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

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

 __________________________________

HENRY LEE FORD, III, #170 148 *

Plaintiff, *

v. * 2:06-CV-752-MHT

 (WO)

BRENDA PEN, COI, et al., *

Defendants. *

 __________________________________ 

RECOMMENDATION OF THE MAGISTRATE JUDGE

On August 31, 2006 the court directed Plaintiff to file with the Clerk of the Court

either the $350.00 filing fee or a motion for leave to proceed in forma pauperis accompanied

by an affidavit in support thereof. (Doc. No. 2.) Plaintiff was cautioned that his failure to

comply with the August 31 order would result in a Recommendation that his complaint be

dismissed. (Id.) The requisite time has passed and Plaintiff has not provided the court with

either the filing fee or a motion for leave to proceed in forma pauperis. Consequently, the

court concludes that dismissal of this case is appropriate for Plaintiff’s failure to comply with

the order of the court.

Accordingly, it is the RECOMMENDATION of the Magistrate Judge that this case

be DISMISSED without prejudice for Plaintiff's failure to comply with the order of this

court.

 It is further

ORDERED that the parties are DIRECTED to file any objections to the

Case 2:06-cv-00752-MHT-SRW Document 3 Filed 09/15/2006 Page 1 of 2
-2-

Recommendation on or before September 28, 2006. Any objections filed must specifically

identify the findings in the Magistrate Judge's Recommendation to which the party is

objecting. Frivolous, conclusive or general objections will not be considered by the District

Court. The parties are advised that this Recommendation is not a final order of the court and,

therefore, it is not appealable.

Failure to file written objections to the proposed findings and recommendations in the

Magistrate Judge's report shall bar the party from a de novo determination by the District

Court of issues covered in the report and shall bar the party from attacking on appeal factual

findings in the report accepted or adopted by the District Court except upon grounds of plain

error or manifest injustice. Nettles v. Wainwright, 677 F.2d 404 (5th Cir. 1982). See Stein

v. Reynolds Securities, Inc., 667 F.2d 33 (11th Cir. 1982). See also Bonner v. City of

Prichard, 661 F.2d 1206 (11th Cir. 1981) (en banc), adopting as binding precedent all of the

decisions of the former Fifth Circuit handed down prior to the close of business on

September 30, 1981.

DONE, this 15th day of September, 2006.

/s/ Susan Russ Walker 

SUSAN RUSS WALKER

UNITED STATES MAGISTRATE JUDGE

Case 2:06-cv-00752-MHT-SRW Document 3 Filed 09/15/2006 Page 2 of 2
###### Editorial Note on Part 35

#### Editorial Note:

Nomenclature changes to part 35 appear at 79 FR 75739, Dec. 19, 2014.

#### § 35.19 Specific exemptions.

The Commission may, upon application of any interested person or upon its own initiative, grant exemptions from the regulations in this part that it determines are authorized by law and will not endanger life or property or the common defense and security and are otherwise in the public interest.
Editorial Note on Part 40
Editorial Note: Nomenclature changes to part 40 appear at 79 FR 75740, Dec. 19, 2014.

§ 40.52 Certain items containing source material; requirements for license to apply or initially transfer. An application for a specific license to apply source material to, incorporate source material into, manufacture, process, or produce the products specified in § 40.13(c) or to initially transfer for sale or distribution any products containing source material for use under § 40.13(c) or equivalent provisions of an Agreement State will be approved if: ( a ) The applicant satisfies the general requirements specified in § 40.32. However, the requirements of § 40.32(b) and (c) do not apply to an application for a license to transfer products manufactured, processed, or produced in accordance with a license issued by an Agreement State or to the import of finished products or parts.
( b ) The applicant submits sufficient information regarding the product pertinent to the evaluation of the potential radiation exposures, including: ( 1 ) Chemical and physical form and maximum quantity of source material in each product;
( 2 ) Details of construction and design of each product, if applicable. For coated lenses, this must include a description of manufacturing methods that will ensure that the coatings are unlikely to be removed under the conditions expected to be encountered during handling and use;
( 3 ) For products with applicable quantity or concentration limits, quality control procedures to be followed in the fabrication of production lots of the product and the quality control standards the product will be required to meet;
( 4 ) The proposed method of labeling or marking each unit, and/or its container with the identification of the manufacturer or initial transferor of the product and the source material in the product; and
( 5 ) The means of providing radiation safety precautions and instructions relating to handling, use, and storage of products to be used under § 40.13(c)(1)(i) and (c)(1)(iii).
( c ) Each product will contain no more than the quantity or the concentration of source material specified for that product in § 40.13(c).
[78 FR 32340, May 29, 2013]
UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

_______________________________________

)

ALMA T. MCBROOM, )

)

Plaintiff, )

)

v. ) Civil Action No. 2:06-CV-767-MEF-SRW

)

JOHN E. POTTER, et al., )

)

Defendants. )

______________________________________ )

CORPORATE/CONFLICT DISCLOSURE STATEMENT

In accordance with the order of this Court, the American Postal Workers Union, AFLCIO (“APWU”), defendant in the above-captioned matter, hereby makes the following disclosure

concerning parent companies, subsidiaries, affiliates, partnership, joint ventures, debtor,

creditors’ committee, or other entities reportable under the provisions of the Middle District of

Alabama’s General Order No. 3047:

The APWU is an unincorporated labor organization and, as such, has no entities to be

reported.

Dated: March 9, 2007 Respectfully submitted,

O’DONNELL, SCHWARTZ & ANDERSON, P.C.

By: /s/ Brenda Zwack 

 Brenda C. Zwack (D.C. No. 482673)

 Admitted Pro Hac Vice

 1300 L Street, NW, Suite 1200

 Washington, DC 20005-4126

 Tel (202) 898-1707/Fax (202) 682-9276

 bzwack@odsalaw.com

Attorneys for the American Postal Workers Union, AFL-CIO

Case 2:06-cv-00767-MEF-SRW Document 48 Filed 03/09/2007 Page 1 of 2
Certificate of Service

I hereby certify that I have this day caused the following people to be served by first class

mail postage pre-paid or through the Court’s electronic filing system with a copy of the foregoing

Corporate/Conflict Disclosure Statement of the American Postal Workers Union, AFL-CIO:

Alma T. McBroom

921 Hugh St.

Montgomery, AL 36108

Stephen Michael Doyle

United States Attorney’s Office - ALM

Middle District of Alabama

PO Box 197

Montgomery, AL 36101-0197

William Post Roberts, II

Howell, Sarto & Howell

P.O. Box 681864

147 E. Main Street

Prattville, AL 36067

Dated: March 9, 2007 /s/ Brenda Zwack 

Brenda C. Zwack

Case 2:06-cv-00767-MEF-SRW Document 48 Filed 03/09/2007 Page 2 of 2
#### § 490.601 Powers of the Secretary.

For the purpose of carrying out titles III, IV, V, and VI of the Act, DOE may hold such hearings, take such testimony, sit and act at such times and places, administer such oaths, and require by subpoena the attendance and testimony of such witnesses and the production of such books, papers, correspondence, memoranda, contracts, agreements, or other records as the Secretary of Transportation is authorized to do under section 505(b)(1) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 2005(b)(1)).
Editorial Note on Part 40
Editorial Note: Nomenclature changes to part 40 appear at 79 FR 75740, Dec. 19, 2014.

§ 40.1 Purpose. ( a ) The regulations in this part establish procedures and criteria for the issuance of licenses to receive title to, receive, possess, use, transfer, or deliver source and byproduct materials, as defined in this part, and establish and provide for the terms and conditions upon which the Commission will issue such licenses. (Additional requirements applicable to natural and depleted uranium at enrichment facilities are set forth in § 70.22 of this chapter.) These regulations also provide for the disposal of byproduct material and for the long-term care and custody of byproduct material and residual radioactive material. The regulations in this part also establish certain requirements for the physical protection of import, export, and transient shipments of natural uranium. (Additional requirements applicable to the import and export of natural uranium are set forth in part 110 of this chapter.)
( b ) The regulations contained in this part are issued under the Atomic Energy Act of 1954, as amended (68 Stat. 919), title II of the Energy Reorganization Act of 1974, as amended (88 Stat. 1242), and titles I and II of the Uranium Mill Tailings Radiation Control Act of 1978, as amended (42 U.S.C. 7901).
[55 FR 45597, Oct. 30, 1990, as amended at 56 FR 55997, Oct. 31, 1991]
2007-1439.

#### State v. Barnes.

Portage App. No. 2006-P-0089, 2007-Ohio-3362. Discretionary appeal accepted on Proposition of Law Nos. I, II, and III; cause held for the decision in 2007-0052, *State v. Simpkins,*Cuyahoga App. No. 87692, 2006-Ohio-6028; and briefing schedule stayed.

Moyer, C.J., and Pfeifer and Lanzinger, JJ., dissent.
MEDIATION REFERRALS

The following cases have been referred to mediation pursuant to S.CtPrac.R. XIV(6):

2007-2048.

#### State ex rel. Sunoco, Inc. v. Robey.

Franklin App. No. 06AP-361, 2007-Ohio-4859.
§ 217.35 Extension of priority ratings. ( a ) A person must use rated orders with suppliers to obtain items or services needed to fill a rated order. The person must use the priority rating indicated on the customer's rated order, except as otherwise provided in this part or as directed by the Department of Energy. For example, if a person is in receipt of a DO-F1 rated order for an electric power sub-station, and needs to purchase a transformer for its manufacture, that person must use a DO-F1 rated order to obtain the needed transformer.
( b ) The priority rating must be included on each successive order placed to obtain items or services needed to fill a customer's rated order. This continues from contractor to subcontractor to supplier throughout the entire procurement chain.
IN THE UNITED STATES DISTRICT COURT FOR

THE MIDDLE DISTRICT OF ALABAMA

EASTERN DIVISION

UNITED STATES OF AMERICA )

)

v. ) CASE NO. 3:06-cr-208-MEF

)

JASON EDWARD COFIELD )

O R D E R

Upon consideration of government's Unopposed Motion to Continue Trial (Doc. #62)

filed on March 15, 2007, it is hereby

ORDERED that the motion is GRANTED in part and DENIED in part. The trial set

for April 23, 2007 is continued until further order of the court. 

DONE this the 6th day of April, 2007.

 /s/ Mark E. Fuller 

CHIEF UNITED STATES DISTRICT JUDGE

Case 3:06-cr-00208-MEF-CSC Document 64 Filed 04/06/2007 Page 1 of 1
#### DI MENNA, Respondent, v. COOPER & EVANS CO., Appellant et al.

(Supreme Court, Appellate Division, First Department.

June 19, *11131914.)

Action by Michael Di Menna against the Cooper Sc Evans Company, impleaded with others.

George E. Miner, of New York City, for appellant.

Arnold Lichtig, of New York City, for respondent.

No opinion. Judgment and order affirmed, with costs. Order filed. See, also, 155 App. Div. 501, 140 N. Y. Supp. 680.
Rule 13a-14(d)/15d-14(d) Certification

  I, Helaine M. Kaplan, certify that:

  1.  I have reviewed this report on Form 10-K, and all reports on Form 10-D
  required to be filed in respect of periods covered by this report on Form
  10-K of the COMM 2012-CCRE5 Mortgage Trust (the "Exchange Act Periodic
  Reports");

  2. Based on my knowledge, the Exchange Act Periodic Reports, taken as a
  whole, do 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 report;

  3. Based on my knowledge, all of the distribution, servicing and other
  information required to be provided under Form 10-D for the period covered by
  this report is included in the Exchange Act Periodic Reports;

  4. Based on my knowledge and the servicer compliance statements required in
  this report under Item 1123 of Regulation AB, and except as disclosed in the
  Exchange Act Periodic Report, the servicers have fulfilled their obligations
  under the servicing agreements in all material respects; and

  5. All of the reports on assessment of compliance with servicing criteria for
  asset-backed securities and their related attestation reports on assessment
  of compliance with servicing criteria for asset-backed securities required to
  be included in this report in accordance with Item 1122 of Regulation AB and
  Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this
  report, except as otherwise disclosed in this report. Any material instances
  of noncompliance described in such reports have been disclosed in this report
  on Form 10-K.

  In giving the certifications above, I have reasonably relied on information
  provided to me by the following unaffiliated parties: KeyCorp Real Estate
  Capital Markets, Inc. as Primary Servicer, Midland Loan Services, Inc., a
  Division of PNC Bank, National Association as Master Servicer, Midland Loan
  Services, Inc., a Division of PNC Bank, National Association as Special
  Servicer, Park Bridge Lender Services LLC as Operating Advisor, Park Bridge
  Lender Services LLC, as Operating Advisor for the Eastview Mall and Commons
  Mortgage Loan, Torchlight Loan Services as Special Servicer for the Eastview
  Mall and Commons Mortgage Loan, Well Fargo Bank, National Association as
  Certificate Administrator and Paying Agent for the Eastview Mall and Commons
  Mortgage Loan, Well Fargo Bank, National Association as Custodian for the
  Eastview Mall and Commons Mortgage Loan, Wells Fargo Bank, National
  Association as Trustee, Wells Fargo Bank, National Association as Certificate
  Administrator, Wells Fargo Bank, National Association as Custodian and Wells
  Fargo Bank, National Association as Master Servicer for the Eastview Mall and
  Commons Mortgage Loan.

Date:  October 28, 2013

/s/ Helaine M. Kaplan
Helaine M. Kaplan
President
(Senior Officer in Charge of Securitization of the Depositor)
Case 3:06-cv-00744-SRW Document 8 Filed 11/06/2006 Page 1 of 1
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 283 Engrossed in House (EH)]

                 In the House of Representatives, U.S.,

                                                          May 18, 2005.
    Resolved, That at any time after the adoption of this resolution the Speaker 
may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the 
Committee of the Whole House on the state of the Union for consideration of the 
bill (H.R. 1817) to authorize appropriations for fiscal year 2006 for the 
Department of Homeland Security, and for other purposes. The first reading of 
the bill shall be dispensed with. All points of order against consideration of 
the bill are waived. General debate shall be confined to the bill and shall not 
exceed one hour equally divided and controlled by the chairman and ranking 
minority member of the Committee on Homeland Security. After general debate the 
bill shall be considered for amendment under the five-minute rule. In lieu of 
the amendments recommended by the Committees on Homeland Security, Energy and 
Commerce, and the Judiciary now printed in the bill, it shall be in order to 
consider as an original bill for the purpose of amendment under the five-minute 
rule the amendment in the nature of a substitute printed in part A of the report 
of the Committee on Rules accompanying this resolution. That amendment in the 
nature of a substitute shall be considered as read. All points of order against 
that amendment in the nature of a substitute are waived. Notwithstanding clause 
11 of rule XVIII, no amendment to that amendment in the nature of a substitute 
shall be in order except those printed in part B of the report of the Committee 
on Rules. Each amendment may be offered only in the order printed in the report, 
may be offered only by a Member designated in the report, shall be considered as 
read, shall be debatable for the time specified in the report equally divided 
and controlled by the proponent and an opponent, shall not be subject to 
amendment, and shall not be subject to a demand for division of the question in 
the House or in the Committee of the Whole. All points of order against such 
amendments are waived. At the conclusion of consideration of the bill for 
amendment the Committee shall rise and report the bill to the House with such 
amendments as may have been adopted. Any Member may demand a separate vote in 
the House on any amendment adopted in the Committee of the Whole to the bill or 
to the amendment in the nature of a substitute made in order as original text. 
The previous question shall be considered as ordered on the bill and amendments 
thereto to final passage without intervening motion except one motion to 
recommit with or without instructions.
            Attest:

                                                                          Clerk.
```
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

 SEPTEMBER 20, 2010

JOHN LEY

CLERK

 [DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 10-10360

Non-Argument Calendar

________________________

D. C. Docket No. 9:06-cv-81041-DMM

SECURITIES AND EXCHANGE COMMISSION,

Plaintiff-Appellee,

versus

JAMIE L. SOLOW, 

Defendant-Appellant.

________________________

Appeal from the United States District Court

for the Southern District of Florida 

________________________

(September 20, 2010)

Before TJOFLAT, CARNES and MARCUS, Circuit Judges.

PER CURIAM:

In S.E.C. v. Solow, 308 Fed. Appx. 364, 2009 WL 139503 (C.A. 11 (Fla)),
we affirmed the district court’s judgment ordering Jamie L. Solow to pay the

S.E.C. $3,424,788 in disgorgement. Solow paid only $2,639 of that amount, and

the S.E.C. moved the district court for an order to show cause why he should not

be held in civil contempt. After Solow filed a response to the S.E.C.’s motion, the

district court held an evidentiary hearing. At the conclusion of the hearing, the

court found that Solow had not shown a valid excuse for his non-compliance with

the disgorgement order and, in fact, had conducted his affairs to avoid compliance. 

The court therefore held him in civil contempt and ordered him incarcerated until

he purges himself of the contempt by paying the amount owed or by satisfactorily

demonstrating good faith reasonable efforts to pay it. Solow now appeals the

court’s contempt order. 

At the show cause hearing, the S.E.C. established a prima facie case of civil

contempt, i.e., that Solow actively took steps to create his asserted inability to pay.

Solow, in response, testified that, among other things, his only asset is his interest

in homestead property held with his wife as tenants by the entirety, and he lacked

the ability to coerce the sale of the property. The court found Solow’s testimony

not credible and that rather than making in good faith all reasonable efforts to

comply with the disgorgement order, Solow had been frustrating compliance. The

district court’s credibility finding is well supported in the record. So also are the

2
court’s other findings of relevant fact. We conclude that, on this record, the court

acted well within its discretion in adjudging Solow in civil contempt and ordering

his incarceration until he purges his contempt in accordance with the court’s

directive.

AFFIRMED.

 

3
§ 993.515 Size categories. For the purpose of this part, the pack specifications prescribed for the packing of prunes in consumer packages shall, subject to the limitation prescribed in § 993.516, be according to those commercially recognized size categories as are listed in paragraph (a) of this section by numerical designation or in paragraph (b) of this section by nomenclature designation. ( a ) *Numerical designations.* Each of the following is a numerical size category described by the range of the size counts of prunes per pounds included in the respective size categories expressed as follows or in an applicable equivalent range expressed in the metric system per 500 grams: 15/20, 15/22, 18/24, 20/30, 25/35, 30/40, 35/45, 40/50, 50/60, 60/70, 70/80, 75/85, 80/90, and 90/100.
( b ) *Nomenclature designations.* Each of the following is a nomenclature size category: ( 1 ) Extra large;
( 2 ) Large;
( 3 ) Medium; and
( 4 ) Small, breakfast, petite, or economy.
( c ) *Nomenclature designations defined.* As used in paragraph (b) of this section: ( 1 ) *Extra large* means any size count which falls within the range of 25 to 40 prunes, inclusive, per pound;
( 2 ) *Large* means any size count which falls within the range of 40 to 60 prunes, inclusive, per pound;
( 3 ) *Medium* means any size count which falls within the range of 60 to 85 prunes, inclusive, per pound; and
( 4 ) Small, breakfast, petite, or economy means any size count which falls within the range of 85 to 100 prunes, inclusive, per pound.
[26 FR 8281, Sept. 2, 1961, as amended at 49 FR 35930, Sept. 13, 1984; 88 FR 82236, Nov. 24, 2023]
Editorial Note on Part 34
Editorial Note: Nomenclature changes to part 34 appear at 79 FR 75739, Dec. 19, 2014.

§ 34.63 Records of receipt and transfer of sealed sources. ( a ) Each licensee shall maintain records showing the receipts and transfers of sealed sources and devices using DU for shielding and retain each record for 3 years after it is made.
( b ) These records must include the date, the name of the individual making the record, radionuclide, number of becquerels (curies) or mass (for DU), and manufacturer, model, and serial number of each sealed source and/or device, as appropriate.
**Exhibit 32.2**

**Certification of Chief financial Officer Under Section 906 of the Sarbanes-Oxley Act of 2002**

 

The undersigned officer of First National Lincoln Corporation (the "Company") hereby certifies that the Company's quarterly report on Form 10-Q for the period ended March 31, 2007 to which this certification is being furnished as an exhibit (the "Report"), as filed with the Securities and Exchange Commission on the date hereof, fully complies with the requirements of Section 13(a) or 15(d), as applicable, of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. This certification is provided pursuant to 18 U.S.C. Section 1350 and Item 601(b)(32) of Regulation S-K ("Item 601(b)(32)") promulgated under the Securities Act of 1933, as amended (the "Securities Act"), and the Exchange Act. In accordance with clause (ii) of Item 601(b)(32), thiscertification (A) shall not be deemed "filed" for purposes of Section 18 of the Exchange Act, or otherwise subject to the liability of that section, and (B) shall not be deemed to be incorporated by reference into any filing under the Securities Act or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.

 

Date: May 10, 2007

 

/s/ F. Stephen Ward

F. Stephen Ward

Executive Vice President & Chief Financial Officer

First National Lincoln Corporation

 

 

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