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

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

BEN F. BEARD, )

)

Plaintiff, )

)

v. ) Civil Action No. 2:06-653-WHA

)

LEHMAN BROTHERS HOLDINGS, INC., )

d/b/a LEHMAN CAPITAL, PETER R. )

KERN, OAK ASSET MANAGEMENT, LLC, )

MIDLAND LOAN SERVICES, INC., ) 

JOLLY ROGER, LLC; JOLLY ROGER I, INC.,)

CAPITAL SEVEN RECOVERY, LLC, )

PETER FAHEY, LARRY W. CARLSON, )

)

Defendants. )

MOTION TO REMAND

COMES NOW the Plaintiff, Ben F. Beard (“Beard”), and, pursuant to 28 U.S.C. §

1447(c) and other applicable law, requests the Court to remand the present case to the Circuit

Court of Pike County, due to certain defects in the Notice of Removal. In support thereof, the

Plaintiff relies upon the pleadings, the Court record, and the Memorandum of Law in Support of

Motion to Remand, along with its supporting exhibits, filed contemporaneously with this Motion.

/s/Lee R. Benton

Lee R. Benton

ASB: 8421-E63L

/s/C. Steven Ball

C. Steven Ball

ASB: 5126-A64C

Case 2:06-cv-00653-WHA-CSC Document 11 Filed 08/11/2006 Page 1 of 2
G:\wpusers\LRB\Beard 2410\p-motion to remand.wpd 2

OF COUNSEL:

BENTON & CENTENO, LLP

2019 Third Avenue North

Birmingham, Alabama 35203

Phone: (205) 278-8000

Facsimile: (205) 278-8008

CERTIFICATE OF SERVICE

I hereby certify that I have served a copy of the foregoing pleading by electronic

transmission or by first class mail to the following on this the 11 day of August, 2006: th

David B. Anderson

Waller Lansden Dortch & Davis, L.L.P. 

1901 6 Ave N. Ste. 1400 th

Birmingham, AL 35203

Terry L. Butts

P.O. Box 272

Luverne, AL 36049

Michael E. Jones

Jones & Coots, LLC

P.O. Box 367

Luverne, Alabama 36049

Steven G. Brody

King & Spalding, LLP

1185 Avenue of the Americas

New York, NY 10036

/s/C. Steven Ball

Of Counsel

Case 2:06-cv-00653-WHA-CSC Document 11 Filed 08/11/2006 Page 2 of 2
#### § 624.2 Objective.

The objective of the EWP Program is to assist sponsors, landowners, and operators in implementing emergency recovery measures for runoff retardation and erosion prevention to relieve imminent hazards to life and property created by a natural disaster that causes a sudden impairment of a watershed.
§ 906.42 Shipments for special purposes. Upon the basis of recommendations and information submitted by the committee, or other available information, the Secretary, whenever he finds that it will tend to effectuate the declared policy of the act, shall modify, suspend, or terminate regulations issued pursuant to §§ 906.34, 906.40, 906.45, or any combination thereof, in order to facilitate the handling of fruit: ( a ) For relief or for charity;
( b ) For processing or for manufacture or conversion into specified products; and
( c ) In such minimum quantities and for such other purposes as may be specified by the committee with the approval of the Secretary.
#### § 915.45 Production research, marketing research and development.

The committee may, with the approval of the Secretary, establish or provide for the establishment of production research, marketing research and development projects designed to assist, improve or promote the marketing, distribution, and consumption or efficient production of avocados. Such products may provide for any form of marketing promotion, including paid advertising. The expenses of such projects shall be paid from funds collected pursuant to the applicable provisions of § 915.41, or from such other funds as approved by the USDA.

[73 FR 6837, Feb. 6, 2008]
#### Antonio Carrero, Respondent, v Dime Contractors et al., Appellants.

[815 NYS2d 139]

In an action to recover damages for personal injuries, the defendants appeal from (1) an order of the Supreme Court, Kings County (Baraseh, J.H.O.), entered April 7, 2005, which, after a hearing, deemed process timely served nunc pro tunc pursuant to CPLR 306-b, and (2) an order of the same court (Rosenberg, J.), entered June 14, 2005, which, in effect, denied their motion to vacate so much of the determination of the Judicial Hearing Officer as deemed service proper pursuant to CPLR 306-b.

Ordered that the order dated June 14, 2005 is reversed insofar as appealed from, on the law, and the defendants’ motion, in effect, to vacate so much of the determination of the Judicial Hearing Officer as deemed service effective pursuant to CPLR 306-b is granted; and it is further,

Ordered that the appeal from the order dated April 7, 2004 is dismissed as academic, in light of our determination on the ap*507peal from the order dated June 14, 2004, and the matter is remitted to the Supreme Court, Kings County for a determination of the defendants’ motion to dismiss the action; and it is further,

Ordered that one bill of costs is awarded to the defendants.

The Judicial Hearing Officer’s authority derived from the order of reference, which confined his authority to issues relating to the “traverse,” to wit, whether service was proper *(see McCormack v McCormack,*174 AD2d 612, 613 [1991]). Granting relief pursuant to CPLR 306-b determined a matter not referred in the order of reference, which was beyond and in excess of the authority of the Judicial Hearing Officer. Accordingly, that relief must be vacated *(see McCormack v McCormack, supra;*CPLR 5015 [a] [4]).

The defendants’ motion to dismiss the complaint remains pending and undecided. The matter is remitted to the Supreme Court, Kings County, for a determination of that motion.

The defendants’ remaining contentions either are without merit or need not be reached in light of our determination. Goldstein, J.P., Luciano, Rivera and Fisher, JJ, concur.
#### Arcesio Crespo, Appellant, v Christopher Thomas, Respondent.

*899Order, Supreme Court, New York County, entered September 11, 1979, is modified, in the exercise of discretion, to condition the granting of defendant-respondent’s motion to direct plaintiff to submit to a physical examination upon payment, within 20 days after service of a copy of the order entered hereon, by the attorney for defendant-respondent personally of $500 costs to plaintiff-appellant, and otherwise affirmed, with costs and disbursements of this appeal, to be paid by defendant-respondent to plaintiff-appellant, and in default of the payment of all such costs, as aforesaid, the order appealed from is reversed, in the exercise of discretion, and the motion to direct plaintiff to submit to physical examination is denied, with costs and disbursements of this appeal, to be paid by defendant-respondent to plaintiff-appellant. The excuse for inordinate delay in responding timely to notice of plaintiff’s availability for physical examination is not in accord with the established facts. In these circumstances we have imposed the stated sanction. Concur—Murphy, P. J., Kupferman, Ross, Markewich and Lynch, JJ.
252.225-7032 Waiver of United Kingdom

Levies—Evaluation of Offers.

As prescribed in 225.1101 (7), use the following provision:

WAIVER OF UNITED KINGDOM LEVIES – EVALUATION OF OFFERS (APR 2003)

(a) Offered prices for contracts or subcontracts with United Kingdom (U.K.) firms may contain

commercial exploitation levies assessed by the Government of the U.K. The offeror shall identify to

the Contracting Officer all levies included in the offered price by describing—

(1) The name of the U.K. firm;

(2) The item to which the levy applies and the item quantity; and

(3) The amount of levy plus any associated indirect costs and profit or fee.

(b) In the event of difficulty in identifying levies included in a price from a prospective

subcontractor, the offeror may seek advice through the Director of Procurement, United Kingdom

Defence Procurement Office, British Embassy, 3100 Massachusetts Avenue NW, Washington, DC

20006.

(c) The U.S. Government may attempt to obtain a waiver of levies pursuant to the U.S./U.K.

reciprocal waiver agreement of July 1987.

(1) If the U.K. waives levies before award of a contract, the Contracting Officer will evaluate the

offer without the levy.

(2) If levies are identified but not waived before award of a contract, the Contracting Officer will

evaluate the offer inclusive of the levies.

(3) If the U.K. grants a waiver of levies after award of a contract, the U.S. Government reserves the

right to reduce the contract price by the amount of the levy waived plus associated indirect costs

and profit or fee.

(End of provision)

Parent topic: 252.225 RESERVED
Case 2:06-cr-00179-MHT-CSC Document 19 Filed 12/15/2006 Page 1 of 6
Case 2:06-cr-00179-MHT-CSC Document 19 Filed 12/15/2006 Page 2 of 6
Case 2:06-cr-00179-MHT-CSC Document 19 Filed 12/15/2006 Page 3 of 6
Case 2:06-cr-00179-MHT-CSC Document 19 Filed 12/15/2006 Page 4 of 6
Case 2:06-cr-00179-MHT-CSC Document 19 Filed 12/15/2006 Page 5 of 6
Case 2:06-cr-00179-MHT-CSC Document 19 Filed 12/15/2006 Page 6 of 6
Part 5129 - Taxes

Subpart 5129.1 - General

5129.101 Resolving tax problems.

Subpart 5129.2 - Federal Excise Taxes

5129.201 General.

Subpart 5129.3 - State and Local Taxes

5129.303 Application of state and local taxes to government contractors and subcontractors.

Subpart 5129.1 - General

5129.101 Resolving tax problems.

(a) The contracting officer shall provide to the legal counsel a comprehensive statement of facts and

issues supported by –

(i) Copies of correspondence and documents needed to understand the problem;

(ii) A copy of the contract or relevant portion; and

(iii) The comments and recommendations of the contracting officer, the reviewer and local counsel

at each echelon of command through which the correspondence passes.

Subpart 5129.2 - Federal Excise Taxes

5129.201 General.

(b) Process applications to the Bureau of Alcohol, Tobacco, and Firearms for permits to procure

alcohol free of tax pursuant to guidance at Title 27 Code of Federal Regulations, Section 22.172

Application and permit. The Assistant Secretary of the Army (Acquisition, Logistics and Technology)

has signature authority. See Appendix GG for further delegation.

Alcohol and Tobacco Tax and Trade Bureau Director National Revenue Center

550 Main Street, Suite 8002,

Cincinnati, Ohio 45202-5215.
Subpart 5129.3 - State and Local Taxes

5129.303 Application of state and local taxes to government contractors and

subcontractors.

(a) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) shall perform the

review as set forth in FAR 29.303(a). See Appendix GG for further delegation.
§ 948.24 Safeguards. ( a ) Each area committee, with the approval of the Secretary, shall prescribe adequate safeguards for potatoes handled pursuant to § 948.23 from entering trade channels other than those authorized by regulations and by such rules as may be necessary and incidental thereto.
( b ) Such safeguards may include requirements that handlers or processors desiring to handle potatoes pursuant to § 948.23 shall: ( 1 ) Apply for and obtain Certificates of Privilege from the area committee for handling potatoes affected or to be affected under the provisions of § 948.23;
( 2 ) Obtain inspection as required by § 948.40, or pay the assessment levied pursuant to § 948.77, or both, except as modified pursuant to § 948.23 in connection with shipments made under any such certificate; and
( 3 ) Furnish the committee such information, and execute or obtain execution of such documents, as the committee may require.
( c ) An area committee may rescind or deny to any handler permission to handle potatoes pursuant to § 948.23 of this subpart if proof satisfactory to the committee is obtained that potatoes handled by him for a purpose stated in § 948.23 were handled contrary to the provisions of this subpart.
( d ) The committee shall make reports to the Secretary, as requested, showing the number of applications for such certificates, the quantity of potatoes covered by such applications, the number of such applications denied and certificates granted, the quantity of potatoes handled under duly issued certificates, and such other information as may be requested.
UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF ALABAMA

OFFICE OF THE CLERK

POST OFFICE BOX 711

M ONTGOM ERY, ALABA M A 36101-0711

DEBRA P. HA CKETT 

TELEPHONE: 

 CLERK 

334 954-3600 

April 27, 2007

NOTICE

TO: ALL COUNSEL OF RECORD:

You are hereby notified that the jury list and jurors’ profiles for the term of court

beginning May 7, 2007 will be available at 3:30 p.m. on May 4, 2007, in the Jury Assembly

Room (B-108), first floor, Frank M. Johnson, Jr. United States Courthouse Annex, One

Church Street, Montgomery, Alabama. The Court instructs counsel that the profiles are

CONFIDENTIAL DOCUMENTS and should be treated as such. The information will now

be provided in electronic media (disc) only. Counsel MUST return ALL discs to the

Courtroom Deputy on the morning of jury selection.

The attached Juror Questionnaire Certification must be signed by counsel of record.

If counsel designates an alternate person to obtain the juror profiles the designee must also

sign the Juror Questionnaire Certification. The Juror Questionnaire Certification must be

submitted to the Jury Administrator/Clerk’s office at the time the juror profiles are obtained.

(This document can be found on our website at www.almd.uscourts.gov).

Case 2:06-cr-00178-SRW Document 22 Filed 04/27/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA OF

NORTHERN DIVISION

CLARENCE WATERS, #132116, )

)

Petitioner, ) 

v. ) CASE NO. 2:06-cv-0650-MEF

)

KENNETH JONES, et al., )

)

Respondents. )

O R D E R

After an independent review of the file, it is the ORDER, JUDGMENT and DECREE

of the court that:

(1) The petitioner's Objection to the Magistrate Judge Recommendation (Doc. #42)

filed on April 15, 2008 is overruled;

(2) The Recommendation of the United States Magistrate Judge (Doc. #41) entered

on April 3, 2008 is adopted;

(3) The petition for habeas corpus relief is DENIED and this case is DISMISSED

with prejudice. 

DONE this the 30th day of April, 2008.

 /s/ Mark E. Fuller 

CHIEF UNITED STATES DISTRICT JUDGE

Case 2:06-cv-00650-MEF-SRW Document 43 Filed 04/30/2008 Page 1 of 1
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-END>                               MAR-31-1998
<CASH>                                               0
<SECURITIES>                                         0
<RECEIVABLES>                                   11,318
<ALLOWANCES>                                       138
<INVENTORY>                                     19,112
<CURRENT-ASSETS>                                33,205
<PP&E>                                           8,630
<DEPRECIATION>                                 (4,895)
<TOTAL-ASSETS>                                  37,535
<CURRENT-LIABILITIES>                           18,043
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           125
<OTHER-SE>                                      17,067 
<TOTAL-LIABILITY-AND-EQUITY>                    37,535
<SALES>                                         21,368
<TOTAL-REVENUES>                                21,368
<CGS>                                           13,958
<TOTAL-COSTS>                                   13,958
<OTHER-EXPENSES>                                 7,412
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                 672
<INCOME-PRETAX>                                   (674)
<INCOME-TAX>                                     (256)
<INCOME-CONTINUING>                              (418)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                     (418)
<EPS-PRIMARY>                                    (.03)
<EPS-DILUTED>                                    (.03)
        

</TABLE>
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


In connection with the Annual Report of Venture Lending & Leasing V, Inc. (the "Fund") on Form 10-K for the year ending December 31, 2011 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Maurice C. Werdegar, President and Chief Executive Officer of the Fund, 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 result of operations of the Fund.





/S/ Maurice C. Werdegar


Maurice C. Werdegar


President and Chief Executive Officer


March 15, 2012
52.232-11 Extras.

As prescribed in 32.111(c)(2), insert the following clause, appropriately modified with respect to

payment due dates in accordance with agency regulations, in solicitations and contracts when a

fixed-price supply contract, fixed-price service contract, or transportation contract is contemplated:

Extras (Apr 1984)

Except as otherwise provided in this contract, no payment for extras shall be made unless such

extras and the price therefor have been authorized in writing by the Contracting Officer.

(End of clause)

Parent topic: 52.232 [Reserved]
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) CRIMINAL ACTION NO.

) 2:06cr179-MHT

JOHN TIERCE )

ORDER

It is ORDERED that the motion to continue sentencing

(doc. no. 13) is denied. The statement that the

continuation “is necessary for the parties to resolve

various matters related to sentencing” is insufficient,

that is, it is not detailed enough for the court to tell

whether a continuance is really necessary.

DONE, this the 19th day of October, 2006.

 /s/ Myron H. Thompson 

UNITED STATES DISTRICT JUDGE

Case 2:06-cr-00179-MHT-CSC Document 14 Filed 10/19/2006 Page 1 of 1
§ 761.105 Year-end analysis. Cross Reference
Link to an amendment published at 89 FR 65038 , Aug. 8, 2024.
( a ) The Agency conducts a year-end analysis at its discretion or if the borrower: ( 1 ) Is being considered for a new direct loan or subordination;
( 2 ) Is financially distressed or delinquent;
( 3 ) Has a loan deferred, excluding deferral of an installment under subpart B of part 766; or
( 4 ) Is receiving a limited resource interest rate on any loan, in which case the review will be completed at least every 2 years.
( b ) To the extent practicable, the year-end analysis will be completed within 60 days after the end of the business year or farm budget planning period and must include: ( 1 ) An analysis comparing actual income, expenses, and production to projected income, expenses, and production for the preceding production cycle; and
( 2 ) An updated farm operating plan.
[72 FR 63285, Nov. 8, 2007, as amended at 75 FR 54013, Sept. 3, 2010; 86 FR 43391, Aug. 9, 2021]
§ 923.42 Accounting. ( a ) If, at the end of a fiscal period, the assessments collected are in excess of expenses incurred, such excess shall be accounted for as follows: ( 1 ) Except as provided in paragraph (a)(2) of this section, each person entitled to a proportionate refund of any excess assessment shall be credited with such refund against the operation of the following fiscal period unless such person demands repayment thereof, in which event it shall be paid to him: *Provided,* That any sum paid by a person in excess of his pro rata share of the expenses during any fiscal period may be applied by the committee at the end of such fiscal period to any outstanding obligations due the committee from such person.
( 2 ) The Secretary, upon recommendation of the committee, may determine that it is appropriate for the maintenance and functioning of the committee that the funds remaining at the end of a fiscal period which are in excess of the expenses necessary for committee operations during such period may be carried over into following periods as a reserve. Such reserve may be established at an amount not to exceed approximately one fiscal period's operational expenses; and such reserve may be used to cover the necessary expenses of liquidation, in the event of termination of this part, and to cover the expenses incurred for the maintenance and functioning of the committee during any fiscal period when there is a crop failure, or during any period of suspension of any or all of the provisions of this part. Such reserve may also be used by the committee to finance its operations, during any fiscal period, prior to the time that assessment income is sufficient to cover such expenses; but any of the reserve funds so used shall be returned to the reserve as soon as assessment income is available for this purpose. Upon termination of this part, any funds not required to defray the necessary expenses of liquidation shall be disposed of in such manner as the Secretary may determine to be appropriate: *Provided,* That to the extent practical, such funds shall be returned pro rata to the persons from whom such funds were collected.
( b ) All funds received by the committee pursuant to the provisions of this part shall be used solely for the purposes specified in this part and shall be accounted for in the manner provided in this part. The Secretary may at any time require the committee and its members to account for all receipts and disbursements.
( c ) Upon the removal or expiration of the term of office of any member of the committee, such member shall account for all receipts and disbursements and deliver all property and funds in his possession to his successor in office, and shall execute such assignments and other instruments as may be necessary or appropriate to vest in such successor full title to all of the property, funds, and claims vested in such member pursuant to this part.
# Subpart 5106.2 - Full and Open Competition After Exclusion of Sources

**Parent topic:**Part 5106 - Competition Requirements

## 5106.202 Establishing or maintaining alternative sources.

(a) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) may make the determination as stated in FAR 6.202(a).  See Appendix GG for further delegation, based on the dollar value of the contract action.