alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

ADI COHEN
,

Appellant,

v.

US BANK TRUST , N.A., as Trustee for LSF11 Master Participation Trust,
et al.

, Appellee s

.

No. 4D 20

- 392

[ June 2, 2021 ]

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County ; Dennis D. Bailey , Judge; L.T. Case No. CACE18

- 010559

.

Kenneth Eric Trent, Fort Lauderdale, and Richard G. Chosid of Law Offices of Richard G. Chosid, Fort Lauderdale, for appellant.

Shaib Y

. Rios of Brock & Scott, PLLC, Fort Lauderdale, for appellee US
Bank Trust , N.A.

, as Trustee for LSF11 Master Participation Trust

.

P ER C URIAM

.

In this residential mortgage foreclosure case, the borrower appeals from the circuit court’s final summary judgment in the bank ’s favor, and from the circuit court’s order denying the borrower’s motion for rehearing. The borrower argues the circuit court erred in entering the final summary judgment because material issues of fact exist ed regarding whether the
bank proved a prior servicer had mailed a default notice to the borrower as a condition precedent to suit

.

We agree with the borrower’s argument and reverse. Our decision in
Ghani v. Deutsche Bank National Trust Co. , 287 So. 3d 637 (Fla. 4th DCA 2020), is directly on point. L ike the bank in Ghani

, here the bank’s only
evidence that the prior servicer had mailed the default notice was an affidavit ex ecuted by its successor servicer ’s employee, whose affidavit did

not at least facially demonstrate that the employee had sufficient personal knowledge of the prior servicer’s practices of mailing default notices to
establish that the prior servicer had mai led the default notice . Thus,2 factual questions remain regarding the bank ’s compliance with the condition precedent of having mailed a default notice

.

Accordingly, we reverse the circuit court’s final summary judgment, and remand for further proceedings.

Reverse d and remanded for further proceedings

.

G ROSS
, G ERBER and K LINGENSMITH
, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.
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Home                 > Browse by Title > Differences in the Earnings of Women and Men

              																	United States. Women's Bureau					 and 	Pidgeon, Mary Elizabeth. 						*Differences in the Earnings of Women and Men : Women's Bureau Bulletin, No. 152*,												Washington: 								Govt. Print. Off., 										1938,									https://fraser.stlouisfed.org/title/5428,			accessed on September 25, 2024.						    

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§ 2570.41 Final denial letters. The Department will issue a final denial letter denying a requested exemption, either by mail or electronically, if: ( a ) Before issuing a tentative denial letter under § 2570.38 or conducting a hearing on the exemption under either § 2570.46 or § 2570.47, the Department determines at its sole discretion that: ( 1 ) The applicant has failed to submit information requested by the Department in a timely manner;
( 2 ) The information provided by the applicant does not meet the requirements of §§ 2570.34 and 2570.35; or
( 3 ) A conference was held between the Department and the applicant before the Department issued a tentative denial letter during which the Department and the applicant addressed the reasons for denial that otherwise would have been set forth in a tentative denial letter pursuant to § 2570.38;
( b ) The conditions for issuing a final denial letter specified in § 2570.38(b) or § 2570.39(d) are satisfied;
( c ) After issuing a tentative denial letter under § 2570.38 and considering the entire record in the case, including all written information submitted pursuant to §§ 2570.39 and 2570.40, the Department decides not to propose an exemption or to withdraw an exemption it already proposed;
( d ) After proposing an exemption and conducting a hearing on the exemption under either § 2570.46 or § 2570.47 and after considering the entire record in the case, including the record of the hearing and any public comments, the Department decides to withdraw the proposed exemption; or
( e ) The applicant either: ( 1 ) Requests for the Department to withdraw the exemption application; or
( 2 ) Communicates to the Department that it is not interested in continuing the application process.
§ 525.17 Revocation of certificates. ( a ) A special minimum wage certificate may be revoked for cause at any time. A certificate may be revoked: ( 1 ) As of the date of issuance, if it is found that misrepresentations or false statements have been made in obtaining the certificate or in permitting a worker with a disability to be employed thereunder;
( 2 ) As of the date of violation, if it is found that any of the provisions of FLSA or of the terms of the certificate have been violated; or
( 3 ) As of the date of notice of revocation, if it is found that the certificate is no longer necessary in order to prevent curtailment of opportunities for employment, or that the requirements of these regulations other than those referred to in paragraph (a)(2) of this section have not been complied with.
( b ) Except in cases of willfulness or those in which the public interest requires otherwise, before any certificate shall be revoked, facts or conduct which may warrant such action shall be called to the attention of the employer in writing and such employer shall be afforded an opportunity to demonstrate or achieve compliance with all legal requirements.
§ 406.5 Persons excepted from filing reports. Nothing contained in this part shall be construed to require: ( a ) Any person to file a report under this part unless he was a direct or indirect party to an agreement or arrangement of the kind described in § 406.2;
( b ) Any person to file a report covering the services of such person by reason of his ( 1 ) giving or agreeing to give advice to an employer; or
( 2 ) representing or agreeing to represent an employer before any court, administrative agency, or tribunal of arbitration; or
( 3 ) engaging or agreeing to engage in collective bargaining on behalf of an employer with respect to wages, hours, or other terms or conditions of employment or the negotiation of an agreement or any question arising thereunder;
( c ) Any regular officer, or employee of an employer to file a report in connection with services rendered as such regular officer, supervisor or employee to such employer;
( d ) An attorney who is a member in good standing of the bar of any State, to include in any report required to be filed pursuant to the provisions of this part any information which was lawfully communicated to such attorney by any of his clients in the course of a legitimate attorney-client relationship.
<PAGE>
                                                                   Exhibit 10.31

                     FIRST AMENDMENT TO EMPLOYMENT AGREEMENT
                     ---------------------------------------


     THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (the "Amendment") entered into
at Beachwood, Ohio, this 1st day of August, 2001 by and between EMPYREAN
BIOSCIENCE, INC. (the "Company") and RICHARD C. ADAMANY ("Employee") amends the
EMPLOYMENT AGREEMENT (the "Agreement") dated September 7, 1999 between the
parties.

     The following Section 4.3 shall be added to the Agreement as follows:

     4.3 Notwithstanding the foregoing, for any termination without cause in
Employee's employment resulting from a change in control, Employee shall be paid
a separation fee equal to three times his annual compensation in addition to
receiving the severance and benefits and payments provided in paragraph 4.2. The
separation fee shall be payable in a lump sum immediately upon Employee's
termination without cause. Annual compensation shall be defined as Employee's
base salary plus the maximum amount of incentive compensation that Employee was
eligible to earn during the current fiscal year.

     IN WITNESS WHEREOF, the parties hereto have executed this Amendment in
multiple counterparts at the place and as of the date and year first above
written.

                                EMPYREAN BIOSCIENCE, INC.  (Company)



                                By: ___________________________________
                                       Lawrence D. Bain, Chairman


                                _______________________________________
                                Richard C. Adamany       (Employee)
§ 531.6 Effects of collective bargaining agreements. ( a ) The cost of board, lodging, or other facilities shall not be included as part of the wage paid to any employee to the extent it is excluded therefrom under the terms of a bona fide collective bargaining agreement applicable to the particular employee.
( b ) A collective bargaining agreement shall be deemed to be “bona fide” when it is made with a labor organization which has been certified pursuant to the provision of section 7(b)(1) or 7(b)(2) of the Act by the National Labor Relations Board, or which is the certified representative of the employees under the provisions of the National Labor Relations Act, as amended, or the Railway Labor Act, as amended.
( c ) Collective bargaining agreements made with representatives who have not been so certified will be ruled on individually upon submission to the Administrator.
§ 2570.39 Opportunities to submit additional information. ( a ) An applicant may notify the Department of its intent to submit additional information supporting an exemption application by telephone, by letter sent to the address furnished in the applicant's tentative denial letter, or electronically to the email address provided in the applicant's tentative denial letter. At the same time, the applicant should indicate generally the type of information that will be submitted.
( b ) The additional information an applicant intends to provide in support of the application must be in writing and received by the Department within 40 days from the date the Department issues the tentative denial letter unless the Department extends the time period at its sole discretion. All such information must be accompanied by a certification that all information provided to the Department is true and correct, and the certification must be dated and signed by a person qualified under § 2570.34(b)(6) to sign such a declaration. The information may be submitted either electronically or by mail to the address specified in the letter.
( c ) If, for reasons beyond its control, an applicant is unable to submit all the additional information they intend to provide in support of their application within the period described in paragraph (b) of this section, they may request an extension of time to furnish the information. Such requests must be made before the expiration of the time period described in paragraph (b), and the request will be granted, in the Department's sole discretion, only in unusual circumstances and for a limited period as determined by the Department. The request may be made by telephone, mail, or electronically.
( d ) The Department will issue, without further notice, either by mail or electronically, a final denial letter denying the requested exemption pursuant to § 2570.41 if— ( 1 ) The Department has not received the additional information that the applicant stated their intention to submit within the period described in paragraph (b) of this section, or within any additional period granted pursuant to paragraph (c) of this section; and
( 2 ) The applicant did not request a conference pursuant to § 2570.38(b).
#### § 503.21 Concurrent actions within the Department of Labor.

OFLC has primary responsibility to make all determinations regarding the issuance, denial, or revocation of a labor certification as described in § 503.1(b) and in 20 CFR part 655, subpart A. The WHD has primary responsibility to make all determinations regarding the enforcement functions as described in § 503.1(c). The taking of any one of the actions referred to above will not be a bar to the concurrent taking of any other action authorized by 8 U.S.C. 1184(c), 20 CFR part 655, subpart A, or the regulations in this part. OFLC and the WHD have concurrent jurisdiction to impose a debarment remedy under 20 CFR 655.73 or under § 503.24.
EXHIBIT 32.1

                           CERTIFICATION PURSUANT TO
                            18 U.S.C. SECTION 1350,
                      AS ADOPTED PURSUANT TO SECTION 906
                       OF THE SARBANES-OXLEY ACT OF 2002

     In connection with the Annual Report of Longview Fibre Company (the
"Company") on Form 10-K for the period ended October 31, 2003 as filed with
the Securities and Exchange Commission on the date hereof (the "Form 10-K"),
I, R. H. Wollenberg, President and Chief Executive Officer of the Company,
certify, pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 of the
Sarbanes-Oxley Act of 2002, that:

(1)      The Form 10-K fully complies with the requirements of Section
         13(a)or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m
         or 78o(d)); and

(2)      The information contained in the Form 10-K fairly presents, in all
         material respects, the financial condition and results of operations
         of the Company.

Dated:  January 21, 2004


R. H. WOLLENBERG
R. H. WOLLENBERG
President and Chief Executive Officer
§ 1952.1 South Carolina. ( a ) The South Carolina State plan received initial approval on December 6, 1972.
( b ) The South Carolina State plan received final approval on December 18, 1987.
( c ) Under the terms of the 1978 Court Order in *AFL-CIO* v. *Marshall,* compliance officer staffing levels (benchmarks) necessary for a “fully effective” enforcement program were required to be established for each State operating an approved State plan. In September 1984, South Carolina, in conjunction with OSHA, completed a reassessment of the staffing levels initially established in 1980 and proposed revised compliance staffing benchmarks of 17 safety and 12 health compliance officers. After opportunity for public comment and service on the AFL-CIO, the Assistant Secretary approved these revised staffing requirements on January 17, 1986.
( d ) The plan covers all private-sector employers and employees, with several notable exceptions, as well as State and local government employers and employees, within the State. For current information on these exceptions and for additional details about the plan, please visit *http://www.osha.gov/dcsp/osp/stateprogs/south_carolina.html .*
§ 4233.14 Partition order. ( a ) *General provisions.* The partition order will describe the liabilities to be transferred to the successor plan under section 4233(c) of ERISA, and the manner in which financial assistance will be provided by PBGC under section 4261 of ERISA. The partition order will also set forth PBGC's findings and conclusions on an application for partition, the effective date of partition, the obligations and responsibilities of the plan sponsor to the original plan and successor plan, and such other information as PBGC may deem appropriate.
( b ) *Terms and conditions.* The partition order will set forth the terms and conditions of the partition and will incorporate by reference the applicable requirements under sections 4233(d) and 4233(e) of ERISA. ( 1 ) The plan sponsors of the original plan and the successor plan must amend the original plan and successor plan, respectively, to reflect the benefits payable to participants and beneficiaries as a result of the partition order.
( 2 ) The plan sponsors of the original plan and successor plan must maintain a written record of the respective plans' compliance with the terms of the partition order, section 4233 of ERISA, and this part.
EXHIBIT 32.2




CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED




PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002




In connection with the Quarterly Report of Visualant, Inc. (the "Company") on Form 10-Q for the quarter ended June 30, 2012 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Mark Scott, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, to the best of my knowledge, that:




(1) The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and




(2) The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company for the dates and periods covered by the Report.




This certificate is being made for the exclusive purpose of compliance by the Chief Executive and Financial and Accounting Officer of the Company with the requirements of Section 906 of the Sarbanes-Oxley Act of 2002, and may not be disclosed, distributed or used by any person or for any reason other than as specifically required by law.




/s/ Mark Scott


Mark Scott




Chief Financial Officer




August 10, 2012
**THE CW NETWORK, LLC- 4KIDS ENTERTAINMENT, INC.**

**SATURDAY MORNING PROGRAMMING BLOCK**

**TERM SHEET**

 

This term sheet (“Term Sheet”) will confirm the material terms of the agreement entered into as of September 26, 2007, between 4Kids Entertainment, Inc., 1414 Avenue of the Americas, New York, NY 10019 (“Company”) and The CW Network, LLC, 3300 West Olive Ave., Burbank, CA 91505 (“The CW”) with respect to the children’s programming block (the “Block”) broadcast on the CW network. 

 

Other terms and conditions may be contained in a long form agreement consistent with the terms of this Term Sheet and containing those customary provisions contained in a more formal agreement of this type.  Unless and until such time, this Term Sheet, when countersigned by Company and The CW below, will be binding on both parties.

 

| 1. | Grant of Rights |
|----|-----------------|

 

a.         Grant of Rights.  Subject to the terms and conditions hereof, The CW hereby grants to Company the exclusive right to provide and supply The CW with all television series and specials, promotional announcements, interstitial programs, additional programming elements, commercial advertisements, and any other audiovisual elements (collectively, “Content”) that are broadcast in the Block during the Term (as defined below).  Subject to the terms and conditions hereof, the Content will be made available and all necessary ancillary rights will be granted to The CW for broadcasting, that is, transmission by its affiliates over broadcast television facilities, retransmission by multi-channel video programming distributors, and dissemination as a part of The CW Plus stations and cablechannels.  Company may not "sub-lease" the Block in whole or in part to any third parties without The CW’s prior written approval.

 

b.         Exhibition Rights.  Company grants to The CW all rights necessary to telecast, transmit and exhibit in the United States, its territories and possessions, including English-speaking Puerto Rico (collectively “Territory”), all Content which Company provides for inclusion in the Block (including without limitation, national advertisements and promotional content).

 

| 2. | Term |
|----|------|

 

a.         Initial Term.  The initial term will be five (5) years beginning on the first Saturday of The CW’s 2008/2009 Broadcast Year (as defined below) and ending with the last Saturday of The CW’s 2012/2013 Broadcast Year.  "Broadcast Year" means the period which starts in September with the commencement, as designated by The CW, of The CW's television season (not including previews, “sneak peeks,” early premieres, etc.) and continues for fifty-two (52) weeks until the commencement, as designated by The CW, of the following television season in the following September.

 

 

 

----
STATE OF LOUISIANA

COURT OF APPEAL, FIRST CIRCUIT

SRG BATON ROUGE II, L. L. C. NO. 2021 CW 1545

VERSUS

PATTEN/ JENKINS BR POPEYE' S, FEBRUARY 14, 2022

L. L. C. 

In Re: Patten/ Jenkins BR Popeye' s, L. L. C., applying for

supervisory writs, 19th Judicial District Court, 

Parish of East Baton Rouge, No. 579391. 

BEFORE: McCLENDON, WELCH, AND THERIOT, JJ. 

WRIT DENIED. 

PMC

JEW

MRT

COURT OF APPEAL, FIRST CIRCUIT

NDEPU7Y C E K OF COURT

FOR THE COURT