal beating. There is nothing in his

complaint to indicate that, at the time he filed suit in the summer of 2020, he was in

jeopardy of ongoing danger of serious physical injury. See Medberry v. Butler, 185

F.3d 1189, 1193 (11th Cir. 1999) (noting that “an otherwise ineligible prisoner is

only eligible to proceed IFP if he is in imminent danger [of serious physical injury]

at the time of filing [suit]”). Plaintiff cannot rely on past conduct to establish

imminent danger. Id.

Because Plaintiff has not paid the filing fee in this case, has had three (3) or

more strikes under § 1915(g), and has not demonstrated that he was under

imminent danger of serious physical injury when suit was filed, his case must be

dismissed without prejudice, just as the magistrate judge has recommended.

Accordingly, it is ORDERED:

1. The magistrate judge's report and recommendation (ECF No. 7) is hereby

ADOPTED and incorporated by reference into this order.

Case 4:20-cv-00367-WS-HTC Document 12 Filed 09/28/20 Page 2 of 3
Page 3 of 3

2. The plaintiff’s complaint and this action are DISMISSED WITHOUT

PREJUDICE pursuant to 28 U.S.C. § 1915(g). 

3. All pending motions are DENIED.

4. The clerk shall enter judgment stating: “This action is dismissed without

prejudice pursuant to 28 U.S.C. § 1915(g).”

DONE AND ORDERED this 28th day of September , 2020.

s/ William Stafford 

WILLIAM STAFFORD

SENIOR UNITED STATES DISTRICT JUDGE

Case 4:20-cv-00367-WS-HTC Document 12 Filed 09/28/20 Page 3 of 3
#### § 51.1538 Metric conversion table.

| Inches | Millimeters (mm) |
| --- | --- |
| 1/8 equals | 3.2 |
| 1/4 equals | 6.4 |
| 3/8 equals | 9.5 |
| 1/2 equals | 12.7 |
| 5/8 equals | 15.9 |
| 3/4 equals | 19.1 |
| 7/8 equals | 22.2 |
| 1 equals | 25.4 |
| 11/4 equals | 31.8 |
| 11/2 equals | 38.1 |
| 13/4 equals | 44.5 |
| 2 equals | 50.8 |
| 3 equals | 76.2 |
| 4 equals | 101.6 |
**EXHIBIT 32**

 

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

 

In connection with the Annual Report of EXOTACAR, INC. (the "Company") on Form 10-KSB for the period ended June 30, 2007, as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Ari Lee, President and Principal Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

 

|   | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------|

 

|   | (2) | The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|--------|-----|------------------------------------------------------------------------------------------------------------------------------------------------------|

 

 

|   | /s/ Ari Lee |
|--------|-------------|

Ari Lee

President and Principal Financial Officer

|   | September 21, 2007 |
|--------|--------------------|
Exhibit 15.3



LOGO

October 19, 2009

The Directors

New Oriental Education & Technology Group, INC.

No. 6 Haidian Zhong Street, Haidian District

Beijing, China

Postal Code: 100080

Subject:    WRITTEN CONSENT OF AMERICAN APPRAISAL CHINA LIMITED

We hereby consent to the incorporation by
reference in the Registration Statement on Form S-8 (File No. 333-140083) of the references to our name and our financial appraisal reports, dated August 22, 2008 and December 22, 2008 (the Reports) and addressed to the
board of directors of New Oriental Education & Technology Group, Inc. (the Company) and the references to our valuation methodologies, assumptions and conclusions associated with the Reports, in the annual reports on Form 20-F
of the Company and any amendments thereto to be filed with the U.S. Securities and Exchange Commission. We further consent to the filing of this letter as an exhibit to the annual report on Form 20-F of the Company for the year ended May 31,
2009.

The Reports relate to valuation of the Companys intangible assets for the purchase price allocation of Beijing Haidian
Mingshitang Exam Training Education School (

LOGOLOGO) as of June 1, 2008, and Changchun Tongwen Gaokao Training Education School (

LOGOLOGO) and Changchun Tongwen High School (

LOGO) (collectively, the Target Companies) as of September 1, 2008. In reaching our value conclusions, we relied on the accuracy and completeness of the financial statements and other data provided by
the Company and its representatives. We did not audit or independently verify such financial statements or other data and take no responsibility for the accuracy of such information. The Company determined the fair value of the intangible assets and
our valuation report was used to assist in reaching its determination.

In giving such consent, we do not hereby admit that we come within the
category of persons whose consent is required under Section 7 of the U.S. Securities Act of 1933, as amended, or the rules and regulations adopted by the Securities and Exchange Commission thereunder (the Act), nor do we admit that
we are experts with respect to any part of such Registration Statement within the meaning of the term experts as used in the Act.

Yours faithfully,

/s/    American
Appraisal

AMERICAN APPRAISAL CHINA LIMITED

LOGO
Federal Acquisition Regulation

Part 13 - Simplified Acquisition Procedures

Part 14 - Sealed Bidding

Part 15 - Contracting by Negotiation

Part 16 - Types of Contracts

Part 17 - Special Contracting Methods

Part 18 - Emergency Acquisitions

Parent topic: Subchapter C - Contracting Methods and Contract Types
Page 1 of 2

UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

UNITED STATES OF AMERICA

 

v. Case No. 3:20cr62/TKW

RODNEY JEROME MCNABB

______________________________/

REPORT AND RECOMMENDATION

CONCERNING PLEA OF GUILTY

The Defendant, by consent, has appeared before me pursuant to Rule 11, Fed. 

R. Crim. P., and has entered a plea of guilty to Count One, Count Two, and Count 

Three of the Indictment. After cautioning and examining the Defendant under oath 

concerning each of the subjects mentioned in Rule 11, I determined the guilty plea 

was knowing and voluntary and the offenses charged are supported by independent 

bases in fact containing each of the essential elements thereof. I therefore 

recommend the plea of guilty be accepted and the Defendant be adjudicated guilty 

and have sentence imposed accordingly.

Dated: October 4, 2021.

/s/ Charles J. Kahn, Jr. 

CHARLES J. KAHN, JR.

UNITED STATES MAGISTRATE JUDGE

Case 3:20-cr-00062-TKW Document 46 Filed 10/04/21 Page 1 of 2
Page 2 of 2

Case No.: 3:20cr62/TKW

NOTICE TO THE PARTIES

Objections to these proposed findings and recommendations must be 

filed within twenty-four (24) hours of the date of the Report and 

Recommendation. Any different deadline that may appear on the electronic 

docket is for the court’s internal use only and does not control. An objecting 

party must serve a copy of the objections on all other parties. A party who 

fails to object to the magistrate judge’s findings or recommendations contained 

in a report and recommendation waives the right to challenge on appeal the 

district court’s order based on unobjected-to factual and legal conclusions. 

See 11th Cir. Rule 3-1; 28 U.S.C. § 636.

Case 3:20-cr-00062-TKW Document 46 Filed 10/04/21 Page 2 of 2
| 1. | The Bank is Trustee under the Trust Agreement. |
|----|------------------------------------------------|

| 2. | The undersigned is duly authorized as required pursuant to the Trust Agreement to execute and deliver this Certificate to the Trust. |
|----|--------------------------------------------------------------------------------------------------------------------------------------|

| 3. | This Certificate is delivered pursuant to Item 1123 of the Securities and Exchange Commission’s Regulation AB. |
|----|--------------------------------------------------------------------------------------------------------------------------------|

| 4. | A review of the Trustee’s activities during the twelve-month period ended December 31, 2011 and of its performance under the Trust Agreement has been made under my supervision. |
|----|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| 5. | To the best of my knowledge, based on such review, the Trustee has fulfilled all of its obligations under the Trust Agreement in all material respects throughout such twelve-month period. |
|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

| By:    | /s/ Laura Cawley          |
|--------|------------------------------------------------------------------------|
| Name:  | Laura Cawley                                                           |
| Title: | Vice President                                                         |

----

----
1

IN THE SUPREME COURT OF THE STATE OF MONTANA

S UPREME C OURT C AUSE N O . 19 - 0307
GORDON WILLIAMS, GALE MADLER, TIMOTHY RUSSELL, JOYCE KELLEY, and SAM BLAYLOCK, Plaintiffs/Appellants , vs. STIL LWATER BOARD OF COUNTY COMMISSIONERS, Defendant

/Appellee . DA19 - 0307 **ORDER GRANTING STIPULATED MOTION TO DISMISS APPEAL** 
Upon stipulation of

the parties pursuant to R. App. Proc. 16 (5), and good cause appearing, the above matter is di smissed with prejudice, each party to bear their own fees and costs. DATED AND ELECTRONICALLY SIGNED BELOW

Electronically signed by: Mike McGrath Chief Justice, Montana Supreme Court

July 29 2020

07/29/2020
Case Number: DA 19-0307
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

 PENSACOLA DIVISION

IN IN RE SKANSKA USA

CIVIL SOUTHEAST INC. AND

SKANSKA USA, INC., AS

OWNERS OF THE BARGE KS ADMIRALTY RULE 9(H)

5531 PRAYING FOR

EXONERATION FROM OR Case No.: 3:20cv5980/LAC/HTC

LIMITATION OF LIABILITY 

___________________________________/

ORDER

Upon consideration of the Order of the Magistrate Judge entered on August 23,

2021 (Doc. 1265), and after reviewing the Objections to the Order (Doc. 1269) and

the Response thereto (Doc. 1271), pursuant to 28 U.S.C. §636(b)(1)(A) and Fed. R.

Civ. P. 72(a), the Court wholly concurs with the findings of the Magistrate Judge. 

The Order is therefore neither clearly erroneous nor contrary to law. 

Accordingly, it is now ORDERED as follows:

The Objections are DENIED, and the matter shall be referred back to the

Magistrate Judge for all further proceedings as relevant.

ORDERED on this 31st day of August, 2021.

 s/L.A. Collier 

Lacey A. Collier

Senior United States District Judge

Case 3:20-cv-05980-LC-HTC Document 1280 Filed 08/31/21 Page 1 of 1
#### §§ 4284.916-4284.919 [Reserved]
Exhibit
32.1






CERTIFICATION
PURSUANT TO SECTION 1350 OF CHAPTER 63 OF TITLE 18 OF THE UNITED STATES
CODE






I, Aleks
Kins, the President and Chief Executive Officer of AlphaMetrix, LLC, the Sponsor
of AlphaMetrix Managed Futures LLC (Aspect Series) (the “Series”), certify that
(i) the Annual Report of the Series on Form 10-K for the period ending December
31, 2008 fully complies with the requirements of Section 13(a) or 15(d) of the
Securities Exchange Act of 1934 and (ii) the information contained in such
Annual Report fairly presents, in all material respects, the financial condition
and results of operations of the Series.






Date:
March 27, 2009






By:/s/ Aleks
Kins


Aleks
Kins


President
and Chief Executive Officer


AlphaMetrix,
LLC
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
THE SCHEDULE CONTAINS FINANCIAL INFORMATION EXTRACTED FROM THE CONSOLIDATED
FINANCIAL STATEMENTS OF EDISONN CONTROL CORPORATION AS OF AND FOR THE NINE
MONTHS ENDED OCTOBER 31, 1997 AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO
SUCH FINANCIAL STATEMENTS.
</LEGEND>
<RESTATED> 
<MULTIPLIER> 1
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          JAN-31-1998
<PERIOD-START>                             FEB-01-1997
<PERIOD-END>                               OCT-31-1997
<CASH>                                         968,958
<SECURITIES>                                 4,629,762
<RECEIVABLES>                                4,072,913
<ALLOWANCES>                                   372,621
<INVENTORY>                                  5,790,634
<CURRENT-ASSETS>                            16,826,817
<PP&E>                                       7,753,672
<DEPRECIATION>                                 836,002
<TOTAL-ASSETS>                              34,250,496
<CURRENT-LIABILITIES>                        4,683,217
<BONDS>                                     14,700,929
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        22,759
<OTHER-SE>                                  14,667,591
<TOTAL-LIABILITY-AND-EQUITY>                34,250,496
<SALES>                                     18,126,002
<TOTAL-REVENUES>                            18,126,002
<CGS>                                       11,320,989
<TOTAL-COSTS>                               11,320,989
<OTHER-EXPENSES>                             4,106,115
<LOSS-PROVISION>                                80,353
<INTEREST-EXPENSE>                             867,738
<INCOME-PRETAX>                              1,831,160
<INCOME-TAX>                                   785,225
<INCOME-CONTINUING>                          1,045,935
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                 1,045,935
<EPS-PRIMARY>                                      .46
<EPS-DILUTED>                                      .39
        

</TABLE>
#### Allied-Lynn Associates, Inc., Respondent, v Alex Bro., LLC, Appellant, et al., Defendants.

Submitted April 30, 2007;

decided June 27, 2007

Reported below, 38 AD3d 1198.

Motion for leave to appeal dismissed upon the ground that the order sought to be appealed from does not finally determine the action within the meaning of the Constitution.
Exhibit 31.2

CERTIFICATION

I, David Mathieson, certify that:

1. I have reviewed this Amendment No. 1 to the Annual Report on Form 10-K/A of Comverge, Inc.;

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.



|                                                    
|----------------------------------------------------
|/s/ David Mathieson                                 
|David Mathieson                                     
|Executive Vice President and Chief Financial Officer
|(Principal Financial Officer)                       
|April 30, 2012
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

 vs. Case No. 5:02cv233/RH/WCS

CONNIE L. ROULHAC and

JACKSON COUNTY, FLORIDA,

Defendants.

 

ORDER FOR DISMISSAL

THIS CAUSE came on to be heard on the United States’ motion to dismiss

this foreclosure action, without prejudice, and to cancel the Lis Pendens previously

filed herein. 

IT appears to the Court that good cause has been shown for the relief sought

by the United States.

IT IS THEREFORE, ORDERED AND ADJUDGED:

(1) This foreclosure action is dismissed without prejudice.

 (2) The Lis Pendens previously filed herein which describes the following

Case 5:02-cv-00233-RH-WCS Document 20 Filed 05/08/05 Page 1 of 2
real property located in Jackson County, Florida, to wit:

Lot 13, LITTLE KYNESVILLE SUBDIVISION in Section 20,

Township 4 North, Range 11 West, according to the map or plat

thereof as recorded in Plat Book 2, page 20, of the public records of

Jackson County, Florida;

which is recorded in Official Record Book 872, at page 0655, of the public records

of Jackson County, Florida, is hereby canceled.

(3) The clerk shall enter judgment including the provisions set forth in

paragraphs (1) and (2) above.

DONE and ORDERED this 8th day of May, 2005.

s/Robert L. Hinkle 

Chief United States District Judge 

Case 5:02-cv-00233-RH-WCS Document 20 Filed 05/08/05 Page 2 of 2
11.703 Contract clauses.       (a)                    						            The contracting officer shall insert the clause at 52.211-16, Variation in Quantity, in solicitations and contracts, if authorizing a variation in quantity in fixed-price contracts for supplies or for services that involve the furnishing of supplies.                                          (b)                    						            The contracting officer may insert the clause at 52.211-17, Delivery of Excess Quantities, in solicitations and contracts when a fixed-price supply contract is contemplated.                                          (c)                    						            The contracting officer shall insert the clause at 52.211-18, Variation in Estimated Quantity, in solicitations and contracts when a fixed-price construction contract is contemplated that authorizes a variation in the estimated quantity of unit-priced items.    **Parent topic:** Subpart 11.7 - Variation in Quantity
EXHIBIT 10.1

           AMENDMENT NO. 4 TO SETTLEMENT AGREEMENT AND MUTUAL RELEASE

      This AMENDMENT NO. 4 TO THE SETTLEMENT AGREEMENT AND MUTUAL RELEASE (the
"Amendment") is made this 7th day of May, 2009, by and between Paid, Inc., a
Delaware corporation ("Paid") and Leslie Rotman ("Seller").

                                    RECITALS

      A. Paid and Seller are parties to a Settlement Agreement dated May 9,
2005, as amended (the "Settlement Agreement"), whereby Paid, directly or through
a designee, received the right to purchase from Seller 2,000,000 shares of
Common Stock (as adjusted for any stock split, reverse stock split, stock
dividend, reclassification, recapitalization, share exchange, reorganization, or
other similar event or transaction) at a purchase price per share of the share's
par value, $.001, subject only to such other terms agreeable to Paid, which
right is expected to terminate on May 9, 2009.

      B. Paid and Seller desire to further amend the Settlement Agreement to
extend the option termination date for one year.

                                   AGREEMENT

      For good and valuable consideration of One Dollar ($1.00), the receipt and
sufficiency of which is hereby acknowledged, and in consideration of the mutual
promises set forth below, Paid and Seller hereby agree as follows:

      1. Recitals; Definitions. The recitals set forth above are true and
correct in every respect and are incorporated herein by reference. Any
capitalized terms contained herein not defined herein shall have the meaning
assigned to such term in the Settlement Agreement.

      2. Call Option. The termination date for the option rights granted to Paid
by Seller pursuant to Section 1.2 of the Settlement Agreement is hereby extended
until May 9, 2010.

      3. General. This Amendment may be executed in any number of counterparts,
all of which when taken together shall constitute one Amendment. This Amendment
shall be binding upon each party's respective successors and assigns. All words
used herein shall be deemed to refer to the singular, plural, masculine,
feminine or neuter as the identity of the person or entity or the context may
require. This Amendment shall be governed by and construed in accordance with
the laws of the Commonwealth of Massachusetts.

      IN WITNESS WHEREOF, the parties have executed this Amendment as of the day
and year first above written.

                                         /s/ Leslie Rotman
                                         ---------------------------------------
                                         Leslie Rotman

                                         Paid, Inc.


                                         By: /s/ Gregory Rotman
                                            ------------------------------------
                                         Name: Gregory Rotman
                                         Title: President


                                      -23-
<TABLE> <S> <C>

<PAGE>
<ARTICLE>           5
<LEGEND>
                    The Schedule contains summary financial 
                    information extracted from the financial
                    statements for Prudential-Bache Equitec Real Estate
                    and is qualified in its entirety by reference
                    to such financial statements
</LEGEND>

<RESTATED>          
<CIK>               0000757191
<NAME>              Prudential-Bache Equitec Real Estate
<MULTIPLIER>        1

<FISCAL-YEAR-END>               Dec-31-1997

<PERIOD-START>                  Jan-1-1997

<PERIOD-END>                    Jun-30-1997

<PERIOD-TYPE>                   6-Mos

<CASH>                          1,222,000

<SECURITIES>                    0

<RECEIVABLES>                   1,126,000

<ALLOWANCES>                    500,000

<INVENTORY>                     0

<CURRENT-ASSETS>                0

<PP&E>                          51,723,000

<DEPRECIATION>                  20,613,000

<TOTAL-ASSETS>                  32,958,000

<CURRENT-LIABILITIES>           28,111,000

<BONDS>                         0

<PREFERRED-MANDATORY>           0

<PREFERRED>                     0

<COMMON>                        0

<OTHER-SE>                      4,847,000

<TOTAL-LIABILITY-AND-EQUITY>    32,958,000

<SALES>                         0

<TOTAL-REVENUES>                3,410,000

<CGS>                           0

<TOTAL-COSTS>                   2,683,000

<OTHER-EXPENSES>                0

<LOSS-PROVISION>                0

<INTEREST-EXPENSE>              1,213,000

<INCOME-PRETAX>                 0

<INCOME-TAX>                    0

<INCOME-CONTINUING>             0

<DISCONTINUED>                  0

<EXTRAORDINARY>                 0

<CHANGES>                       0

<NET-INCOME>                    (486,000)

<EPS-PRIMARY>                   (6.99)

<EPS-DILUTED>                   0

</TABLE>