alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 97-1617

YIQUN GUO,

Plaintiff - Appellant,

versus

THE RYLAND GROUP, INCORPORATED,

Defendant - Appellee,

and

ARLENE MALECH; DOUGLAS TOWNSEND,

Defendants.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. J. Frederick Motz, Chief District Judge.

(CA-95-1319-JFM)

Submitted: August 5, 1997 Decided: August 25, 1997

Before HALL, WILKINS, and HAMILTON, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Yiqun Guo, Appellant Pro Se. Richard J. Hafets, Eric Paltell,

PIPER & MARBURY, Baltimore, Maryland, for Appellee.
2

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).

PER CURIAM:

Appellant, Yiqun Guo, appeals the district court's orders

awarding costs to the Defendant Ryland Group and denying Guo's motion for reconsideration of the order. We have reviewed the record

and the district court's opinion and find no reversible error.

Accordingly, we affirm on the reasoning of the district court. Guo

v. Ryland Group, Inc., No. CA-95-1319-JFM (D. Md. Apr. 2, 1997;

April 15, 1997). We find that the district court properly denied

Guo’s motion for reconsideration because the clerk's order awarding

costs to Ryland Group was not barred by res judicata. Res judicata

is inapplicable to the bill of costs award because the prior denial

of attorneys' fees decided a separate issue and did not implicate

the bill of costs. We deny Ryland's motion to dismiss the appeal.

We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court

and argument would not aid the decisional process.

AFFIRMED
#### § 60.124 Retailer.

*Retailer* means any person subject to be licensed as a retailer under the Perishable Agricultural Commodities Act of 1930 (7 U.S.C. 499a(b)).

[78 FR 31385, May 24, 2013]
#### § 56.4 Basis of grading service.

(a) Any grading service in accordance with the regulations in this part shall be for class, quality, quantity, or condition or any combination thereof. Grading service with respect to the determination of the quality of products shall be on the basis of the “United States Standards, Grades, and Weight Classes for Egg Shells.” However, grading service may be rendered with respect to products which are bought and sold on the basis of institutional contract specifications or specifications of the applicant and such service, when approved by the Administrator, shall be rendered on the basis of such specifications. The supervision of packaging shall be in accordance with such instructions as may be approved or issued by the Administrator.

(b) Whenever grading service is performed on a representative sample basis, such sample shall be drawn and consist of not less than the minimum number of cases as indicated in the following table. A minimum of one hundred eggs shall be examined per sample case. For lots which consist of less than 1 case, a minimum of 50 eggs shall be examined. If the lot consists of less than 50 eggs, all eggs will be examined.

| Cases in lot | Cases in sample |
| --- | --- |
| 1 case | 1 |
| 2 to 10, inclusive | 2 |
| 11 to 25, inclusive | 3 |
| 26 to 50, inclusive | 4 |
| 51 to 100, inclusive | 5 |
| 101 to 200, inclusive | 8 |
| 201 to 300, inclusive | 11 |
| 301 to 400, inclusive | 13 |
| 401 to 500, inclusive | 14 |
| 501 to 600, inclusive | 16 |

Minimum Number of Cases Comprising a Representative Sample

For each additional 50 cases, or fraction thereof, in excess of 600 cases, one additional case shall be included in the sample.

[20 FR 670, Feb. 1, 1955, as amended at 22 FR 8167, Oct. 16, 1957; 28 FR 6342, June 20, 1963; 42 FR 2970, Jan. 14, 1977. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981, as amended at 71 FR 42007, July 24, 2006]
Exhibit 32.1

CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Brian E. Farley, Chief Executive Officer of Entellus Medical, Inc. (the Company), hereby certify, pursuant to 18 U.S.C. §1350, as adopted
pursuant to §906 of the Sarbanes-Oxley Act of 2002, that, to the best of my knowledge:



| | (1) | The Annual Report on Form 10-K of the Company for the period ended December 31, 2014 (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of
1934, as amended; and
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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



|               |  |  |  |                                                      
|-------------- |  |  |  | -----------------------------------------------------
|March 19, 2015 |  |  |  | /s/ Brian E. Farley                                  
|               |  |  |  | Brian E. Farley                                      
|               |  |  |  | Chief Executive Officer (Principal Executive Officer)
9.104-1 General standards.       To be determined responsible, a prospective contractor must-                                       (a)                    						            Have adequate financial resources to perform the contract, or the ability to obtain them (see 9.104-3(a));                                          (b)                    						            Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;                                          (c)                    						            Have a satisfactory performance record (see 9.104-3 (b) and subpart  42.15). A prospective contractor shall not be determined responsible or nonresponsible solely on the basis of a lack of relevant performance history, except as provided in 9.104-2;                                          (d)                    						            Have a satisfactory record of integrity and business ethics (for example, see subpart  42.15);                                          (e)                    						            Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, quality assurance measures, and safety programs applicable to materials to be produced or services to be performed by the prospective contractor and subcontractors). (See 9.104-3(a).)                                          (f)                    						            Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them (see 9.104-3(a)); and                                          (g)                    						            Be otherwise qualified and eligible to receive an award under applicable laws and regulations (see also inverted domestic corporation prohibition at 9.108).    **Parent topic:** 9.104 Standards.
Case 2:06-cv-00650-MEF-SRW Document 19 Filed 11/06/2006 Page 1 of 5
Case 2:06-cv-00650-MEF-SRW Document 19 Filed 11/06/2006 Page 2 of 5
Case 2:06-cv-00650-MEF-SRW Document 19 Filed 11/06/2006 Page 3 of 5
Case 2:06-cv-00650-MEF-SRW Document 19 Filed 11/06/2006 Page 4 of 5
Case 2:06-cv-00650-MEF-SRW Document 19 Filed 11/06/2006 Page 5 of 5
#### § 718.10 Time limitations.

Whenever the final date prescribed in any of the regulations in this title for the performance of any act falls on a Saturday, Sunday, national holiday, State holiday on which the office of the county or State Farm Service Agency committee having primary cognizance of the action required to be taken is closed, or any other day on which the cognizant office is not open for the transaction of business during normal working hours, the time for taking required action shall be extended to the close of business on the next working day. Or in case the action required to be taken may be performed by mailing, the action shall be considered to be taken within the prescribed period if the mailing is postmarked by midnight of such next working day. Where the action required to be taken is with a prescribed number of days after the mailing of notice, the day of mailing shall be excluded in computing such period of time.
----

|   | (1) | the      Quarterly Report on Form 10-Q of the Company for the fiscal quarter ended      December 31, 2007 (the “Report”) fully complies with the requirements of      Section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.      78m or 78o(d)); and |
|--------|-----|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

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

| Dated:      February 14, 2008 |   | /s/   WILLIAM      J. GERVAIS |   |
|-------------------------------|--------|----------------------------------------------|--------|
|                          |   | William      J. Gervais                      |   |
|                          |   | Principal      Executive Officer             |   |

----
#### § 58.734 Official identification.

Only process cheese products manufactured and packaged in accordance with the requirements of this part and with the applicable requirements in subpart A of this part which have been officially inspected in process and found to be in compliance with these requirements may be identified with official USDA Quality Approved Inspection Shield.
Page 1 of 2

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

EARNEST STANBERRY, JR. and

LINDA F. STANBERRY,

Plaintiffs,

v. CASE NO. 3:20cv5906-MCR-HTC

ESCAMBIA COUNTY BOARD OF

COUNTY COMMISSIONERS, et al.,

Defendants.

________________________________/

ORDER

This cause comes on for consideration upon the magistrate judge’s Report and 

Recommendation dated February 9, 2021. ECF No. 13. The parties have been 

furnished a copy of the Report and Recommendation and have been 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 all timely filed objections.

Having considered the Report and Recommendation, and any objections 

thereto timely filed, I have determined that the Report and Recommendation should 

be adopted.

Case 3:20-cv-05906-MCR-HTC Document 17 Filed 06/10/21 Page 1 of 2
Page 2 of 2

Case No. 3:20cv5665-MCR-HTC

Accordingly, it is now ORDERED as follows:

(1)The magistrate judge’s Report and Recommendation is adopted and 

incorporated by reference in this Order.

(2)This matter is DISMISSED WITHOUT PREJUDICE for failure to state a 

claim. 

(3) The clerk is directed to close the file.

DONE AND ORDERED this 10th day of June 2021.

s/M. Casey Rodgers

M. CASEY RODGERS

UNITED STATES DISTRICT JUDGE

Case 3:20-cv-05906-MCR-HTC Document 17 Filed 06/10/21 Page 2 of 2
Page 1 of 2 

IN THE UNITED STATES DISTRICT COURT FOR THE 

 NORTHERN DISTRICT OF FLORIDA 

 PANAMA CITY DIVISION 

LUIS ALBERTO MENDOZA-ALMENDAREZ, 

Reg. No. 76696-004 

Petitioner, 

v. Case No. 5:21cv25-RV/HTC 

WARDEN MACKELBURG, 

Respondent. 

_________________________________/ 

O R D E R 

This cause comes on for consideration upon the magistrate judge=s Report and 

Recommendation dated April 12, 2022. ECF No. 17. The parties have been 

furnished a copy of the Report and Recommendation and have been afforded an 

opportunity to file objections pursuant to Title 28, United States Code, Section 

636(b)(1). No objections have been filed. 

Having considered the Report and Recommendation, I have determined that 

the Report and Recommendation should be adopted. 

Accordingly, it is now ORDERED as follows: 

1. The magistrate judge=s Report and Recommendation, ECF No. 17, is 

adopted and incorporated by reference in this order. 

Case 5:21-cv-00025-RV-HTC Document 18 Filed 05/25/22 Page 1 of 2
Page 2 of 2 

Case No.: 5:21cv25/RV/HTC 

2. Petitioner’s pro se Petition for Writ of Habeas Corpus Pursuant to 28 

U.S.C. § 2241, ECF No. 1, is DENIED and DISMISSED. 

DONE and ORDERED this 25th day of May, 2022. 

/s/ Roger Vinson _ 

ROGER VINSON 

SENIOR UNITED STATES DISTRICT JUDGE

Case 5:21-cv-00025-RV-HTC Document 18 Filed 05/25/22 Page 2 of 2
52.214 [Reserved]

52.214-1 [Reserved]

52.214-2 [Reserved]

52.214-3 Amendments to Invitations for Bids.

52.214-4 False Statements in Bids.

52.214-5 Submission of Bids.

52.214-6 Explanation to Prospective Bidders.

52.214-7 Late Submissions, Modifications, and Withdrawals of Bids.

52.214-8 [Reserved]

52.214-9 [Reserved]

52.214-10 Contract Award-Sealed Bidding.

52.214-11 [Reserved]

52.214-12 Preparation of Bids.

52.214-13 [Reserved]

52.214-14 Place of Performance-Sealed Bidding.

52.214-15 Period for Acceptance of Bids.

52.214-16 Minimum Bid Acceptance Period.

52.214-17 [Reserved]

52.214-18 Preparation of Bids-Construction.

52.214-19 Contract Award-Sealed Bidding-Construction.

52.214-20 Bid Samples.

52.214-21 Descriptive Literature.

52.214-22 Evaluation of Bids for Multiple Awards.

52.214-23 Late Submissions, Modifications, Revisions, and Withdrawals of Technical

Proposals under Two-Step Sealed Bidding.

52.214-24 Multiple Technical Proposals.

52.214-25 Step Two of Two-Step Sealed Bidding.

52.214-26 Audit and Records-Sealed Bidding.

52.214-27 Price Reduction for Defective Certified Cost or Pricing Data-ModificationsSealed Bidding.

52.214-28 Subcontractor Certified Cost or Pricing Data-Modifications-Sealed Bidding.

52.214-29 Order of Precedence-Sealed Bidding.

52.214-30 [Reserved]

52.214-31 Facsimile Bids.

52.214-32 [Reserved]

52.214-33 [Reserved]

52.214-34 Submission of Offers in the English Language.

52.214-35 Submission of Offers in U.S. Currency.

Parent topic: Subpart 52.2 - Text of Provisions and Clauses
#### § 3701.2 Public inspection, copying, and indexing.

5 U.S.C. 552(a)(2) requires that certain materials be made available for public inspection and copying and that a current index of these materials be published quarterly or otherwise be made available. Members of the public may request access to such materials maintained by ERS at the following office: Information Staff, ARS, REE, USDA, Room 1-2248, Mail Stop 5128, 5601 Sunnyside Avenue, Beltsville, MD 20705-5128; Telephone (301) 504-1640 or (301) 504-1655; TTY-VOICE (301) 504-1743. Office hours are 8 a.m. to 4:30 p.m. Information maintained in our electronic reading room can be accessed at *http://www.ars.usda.gov/is/foia/#Electronic.*
52.236-11 Use and Possession Prior to

Completion.

As prescribed in 36.511 , insert the following clause:

Use and Possession Prior to Completion (Apr 1984)

(a) The Government shall have the right to take possession of or use any completed or partially

completed part of the work. Before taking possession of or using any work, the Contracting Officer

shall furnish the Contractor a list of items of work remaining to be performed or corrected on those

portions of the work that the Government intends to take possession of or use. However, failure of

the Contracting Officer to list any item of work shall not relieve the Contractor of responsibility for

complying with the terms of the contract. The Government’s possession or use shall not be deemed

an acceptance of any work under the contract.

(b) While the Government has such possession or use, the Contractor shall be relieved of the

responsibility for the loss of or damage to the work resulting from the Government’s possession or

use, notwithstanding the terms of the clause in this contract entitled "Permits and Responsibilities."

If prior possession or use by the Government delays the progress of the work or causes additional

expense to the Contractor, an equitable adjustment shall be made in the contract price or the time of

completion, and the contract shall be modified in writing accordingly.

(End of clause)

Parent topic: 52.236 [Reserved]
52.214-21 Descriptive Literature.

As prescribed in 14.201-6(p)(1), insert the following provision:

Descriptive Literature (Apr 2002)

(a) "Descriptive literature," as used in this provision, means information furnished by a bidder, such

as cuts, illustrations, drawings, and brochures, that shows a product’s characteristics or

construction or explains its operation. The term includes only that information required to evaluate

the acceptability of the product and excludes other information for operating or maintaining the

product.

(b) Descriptive literature is required to establish, for the purpose of evaluation and award, details of

the product offered that are specified elsewhere in the solicitation and pertain to significant

elements such as-

(1) Design;

(2) Materials;

(3) Components;

(4) Performance characteristics; and

(5) Methods of manufacture, assembly, construction, or operation.

(c) Descriptive literature, required elsewhere in this solicitation, shall be-

(1) Identified to show the item(s) of the offer to which it applies; and

(2) Received by the time specified in this solicitation.

(d) If the bidder fails to submit descriptive literature on time, the Government will reject the bid,

except that late descriptive literature sent by mail may be considered under the Late Submissions,

Modifications, and Withdrawals of Bids provision of this solicitation.

(e) If the descriptive literature fails to show that the product offered conforms to the requirements of

the solicitation, the Government will reject the bid.

(End of provision)

Alternate I (Jan 2017). As prescribed in 14.201-6 (p)(2), add the following paragraphs (f) and (g) to

the basic provision:

(f) The Contracting Officer may waive the requirement for furnishing descriptive literature if the

offeror has supplied a product that is the same as that required by this solicitation under a prior

contract. A bidder that requests a waiver of this requirement shall provide the following information:

Prior contract number ____________

Date of prior contract ____________
Line item number of product supplied ______

Name and address of Government activity to which delivery was made ___________________________

Date of final delivery of product supplied ____________

(g) Bidders shall submit bids on the basis of required descriptive literature or on the basis of a

previously supplied product under paragraph (f) of this provision. A bidder submitting a bid on one

of these two bases may not elect to have its bid considered on the alternative basis after the time

specified for receipt of bids. The Government will disregard a bidder's request for a waiver under

paragraph (f) if that bidder has submitted the descriptive literature requested under this solicitation.

Parent topic: 52.214 [Reserved]
**Amendment
      No. 1 to the Servicing Agreement**





This
      is
      Amendment No. 1 dated October 1, 2001 to that certain Servicing Agreement (the
      “Agreement”) dated
      as
      of May 1, 2001 between
      EMC MORTGAGE CORPORATION, as Owner
      and
      GMAC MORTGAGE CORPORATION, as Servicer.





W
      I T N E
      S S E T H :





WHEREAS,
      the Owner is the owner of the Mortgage Loans and the Servicer is the servicer
      of
      the Mortgage Loans; and





WHEREAS,
      the Owner and the Servicer wish to amend the Agreement;





NOW,
      THEREFORE, in consideration of the mutual agreements hereinafter set forth,
      and
      for other good and valuable consideration, the receipt and adequacy of which
      is
      hereby acknowledged, the Purchaser and the Seller agree that the following
      amendment shall be made to the Agreement:





(a)
      The
      following shall replace (i)(a), (b) and (c) in the first paragraph of Section
      5.01:





“(i)
      all
      amounts credited to the Custodial Account as of the close of business on the
      related preceding Determination Date, except Principal Prepayments received
      on
      or after the first day of the month in which the Remittance Date occurs shall
      be
      remitted to the Owner on the next following Remittance Date,”





(b)
      Capitalized terms used herein and not defined shall have the meanings set forth
      in the Agreement.





(c)
      THIS
      AMENDMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL
      LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO PRINCIPLES OF CONFLICTS
      OF LAWS. THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL
      BE
      DETERMINED IN ACCORDANCE WITH SUCH LAWS.





(d)
      Except as such amendments are made herein, the Agreement shall remain in full
      force and effect.





**[SIGNATURES
      COMMENCE ON THE FOLLOWING PAGE]**








IN
      WITNESS WHEREOF, the Owner and the Servicer have caused their names to be signed
      hereto by their respective officers thereunto duly authorized as of the day
      and
      year first above written.




**EMC
      MORTGAGE CORPORATION**


Owner





By:________________________


Name:


Title:











**GMAC
      MORTGAGE CORPORATION**


Servicer





By:
      _______________________


Name:


Title:
II 

109TH CONGRESS 

2D SESSION S. 2905 

To extend temporarily the suspension of duty on sodium petroleum sulfonate. 

IN THE SENATE OF THE UNITED STATES 

MAY 19, 2006 

Mr. BURR introduced the following bill; which was read twice and referred to 

the Committee on Finance 

A BILL 

To extend temporarily the suspension of duty on sodium 

petroleum sulfonate. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SODIUM PETROLEUM SULFONATE. 

4 (a) IN GENERAL.—Heading 9902.34.01 of the Har5 monized Tariff Schedule of the United States (relating to 

6 sodium petroleum sulfonate) is amended by striking ‘‘12/ 

7 31/2006’’ and inserting ‘‘12/31/2009’’. 

8 (b) EFFECTIVE DATE.—The amendment made by 

9 subsection (a) applies to goods entered, or withdrawn from 


dsatterwhite on PROD1PC76 with BILLS
2 

S 2905 IS 

1 warehouse for consumption, on or after the 15th day after 

2 the date of enactment of this Act. 

Æ 


dsatterwhite on PROD1PC76 with BILLS