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

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

PROGRESSIVE AMERICAN INS. CO., )

)

Plaintiff, ) 

v. ) 

) CIVIL ACTION NO. 2:06cv717-ID

CAROL THORN, et al., )

 ) 

Defendants. )

 

ORDER

Before the court is Plaintiff Progressive American Insurance Co.’s motion for

judgment of default, filed November 8, 2006 (Doc. No. 19). For the reasons that follow,

the court finds that Plaintiff’s motion is due to be denied without prejudice.

Plaintiff has not complied with Rule 55 of the Federal Rules of Civil Procedure,

which governs the procedure for obtaining a default judgment. Rule 55(a) provides that

"[w]hen a party against whom a judgment for affirmative relief is sought has failed to

plead or otherwise defend as provided by these rules and that fact is made to appear by

affidavit or otherwise, the clerk shall enter the party's default." Fed. R. Civ. P. 55(a)

(emphasis added). Thereafter, a party may seek a default judgment from either the court

or the clerk, depending upon whether the damages are for a "sum certain." Fed. R. Civ.

P. 55(b). 

Here, Plaintiff has applied to the court for a default judgment without having

obtained an entry of default from the clerk as provided in Rule 55(a). Hence, the court

finds that, at this time, a ruling on Plaintiff's motion for judgment of default is premature,

Case 2:06-cv-00717-ID-SRW Document 20 Filed 11/09/2006 Page 1 of 2
2

and, thus, the motion is due to be denied. After Plaintiff has complied with the

requirements of Rule 55(a), it may move again for judgment by default.

Accordingly, it is CONSIDERED and ORDERED that Plaintiff's motion for

judgment of default be and the same is hereby DENIED without prejudice to the right of

Plaintiff to renew said motion after it has complied with Rule 55(a) of the Federal Rules

of Civil Procedure. 

Done this 9 day of November, 2006. th

 /s/ Ira DeMent 

SENIOR UNITED STATES DISTRICT JUDGE

Case 2:06-cv-00717-ID-SRW Document 20 Filed 11/09/2006 Page 2 of 2
EX-35 (a)
(logo) OCWEN

ANNUAL SERVICER COMPLIANCE STATEMENT
PURSUANT TO ITEM 1123 OF REGULATION AB

March 8, 2007


RE: ACE 2006-ASAP5


For the fiscal year ended December 31, 2006 (the "Reporting Period"), Ocwen
Loan Servicing, LLC ("OLS") furnishes this annual servicer compliance statement
pursuant to Item 1123 of Regulation AB, indicating its compliance with the
servicing standards of the Securities & Exchange Commission as set forth in
Regulation AB, 17 CFR section 229.1100, et seq., ("Regulation AB"). In this
regard, I make the following representations, which are true to the best of my
knowledge and belief in all material respects.


1.      A review of the servicing activities of OLS during the Reporting Period,
        and of its performance under the Pooling and Servicing Agreement dated
        as of Serptember 1, 2006 (the "Agreement"), has been performed under my
        supervision.

2.      To the best of my knowledge, based on this review, OLS has fulfilled all
        of its obligations under the Agreement in all material respects
        throughout the Reporting Period.


By: /s/ Ronald M. Faris
Name: Ronald M. Faris
Title: President


Ocwen Loan Servicing LLC
1661 Worthington Road Suite 100
Centrepark West
West Palm Beach, FL 33409
II 

109TH CONGRESS 

2D SESSION S. 2873 

To suspend temporarily the duty on mixtures of methyl 4-iodo-2-[3-(4- 

methoxy-6-methyl-1,3,5-triazin-2-yl)ureidosulfonyl]benzoate, sodium salt. 

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 suspend temporarily the duty on mixtures of methyl 4- 

iodo-2-[3-(4-methoxy-6-methyl-1,3,5-triazin-2- 

yl)ureidosulfonyl]benzoate, sodium salt. 

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

3 SECTION 1. MIXTURES OF METHYL 4-IODO-2-[3-(4-METHOXY4 6-METHYL-1,3,5-TRIAZIN-2- 

5 YL)UREIDOSULFONYL]BENZOATE, SODIUM 

6 SALT (IODOSULFURON METHYL, SODIUM 

7 SALT). 

8 (a) IN GENERAL.—Subchapter II of chapter 99 of 

9 the Harmonized Tariff Schedule of the United States is 


sroberts on PROD1PC70 with BILLS
2 

•S 2873 IS 

1 amended by inserting in numerical sequence the following 

2 new heading: 

‘‘ 9902.11.44 Mixtures of methyl 4-iodo-2- 

[3-(4-methoxy-6-methyl1,3,5-triazin-2- 

yl)ureidosulfonyl]benzoate, 

sodium salt (Iodosulfuron 

methyl, sodium salt) (CAS 

No. 144550–36–7) and application adjuvants (provided 

for in subheading 

3808.30.15) ......................... Free No change No change On or before 

12/31/2009 ’’. 

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

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

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

6 the date of the enactment of this Act. 

Æ 


sroberts on PROD1PC70 with BILLS
IN THE UNITED STATES DISTRICT COURT 

FOR THE MIDDLE DISTRICT OF ALABAMA 

EASTERN DIVISION 

ELIZABETH LYNNE HUTCHINSON, ) 

) 

 Plaintiff, ) 

 ) 

v. ) CIVIL ACTION NO. CV-06-00700-WHA 

) 

PHENIX CITY BOARD OF EDUCATION, et al ) 

 ) 

 Defendants. ) 

MOTION FOR SUMMARY JUDGMENT

 Come now the Defendants, Phenix City Board of Education and Larry E. DiChiara, and 

Pursuant to Rule 56 of the Federal Rules of Civil Procedure, move the Court to enter a summary 

judgment in these Defendants favor dismissing the action on the ground that there are no genuine 

issues as to any material fact and that these Defendants are entitled to judgment as a matter of 

law. 

 This Motion is based upon the pleadings; the employment contracts of Plaintiff; the 

application for employment executed by Plaintiff; and excerpts from the depositions of Elizabeth 

Lynne Hutchinson, Brenda Densel, Paula Pritchett, Penny Passmore, Lori White and Larry E. 

DiChiara. Those documents are attached as exhibits to Defendants’ Brief in Support of Motion 

for Summary Judgment. 

This 7th day of June, 2007. 

 SMITH & SMITH 

 A PROFESSIONAL CORPORATION 

 /s/Sydney S. Smith 

 Attorney for the Defendants 

 Phenix City Board of Education and Larry E. DiChiara 

 1503 Broad Street 

 Phenix City, Alabama 36867 

 (334) 298-2679 

 SMI 078 

 ASB-4248-T82S 

Case 3:06-cv-00700-WHA-WC Document 30 Filed 06/07/2007 Page 1 of 2
CERTIFICATE OF SERVICE

I hereby certify that I have served the Motion for Summary Judgment upon Plaintiff’s 

counsel, by electronic filing and by email on this 7th day of June, 2007. 

 Joshua D. Wilson, Esq. 

 Rocco Calamusa, Jr., Esq. 

 Wiggins, Childs, Quinn & Pantazis, LLC. 

 The Kress Building 

 301 19th Street North 

 Birmingham, Alabama 35203 

jwilson@wcqp.com

rcalamusa@wcqp.com

 

 /s/ Sydney S. Smith 

 

CV/C-06-042 Motion for Summary Judgment060707 

Case 3:06-cv-00700-WHA-WC Document 30 Filed 06/07/2007 Page 2 of 2
#### McKENNA v. HORWITZ & SCHANBACK.

(Supreme Court, Appellate Division, Second Department.

July 31, 1914.)

1. Pleading (§ 329*)—Bill of Particulars—Failure to Furnish.

Code Civ. Proc. § 531, providing that, in case of a party’s failure to furnish a bill of particulars as ordered, the court shall preclude him from giving evidence, is mandatory.

[Ed. Note.—For other cases, see Pleading, Cent. Dig. § 995; Dec. Dig. § 329.*]

2. Appeal and Error (§ 671*)—Record—Questions Presented.

Matters not appearing in the record on appeal cannot be considered.

[Ed. Note.—For other cases, see Appeal and Error, Cent. Dig. §§ 2867-2872; Dec. Dig. § 671.*]

Appeal from Special Term, Kings County.

Action by Joseph McKenna against Horwitz & Schanback. From an order denying motion for an order precluding plaintiff from giving evidence because of his failure to serve a bill of particulars, defendants appeal.

Order reversed.

Argued before JENKS, P. J., and BURR, CARR, RICH, and PUTNAM, JJ.

Benjamin C. Ribman, of Brooklyn, for appellants.

Thomas Downs, for respondent.

*

For other cases see same topic *&*§ number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes

RICH, J.

This appeal is from an order of the Special Term, denying a motion for an order precluding the plaintiff from giving evidence on the trial of the action because of his failure to serve a bill of particulars pursuant to an order therefor, made on March 30th. The motion papers were served on April 21st. Two days thereafter, and on April 23d, a bill of particulars was served, and immediately returned upon the ground that the plaintiff was in default.

[1] Section 531 of the Code of Civil Procedure, providing that in case of a failure to serve a bill of particulars the party shall be precluded from giving evidence of the allegations of his pleading of which particulars have been ordered and not delivered, is mandatory (Smith v. Bradstreet Co., 134 App. Div. 567, 119 N. Y. Supp. 487), and if a bill ordered is not furnished, the precluding order follows as matter of course. The court has no discretion, though it may in a proper case and upon a proper motion relieve a party from his default.

[2] No reason is disclosed for the failure to comply with the order directing the service of a bill of particulars, though it is said in the brief of counsel for the respondent that upon the hearing of the motion at Special Term he explained to the court the reasons for the delay, and moved informally that his client's default be opened on condition that the bill of particulars be delivered forthwith to the attorney for the defendant. This does not appear in the record and must therefore be disregarded, and the order must be reversed, with $10 costs and disbursements, without prejudice to move to open the default upon such terms as the court may deem, proper. All concur.
EXHIBIT 31.2 - CERTIFICATION OF CHIEF EXECUTIVE OFFICER
               PURSUANT TO RULE 13a-14(a)

I, Rod Lynam, certify that:

1. I have reviewed this quarterly report on Form 10-QSB of Gallery of
History, Inc.;

2. Based on my knowledge, this quarterly report does not contain any untrue
statement of a material fact or omit to state a material fact necessary to
make the statements made, in light of the circumstances under which such
statements were made, not misleading with respect to the period covered by
this quarterly report;

3. Based on my knowledge, the financial statements, and other financial
information included in this quarterly report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this quarterly report;

4. The registrant's other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined
in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have:

a) designed such disclosure controls and procedures, or caused such disclosure
controls and procedures to be designed under our supervision, to ensure that
material information relating to the registrant, including its consolidated
subsidiaries, is made known to us by others within those entities,
particularly during the period in which this quarterly report is being
prepared;

b) evaluated the effectiveness of the registrant's disclosure controls and
procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of
the quarter period covered by this report based on such evaluation; and

c) disclosed in this quarterly report any change in the registrant's internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter that has materially affected, or is reasonably likely
to materially affect, the registrant's internal control over financial
reporting;

5. The registrant's other certifying officer and I have disclosed, based on
our most recent evaluation, to the registrant's auditors and the audit
committee of registrant's board of directors (or persons performing the
equivalent functions):

a) all significant deficiencies in the design or operation of internal
controls which could adversely affect the registrant's ability to record,
process, summarize and report financial data and have identified for the
registrant's auditors any material weaknesses in internal controls; and

b) any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal controls.

Date:  August 15, 2005           /s/  ROD LYNAM
                                 _______________________
                                 Rod Lynam
                                 Chief Financial Office
§ 1021.330 Programmatic (including site-wide) NEPA documents. ( a ) When required to support a DOE programmatic decision (40 CFR 1508.18(b)(3)), DOE shall prepare a programmatic EIS or EA (40 CFR 1502.4). DOE may also prepare a programmatic EIS or EA at any time to further the purposes of NEPA.
( b ) A DOE programmatic NEPA document shall be prepared, issued, and circulated in accordance with the requirements for any other NEPA document, as established by the CEQ Regulations and this part.
( c ) As a matter of policy when not otherwise required, DOE shall prepare site-wide EISs for certain large, multiple-facility DOE sites; DOE may prepare EISs or EAs for other sites to assess the impacts of all or selected functions at those sites.
( d ) DOE shall evaluate site wide NEPA documents prepared under § 1021.330(c) at least every five years. DOE shall evaluate site-wide EISs by means of a Supplement Analysis, as provided in § 1021.314. Based on the Supplement Analysis, DOE shall determine whether the existing EIS remains adequate or whether to prepare a new site-wide EIS or supplement the existing EIS, as appropriate. The determination and supporting analysis shall be made available in the appropriate DOE public reading room(s) or in other appropriate location(s) for a reasonable time.
( e ) DOE shall evaluate site-wide EAs by means of an analysis similar to the Supplement Analysis to determine whether the existing site-wide EA remains adequate, whether to prepare a new site-wide EA, revise the FONSI, or prepare a site wide EIS, as appropriate. The determination and supporting analysis shall be made available in the appropriate DOE public reading room(s) or in other appropriate location(s) for a reasonable time.
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE

MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

CHRISTINE BENNETT, )

)

Plaintiff, )

) CIVIL ACTION NO.

v. ) 1:06cv723-MHT

) 

ARMY FLEET SUPPORT LLC, )

)

Defendant. )

ORDER

In light of the appearance of counsel for plaintiff,

it is ORDERED that the referral order (doc. no. 3) is

vacated.

DONE, this the 27th day of September, 2006.

 /s/ Myron H. Thompson 

UNITED STATES DISTRICT JUDGE

Case 1:06-cv-00723-MHT-CSC Document 14 Filed 09/27/2006 Page 1 of 1
#### § 959.81 Compliance.

Except as provided in this subpart, no handler shall handle onions, the handling of which has been prohibited by the Secretary in accordance with provisions of this subpart, or the rules and regulations thereunder, and no handler shall handle onions except in conformity to the provisions of this subpart.
IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

UNITED STATES OF AMERICA )

)

V. ) CR. NO.: 3:06CR191-MHT

)

SPRING M. DAWSON )

MOTION TO CONTINUE ARRAIGNMENT

COMES NOW, Defendant, Spring M. Dawson, by and through undersigned counsel,

Kevin L. Butler, and moves to continue the arraignment currently scheduled for September 27,

2006. Ms. Dawson resides in Seattle, Washington. So as to minimize financial hardship we

would ask that her arraignment be continued until on or after December 27, 2006. This request is

not made for purposes of delay or to hinder the administration of justice.

WHEREFORE, for good cause and in the interest of justice, undersigned counsel requests

this motion be granted.

Respectfully submitted,

s/ Kevin L. Butler

KEVIN L. BUTLER

First Assistant Federal Defender

201 Monroe Street, Suite 407

Montgomery, Alabama 36104

Phone: (334) 834-2099

Fax: (334) 834-0353

E-mail: kevin_butler@fd.org

AZ Bar Code: 014138

Case 3:06-cr-00191-MHT-CSC Document 10 Filed 09/25/2006 Page 1 of 2
IN THE DISTRICT COURT OF THE UNITED STATES

FOR THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

UNITED STATES OF AMERICA )

)

V. ) CR. NO.: 3:06CR191-MHT

)

SPRING M. DAWSON )

CERTIFICATE OF SERVICE

I hereby certify that on September 25, 2006, I electronically filed the foregoing with the

Clerk of Court using the CM/ECF system which will send notification of such filing to the

following: 

Verne Speirs, Esquire

Assistant United States Attorney

One Court Square, Suite 201

Montgomery, Alabama 36104

Respectfully submitted,

s/ Kevin L. Butler

KEVIN L. BUTLER

First Assistant Federal Defender

201 Monroe Street, Suite 407

Montgomery, Alabama 36104

Phone: (334) 834-2099

Fax: (334) 834-0353

E-mail: kevin_butler@fd.org

AZ Bar Code: 014138

Case 3:06-cr-00191-MHT-CSC Document 10 Filed 09/25/2006 Page 2 of 2
Case 1:06-cv-00737-WKW-SRW Document 5 Filed 09/11/2006 Page 1 of 5
Case 1:06-cv-00737-WKW-SRW Document 5 Filed 09/11/2006 Page 2 of 5
Case 1:06-cv-00737-WKW-SRW Document 5 Filed 09/11/2006 Page 3 of 5
Case 1:06-cv-00737-WKW-SRW Document 5 Filed 09/11/2006 Page 4 of 5
Case 1:06-cv-00737-WKW-SRW Document 5 Filed 09/11/2006 Page 5 of 5
<TABLE> <S> <C>

<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1993
<PERIOD-END>                               SEP-30-1993
<CASH>                                          36,901
<SECURITIES>                                         0
<RECEIVABLES>                                6,270,310
<ALLOWANCES>                                         0
<INVENTORY>                                    134,675
<CURRENT-ASSETS>                             1,600,763
<PP&E>                                       2,699,921
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                              10,265,021
<CURRENT-LIABILITIES>                        1,778,001
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                         61
<COMMON>                                        82,385
<OTHER-SE>                                   5,425,268
<TOTAL-LIABILITY-AND-EQUITY>                10,265,021
<SALES>                                      2,768,505
<TOTAL-REVENUES>                             2,768,505
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                             2,534,009
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                234,496
<INCOME-TAX>                                    85,000
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   149,496
<EPS-PRIMARY>                                      .04
<EPS-DILUTED>                                      .04
        

</TABLE>
rbcaa_Ex_1023


		
			EXHIBIT 10.23
		

		
			 
		

		
			First Amendment to Bardstown Road Lease
		

		
			Dated 8-1-2008
		

		
			 
		

		
			This First Amendment to Lease dated this 31st day of January, 2018 shall amend the terms of the lease dated August 1, 2008 (“Lease”), by and between Jaytee-Bardstown, LLC, a Kentucky Limited Liability Company f/k/a Jaytee Properties Limited Partnership, a Kentucky Limited Partnership (“Landlord”) and Republic Bank & Trust Company (“Tenant”). 
		

		
			 
		

		
			Landlord and Tenant agree that the terms of the Lease shall be amended to extend the Lease Term and to modify the Rent payable by Tenant during the extended Term. 
		

		
			 
		

		
			WHEREAS, the parties hereto desire and agree to amend the Lease to extend the term of the Lease to August 1, 2028, and
		

		
			 
		

		
			WHEREAS, the parties hereto desire and agree to amend the Lease to modify the Rent payable by Tenant during the extended Term, and
		

		
			 
		

		
			WHEREAS, the parties hereto desire and agree to amend the Lease as heretofore set forth,
		

		
			 
		

		
			NOW THEREFORE, it is agreed that the ARTICLE II. TERM shall be amended to provide for a termination date of August 1, 2028, and
		

		
			 
		

		
			IT IS FURTHER agreed that the ARTICLE III. RENT and OPERATING EXPENSES shall be amended to provide that, effective August 1, 2018, Tenant shall pay Landlord Rent for the Premises in the amount of $17.50 per rentable square foot for a total sum of Seven Thousand Six Hundred Twelve Dollars and Fifty Cents ($7,612.50) per month.  
		

		
			 
		

		
			All other terms, conditions, and provisions of the Lease shall remain unchanged and incorporated by reference under this First Amendment to Lease. If there shall be any conflict between the original Lease and this First Amendment to Lease, this First Amendment to Lease shall control.
		

		
			 
		

		
			IN WITNESS WHEREOF, Landlord and Tenant, intending to be legally bound hereby, have caused this First Amendment to Lease to be executed by their duly authorized officers as of the day and year first set forth above.  
		

		
			 
		

			
					
						 

					
					
						 

					
					
						 

				
	
					
						REPUBLIC BANK & TRUST COMPANY

					
					
						 

					
					
						JAYTEE-BARDSTOWN, LLC

				
	
					
						 

					
					
						 

					
					
						By: Jaytee Properties Limited Partnership, Sole Member)

				
	
					
						By: /s/ Kevin Sipes          

					
					
						 

					
					
						By: /s/ Steven E. Trager          

				
	
					
						Kevin Sipes

					
					
						 

					
					
						Steven E. Trager