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

FOR THE MIDDLE DISTRICT OF ALABAMA 

EASTERN DIVISION

GENE COGGINS, )

)

Plaintiff, )

)

v. ) 3:06-CV-00687-WHA-DRB

)

GLORIA SINCLAIR, Probate Judge, et al., )

)

Defendants. )

ORDER

On September 15, 2006, the pro se Plaintiff filed a Motion to Dismiss Defendants Motion

to Dismiss and Motion for More Definite Statement (Doc. 13); this submission makes it

appropriate for the court to instruct Plaintiff as follows: 

1. By order entered September 12, 2006, the court granted Defendants’ Motion for

More Definite Statement to the extent that the court set a September 29, 2006 deadline for pro

se Plaintiff to file an amended complaint which states a federal cause of action. The court

also stayed any consideration on Defendants’ Motion to Dismiss until review of any timely

filed amended complaint. 

2. Plaintiff now urges this court “to dismiss Defendants Motion to Dismiss and

Motion for Definite Statement”, based in primary part on his erroneous belief that

Defendants’ filing of a dispositive motion in lieu of an answer entitles him to judgment by

default. Notwithstanding the caption, Plaintiff’s “motion to dismiss”, in its entirety, can be

construed properly and considered as nothing more than arguments in opposition to

Case 3:06-cv-00687-WHA-DRB Document 14 Filed 09/22/2006 Page 1 of 2
2

Defendants’ dismissal motion.

Accordingly, it is

 ORDERED that the Order filed September 12, 2006 (Doc. 12) is hereby reaffirmed

in all respects and, pursuant thereto, Plaintiff is directed to file by September 29, 2006, “an

amended complaint which states a federal cause of action.” Absent any such filing, the court

will proceed to reactivate Defendants’ dismissal motion and to make such recommendations

or order such proceedings thereon as may be appropriate.

Done this 22nd day of September, 2006.

/s/ Delores R. Boyd

DELORES R. BOYD

UNITED STATES MAGISTRATE JUDGE

Case 3:06-cv-00687-WHA-DRB Document 14 Filed 09/22/2006 Page 2 of 2
#### George McLane, Respondent, v. Michael Kisiel et al., Constituting the Board of Election of Niagara County, Respondents, and Joseph Garbinsky, Appellant.

Order unanimously affirmed, without costs. (Order entered June 9, 1969.) (Appeal from order of Niagara Special Term declaring petition invalid.) Present — Del Veeehio, J. P., Witmer, Gabrielli, Bastow and Henry, JJ.
[Federal Register Volume 75, Number 238 (Monday, December 13, 2010)]
[Notices]
[Page 77613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31347]


=======================================================================
-----------------------------------------------------------------------

COMMISSION ON CIVIL RIGHTS


Sunshine Act Notice--Amended

AGENCY: United States Commission on Civil Rights.

ACTION: Notice of Meeting.

-----------------------------------------------------------------------

DATE AND TIME: Friday, December 17, 2010; 11:30 a.m. EST.

PLACE: Via Teleconference, Public Dial In: 1-800-597-7623, Conference 
ID<greek-i>: 31039129.

Meeting Agenda

    This meeting is open to the public.
I. Approval of Agenda
II. Welcome New Commissioners
III. Management and Operations:
    <bullet> Review of transition, order of succession, continuity of 
operations.
    <bullet> Review of 2011 meeting calendar.
    <bullet> Staff Director's report.
IV. Program Planning: Update and discussion of projects.
    <bullet> Cy Pres.
    <bullet> Disparate Impact in School Discipline Policies.
    <bullet> Gender and the Wage Gap.
    <bullet> Title IX--Sex Discrimination in Liberal Arts College 
Admissions.
    <bullet> Eminent Domain Project.
    <bullet> NBPP.
V. State Advisory Committee Issues:
    <bullet> Update on status of North Dakota, Illinois and Minnesota 
SACs.
    <bullet> Update on Vermont SAC.
VI. Approval of Minutes of December 3, 2010 Meeting
VII. Announcements
VIII. Adjourn

CONTACT PERSON FOR FURTHER INFORMATION: Lenore Ostrowsky, Acting Chief, 
Public Affairs Unit (202) 376-8591. TDD: (202) 376-8116.
    Persons with a disability requiring special services, such as an 
interpreter for the hearing impaired, should contact Pamela Dunston at 
least seven days prior to the meeting at 202-376-8105. TDD: (202) 376-
8116.

    Dated: December 9, 2010.
David Blackwood,
General Counsel.
[FR Doc. 2010-31347 Filed 12-9-10; 4:15 pm]
BILLING CODE 6335-01-P
#### § 987.40 Additional grade or size regulations.

Whenever the Committee deems it advisable to establish grade or size requirements for any variety of dates, in addition to the minimum standard provided pursuant to § 987.39, to govern dates of such variety to be handled in any designated outlet or to be withheld to meet withholding obligation, or both, it shall recommend to the Secretary requirements as to grade based on the effective United States Standards for Grades of Dates or any modification thereof, and such size requirements as it may deem appropriate. If the Secretary finds, upon the basis of such recommendation or other information available to him, that such additional grade or size regulation, or both such regulations, will tend to effectuate the declared policy of the act, he shall establish such regulations. Notice thereof, showing the effective date, shall be sent by the Committee to all handlers of record. On and after the effective date no handler shall handle dates of such variety in any designated outlet or withhold such dates to meet withholding obligation except in accordance with such regulations.

[27 FR 6818, July 19, 1962, as amended at 43 FR 4252, Feb. 1, 1978]
#### § 987.2 Act.

*Act* means Public Act No. 10, 73d Congress, as amended and as reenacted and amended by the Agricultural Marketing Agreement Act of 1937, as amended (sections 1-19, 48 Stat. 31, as amended; 7 U.S.C. 601 *et seq.*).
**CONSENT OF INDEPENDENT REGISTERED ACCOUNTING FIRM**

 

 Board of Directors  Soleil Capital L.P.  (f/k/a Jobsinsite.com, Inc.)  Hollywood, Florida

 Gentlemen:  

We have issued our report dated March 29, 2011, accompanying the financial statements of Soleil Capital L.P. (f/k/a Jobsinsite.com, Inc.) contained in the Form 10-K for the year ending December 31, 2010 under the Securities Exchange Act of 1934, as amended.  We consent to the use of the aforementioned report in the Form 10-K for the year ending December 31, 2010 under the Securities Exchange Act of 1934, as amended.

|   |                                      |
|--------|--------------------------------------|
|   | Hackensack, New JerseyMarch 29, 2011 |
Exhibit
32.1
 Certification
of Principal Executive Officer
 Pursuant
to Section 906 of the Sarbanes-Oxley Act of 2002
  In
connection with the Annual Report on Form 10-K for the year ended December 31,
2008 (the “Report”) of United States Natural Gas Fund, LP (the “Registrant”), as
filed with the Securities and Exchange Commission on the date hereof, I,
Nicholas D. Gerber, the President and Chief Executive Officer of United States
Commodity Funds LLC, General Partner of the Registrant, hereby certify, to the
best of my knowledge, that:
  (1) 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
Registrant.
  
 Date:  March 2,
      2009
                  By:
                  /s/ Nicholas D. GerberName:
                    Title:
                  Nicholas
      D. Gerber
                    President
      and Chief Executive Officer
                    United
      States Commodity Funds LLC,
                    General
      Partner of United States Natural Gas Fund,
LP
SUBCHAPTER B—ACQUISITION PLANNING

PART 705—PUBLICIZING CONTRACT ACTIONS

PART 706—COMPETITION REQUIREMENTS

PART 707—ACQUISITION PLANNING

PART 709—CONTRACTOR QUALIFICATIONS

PART 711—DESCRIBING AGENCY NEEDS

PART 705—PUBLICIZING CONTRACT ACTIONS

705.002 [Reserved]

Subpart 705.1 xxx

Subpart 705.2—Synopsis of Proposed Contract Actions

705.202 Exceptions.

705.207 [Reserved]

Subpart 705.5—Paid Advertisement

705.502 Authority.

PART 706—COMPETITION REQUIREMENTS

Subparts 706.1–706.2 [Reserved]

Subpart 706.3—Other Than Full and Open Competition

706.302-5 [Reserved]

706.302-70 Impairment of foreign aid programs.

706.302-71 [Reserved]

Subpart 706.5—Competition Advocates

706.501 Requirement.

PART 707—ACQUISITION PLANNING

Subpart 707.1—Acquisition Plans

707.104 General procedures.

PART 709—CONTRACTOR QUALIFICATIONS

Subpart 709.4—Debarment, Suspension and Ineligibility

709.403 Definitions.

Subpart 709.5—Organizational Conflicts of Interest

709.503 Waiver.

709.507-2 Contract clause.

PART 711—DESCRIBING AGENCY NEEDS

711.002-70 Metric system waivers.

711.002-71 Solicitation provisions and contract clauses.
#### Hazel Whelan, Respondent, v. County of Monroe, Appellant, et al., Defendant.

Order insofar as appealed from unanimously affirmed, without costs. Motion granted to incorporate in record on appeal the affidavit of Kenneth I. Albert, sworn to the 31st day of January, 1969, and the Memorandum of Hon. Daniel E. Macken dated February 7, 1969. (Appeal from certain parts of order of Monroe Special Term, granting leave to serve amended complaint.) Present —- Goldman, P. J., Marsh, Witmer, Moule and Henry, JJ.
# Subpart 2932.4 - Advance Payments for Non-Commercial Items

**Parent topic:**PART 2932 - CONTRACT FINANCING

## 2932.402 General.

The HCA is authorized to approve determinations and findings as well as contract terms for advance payments. The contracting officer must submit a recommendation for approval or disapproval of the contractor's request to the HCA.   

## 2932.407 Interest.

The HCA may authorize advance payments without interest pursuant to FAR 32.407.
Rialto
CAPITAL(logo)  2018
Annual Statement of Servicer Compliance (Item 1123)  Pooling
and Servicing Agreement (the “Pooling and Servicing Agreement”) dated as of November 1, 2012 by and among GS Mortgage
Securities Corporation II, as Depositor, Wells Fargo Bank, National Association as Master Servicer, Rialto Capital Advisors, LLCas Special Servicer, Pentalpha Surveillance LLC as Operating Advisor and U.S. Bank National Association as Certificate Administrator,
and Trustee relating to the GS Mortgage Securities Trust 2012-GCJ9, Commercial Mortgage Pass-Through Certificates, Series 2012-GCJ9
(GSMS 2012-GCJ9)  The undersigned, a duly authorized
officer of Rialto Capital Advisors, LLC, as special servicer (the “Special Servicer”) herein certifies to the following:  1.
    All servicing activities and performance of such servicing activities under the Pooling and Servicing Agreement are performed on behalf of the Special Servicer,2.
    A review of the servicing activities and performance by the Special Servicer for the period of January 1, 2018 to December 31, 2018 (the “Reporting Period”) in accordance with the Pooling and Servicing Agreement has been conducted under my supervision,3.
    To the best of my knowledge, based on such review, the Special Servicer has fulfilled all of its obligations under the terms of the Pooling and Servicing Agreement, in all material respects for the Reporting Period and if there has been a failure to fulfill any such obligations in any material respect, each failure and the nature and status thereof has been specifically identified herein.  Certified by:
    /s/ Adam Singer
    
    Date: March 1, 2019Adam Singer, Managing Director
#### In the Matter of Charles L. Hadley, Respondent, v State of New York Liquor Authority, Appellant.

Judgment unanimously affirmed, with costs. Memorandum: Respondent liquor authority appeals from a judgment annulling its determination disapproving petitioner’s application for an off-premises beer license in his establishment for the sale of foodstuffs, operated under the name of Don’s Farm to U Market on Route 15 in the Town of Bath, New York. Although the local ABC board recommended issuance of the license, respondent denied it on the ground that it was not satisfied that the premises are a bona fide store within the contemplation of the Alcoholic Beverage Control Law. The record shows that petitioner sells a broad line of foodstuffs and that the only items that it does not carry that chain grocery stores do are health aids, some canned foods, staples, fresh meats and paper products. Section 54 of the Alcoholic Beverage Control Law authorizes the issuance of an off-premises retail beer license to a store such as petitioner operates. In the absence of some adverse showing concerning petitioner’s character or prior conduct, the action of respondent in denying the application was arbitrary and an abuse of discretion. (Appeal from judgment of Steuben Supreme Court—CPLR art 78.)

Present—Dillon, P. J., Cardamone, Doerr, Witmer and Moule, JJ.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 16-1631

JENNIFER D. MARSHALL; DAVID C. MARSHALL,

 Plaintiffs – Appellants,

v.

ETHICON, INCORPORATED; JOHNSON & JOHNSON,

 Defendants – Appellees,

and

JOHNSON & JOHNSON, INC.,

 Defendant.

Appeal from the United States District Court for the Southern 

District of West Virginia, at Charleston. Joseph R. Goodwin, 

District Judge. (2:12-cv-02809; 2:12-md-02327)

Submitted: November 14, 2016 Decided: November 21, 2016

Before DUNCAN, KEENAN, and WYNN, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Tracy W. Houck, Ron Riggle, HOUCK & RIGGLE, LLC, Ruston, 

Louisiana, for Appellants. David B. Thomas, Daniel R. 

Higginbotham, THOMAS COMBS & SPANN, PLLC, Charleston, West 

Virginia; Christy Jones, John C. Henegan, Sr., Susana Moore 

Moldoveanu, BUTLER SNOW LLP, Ridgeland, Mississippi, for 
2

Appellees.

Unpublished opinions are not binding precedent in this circuit.
3

PER CURIAM:

Jennifer D. and David C. Marshall appeal the district 

court’s orders dismissing this action for failure to effect 

timely service of process and denying their motion for 

reconsideration. We have reviewed the record and find no 

reversible error. Accordingly, we affirm for the reasons stated 

by the district court. Marshall v. Ethicon, Inc., Nos. 2:12-cv02809, 2:12-md-92327 (S.D.W. Va. Jan. 26 & May 27, 2016). We 

dispense with oral argument because the facts and legal 

contentions are adequately presented in the materials before 

this court and argument would not aid the decisional process.

AFFIRMED
Exhibit 32.1

STATEMENT 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 Allied Nevada Gold Corp. (the Corporation) on
Form 10-K for the period ended December 31, 2008, as filed with the Securities and Exchange Commission (the Report), the undersigned officer of the Corporation does hereby 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, 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 Corporation.
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------



|                     |  |  |  |                                      
|-------------------- |  |  |  | -------------------------------------
|Date: March 16, 2009 |  |  |  | /s/    SCOTT A.
CALDWELL             
|                     |  |  |  | Scott A. Caldwell,                   
|                     |  |  |  | President and Chief Executive Officer

A signed original of this written statement required by 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 the Corporation and will be retained by the Corporation and
furnished to the Securities and Exchange Commission or its staff upon request.
Subpart 5125.1 - Buy American - Supplies

Parent topic: Part 5125 - Foreign Acquisition

5125.103 Exceptions.

(a)(ii)(B)(1) The position one level above the contracting officer, without further delegation, shall

make the determination at DFARS 225.103(a)(ii)(B)(1).

(2) The head of the contracting activity shall make the determination at DFARS 225.103(a)(ii)(B)(2).

See Appendix GG for further delegation.

(3) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) shall make the

determination at DFARS 225.103(a)(ii)(B)(3). See Appendix GG for further delegation.

(b)(ii)(A) The position one level above the contracting officer, without further delegation, may make

the determination at DFARS 225.103(b)(ii)(A).

(B) The chief of the contracting office, without further delegation, may make the determination at

DFARS 225.103(b)(ii)(B).

(C) The head of the contracting activity may make the determination at DFARS 225.103(b)(ii)(C).

See Appendix GG for further delegation.

5125.105 Determining reasonableness of cost.

(a)(1) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) shall make the

determination as described at FAR 25.105(a)(1). See Appendix GG for further delegation.
REGULATORY EVALUATION

Directorate Identifier: 2012-NM-060-AD

Executive Order 12866:

Could the AD be considered a “significant regulatory action”?

YES ( ) explain NO (X)

DOT Regulatory Policies and Procedures:

Is the AD significant?

YES ( ) explain NO (X)

Regulatory Flexibility Act:

Will the AD have a significant economic impact on a substantial number of small entities?

YES ( ) explain NO (X)

Intrastate Aviation in Alaska:

This AD could affect intrastate aviation in Alaska. Is it appropriate to include specific 

requirements for aircraft operated in Alaska, where aviation might be the only mode of 

transportation?

YES ( ) explain NO (X)
#### HANSEN, Appellant, v. WARREN et al., Respondents.

(Supreme Court, Appellate Division, First Department.

June 25, 1906.)

Action by James Hansen against Ira D. Warren and others.

No opinion. Motion to dismiss appeal granted, with $10 costs. Order filed.
<TABLE> <S> <C>

<ARTICLE> 5
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          APR-30-1999
<PERIOD-END>                               JAN-31-1999
<CASH>                                            3332
<SECURITIES>                                         0
<RECEIVABLES>                                   275000
<ALLOWANCES>                                    275000
<INVENTORY>                                       5325
<CURRENT-ASSETS>                                 74657
<PP&E>                                           17993
<DEPRECIATION>                                    8517
<TOTAL-ASSETS>                                   84133
<CURRENT-LIABILITIES>                           140598
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         83
<COMMON>                                         62795
<OTHER-SE>                                     9612134
<TOTAL-LIABILITY-AND-EQUITY>                     84133
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                446884
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                               (423509)
<INCOME-TAX>                                     (800)
<INCOME-CONTINUING>                           (424309)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                  (424309)
<EPS-PRIMARY>                                    (.01)
<EPS-DILUTED>                                    (.01)
        

</TABLE>
IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

SOUTHERN DIVISION

 ______________________________

HOWARD GLENN TOOLE, *

#C 917683

Petitioner, *

 v. * 1:06-CV-696-MHT

 

JAMES MCDONOUGH, et al., * 

Respondents. *

 ______________________________

ORDER

In his response filed December 4, 2006 to the order of this court requiring that he

establish cause and prejudice with respect to the claims in his petition considered

procedurally defaulted, Petitioner asserts that any default arising from the failure to present

his defaulted claims in accordance with the state’s procedural rules was due to the ineffective

assistance of counsel and his inability to access relevant legal material. (Doc. No. 26.) The

court therefore construes Petitioner’s response as a motion to amend. Upon consideration

of the motion to amend, and for good cause, it is

ORDERED that this motion (Doc. No. 26) be and is hereby GRANTED. 

It is further 

ORDERED that on or before December 27, 2006 Respondents shall file a

supplemental answer addressing Petitioner's claims of ineffective assistance of counsel and

access to courts and his assertions that counsel’s ineffectiveness and his inability to access

relevant legal material establishes cause for his procedural default. Respondents’ answer

Case 1:06-cv-00696-MHT-TFM Document 27 Filed 12/07/2006 Page 1 of 2
should comport with the directives contained in the court’s September 27, 2006 order of

procedure. (See Doc. No. 19.) 

Done, this 7th day of December 2006.

 /s/Wallace Capel, Jr. 

WALLACE CAPEL, JR.

UNITED STATES MAGISTRATE JUDGE

Case 1:06-cv-00696-MHT-TFM Document 27 Filed 12/07/2006 Page 2 of 2
EXHIBIT
32.2
  
 CERTIFICATION
FURNISHED PURSUANT TO
 SECURITIES
EXCHANGE ACT RULE 13a-14(b)
 OR
RULE 15d-14(b) AND 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 on
Form 10-K of the Tennessee Valley Authority (the “Company”) for the year ended
September 30, 2008, as filed with the Securities and Exchange Commission on the
date hereof (the “Report”), I, Kimberly S. Greene, Chief Financial Officer and
Executive Vice President, Financial Services of the Company, certify, for the
purposes of complying with Rule 13a-14(b) or Rule 15d-14(b) of the Securities
Exchange Act of 1934, as amended, and Section 1350 of Chapter 63 of Title 18 of
the United States Code, 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), as applicable, 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.
 
 
 
 
 /s/
      Kimberly
      S. GreeneKimberly
      S. GreeneChief
      Financial Officer and Executive
                    Vice
      President, Financial ServicesDecember
      16, 2008
###### Editorial Note on Subpart A of Part 989

#### Editorial Note:

Nomenclature changes to part 989 appear at 83 FR 53973, Oct. 26, 2018.

#### § 989.31 Failure to nominate.

In the event nomination for a member or alternate member position on the Committee is not certified pursuant to and within the time specified in § 989.29, the Secretary may select an eligible person to fill such position without regard to nomination.

[41 FR 32412, Aug. 3, 1976]
914.502 Conditions for use.       (c) Use of the two-step sealed bidding method shall be approved by the Head of the Contracting Activity. The contracting officer shall submit a written request for approval justifying its use in accordance with 48 CFR 14.502.    **Parent topic:** Subpart 914.5 - Two-Step Sealed Bidding