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

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

CLARENCE WATERS, #132116, )

)

 Petitioner, )

)

v. ) CASE NO. 2:06-CV-650-MEF 

)

KENNETH JONES, et al., )

)

 Respondents. )

ORDER ON MOTION

Upon consideration of the motion to compel filed by the petitioner on November 1, 2006

(Court Doc. No. 16), and for good cause, it is

ORDERED that:

1. The motion to compel be and is hereby GRANTED. 

2. On or before November 13, 2006, the respondents shall (i) provide the petitioner with

copies of their supplemental answer and attached exhibits filed on October 25, 2006, and (ii) file a

notice with the court advising that they have undertaken the aforementioned action.

3. The petitioner be GRANTED an extension from November 15, 2006 to and including

December 5, 2006 to file a response to the supplemental answer in compliance with the directives

of the order entered on October 26, 2006 (Court Doc. No. 15).

Done this 2nd day of November, 2006.

 /s/ Susan Russ Walker 

SUSAN RUSS WALKER

UNITED STATES MAGISTRATE JUDGE

Case 2:06-cv-00650-MEF-SRW Document 18 Filed 11/02/2006 Page 1 of 1
Part 5114 - Sealed Bidding

Subpart 5114.2 - Solicitation of Bids

5114.201 Preparation of invitations for bids.

5114.201-7 Contract clauses.

Subpart 5114.4 - Opening of Bids and Award of Contract

5114.407 Mistakes in bids.

5114.407-3 Other mistakes disclosed before award.

5114.407-4 Mistakes after award.

5114.409 Information to bidders.

5114.409-2 Award of classified contracts.

Subpart 5114.2 - Solicitation of Bids

5114.201 Preparation of invitations for bids.

5114.201-7 Contract clauses.

(b)(2) The head of contracting activity may waive the requirement at FAR 14.201-7(b)(2). See

Appendix GG for further delegation.

(c)(2) The head of contracting activity may waive the requirement at FAR 14.201-7(c)(2). See

Appendix GG for further delegation.

Subpart 5114.4 - Opening of Bids and Award of Contract

5114.407 Mistakes in bids.

5114.407-3 Other mistakes disclosed before award.

(c) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) has the authority to

make the determination described at FAR 14.407-3(c). See Appendix GG for further delegation.

(e) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) has the authority to

make the determinations under FAR 14.407-3(a), (b), and (d). See Appendix GG for further

delegation.
(g)(3) The determination authority (see FAR 14.407-3(e)) will return all documents to the contracting

officer with the determination.

(i) When sending a doubtful case to the Comptroller General of the United States for an advance

decision, contracting officers will indicate the status of the award in their transmittal document and

the senior contracting official will recommend disposition.

5114.407-4 Mistakes after award.

(b) The HCA may make FAR 14.407-4(b) determinations. See Appendix GG for further delegation.

5114.409 Information to bidders.

5114.409-2 Award of classified contracts.

The contracting officer shall advise unsuccessful bidders to dispose of classified information in

accordance with Army Regulation 380-5.
NO. 12-08-00386-CR

IN THE COURT OF APPEALS

TWELFTH COURT OF APPEALS DISTRICT

TYLER, TEXAS

JERIMIAH KASEY DANIELS, § APPEAL FROM THE 217TH

APPELLANT

V. § JUDICIAL DISTRICT COURT OF

THE STATE OF TEXAS,

APPELLEE § ANGELINA COUNTY, TEXAS

MEMORANDUM OPINION

PER CURIAM

Appellant pleaded guilty to the offense of indecency with a child. The trial court sentenced

Appellant to imprisonment for twelve years. We have received the trial court’s certification showing

that Appellant waived his right to appeal. See TEX. R. APP. P. 25.2(d). The certification is signed

by Appellant and his counsel. The clerk’s record supports the trial court’s certification. See

Greenwell v. Thirteenth Court of Appeals, 159 S.W.3d 645, 649 (Tex. Crim. App. 2005); Dears

v. State, 154 S.W.3d 610, 614-15 (Tex. Crim. App. 2005). Accordingly, the appeal is dismissed for

want of jurisdiction.

Opinion delivered October 22, 2008.

Panel consisted of Worthen, C.J., Griffith, J., and Hoyle, J.

(DO NOT PUBLISH)
IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

ROGER WRIGHT, )

)

Plaintiff, )

)

v. ) CIVIL ACTION NO. 1:06cv647-WKW

)

PEMCO WORLD AIR SERVICES, INC., )

)

Defendant. )

ORDER

Upon consideration of plaintiff’s motion to compel filed July 13, 2007 (Doc. # 10),

and the response and reply filed July 30, 2007 and August 3, 2007, respectively (Doc. ## 12

and 13), and for good cause, it is

ORDERED that the motion to compel be and hereby is GRANTED to the extent that

defendant shall produce and serve any remaining responses to outstanding discovery requests

referenced in the motion on or before September 18, 2007. In all other respects, the motion

is DENIED without prejudice, with leave to renew if necessary.

DONE, this 11th day of September, 2007.

/s/ Susan Russ Walker 

SUSAN RUSS WALKER

UNITED STATES MAGISTRATE JUDGE

Case 1:06-cv-00647-WKW-SRW Document 21 Filed 09/11/2007 Page 1 of 1
# Subpart 214.2 - SOLICITATION OF BIDS

**Parent topic:**Part 214 - SEALED BIDDING

## 214.201 RESERVED

### 214.201-5 Part IV—Representations and instructions.

(c)  Include an evaluation factor regarding supply chain risk (see subpart 239.73) when acquiring information technology, whether as a service or as a supply, that is a covered system, is a part of a covered system, or is in support of a covered system, as defined in                 239.7301             .

### 214.201-6 Solicitation provisions.

(2) Use the provisions at 252.215-7007, Notice of Intent to Resolicit, and 252.215-7008, Only One Offer, as prescribed at 215.371-6 and 215.408(3), respectively.

## 214.202 General rules for solicitation of bids.

### 214.202-5 Descriptive literature.

(c)  *Requirements of invitation for bids.*  When brand name or equal purchase descriptions are used, use of the provision at FAR 52.211-6, Brand Name or Equal, satisfies this requirement.

## 214.209 Cancellation of invitations before opening.

If an invitation for bids allowed fewer than 30 days for receipt of offers, and resulted in only one offer, the contracting officer shall cancel and resolicit, allowing an additional period of at least 30 days for receipt of offers, as provided in                 215.371             .
**Exhibit 32.2**

 

**CERTIFICATION OF CHIEF FINANCIAL OFFICER**

**PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

Pursuant to 18 U.S.C. § 1350, as created by Section 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer of Guidance Software, Inc. (the “Company”) hereby certifies that:

 

(i)                     the accompanying Annual Report on Form 10-K of the Company for the period ended December 31, 2010 (the “Report”) fully complies with the requirements of Section 13(a) or Section 15(d), as applicable, of the Securities Exchange Act of 1934, as amended; and

 

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

 

 
| Dated:   March 2, 2011 | /s/     BARRY J. PLAGA      |
|------------------------|-------------------------------------------------|
|                   | **Barry J.   Plaga****Chief Financial Officer** |

 

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 (“Section 906”), or other document authenticating, acknowledging, or otherwise adopting the signature that appears in typed form within the electronic version of this written statement required by Section 906, has been provided to Guidance Software, Inc. and will be retained by Guidance Software, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.

 

----
#### § 56.23 Form of application.

Each application for grading or sampling a specified lot of any product shall include such information as may be required by the Administrator in regard to the product and the premises where such product is to be graded or sampled.

[28 FR 6342, June 20, 1963. Redesignated at 42 FR 32514, June 27, 1977, and further redesignated at 46 FR 63203, Dec. 31, 1981]
###### Editorial Note on Subchapter A of Chapter VIII

#### Authority:

7 U.S.C. 71-87K, 1621-1627.

###### Editorial Note on Subchapter A of Chapter VIII

#### Editorial Note:

Nomenclature changes to subchapter A appear at 84 FR 45645, Aug. 30, 2019.

#### § 868.256 Milling requirements.

In determining milling yield (see § 868.252(g)) in brown rice for processing, the degree of milling shall be equal to, or better than, that of the interpretive line sample for “well-milled” rice.

[42 FR 40869, Aug. 12, 1977. Redesignated at 21406, May 18, 1989, and further redesignated and amended at 60 FR 16364, 16365, Mar. 30, 1995]
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3084 Introduced in Senate (IS)]

109th CONGRESS
  2d Session
                                S. 3084

       To suspend temporarily the duty on bath tub safe-er-grips.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 25, 2006

 Mr. Brownback introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
       To suspend temporarily the duty on bath tub safe-er-grips.

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

SECTION 1. BATH TUB SAFE-ER-GRIPS.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

      

``      9902.39.24        Bath tub safe-er-grips  Free      No change       No change       On or before 12/
                           (provided for in                                                  31/2009          ''
                           subheading                                                                          .
                           3924.90.55)..........

    (b) Effective Date.--The amendment made by subsection (a) applies 
to goods entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

ALISON RAMOS

 

 Plaintiff,

 vs.

MARCO DESTIN, INC.

Defendant

CIVIL ACTION NO.: 3:21-cv-64-

MCR-EMT 

JURY TRIAL DEMANDED

STIPULATION OF DISMISSAL WITHOUT PREJUDICE

NOW INTO COURT, through undersigned counsel, come Plaintiff, Alison 

Ramos, and Defendant, Marco Destin, Inc., who, pursuant to Federal Rule of Civil 

Procedure 41(a)(1)(A)(ii) hereby stipulate that this matter is dismissed without 

prejudice, each party to bear its own fees and costs. No other parties have appeared 

in this action. 

Case 3:21-cv-00064-MCR-EMT Document 35 Filed 09/17/21 Page 1 of 3
Respectfully submitted,

/s/ Mary Bubbett Jackson 

Mary Bubbett Jackson, 

Florida Bar No. 1008052

JACKSON+JACKSON

1992 Lewis Turner Blvd

Suite 1023

Fort Walton Beach, Florida 32547

T: (850) 200-4594

F: (888) 988-6499

E: mjackson@jackson-law.net

Attorney for Plaintiff 

By: /s/ B. Tyler White

Richard N. Margulies,

Florida Bar No. 607487 

Richard.Margulies@jacksonlewis.com 

B. Tyler White, 

Florida Bar No. 038213 

Tyler.White@jacksonlewis.com 

JACKSON LEWIS P.C.

501 Riverside Avenue, Suite 902 

Jacksonville, Florida 32202

Telephone: (904) 638-2655 

Christina.Ridder@Jacksonlewis.com 

Alexandrea.Price@Jacksonlewis.com 

Jacksonville.Docketing@Jacksonlewis.com 

Attorneys for Defendant Marco Destin, Inc. 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 17th day of September 2021, a true and 

correct copy of the foregoing has been furnished by electronic filing with the Clerk 

of the court via CM/ECF, which will send notice of electronic filing to all counsel 

of record identified below:

Case 3:21-cv-00064-MCR-EMT Document 35 Filed 09/17/21 Page 2 of 3
Richard N. Margulies

Richard.Margulies@jacksonlewis.com 

B. Tyler White 

Tyler.White@jacksonlewis.com 

JACKSON LEWIS P.C.

501 Riverside Avenue, Suite 902 

Jacksonville, Florida 32202

Telephone: (904) 638-2655 

Christina.Ridder@Jacksonlewis.com 

Alexandrea.Price@Jacksonlewis.com 

Jacksonville.Docketing@Jacksonlewis.com 

/s/ Mary Bubbett Jackson _

Case 3:21-cv-00064-MCR-EMT Document 35 Filed 09/17/21 Page 3 of 3
9.105 Procedures.

9.105-1 Obtaining information.

9.105-2 Determinations and documentation.

9.105-3 Disclosure of preaward information.

Parent topic: Subpart 9.1 - Responsible Prospective Contractors
## State of N ew York Su p reme Cou rt, A p p ellate Division Third J u dicial Dep artment Decided and Entered: March 3, 2016 107153

________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v MEMORANDUM AND ORDER JAMES D. GUYETT, Appellant.

________________________________ Calendar Date: January 19, 2016 Before: Egan Jr., J.P., Rose, Lynch and Clark, JJ.

__________ Michael C. Ross, Bloomingburg, for appellant. Gwen Wilkinson, District Attorney, Ithaca (Andrew J. Bonavia of counsel), for respondent.

__________ Appeal from a judgment of the County Court of Tompkins County (Rowley, J.), rendered September 4, 2014, which revoked defendant's probation and imposed a sentence of imprisonment. Defendant pleaded guilty to driving while intoxicated and was sentenced to five years of probation. Thereafter, a violation of probation petition was filed against him. County Court issued an arrest warrant and, over two years later, defendant was located after he was arrested in Schenectady County for driving while intoxicated. Defendant admitted to violating the terms of his probation by failing to report. County Court revoked his probation and resentenced him to a prison term of 1 a to 4 years. Defendant now appeals, contending that his sentence is harsh and excessive.-2- 107153

We affirm. Initially, although defendant was released from prison in September 2015, his appeal is not moot inasmuch as he remains on parole (see People v Donnelly, 80 AD3d 797, 798 [2011]; People v Stewart, 185 AD2d 381, 382 [1992], lv denied 80 NY2d 977 [1992]). "A sentence that is within the permissible statutory range will not be disturbed unless the sentencing court abused its discretion or extraordinary circumstances exist warranting a modification" (People v Ciarleglio, 299 AD2d 571, 572 [2002] [citations omitted]; accord People v Lowe, 53 AD3d 982, 983 [2008]). Here, defendant had been unable to comply with the conditions of his probation. Further, the resentence imposed was both authorized and within the range that defendant agreed to prior to admitting his violation of probation. Under the circumstances presented herein, we find no abuse of discretion or extraordinary circumstances warranting the reduction of the sentence in the interest of justice (see People v McCann, 100 AD3d 1150, 1151 [2012]; People v Smurphat, 91 AD3d 980, 981 [2012], lv denied 18 NY3d 962 [2012]). Egan Jr., J.P., Rose, Lynch and Clark, JJ., concur.

ORDERED that the judgment is affirmed.

ENTER:

Robert D. Mayberger Clerk of the Court
#### James L. Williams et al., Plaintiffs, v Hertz Corporation et al., Defendants and Third-Party Plaintiff. New Britain Herald Publishing Company, Inc., Third-Party Defendant. Kenneth Heller, Appellant, v James L. Williams et al., Respondents.

Order, Supreme Court, New York County, entered September 25, 1979, which granted plaintiff’s motion to the extent of substituting attorneys, directing the outgoing attorney to turn over his file to the incoming attorney, and awarding an attorney’s lien for work performed, the amount of which is to be determined upon resolution of the action, unanimously modified, on the law and the facts, without costs, to the extent of remanding to Special Term for a hearing to determine whether the outgoing attorney was discharged without cause, and if so, whether he is entitled to compensation, and if so, in what amount, with payment to be deferred and to be made from any recovery in the action, upon the conclu*767sion thereof, without prejudice to plaintiff’s right to apply at that time for a reduction of the compensation should the fee prove disproportionate to the final recovery, and the outgoing attorney is directed to turn over his file to the incoming attorney forthwith, and, appeal from an order, Supreme Court, New York County, entered February 6, 1979, dismissed as academic. Under the circumstances of this case, it would be inequitable for the outgoing attorney to retain the papers in the action, since that would render near impossible the preparation of the case for trial by the incoming attorney. Should it be determined that the outgoing attorney is entitled to compensation, he shall have a lien on the proceeds in that amount. However, an attorney who is discharged for cause or misconduct has no right to the payment of fees and no retaining lien on his client’s papers *(Matter of Weitling,*266 NY 184; *First Nat. Bank of Cincinnati v Pepper,*454 F2d 626). In view of plaintiff’s claims of discharge for cause, a hearing is in order. Concur—Fein, J. P., Sullivan, Lupiano, Silverman and Carro, JJ.
Federal Depository Library ProgramPersistent URL Home Page      

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Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

HERNANDEZ DANIELS,

Petitioner,

v. 4:20cv578–WS/HTC

RICKY D. DIXON,

Respondent.

 

ORDER ADOPTING THE MAGISTRATE JUDGE’S

REPORT AND RECOMMENDATION

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

No. 17) docketed February 2, 2023. The magistrate judge recommends that

Petitioner’s petition for writ of habeas corpus be DENIED. Petitioner has filed

objections (ECF No. 23) to the report and recommendation.

Upon review of the record in light of Petitioner’s objections, the court has

determined that the magistrate judge's report and recommendation is due to be

adopted. Like the magistrate judge, the undersigned finds that Petitioner has failed

to demonstrate that he is entitled to relief under 28 U.S.C. § 2254. 

Case 4:20-cv-00578-WS-HTC Document 24 Filed 04/20/23 Page 1 of 2
Page 2 of 2

Accordingly, it is ORDERED:

1. The magistrate judge's report and recommendation (ECF No. 17) is

hereby ADOPTED and incorporated by reference into this order.

2. Petitioner's petition for writ of habeas corpus (ECF No. 1), challenging his

conviction in State v. Daniels, 2005–CF–844, in Gadsden County, Florida, is

DENIED.

3. The clerk shall enter judgment stating: "Petitioner's petition for writ of

habeas corpus is DENIED."

4. A certificate of appealability is DENIED. 

DONE AND ORDERED this 20th day of April , 2023.

s/ William Stafford 

WILLIAM STAFFORD

SENIOR UNITED STATES DISTRICT JUDGE. 

Case 4:20-cv-00578-WS-HTC Document 24 Filed 04/20/23 Page 2 of 2
Exhibit 10.1


 


AMENDMENT 2009-1


 


TO THE


 


CEPHALON, INC.


 


2004 EQUITY COMPENSATION PLAN


 


WHEREAS, Cephalon, Inc. (the “Company”)
maintains the Cephalon, Inc. 2004 Equity Compensation Plan (the “2004 Plan”)
for the benefit of its eligible employees, certain consultants and advisors who
perform services for the Company, and non-employee members of the Company’s
Board of Directors (the “Board”);


 


WHEREAS, pursuant to Section 12(a) of
the 2004 Plan, the Board may amend the 2004 Plan at any time;


 


WHEREAS, pursuant to Section 141 of the
Delaware General Corporation Law, the Board has delegated its authority to
amend or modify any of the Company’s existing equity compensation plans,
including the 2004 Plan, to the Stock Option and Compensation Committee of the
Board of Directors (the “Committee”), as more fully described in Section III
of the Committee’s charter; and


 


WHEREAS, the Committee desires to amend the 2004
Plan to increase, up to an additional 1,000,000 shares, the aggregate number of
shares of Company common stock (“Company Stock”) authorized for issuance under
the 2004 Plan, so that a total of 14,950,000 shares of Company Stock are
authorized for issuance under the 2004 Plan, and to provide that after May 12,
2009, no more than 600,000 shares of Company Stock may be issued pursuant to
stock awards that are granted under the 2004 Plan after such date.


 


NOW,
THEREFORE, in
accordance with the foregoing, the 2004 Plan shall be amended as follows:


 


1.                                    Effective May 13, 2009, Section 3(a)(1) of
the 2004 Plan shall be amended in its entirety to read as follows, subject to
the approval of the Company’s stockholders:


 


“(1)         Shares Authorized.  Subject to adjustment as described
below, the aggregate number of shares of common stock of the Company (“Company
Stock”) that may be issued or transferred under the Plan is 13,950,000 shares
and, (i) effective May 13, 2009, the aggregate number of shares that
may be issued or transferred under the Plan shall be increased by 1,000,000 so
that the total number of shares of Company stock authorized for issuance or
transfer under the Plan is 14,950,000; provided, however, that after May 12,
2009, no more than 600,000 shares of Company Stock may be issued pursuant to
Stock Awards that are granted under the Plan after such date.”


 

















 


2.                                    As thus amended, the 2004 Plan is hereby
ratified, republished and reconfirmed and said 2004 Plan and this amendment
thereto hereby constitute the 2004 Plan.


 


IN
WITNESS WHEREOF,
and as evidence of the adoption of Amendment 2009-1 to the 2004 Plan as set
forth herein, the Committee has caused this Amendment 2009-1 to be executed
this 28th day of January 2009.


 


 


CEPHALON,
INC.


 


 


	
  BY:

  	
  /s/ Carl A.
  Savini

  	
   

  
	
   

  	
   

  	
   

  
	
  TITLE: 

  	
  Executive Vice
  President and Chief Administrative Officer