alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 18.65 Depositions by written questions. ( a ) *When a deposition may be taken* — ( 1 ) *Without leave.* A party may, by written questions, depose any person, including a party, without leave of the judge except as provided in paragraph (a)(2) of this section. The deponent's attendance may be compelled by subpoena under § 18.56.
( 2 ) *With leave.* A party must obtain leave of the judge, and the judge must grant leave to the extent consistent with § 18.51(b): ( i ) If the parties have not stipulated to the deposition and: ( A ) The deposition would result in more than 10 depositions being taken under this section or § 18.64 by a party;
( B ) The deponent has already been deposed in the case; or
( C ) The party seeks to take a deposition before the time specified in § 18.50(a); or
( ii ) If the deponent is confined in prison.
( 3 ) *Service; required notice.* A party who wants to depose a person by written questions must serve them on every other party, with a notice stating, if known, the deponent's name and address. If the name is unknown, the notice must provide a general description sufficient to identify the person or the particular class or group to which the person belongs. The notice must also state the name or descriptive title and the address of the officer before whom the deposition will be taken.
( 4 ) *Questions directed to an organization.* A public or private corporation, a partnership, an association, or a governmental agency may be deposed by written questions in accordance with § 18.64(b)(6).
( 5 ) *Questions from other parties.* Any questions to the deponent from other parties must be served on all parties as follows: cross-questions, within 14 days after being served with the notice and direct questions; redirect questions, within 7 days after being served with cross-questions; and recross-questions, within 7 days after being served with redirect questions. The judge may, for good cause, extend or shorten these times.
( b ) *Delivery to the deposition officer; officer's duties.* Unless a different procedure is ordered by the judge, the party who noticed the deposition must deliver to the officer a copy of all the questions served and of the notice. The officer must promptly proceed in the manner provided in § 18.64(c), (e), and (f) to: ( 1 ) Take the deponent's testimony in response to the questions;
( 2 ) Prepare and certify the deposition; and
( 3 ) Send it to the party, attaching a copy of the questions and of the notice.
( c ) *Notice of completion or filing* — ( 1 ) *Completion.* The party who noticed the deposition must notify all other parties when it is completed.
( 2 ) *Filing.* A party who files the deposition must promptly notify all other parties of the filing.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

RANDALL LYNN HARPER,

 Plaintiff - Appellant,

 v.

CITY OF MONTEREY; et al.,

 Defendants - Appellees.

No. 12-15353

D.C. No. 5:11-cv-02903-LHK

MEMORANDUM*

Appeal from the United States District Court

for the Northern District of California

Lucy Koh, District Judge, Presiding

Submitted May 14, 2013** 

Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.

Randall Lynn Harper appeals pro se from the district court’s judgment

dismissing his 42 U.S.C. § 1983 action alleging various federal and state law

claims related to his car being towed. We have jurisdiction under 28 U.S.C. 

§ 1291. We review de novo, Manzarek v. St. Paul Fire & Marine Ins. Co., 519

FILED

MAY 21 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 12-15353

F.3d 1025, 1030 (9th Cir. 2008), and we affirm.

Contrary to Harper’s contentions, the clerk properly declined Harper’s

requests for entry of default because defendants filed timely motions to dismiss

Harper’s action for failure to state a claim. See Fed. R. Civ. P. 55(a) (providing

that a default can be entered against a party only where that party “has failed to

plead or otherwise defend”). 

Harper’s contentions regarding personal jurisdiction and venue are

unpersuasive.

Harper’s pending motions for judicial notice and entry of default are denied.

AFFIRMED.
§ 89.230 Expiration and termination. ( a ) *Expiration.* Unless renewed, an FAA-recognized identification area issued under this subpart will expire automatically and will have no further force or effect as of the day that immediately follows the date of expiration.
( b ) *Termination prior to expiration* — ( 1 ) *Termination by request.* An individual identified as the point of contact for an approved FAA-recognized identification area may submit a request to the Administrator to terminate that FAA-recognized identification area.
( 2 ) *Termination by FAA.* ( i ) The FAA may terminate an FAA-recognized identification area upon a finding that— ( A ) The FAA-recognized identification area may pose a risk to aviation safety, public safety, homeland security, or national security;
( B ) The FAA-recognized identification area is no longer associated with a person eligible for an FAA-recognized identification area; or
( C ) The person who submitted a request for establishment of an FAA-recognized identification area provided false or misleading information during the submission, amendment, or renewal process.
( ii ) The Administrator will notify the primary point of contact of the decision to terminate the FAA-recognized identification area and the reasons for the termination. Except as provided in paragraph (c) of this section, if the FAA terminates an FAA-recognized identification area based upon a finding that the FAA-recognized identification area may pose a risk to aviation safety, public safety, homeland security, or national security, that area will no longer be eligible to be an FAA-recognized identification area for as long as those conditions remain in effect.
( c ) *Petition to reconsider the FAA's decision to terminate an FAA-recognized identification area.* No later than 30 calendar days after the termination of an FAA-recognized identification area, a person may petition the Administrator for reconsideration of the decision. The petition must state the reasons justifying the request for reconsideration and include any supporting documentation. Upon consideration of the information submitted by the petitioner, the Administrator will notify the petitioner of the decision on the request for reconsideration.
( d ) *Inapplicability of part 13, subpart D, of this chapter.* Part 13, subpart D, of this chapter does not apply to the procedures of paragraphs (b) and (c) of this section.
#### § 2200.39 Statement of position.

At any time prior to the commencement of the hearing before the Judge, any person entitled to appear as a party, or any person who has been granted leave to intervene, may file a statement of position with respect to any or all issues to be heard. The Judge may order the filing of a statement of position.
###### Editorial Note on [Part 1926](/current/title-29/part-1926?toc=1)

#### Editorial Notes:

1. At [44 FR 8577](https://www.federalregister.gov/citation/44-FR-8577), Feb. 9, 1979, and corrected at [44 FR 20940](https://www.federalregister.gov/citation/44-FR-20940), Apr. 6, 1979, OSHA reprinted without change the entire text of [29 CFR part 1926](/on/2024-09-19/title-29/part-1926) together with certain General Industry Occupational Safety and Health Standards contained in [29 CFR part 1910](/on/2024-09-19/title-29/part-1910), which have been identified as also applicable to construction work. This republication developed a single set of OSHA regulations for both labor and management forces within the construction industry.

2. Nomenclature changes to part 1926 appear at [84 FR 21597](https://www.federalregister.gov/citation/84-FR-21597), May 14, 2019.

#### § 1926.1128 Benzene.

Note:

The requirements applicable to construction work under this section are identical to those set forth at [§ 1910.1028 of this chapter](/on/2024-09-19/title-29/section-1910.1028).

[[61 FR 31434](https://www.federalregister.gov/citation/61-FR-31434), June 20, 1996]
Editorial Note on Part 20
Editorial Note: Nomenclature changes to part 20 appear at 57 FR 31451, July 16, 1992.

§ 20.214 Refunds. ( a ) If a hearing official, at a hearing held pursuant to § 20.206, determines that a debt is not legally due and owing to the Department, the Department shall promptly refund any amount collected by means of administrative wage garnishment.
( b ) Unless required by Federal law or contract, refunds under this section shall not bear interest.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

AMANDA JAMES,

Appellant, 

v.

THE STATE OF TEXAS,

Appellee.

§

§

§

§

§

§

No. 08-20-00006-CR

Appeal from the

244th District Court

of Ector County, Texas1

(TC# C-17-1111-CR)

MEMORANDUM OPINION

Appellant Amanda James has filed a motion to withdraw her appeal, stating that she no 

longer wishes to proceed with her appeal. We construe this as a motion to voluntarily dismiss her

own appeal. The Court grants Appellant’s motion and dismisses this appeal. See TEX.R.APP.P.

42.2 (governing voluntary dismissals in criminal cases).

April 9, 2020

YVONNE T. RODRIGUEZ, Justice

Before Alley, C.J., Rodriguez, and Palafox, JJ.

(Do Not Publish)

1 We hear this on transfer from the Eleventh Court of Appeals in Eastland. See TEX.R.APP.P. 41.3.
Amendment to Employment Agreement  - Nat Mani



 Exhibit 10.7.3 
 

 
 Fabrinet (USA) 
 4104 – 24th Street, Suite 345

 San Francisco, CA 94114 
 Office: 925-934-2048 
 Fax: 815-333-3648 
 June 16, 2008 
 Nat Mani 
 [Home Address]

 Ref: Amendment to the employment agreement dated January 8, 2001 
 Dear Nat, 
 Effective today, the provision of your employment with Fabrinet USA, Inc. (“FUSA”) regarding
severance is modified as follows: 
 Employment with FUSA is on an at-will basis. Thus you are free to terminate your employment for any reason at any
time with our without prior notice. Similarly, FUSA can terminate the employment relationship with or without cause or notice. However, in the event your employment is terminated: 1) as a result of a change in control; or, 2) without good
cause, you will receive a severance equal to 12 months of your then present base salary, plus family medical coverage for the same period plus any earned bonus. 
 All other terms and conditions of your employment will remain the same as documented in your employment agreement dated January 8, 2001 and subsequent changes in salary, stock options, responsibilities and other allowances. 

Sincerely, 
  

	
	 /s/ Tom Mitchell

	
	Tom Mitchell
	Chairman & CEO
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

DENNIS ANDREW KATONA,

Petitioner :

:

:

:

:

:

:

:

:

:

: No. 281 WAL 2018

Petition for Allowance of Appeal from the Order of the Superior Court

ORDER

PER CURIAM

AND NOW , this 3 rd day of January, 2019, the Petition for Allowance of Appeal is

GRANTED . The issues, as stated by Petitioner are:

(1) Whether this Court should grant allowance of appeal to determine if the [e]n [b]anc Superior Court decision conflicts with and renders meaningless this Court’s definition of the Independent Source Doctrine as set forth in

Commonwealth v. Melendez , 676 A.2d 226 (Pa. 1996).

(2) Whether, assuming this Court agrees that in Issue [1], the [e]n [b]anc Superior Court clearly misapplied the Independent Source Doctrine and thus failed to address the primary issue in this case, allowance of appeal should be granted to de termine:

- as a matter of first impression

- if

Commonwealth v. Brion , 652 A.2d 287 (Pa. 1994) and 18 Pa.C.S.A. § 5704(2)(iv), require prior judicial approval (i.e. a separate search warrant or order) for each separate entry of either a law enforcement age nt or CI who is seeking to record private conversations within a defendant’s residence.
#### § 2.1 Employees attached to regional offices.

No person who has been an employee of the Department and attached to a Regional office of any bureau, board, division, or other agency thereof, shall be permitted to practice, appear, or act as attorney, agent, or representative before the Department or any branch or agent thereof in connection with any case or administrative proceeding which was pending before such Regional office during the time of his employment with the Department, unless he shall first obtain the written consent thereto of the Secretary of Labor or his duly authorized representative.
<PAGE>   1



Exhibit (23) - CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the incorporation by reference in the Registration Statements
(Form S-8 No. 333-32875, Form S-8 No. 33-62443 and Form S-8 No. 33-12585)
pertaining to the 1988 Incentive Equity Performance Plan, the 1978 Nonqualified
Incentive Stock Option Plan, and the Deferred Compensation Plan for Nonemployee
Directors, respectively, of our report dated January 29, 1998, with respect to
the consolidated financial statements and schedule of The Lamson & Sessions Co.,
included in the Annual Report (Form 10-K) for the year ended January 3, 1998.





                                                               ERNST & YOUNG LLP








Cleveland, Ohio
February 25, 1998





                                      -45-
Specimen of Common Stock Certificate



 Exhibit 4.3 
 

 







 

 
 THIS CERTIFICATE AND THE SHARES REPRESENTED HEREBY ARE ISSUED AND SHALL BE HELD
SUBJECT TO ALL THE PROVISIONS OF THE CERTIFICATE OF INCORPORATION AND THE BYLAWS OF THE CORPORATION AND ANY AMENDMENTS THERETO, TO ALL OF WHICH THE HOLDER OF THIS CERTIFICATE, BY ACCEPTANCE HEREOF, ASSENTS. A STATEMENT OF THE RIGHTS, PREFERENCES,
PRIVILEGES AND RESTRICTIONS GRANTED TO OR IMPOSED UPON THE SHARES OF THE CORPORATION AND UPON THE HOLDERS THEREOF MAY BE OBTAINED BY ANY STOCKHOLDER UPON REQUEST AND WITHOUT CHARGE AT THE PRINCIPAL OFFICE OF THE CORPORATION. THE BYLAWS OF THE
CORPORATION CONTAIN RESTRICTIONS ON THE TRANSFER OF SHARES OF THE CORPORATION. 
 For Value Received, hereby
sell, assign and transfer unto Shares represented by the within Certificate, and do hereby irrevocably constitute and appoint Attorney to transfer the said Shares on the books of the within named Corporation with full power of substitution in the
premises. 
 Dated A.D. 20 
 In presence of 
 NOTICE. THE SIGNATURE OF THIS
ASSIGNMENT MUST CORRESPOND WITH THE NAME AS WRITTEN UPON THE FACE OF THE CERTIFICATE, IN EVERY PARTICULAR, WITHOUT ALTERATION OR ENLARGEMENT, OR ANY CHANGE WHATEVER.
# Fourth Court of Appeals

San Antonio, Texas

January 17, 2019

No. 04

- 17

- 00815

- CR

Issac WILLIAMS,

Appellant

v.

The STATE of Texas,

Appellee

From the 187th Judicial District Court, Bexar County, Texas

Trial Court No. 2014CR8370B

Honorable Joey Contreras, Judge Presiding



### O R D E R

This appeal is set for formal submission and oral argument before this Court on February

12, 2019, at 9:00 a.m. before a panel consisting of Chief Justice Sandee Bryan Marion, Justice

Patricia O. Alvarez, and Justice Liza A. Rodriguez. We request that the parties focus their oral

argument on Issues 9, 13, and 17

- 23.

Argument is limited to twenty (20) minutes to each side and ten (10) minutes rebuttal for

the appellant. If you do not wish to present argument, you must not ify this Court in writing

within seven (7) days of receiving this order.

The Court provides a guest WiFi network for the parties arguing before the Court. The

password to access the network is available at the Clerk’s Office on the day of argument.



### PER CURIAM

ATTESTED TO: _________________________

Keith E. Hottle

Clerk of Court
•

•

SPA 20

RCRA REVISION CHECKLIST 170

Land Disposal Restrictions Phase IV -- Zinc Micronutrient Fertilizers, Amendment

63 FR 46332-46334

August 31, 1998

(RCRA Cluster IX, HSWA)

Note: This August 31, 1998 (63 FR 46332) notice stays the land disposal treatment standards for metalbearing hazardous wastes which exhibit the characteristic of toxicity as it applies to zinc micronutrient

fertilizers. Zinc micronutrient fertilizers are now subject to the applicable treatment standards in 268.41

contained in the July 1, 1990 edition of the CFR. The stay remains in effect until further regulatory

action is taken by the Agency. If and when further action is taken, EPA will publish a notice in the

Federal Register (a notice of Proposed Rulemaking is expected in 1999). A checklist is necessary

because the code is affected. Because this amendment raises the level to which certain constituents must

be treated and is, therefore, less stringent than previous standards, States are not required to adopt this

checklist. As such, this checklist has been designated as optional.

STATEANALOG IS:

ANALOGOUS STATE

FEDERALREQUIREMENTS FEDERALRCRA CITATION CITATION EQUIV- LESS MORE BROADER WAC 173-303- STRlN- STRlN- ALENT GENT GENT IN SCOPE

PART 268 - LAND DISPOSAL RESTRICTIONS

SUBPART D - TREATMENT STANDARDS

APPLICABILITY OF TREATMENT STANDARDS

•

L] add new

subparagraph; zinccontaining fertilizers

produced for general

public use and 140(2)(a) produced from or 40 CFR part 268 is containing recycled

characteristic 268.40(i) (first entry) incorporated by X

hazardous wastes reference into the

(D004-D011) are

State's regulation.

subject to 268.41

treatment standards in

the July 1, 1990

edition of the CFR

Note that paragraph 268.40(i) was added by 63 FR 46332-46334( August 31,1998, Revision Checklist 170)

and a second paragraph 268.40(i) was added 63 FR 47410-47418 (September 4, 1998, Revision Checklist

171).

August 31, 1998 - Page 1 of 1 CL170- Revised:918/99

Printed:12119/01
§ 1953.1 Purpose and scope. ( a ) This part implements the provisions of section 18 of the Occupational Safety and Health Act of 1970 (“OSH Act” or the “Act”) which provides for State plans for the development and enforcement of State occupational safety and health standards. These plans must meet the criteria in section 18(c) of the Act, and part 1902 of this chapter (for plans covering both private sector and State and local government employers) or part 1956 of this chapter (for plans covering only State and local government employers), either at the time of submission or—where the plan is developmental—within the three year period immediately following commencement of the plan's operation. Approval of a State plan is based on a finding that the State has, or will have, a program, pursuant to appropriate State law, for the adoption and enforcement of State standards that is “at least as effective” as the Federal program.
( b ) When submitting plans, the States provide assurances that they will continue to meet the requirements in section 18(c) of the Act and part 1902 or part 1956 of this chapter for a program that is “at least as effective” as the Federal. Such assurances are a fundamental basis for approval of plans. (*See* §§ 1902.3 and 1956.2 of this chapter.) From time to time after initial plan approval, States will need to make changes to their plans. This part establishes procedures for submission and review of State plan supplements documenting those changes that are necessary to fulfill the State's assurances, the requirements of the Act, and part 1902 or part 1956 of this chapter.
( c ) Changes to a plan may be initiated in several ways. In the case of a developmental plan, changes are required to document establishment of those necessary structural program components that were not in place at the time of plan approval. These commitments are included in a developmental schedule approved as part of the initial plan. These “developmental changes” must be completed within the three year period immediately following the commencement of operations under the plan. Another circumstance requiring subsequent changes to a State plan would be the need to keep pace with changes to the Federal program, or “Federal Program Changes.” A third situation would be when changes are required as a result of the continuing evaluation of the State program. Such changes are called “evaluation changes.” Finally, changes to a State program's safety and health requirements or procedures initiated by the State without a Federal parallel could have an impact on the effectiveness of the State program. Such changes are called “State-initiated changes.” While requirements for submission of a plan supplement to OSHA differ depending on the type of change, all supplements are processed in accordance with the procedures in § 1953.6.
§ 1955.13 Disqualification. ( a ) If an administrative law judge deems himself disqualified to preside over a particular proceeding, he shall withdraw by notice on the record directed to the Chief Administrative Law Judge. Any party who deems an administrative law judge, for any reason, to be disqualified to preside, or to continue to preside, over a particular proceeding may file a motion to disqualify and remove the administrative law judge, provided the motion is filed prior to the time the administrative law judge files his decision. Such motion must be supported by affidavits setting forth the alleged ground for disqualification. The Chief Administrative Law Judge shall rule upon the motion.
( b ) Contumacious conduct at any proceeding before the administrative law judge shall be ground for summary exclusion from the proceeding. If a witness or party refuses to answer a question after being so directed, or refuses to obey an order to provide or permit discovery, the administrative law judge may make such orders with regard to the refusal as are just and proper, including the striking of all testimony previously given by such witness on related matters.