alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
.. 

07/07/2015 10:47 

In the Matter Of: 

8472947498 FAA GLRC 

U.S. DEPARTMENT OF TRANSPORTATJON 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

DOCKET NO. FAA,20l4-0119 

SPIRIT A V!ONICS, LTD., 

) 

) 

) 

) 

CASE NO. 2012-GL-07-0056 

Respondent. 

RESPONSE TO RESPONDENT'S MOTION TO STRIKE 

The Agency responds to the Respondent's Motion to Strike as follows: 

The Complainant apologizes to the Respondent and to the Administrative Law Judge for its 

PAGE 02/03 

delay in fiUng its Response to the Respondent's Motion for Dec.ision. Candidly, the reason the 

Complainant's counsel did not ask leave to file the response or consult with Respondent's 

counsel was that counsel was not aware she had missed the deadline until the Motion to Strike 

was received via United States Postal Service on July 6, 2015. By way of explanation and not to 

make excuses, Counsel was in the middle of a hearing when Motion was served and 

subsequently suffered a medical issue that kept her out of the office. 

I respectfully ask that the Agency not be punished for counsel's failure to appreciate the 

deadlines involved in the response to the Respondent's Motion and argue that the Respondent 

was not prejudiced, and. ask leave to file the Response to Respondent's Motion for Decision. 

Respectfully submitted., 

Jeffrey A. Klang 

Regional Counsel 

By: ~~lL~ 

1 

Kate Barber 

Federal Aviation Administration 

Office ofRegional Counsel, AGL-7B 

2300 East Devon Avenue 

Des Plaines, Illinoi~ 60018 

Facsimile: 84 7 .294. 7 498 
07/07/2015 10:47 8472947498 FAA GLRC PAGE 03/03 

CERTIFICATE OF SERVICE 

I hereby certify that I have, this date, served the foregoing Complainant's Response to the 

Respondent's Motion for Decision, to the following addresses as follows: 

One Copy (via facsimile): 

Hearing Docket 

Federal Aviation Administration 

800 Independence Ave, S.W. 

Washington, D.C. 20591 

Attn: Hearing Docket Clerk 

AGC-430-, Wilber Wright Building 

Suite 2W!OOO 

Fax: 202-267-1293 

One Copy (via facsimile): 

The Honorable J.E. Sullivan 

U.S. Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Ave., S.E. (Ell-310) 

Washington, D.C. 20590 

Fax: 202-366-7536 

One Copy (and Regular Mail, facsimile): 

Jerry A. Eichenberger 

EICHENBERGER & ASSOCIATES 

6037 Frantz Road, Suite 107 

Dublin, Ohio 43017 

614-798-1600/614-798-1620 (fax) 

Attorney for Respondent 

Dated: July 7, 2015 

2 
07/07/2015 10:47 8472947498 

To: Hearing Docket 

company: 

Phone: 

Fax: (202) 267-1293 

From: Kate Barber 

Title: FAA Attorney 

Date July 7, 2015 

Pages w/cover: 

Message: 

FAA GLRC PAGE 01/03 

Federal Aviation 

Administration 

Office of the Regional Counsel 

Great Lakes Region 

2300 East Devon 

Des Plaines, IL 60018 

Telephone. 847-294-7862 

Fax No. 847-294-8293 

E-mail: kate.barber@faa.gov 

Facsimile
#### Gloria Willis, Respondent, v City of New York et al., Respondents, and Interfaith Medical Center, Appellant.

[697 NYS2d 311]

—In an action to recover damages for personal injuries, the defendant Interfaith Medical Center appeals from so much of an order of the Supreme Court, Kings County (Steinhardt, J.), dated August 21, 1998, as granted the plaintiffs motion for leave to reargue its prior cross motion for summary judgment dismissing the complaint and on its cross claim for contractual indemnification from the defendant Healthline Home Care Agency, and, upon reargument, denied the cross motion.

Ordered that the order is affirmed insofar as appealed from, with costs.

Interfaith Medical Center (hereinafter Interfaith) contracted with Healthline Home Care Agency (hereinafter Healthline) to obtain home health aide workers. The plaintiff contends that one such worker acted negligently, thereby causing her injuries. Interfaith argues that Healthline was an independent contractor and therefore it is not liable for the negligent acts of Healthline’s employees, and that, pursuant to a provision of the contract, Healthline must indemnify it for any damages caused by the aide’s negligence.

The determination of whether Healthline was an employee *209or an independent contractor is determined by the extent of control Interfaith exercised over the work done *(see, Berger v Dykstra,*203 AD2d 754). We agree with the Supreme Court that an issue of fact exists as to the extent of Interfaith’s control over the aide provided by Healthline. There is no provision in the contract stating that Healthline was an independent contractor, and the contract provides, *inter alia,*that Interfaith would determine the “scope and duration of the aide’s activities on each assignment and professionally supervise the performance of these personnel” and would “provide orientation” and “on the job instruction” regarding patients.

Further, the contract provided that Healthline would indemnify Interfaith for any damages arising from the acts of Healthline’s employees, but not from Interfaith’s own negligence. Under the facts of this case, the negligence attributable to each party is an issue for the jury to determine. Thompson, J. P., Sullivan, Altman and Feuerstein, JJ., concur.
[No. 20579-7-III.

Division Three.

November 19, 2002.]

#### The State of Washington, *Respondent,*v. Tamara Marie Wilson, *Appellant.*

Appeal from a judgment of the Superior Court for Stevens County, No. 01-1-00026-2, Rebecca M. Baker, J., entered October 5, 2001. *Affirmed*by unpublished opinion per Sweeney, J., concurred in by Kato, A.C.J., and Kurtz, J.
(76 South. 999)

#### GARLAND v. INGRAM.

(7 Div. 492.)

(Court of Appeals of Alabama.

June 14, 1917.)

Appeal from Circuit Court, DeKalb County; W. W. Haralson, Judge.

Milo Moody, of Scottsboro, and Hunt & Wolfes, of Ft. Payne, for appellant. J. A. Johnson, of Ft. Payne, for appellee.

PER CURIAM.

Appeal dismissed by appellant.
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COURT OF APPEALS

SECOND DISTRICT OF TEXAS

FORT WORTH

NO. 02-16-00011-CR

David Stuart Seelye

v.

The State of Texas

§

§

§

§

§

From Criminal District Court No. 2

of Tarrant County (1298254R)

February 25, 2016

Per Curiam

(nfp)

JUDGMENT

This court has considered the record on appeal in this case and holds that 

the appeal should be dismissed. It is ordered that the appeal is dismissed.

SECOND DISTRICT COURT OF APPEALS 

PER CURIAM
§ 4219.31 Overdue and defaulted withdrawal liability; overpayment. ( a ) *Overdue withdrawal liability payment.* Except as otherwise provided in rules adopted by the plan in accordance with § 4219.33, a withdrawal liability payment is overdue if it is not paid on the date set forth in the schedule of payments established by the plan sponsor.
( b ) *Default.* ( 1 ) Except as provided in paragraph (c)(1), “default” means— ( i ) The failure of an employer to pay any overdue withdrawal liability payment within 60 days after the employer receives written notification from the plan sponsor that the payment is overdue; and
( ii ) Any other event described in rules adopted by the plan which indicates a substantial likelihood that an employer will be unable to pay its withdrawal liability.
( 2 ) In the event of a default, a plan sponsor may require immediate payment of all or a portion of the outstanding amount of an employer's withdrawal liability, plus interest. In the event that the plan sponsor accelerates only a portion of the outstanding amount of an employer's withdrawal liability, the plan sponsor shall establish a new schedule of payments for the remaining amount of the employer's withdrawal liability.
( c ) *Plan review or arbitration of liability determination.* The following rules shall apply with respect to the obligation to make withdrawal liability payments during the period for plan review and arbitration and with respect to the failure to make such payments: ( 1 ) A default as a result of failure to make any payments shall not occur until the 61st day after the last of— ( i ) Expiration of the period described in section 4219(b)(2)(A) of ERISA;
( ii ) If the employer requests review under section 4219(b)(2)(A) of ERISA of the plan's withdrawal liability determination or the schedule of payments established by the plan, expiration of the period described in section 4221(a)(1) of ERISA for initiation of arbitration; or
( iii ) If arbitration is timely initiated either by the plan, the employer or both, issuance of the arbitrator's decision.
( 2 ) Any amounts due before the expiration of the period described in paragraph (c)(1) shall be paid in accordance with the schedule established by the plan sponsor. If a payment is not made when due under the schedule, the payment is overdue and interest shall accrue in accordance with the rules and at the same rate set forth in § 4219.32.
( d ) *Overpayments.* If the plan sponsor or an arbitrator determines that payments made in accordance with the schedule of payments established by the plan sponsor have resulted in an overpayment of withdrawal liability, the plan sponsor shall refund the overpayment, with interest, in a lump sum. The plan sponsor shall credit interest on the overpayment from the date of the overpayment to the date on which the overpayment is refunded to the employer at the same rate as the rate for overdue withdrawal liability payments, as established under § 4219.32 or by the plan pursuant to § 4219.33.
Editorial Note on Part 1904
Editorial Note: At 82 FR 20548, May 3, 2017, as required by the Congressional Review Act and Public Law 115-21, the Occupational Safety and Health Administration removed all amendments to part 1904 published at 81 FR 91792, Dec. 19, 2016.

§ 1904.30 Multiple business establishments. ( a ) *Basic requirement.* You must keep a separate OSHA 300 Log for each establishment that is expected to be in operation for one year or longer.
( b ) *Implementation* — ( 1 ) *Do I need to keep OSHA injury and illness records for short-term establishments (i.e., establishments that will exist for less than a year)?* Yes, however, you do not have to keep a separate OSHA 300 Log for each such establishment. You may keep one OSHA 300 Log that covers all of your short-term establishments. You may also include the short-term establishments' recordable injuries and illnesses on an OSHA 300 Log that covers short-term establishments for individual company divisions or geographic regions.
( 2 ) *May I keep the records for all of my establishments at my headquarters location or at some other central location?* Yes, you may keep the records for an establishment at your headquarters or other central location if you can: ( i ) Transmit information about the injuries and illnesses from the establishment to the central location within seven (7) calendar days of receiving information that a recordable injury or illness has occurred; and
( ii ) Produce and send the records from the central location to the establishment within the time frames required by §§ 1904.35 and 1904.40 when you are required to provide records to a government representative, employees, former employees or employee representatives.
( 3 ) *Some of my employees work at several different locations or do not work at any of my establishments at all. How do I record cases for these employees?* You must link each of your employees with one of your establishments, for recordkeeping purposes. You must record the injury and illness on the OSHA 300 Log of the injured or ill employee's establishment, or on an OSHA 300 Log that covers that employee's short-term establishment.
( 4 ) *How do I record an injury or illness when an employee of one of my establishments is injured or becomes ill while visiting or working at another of my establishments, or while working away from any of my establishments?* If the injury or illness occurs at one of your establishments, you must record the injury or illness on the OSHA 300 Log of the establishment at which the injury or illness occurred. If the employee is injured or becomes ill and is not at one of your establishments, you must record the case on the OSHA 300 Log at the establishment at which the employee normally works.
Prepárese para la Inscripción Abierta - anote las fechas importantes en 

su calendario y siga los consejos a continuación.

4 fechas importantes

n 1 de noviembre de 2018: Comienza 

el Período de Inscripción Abierta 

para 2019.

n 15 de diciembre de 2018: Termina el 

Período de Inscripción Abierta. 

n 31 de diciembre de 2018: Termina la 

cobertura del Mercado para los planes 

de 2018.

n 1 de enero de 2019: Comienza la 

cobertura médica del Mercado para 

los planes de 2019.

Visite CuidadoDeSalud.gov

n Inscríbase para recibir correos 

electrónicos o textos para saber las 

últimas noticias y recordatorios de 

fechas importantes.

n Si actualmente tiene cobertura del 

Mercado, revise la información de su 

solicitud en CuidadoDeSalud.gov para 

asegurarse que esté al día y reportar 

cualquier cambio de vida.

n Si actualmente no tiene cobertura 

del Mercado, abra una cuenta y vea 

para qué tipos de cobertura y ahorros 

puede calificar.

n Solicite e inscríbase en cobertura 

médica.

Fechas Importantes sobre el

Mercado de Seguros Médicos

Pagado por el Departamento de Salud y Servicios Humanos

CMS Producto No.11660-S

Revisado en julio 2018
<TABLE> <S> <C>

<ARTICLE>                               5
<MULTIPLIER>                        1,000
<FISCAL-YEAR-END>             DEC-31-1995
<PERIOD-START>                JAN-1-1995
<PERIOD-END>                  DEC-31-1995
<PERIOD-TYPE>                 12-MOS
<CASH>                                161
<SECURITIES>                            0
<RECEIVABLES>                      39,511
<ALLOWANCES>                        2,224
<INVENTORY>                       107,282
<CURRENT-ASSETS>                  146,953
<PP&E>                            243,573
<DEPRECIATION>                    117,382
<TOTAL-ASSETS>                    349,778
<CURRENT-LIABILITIES>              59,194
<BONDS>                           118,791
<PREFERRED-MANDATORY>                   0
<PREFERRED>                             0
<COMMON>                           54,081
<OTHER-SE>                        (37,563)
<TOTAL-LIABILITY-AND-EQUITY>      349,778
<SALES>                           320,350
<TOTAL-REVENUES>                  320,350
<CGS>                             304,347
<TOTAL-COSTS>                     312,498
<OTHER-EXPENSES>                   14,209
<LOSS-PROVISION>                       64
<INTEREST-EXPENSE>                 10,125
<INCOME-PRETAX>                   (16,482)
<INCOME-TAX>                       (6,324)
<INCOME-CONTINUING>               (10,158)
<DISCONTINUED>                          0
<EXTRAORDINARY>                         0
<CHANGES>                               0
<NET-INCOME>                      (10,137)
<EPS-PRIMARY>                       (2.50)
<EPS-DILUTED>                       (2.50)


</TABLE>
§ 2590.701-1 Basis and scope. ( a ) *Statutory basis.* This Subpart B implements Part 7 of Subtitle B of Title I of the Employee Retirement Income Security Act of 1974, as amended (hereinafter ERISA or the Act).
( b ) *Scope.* A group health plan or health insurance issuer offering group health insurance coverage may provide greater rights to participants and beneficiaries than those set forth in this Subpart B. This Subpart B sets forth minimum requirements for group health plans and group health insurance issuers offering group health insurance coverage concerning certain consumer protections of the Health Insurance Portability and Accountability Act (HIPAA), including special enrollment periods and the prohibition against discrimination based on a health factor, as amended by the Patient Protection and Affordable Care Act (Affordable Care Act). Other consumer protection provisions, including other protections provided by the Affordable Care Act and the Mental Health Parity and Addiction Equity Act, are set forth in Subpart C of this part.
[69 FR 78763, Dec. 30, 2004, as amended at 74 FR 51683, Oct. 7, 2009; 79 FR 10308, Feb. 24, 2014]
§ 1979.109 Decision and orders of the administrative law judge. ( a ) The decision of the administrative law judge will contain appropriate findings, conclusions, and an order pertaining to the remedies provided in paragraph (b) of this section, as appropriate. A determination that a violation has occurred may only be made if the complainant has demonstrated that protected behavior or conduct was a contributing factor in the unfavorable personnel action alleged in the complaint. Relief may not be ordered if the named person demonstrates by clear and convincing evidence that it would have taken the same unfavorable personnel action in the absence of any protected behavior. Neither the Assistant Secretary's determination to dismiss a complaint without completing an investigation pursuant to § 1979.104(b) nor the Assistant Secretary's determination to proceed with an investigation is subject to review by the administrative law judge, and a complaint may not be remanded for the completion of an investigation or for additional findings on the basis that a determination to dismiss was made in error. Rather, if there otherwise is jurisdiction, the administrative law judge shall hear the case on the merits.
( b ) If the administrative law judge concludes that the party charged has violated the law, the order shall direct the party charged to take appropriate affirmative action to abate the violation, including, where appropriate, reinstatement of the complainant to that person's former position, together with the compensation (including back pay), terms, conditions, and privileges of that employment, and compensatory damages. At the request of the complainant, the administrative law judge shall assess against the named person all costs and expenses (including attorney's and expert witness fees) reasonably incurred. If, upon the request of the named person, the administrative law judge determines that a complaint was frivolous or was brought in bad faith, the judge may award to the named person a reasonable attorney's fee, not exceeding $1,000.
( c ) The decision will be served upon all parties to the proceeding. Any administrative law judge's decision requiring reinstatement or lifting an order of reinstatement by the Assistant Secretary shall be effective immediately upon receipt of the decision by the named person, and may not be stayed. All other portions of the judge's order shall be effective ten business days after the date of the decision unless a timely petition for review has been filed with the Administrative Review Board.
Presidential Documents

33247

Federal Register

Vol. 65, No. 100

Tuesday, May 23, 2000

Title 3—

The President

Proclamation 7309 of May 18, 2000

National Safe Boating Week, 2000

By the President of the United States of America

A Proclamation

Living in a country bordered by oceans and blessed with abundant lakes

and rivers, Americans have made recreational boating one of our Nation’s

most popular pastimes. Each year, more than 74 million Americans take

to the water with family and friends to relax and enjoy the beauty of

the natural world.

But each year, for too many Americans, boating ends in tragedy. Most

boating-related injuries and deaths are the result of human error and poor

judgment, caused, for example, by excessive speed, failure to follow safe

navigation rules, and drinking or taking drugs while operating watercraft.

These injuries could easily be prevented by using common sense and making

safety the first priority.

Boating accidents can occur at any time—whether the water is smooth

or turbulent and whether the boater is experienced or a novice. One of

the best ways to make a recreational boating experience safe and enjoyable

is to ensure that everyone on board always wears a life jacket. To reinforce

this lifesaving message, the National Safe Boating Campaign has once again

selected the theme ‘‘Boat Smart from the Start! Wear Your Life Jacket!’’

for this year’s observance. Recreational boating organizations, including the

National Safe Boating Council and the National Association of State Boating

Law Administrators, as well as the U.S. Coast Guard, other Federal agencies,

and State and local governments, are continuing to promote safety through

education by emphasizing the importance of wearing life jackets and practicing boating and water safety.

In recognition of the importance of safe boating practices, the Congress,

by joint resolution approved June 4, 1958 (36 U.S.C. 131), as amended,

has authorized and requested the President to proclaim annually the 7-

day period ending on the last Friday before Memorial Day as ‘‘National

Safe Boating Week.’’

NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States

of America, do hereby proclaim May 20 through May 26, 2000, as National

Safe Boating Week. I encourage the governors of the 50 States and the

Commonwealth of Puerto Rico, and officials of other areas subject to the

jurisdiction of the United States, to join in observing this occasion and

to urge all Americans to use safe boating practices throughout the year.

33248 Federal Register / Vol. 65, No. 100 / Tuesday, May 23, 2000 / Presidential Documents

IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day

of May, in the year of our Lord two thousand, and of the Independence

[FR Doc. 00–13063

Filed 5–22–00; 8:45 am]

Billing code 3195–01–P

of the United States of America the two hundred and twenty-fourth.

œ–