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

FOR THE DISTRICT OF PUERTO RICO

------------------------------------------------------------------------x

In re:

THE FINANCIAL OVERSIGHT AND MANAGEMENT BOARD 

FOR PUERTO RICO,

as representative of 

THE COMMONWEALTH OF PUERTO RICO et al., 

Debtors.1

PROMESA

Title III

Case No. 17-BK-3283 (LTS)

(Jointly Administered)

------------------------------------------------------------------------x

ORDER SETTING BRIEFING SCHEDULE 

This matter is before the Court on the Avoidance Actions Trustee’s Omnibus Motion to 

Lift Litigation Stay in Selected Avoidance Actions (Dkt. No. 23293 in Case No. 17-3283) (the 

“Omnibus Motion”), as it relates to two (2) of Mediated Actions2 listed in Appendix I and the 

1 The Debtors in these Title III Cases, along with each Debtor’s respective Title III case number 

and the last four (4) digits of each Debtor’s federal tax identification number, as applicable, are 

the (i) Commonwealth of Puerto Rico (the “Commonwealth”) (Bankruptcy Case No. 17-BK-3283- 

LTS) (Last Four Digits of Federal Tax ID: 3481); (ii) Puerto Rico Sales Tax Financing Corporation 

(“COFINA”) (Bankruptcy Case No. 17-BK-3284-LTS) (Last Four Digits of Federal Tax ID: 8474); (iii) 

Puerto Rico Highways and Transportation Authority (“HTA”) (Bankruptcy Case No. 17-BK-3567-

LTS) (Last Four Digits of Federal Tax ID: 3808); (iv) Employees Retirement System of the 

Government of the Commonwealth of Puerto Rico (“ERS”) (Bankruptcy Case No. 17-BK-3566-LTS) 

(Last Four Digits of Federal Tax ID: 9686); (v) Puerto Rico Electric Power Authority (“PREPA”) 

(Bankruptcy Case No. 17- BK-4780-LTS) (Last Four Digits of Federal Tax ID: 3747); and (vi) Puerto 

Rico Public Buildings Authority (“PBA”) (Bankruptcy Case No. 19-BK-5233-LTS) (Last Four Digits of 

Federal Tax ID: 3801) (Title III case numbers are listed as Bankruptcy Case numbers due to 

software limitations).

2 Capitalized terms not defined herein shall have the meanings given to them in the Omnibus 

Motion. 

Case:17-03283-LTS Doc#:23305 Filed:01/23/23 Entered:01/23/23 13:11:51 Desc: Main

Document Page 1 of 4
2 

Rosso Action listed in Appendix II. The Court hereby sets the following briefing schedule on the 

Omnibus Motion: 

1. Any oppositions to the Omnibus Motion shall be filed on or before February 6, 2023; 

2. Any replies to the Omnibus Motion shall be filed on or before February 13, 2023; 

3. The Court will thereafter take the Omnibus Motion on submission unless the Court 

orders otherwise. 

SO ORDERED. 

/ s / Judith Gail Dein

Judith Gail Dein

 United States Magistrate Judge

DATED: January 23, 2023 

Case:17-03283-LTS Doc#:23305 Filed:01/23/23 Entered:01/23/23 13:11:51 Desc: Main

Document Page 2 of 4
3 

APPENDIX I

MEDIATED ACTIONS

19-00062 Drivetrain LLC v. Apex General Contractors LLC

19-00063 Drivetrain LLC v. GF Solutions, INC.

Case:17-03283-LTS Doc#:23305 Filed:01/23/23 Entered:01/23/23 13:11:51 Desc: Main

Document Page 3 of 4
4 

APPENDIX II

ROSSO ACTION

19-00239 Drivetrain LLC v. Rosso Group, INC.

Case:17-03283-LTS Doc#:23305 Filed:01/23/23 Entered:01/23/23 13:11:51 Desc: Main

Document Page 4 of 4
#### § 121.489 Flight time limitations: Other commercial flying.

No pilot that is employed as a pilot by a certificate holder conducting flag operations may do any other commercial flying if that commercial flying plus his flying in air transportation will exceed any flight time limitation in this part.

[Doc. No. 28154, 61 FR 2612, Jan. 26, 1996]
§ 111.230 Final disciplinary action records. ( a ) Except as provided in paragraph (b) of this section, each reporting entity must provide to the PRD any final disciplinary action record pertaining to pilot performance with respect to an individual whom the reporting entity has employed as a pilot.
( b ) No person may report to the PRD any record of disciplinary action that was subsequently overturned because the event prompting the action did not occur or the pilot was not at fault as determined by— ( 1 ) A documented agreement between the employer and the pilot; or
( 2 ) The official and final decision or order of any panel or person with authority to review employment disputes, or by any court of law.
( c ) If a reporting entity receives notice that any disciplinary action record reported to the PRD under paragraph (a) of this section was overturned in accordance with paragraph (b), that entity must correct the pilot's PRD record in accordance with § 111.250 within 10 days.
( d ) Each final disciplinary action record that must be reported to the PRD under paragraph (a) of this section must include the following information: ( 1 ) The type of disciplinary action taken by the employer, including written warning, suspension, or termination;
( 2 ) Whether the disciplinary action resulted in permanent or temporary removal of the pilot from aircraft operations;
( 3 ) The date the disciplinary action occurred; and
( 4 ) Whether there are additional documents available that are relevant to the record.
( e ) An operator, entity, or trustee complying with § 111.215(b) must report records described in paragraphs (a) through (d) of this section upon request, unless the disciplinary action resulted in permanent or temporary removal of the pilot from aircraft operations. If the disciplinary action resulted in permanent or temporary removal of the pilot from aircraft operations, the operator, entity, or trustee must report the record in accordance with § 111.215(a).
( f ) ( 1 ) A reporting entity must provide records of final disciplinary actions no later than 30 days after the action is final, unless the reporting entity is an operator, entity or trustee complying with § 111.215(b).
( 2 ) An operator, entity or trustee complying with § 111.215(b) must report records described in this section, or state that it does not have any applicable records, within 14 days of receiving a request from a reviewing entity.
( g ) Each reporting entity must: ( 1 ) Retain documents relevant to the record reported under paragraph (a) of this section for five years, if available; and
( 2 ) Provide such documents upon request within 14 days to: ( i ) A reviewing entity; or
( ii ) The pilot that is the subject of the record.
### UNPUBLISHED



# UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT



#  U NITED S TATES OF A MERICA ,

Plaintiff-Appellee,

v. No. 01-4477



# 

E RNESTO C ORTES ,

Defendant-Appellant. 

# 

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. Richard L. Williams, Senior District Judge.

(CR-00-394)
Submitted: January 23, 2002
Decided: February 11, 2002
Before NIEMEYER, LUTTIG, and MOTZ, Circuit Judges.

Affirmed by unpublished per curiam opinion.

COUNSEL
Robert L. Flax, FLAX & STOUT, Richmond, Virginia, for Appellant. Paul J. McNulty, United States Attorney, Gregg R. Nivala, Assistant United States Attorney, Richmond, Virginia, for Appellee.

Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).OPINION

PER CURIAM: Ernesto Cortes appeals the district court’s judgment imposing on him numerous eighteen-month sentences to be served concurrentlyfollowing his jury convictions for five counts of bank fraud, in violation of 18 U.S.C.A. § 1344 (West 2000), four counts of mail fraud on a financial institution, in violation of 18 U.S.C.A. § 1341 (West 2000), thirteen counts of forgery of an endorsement on treasury checks, in violation of 18 U.S.C.A. § 510 (West 2000), and four counts of theft of government property, in violation of 18 U.S.C.A. § 641 (West 2000). Cortes argues that the district court impermissiblycommented on the evidence and the verdict was not based upon sufficient evidence. He also challenges his sentencing, claiming that the trial court erred in enhancing his sentence for obstruction of justice and for engaging in more than minimal planning in the perpetrationof his crimes, and failing to reduce his sentence for family responsibilities. Because our review of the record discloses no reversible error, we affirm Cortes’ conviction and sentence.Cortes argues that the court’s comments during trial were prejudicial. The record, however, discloses that the court properly interrupted once to make a helpful suggestion to the defense and a second time to make a ruling on the admissibility of evidence, neither of which was an abuse of discretion. United States v. Parodi , 703 F.2d 768 (4th Cir. 1983) (providing standard). Cortes also attacks the sufficiency of the evidence to support thejury’s verdict. We have reviewed the record, and viewing the evidence in the light most favorable to the Government, we find sufficient evidence to support Cortes’ convictions. See Glasser v. United States , 315 U.S. 60, 80 (1942). Regarding Cortes’ claim that he was improperly sentenced, we have considered his sentence under the guidelines and find no error.We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED 2 U NITED S TATES v. C ORTES
<PAGE>

                                                                   Exhibit 10.39


                             [VISTACARE LETTERHEAD]

                                 April 16, 2003

Mr. Richard R. Slager
30210 East 148th Street
Scottsdale, AZ  85262


         RE:      Acceleration of Vesting on 11/11/02 Stock Option Grant

Dear Rick:

         Reference is made to the nonstatutory stock option (the "Option")
granted to you on November 11, 2002 pursuant to a Nonstatutory Stock Option
Agreement and related Nonstatutory Stock Option Grant Notice (collectively, the
"Option Documentation"). The Option, which was granted under the VistaCare, Inc.
1998 Stock Option Plan, is exercisable, subject to the vesting provisions
contained in the Option Documentation, for a total of 320,000 shares of
VistaCare, Inc. common stock (after giving effect to the 1-for-2.5 reverse split
that occurred in connection with the initial public offering of VistaCare common
stock (the "Reverse Split")).

         Pursuant to the provisions of the Option Documentation, 100,000 (after
giving effect to the Reverse Split) of the shares subject to the Option vested
in January 2003.

         The purpose of this letter is to confirm to you that the vesting
arrangements set forth in the Option Documentation were modified by the Board of
Directors of VistaCare so that the balance of the shares subject to the Option
were fully vested as of February 24, 2003.


                                Sincerely yours,


                                /s/ Barry M. Smith
                                ------------------------
                                Barry M. Smith, Chairman
#### CHARLES H. WILTSIE v. UNITED STATES

*[Ante,*p. 293;

291 U.S. 664]

Petition for writ of certiorari *denied*by Supreme Court February 5, 1934.
§ 105.15 Information required and notice of cancellation or postponement of a parachute operation. ( a ) Each person requesting an authorization under §§ 105.21(b) and 105.25(a)(2) of this part and each person submitting a notification under § 105.25(a)(3) of this part must provide the following information (on an individual or group basis): ( 1 ) The date and time the parachute operation will begin.
( 2 ) The radius of the drop zone around the target expressed in nautical miles.
( 3 ) The location of the center of the drop zone in relation to— ( i ) The nearest VOR facility in terms of the VOR radial on which it is located and its distance in nautical miles from the VOR facility when that facility is 30 nautical miles or less from the drop zone target; or
( ii ) the nearest airport, town, or city depicted on the appropriate Coast and Geodetic Survey World Aeronautical Chart or Sectional Aeronautical Chart, when the nearest VOR facility is more than 30 nautical miles from the drop zone target.
( 4 ) Each altitude above mean sea level at which the aircraft will be operated when parachutists or objects exist the aircraft.
( 5 ) The duration of the intended parachute operation.
( 6 ) The name, address, and telephone number of the person who requests the authorization or gives notice of the parachute operation.
( 7 ) The registration number of the aircraft to be used.
( 8 ) The name of the air traffic control facility with jurisdiction of the airspace at the first intended exit altitude to be used for the parachute operation.
( b ) Each holder of a certificate of authorization issued under §§ 105.21(b) and 105.25(b) of this part must present that certificate for inspection upon the request of the Administrator or any Federal, State, or local official.
( c ) Each person requesting an authorization under §§ 105.21(b) and 105.25(a)(2) of this part and each person submitting a notice under § 105.25(a)(3) of this part must promptly notify the air traffic control facility having jurisdiction over the affected airspace if the proposed or scheduled parachute operation is canceled or postponed.
§ 1206.306 Granting a request. ( a ) Ordinarily, NASA shall have twenty (20) working days from when a request is received to determine whether to grant or deny the request unless there are unusual or exceptional circumstances. The FOIA office will not begin processing a request until all issues regarding scope and fees have been resolved. NASA will notify the requester of the availability of the FOIA Public Liaison to offer assistance in resolving these issues.
( b ) If fees are not expected to exceed the minimum threshold of $50.00, and the scope of the request is in accordance with § 1206.301, the FOIA office will begin processing the request.
( c ) If the FOIA office contacts the requester regarding fees or clarification and the requester has provided a response, the FOIA office will notify the requester in writing of the decision to either grant or deny the request.
[79 FR 46678, Aug. 11, 2014, as amended at NASA-2019-0005, 84 FR 54775, Oct. 11, 2019]
<TABLE> <S> <C>

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<MULTIPLIER>                           1,000
       
<S>                                    <C>
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<FISCAL-YEAR-END>                      DEC-31-1998
<PERIOD-START>                         JAN-01-1998
<PERIOD-END>                           SEP-30-1998
<DEBT-HELD-FOR-SALE>                     1,194,566
<DEBT-CARRYING-VALUE>                            0
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<CASH>                                      39,074
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<TOTAL-ASSETS>                           2,295,663
<POLICY-LOSSES>                            852,380
<UNEARNED-PREMIUMS>                        529,028
<POLICY-OTHER>                                   0
<POLICY-HOLDER-FUNDS>                            0
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<PREMIUMS>                                 367,789
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<INCOME-CONTINUING>                         49,401
<DISCONTINUED>                                   0
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<CHANGES>                                        0
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<EPS-PRIMARY>                                 1.32
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<PROVISION-PRIOR>                                0
<PAYMENTS-CURRENT>                          35,963
<PAYMENTS-PRIOR>                           174,678
<RESERVE-CLOSE>                            486,295
<CUMULATIVE-DEFICIENCY>                    (10,860)
        


</TABLE>
Section 302 Certifications                          Exhibit 31 (ii)

I, J. Robert Buchanan, certify that:

1. I have reviewed this report on Form 10-Q of National Bankshares, 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 report.

    3. Based on my knowledge, the financial statements, and other financial
information included in this 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 report.

4. The registrant's other certifying officers 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 report is being prepared; and

        (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
period covered by this report based on such evaluations; and
         (c) Disclosed in this report any change in the registrant's internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an
annual report) 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 officers and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant's board of
directors (or persons performing the equivalent functions):

         (a) All significant deficiencies and material weaknesses in the design
or operation of internal control over financial reporting which are reasonably
likely to adversely affect the registrant's ability to record, process,
summarize and report financial information; and

(b) Any fraud, whether or not material, that involves management or other
employees who have a significant role in the registrant's internal control over
financial reporting.


Date: August 9, 2004

/s/ J. ROBERT BUCHANAN
----------------------------
J. Robert Buchanan
Treasurer
(Principal Financial Officer)
#### § 792.49 Definitions.

*Legal proceedings* means any matter before any federal, state or foreign administrative or judicial authority, including courts, agencies, commissions, boards or other tribunals, involving such proceedings as lawsuits, licensing matters, hearings, trials, discovery, investigations, mediation or arbitration. When the NCUA is a party to a legal proceeding, it will be subject to the applicable rules of civil procedure governing production of documents and witnesses, however, this subpart will still apply to the testimony of former NCUA employees.

*NCUA employee* means current and former officials, members of the Board, officers, directors, employees and agents of the National Credit Union Administration, including contract employees and consultants and their employees. This definition does not include persons who are no longer employed by the NCUA and are retained or hired as expert witnesses or agree to testify about general matters, matters available to the public, or matters with which they had no specific involvement or responsibility during their employment.

*Nonpublic records* means any NCUA records that are exempt from disclosure under § 792.11, the NCUA regulations implementing the provisions of the Freedom of Information Act. For example, this means records created in connection with NCUA's examination and supervision of insured credit unions, including examination reports, internal memoranda, and correspondence, and, also, records created in connection with NCUA's enforcement and investigatory responsibilities.

*Subpoena* means any order, subpoena for records or other tangible things or for testimony, summons, notice or legal process issued in a legal proceeding.

*Testimony* means any written or oral statements made by an individual in connection with a legal proceeding including personal appearances in court or at depositions, interviews in person or by telephone, responses to written interrogatories or other written statements such as reports, declarations, affidavits, or certifications or any response involving more than the delivery of records.

[62 FR 56054, Oct. 29, 1997, as amended at 65 FR 63789, Oct. 25, 2000]
<TABLE> <S> <C>


<ARTICLE>                     5
<MULTIPLIER>                                   1000
       
<S>                             <C>
<PERIOD-TYPE>                   3-MOS        
<FISCAL-YEAR-END>                              DEC-31-1999
<PERIOD-END>                                   MAR-27-1999   
<CASH>                                          2,819
<SECURITIES>                                   0   
<RECEIVABLES>                                  34,258
<ALLOWANCES>                                    2,175
<INVENTORY>                                    46,171 
<CURRENT-ASSETS>                               86,542
<PP&E>                                         92,217
<DEPRECIATION>                                 38,964
<TOTAL-ASSETS>                                156,218 
<CURRENT-LIABILITIES>                          42,135
<BONDS>                                        0
<PREFERRED-MANDATORY>                          0
<PREFERRED>                                    0
<COMMON>                                          142
<OTHER-SE>                                     66,692
<TOTAL-LIABILITY-AND-EQUITY>                  156,218 
<SALES>                                        66,661
<TOTAL-REVENUES>                               63,661
<CGS>                                          47,615
<TOTAL-COSTS>                                  55,856
<OTHER-EXPENSES>                                  177
<LOSS-PROVISION>                                  105
<INTEREST-EXPENSE>                                873
<INCOME-PRETAX>                                 6,755 
<INCOME-TAX>                                    2,567
<INCOME-CONTINUING>                             4,188
<DISCONTINUED>                                 0
<EXTRAORDINARY>                                0
<CHANGES>                                      0
<NET-INCOME>                                    4,188
<EPS-PRIMARY>                                     .59
<EPS-DILUTED>                                     .54
        


</TABLE>
Case:17-03283-LTS Doc#:24480-7 Filed:06/09/23 Entered:06/09/23 14:16:19 Desc:

Exhibit Exhibit 15 January 20 2022 Email Page 1 of 1