alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### § 2.45 Decisions subject to change or modification and availability of lists and charts.

The determinations referred to in § 2.40 are subject to change or modification. The determinations are made for Coast Guard use at the request of Coast Guard officials. Determinations made or subsequently changed are available to the public under § 1.10-5(b) of this chapter. Inquiries concerning whether a determination has been made for specific waters, for the purposes of Coast Guard jurisdiction, should be directed to the District Commander of the district in which the waters are located.
Rockingham

No. 7556

#### Edward Bauer v. Donald Whitehouse

December 30, 1976

*James P. Nadeau*and *Gary Howard Reiner (Mr. Reiner*orally) for the plaintiff.

*Griffin, Harrington, Brigham Ritzo (Mr. James E. Ritzo*orally) for the defendant.

*849Memorandum Opinion

After an eight-day trial of this alienation of affection suit, the jury was deadlocked five to one for the defendant and a mistrial was declared. Defendant’s motion for a bond as security for costs in the amount of ten percent of the ad damnum of one hundred thousand dollars was granted, and plaintiff’s exception was transferred by *Cann,*J.

RSA 525:3 authorizes the superior court for good cause shown to order security for costs. We cannot say that the justice who observed the parties and heard the evidence during the eight-day trial could not have found good cause to require security from the plaintiff before proceeding with a second trial.

In our opinion, the security authorized is only for taxable costs authorized under the statute or otherwise recoverable. *See Utica Mutual Ins. Co. v. Plante,*106 N.H. 525, 214 A.2d 742 (1965); *Guay v. Association,*87 N.H. 216, 177 A. 409 (1935). Although the trial court has wide discretion *(La Plante v. Iafolla Constr. Co.,*111 N.H. 120, 276 A.2d 11 (1971); *Hatch v. Rideout,*96 N.H. 122, 70 A.2d 485 (1950)) the bond required must bear some reasonable relationship to the probable amount of the costs which may ultimately be recoverable. The bond required in this case appears to exceed recoverable costs. The order as to the amount of the bond is therefore vacated and the matter is remanded for a re-determination of the amount of the bond.

*Exception sustained in part and overruled in part; remanded.*
|   | (1) | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and |
|--------|-----|-----------------------------------------------------------------------------------------------------------------------|

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

|                          | RELM Wireless Corporation |                                  |
|-------------------------------|---------------------------|---------------------------------------|
|                          |                      |                                  |   |
| Date:  June 5, 2012 |                      | /s/ David P. Storey                   |   |
|                          |                      | David P. Storey                       |   |
|                          |                      | President and Chief Executive Officer |   |
United States District Court

for the

Southern District of Florida

Rogelio Fernandez, Plaintiff,

v.

Acting Commissioner of Social 

Security, Kilolo Kijakazi, 

Defendant.

)

)

)

)

)

)

)

Civil Action No. 22-22724 -Civ-Scola

Order Adopting Report and Recommendations on

Plaintiff’s Unopposed Motion for Attorneys’ Fees and Costs

This matter was referred to United States Magistrate Judge Jonathan 

Goodman for a report and recommendations on Plaintiff Rogelio Fernandez’s

motion for attorney’s fees and costs under the Equal Access to Justice Act. 

Judge Goodman has issued a report, recommending that the Court grant the 

motion and award fees and costs in the requested amount of $7,027.59. (Rep. 

& Rec., ECF No. 21.) No objections have been filed and the time to do so has 

passed. Having considered Judge Goodman’s report, the record, and the 

relevant legal authorities, the Court affirms and adopts Judge Goodman’s 

report and recommendations (ECF No. 21), thus granting Fernandez’s motion 

(ECF No. 20). As Fernandez sets forth in his motion, he is the prevailing party, 

the Government’s position was not substantially justified, and the fee and cost 

requests are reasonable. The Court thus awards fees and costs in the amount 

of $7,027.59, to Plaintiff Rogelio Fernandez, made payable directly to Plaintiff’s 

counsel, David B. Goetz, unless Fernandez owes a federal debt.

Done and ordered at Miami, Florida on April 11, 2023.

_______________________________

Robert N. Scola, Jr.

United States District Judge

Case 1:22-cv-22724-RNS Document 22 Entered on FLSD Docket 04/11/2023 Page 1 of 1
§ 164.02 Applicability exception for foreign vessels. ( a ) Except for § 164.46(c), none of the requirements of this part apply to foreign vessels that: ( 1 ) Are not destined for, or departing from, a port or place subject to the jurisdiction of the United States; and
( 2 ) Are in: ( i ) Innocent passage through the territorial sea of the United States; or
( ii ) Transit through navigable waters of the United States which form a part of an international strait.
[CGD 77-063, 44 FR 66530, Nov. 19, 1979, as amended by CGD 79-148, 45 FR 54039, Aug. 14, 1980; USCG-2003-14757, 68 FR 39367, July 1, 2003; 68 FR 60569, Oct. 22, 2003; USCG-2005-21869, 80 FR 5334, Jan. 30, 2015]
§ 183.607 Incorporation by reference. ( a ) The following standards are incorporated by reference. Copies may be obtained from the sources indicated. They are also available for inspection at Coast Guard Headquarters. Contact Commandant (CG-BSX-23), Attn: Recreational Boating Product Assurance Branch, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501. It is also available at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html .* ( 1 ) AMCA Standard 210-74, Figure 12. Air Moving and Conditioning Association, 30 West University Drive, Arlington Heights, Illinois 60004.
( 2 ) ASTM Standard D 471. American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959.
( 3 ) UL Standard 1128, Underwriters Laboratories, Incorporated, 12 Laboratory Drive, Research Triangle Park, NC 27709-3995.
( b ) The Director of the Federal Register approved the incorporation by reference in paragraph (a)(2) on September 26, 1976 and the incorporations in paragraphs (a) (1) and (3) on March 24, 1978.
[CGD 76-082, 44 FR 73027, Dec. 17, 1979, as amended by CGD 82-010, 48 FR 8273, Feb. 28, 1983; USCG-2000-7223, 65 FR 40059, June 29, 2000; 69 FR 18803, Apr. 9, 2004; USCG-2010-0351, 75 FR 36288, June 25, 2010; USCG-2014-0410, 79 FR 38449, July 7, 2014]
#### § 25.115 Evidence supporting a claim.

The claimant shall present independent evidence to support a claim. This evidence may include, if available, statements of witnesses, accident or casualty reports, photographs and drawings.
#### § 167.202 In the approaches to Chesapeake Bay: Eastern approach.

(a) A separation line is established connecting the following geographical positions:

| Latitude | Longitude |
| --- | --- |
| 36°57.50′ N | 75°48.21′ W. |
| 36°56.40′ N | 75°52.40′ W. |
| 36°56.40′ N | 75°54.95′ W. |

(b) A traffic lane for westbound traffic is established between the separation line and a line connecting the following geographical positions:

| Latitude | Longitude |
| --- | --- |
| 36°57.94′ N | 75°48.41′ W. |
| 36°56.90′ N | 75°52.40′ W. |
| 36°56.90′ N | 75°55.14′ W. |

(c) A traffic lane for eastbound traffic is established between the separation line and a line connecting the following geographical positions:

| Latitude | Longitude |
| --- | --- |
| 36°57.04′ N | 75°48.01′ W. |
| 36°55.88′ N | 75°52.40′ W. |
| 36°55.88′ N | 75°54.95′ W. |

[USCG-2010-0718, 75 FR 77534, Dec. 13, 2010, as amended by USCG-2011-0257, 76 FR 31838, June 2, 2011]
§ 334.1090 San Francisco Bay in vicinity of the NSC Fuel Department, Point Molate restricted area. ( a ) *The area.* Bounded by the easterly shore of upper San Francisco Bay and the following lines: Beginning at a point on shore bearing 17° 800 yards, from “Tree” at Molate Point thence 270°, 870 yards; thence 189° 1,100 yards; and thence 123° to the shore.
( b ) *The regulations.* Persons and vessels not operating under supervision of the local military or naval authority or public vessels of the United States, shall not enter this area except by specific permission of the Commanding Officer, Naval Supply Center.
[26 FR 11201, Nov. 28, 1961, as amended at 42 FR 17120, Mar. 31, 1977. Redesignated at 50 FR 42696, Oct. 22, 1985; 51 FR 25198, July 11, 1986, as amended at 62 FR 17558, Apr. 10, 1997]
§ 133.23 Investigation to determine the source and responsible party. ( a ) The State official shall promptly make a thorough investigation to determine the source of the incident and the responsible party.
( b ) Upon completion of the investigation, the State official shall forward the results of the investigation and copies of the supporting evidence identifying the source and the responsible party to both the cognizant OSC and the NPFC official specified in § 133.25(c).
§ 334.810 Holston River at Holston Ordnance Works, Kingsport, Tenn.; restricted area. ( a ) *The area.* That portion of Holston River within the boundaries of the Government reservation.
( b ) *The regulations.* ( 1 ) Except in cases of extreme emergency, all vessels other than those owned or controlled by the U.S. Government and any activity involving persons in the water, are prohibited from entering the area without prior permission of the enforcing agency.
( 2 ) The regulations in this section shall be enforced by the Commanding Officer of the Holston Ordnance Works, Kingsport, Tennessee, and such agencies as he may designate.
[20 FR 7075, Sept. 30, 1955. Redesignated at 50 FR 42696, Oct. 22, 1985, as amended at 62 FR 17556, Apr. 10, 1997]
Page 1 of 2

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 22-cv-22922-KMM

WINDY LUCIUS,

Plaintiff,

v.

BBRG GLADES ROAD TR, LLC 

d/b/a Abe & Louie’s Steakhouse restaurant and

TAVISTOCK RESTAURANTS, LLC

Defendants.

______________________________________________/

NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE

COMES NOW Plaintiff, WINDY LUCIUS, by and through the undersigned counsel, 

pursuant to Rule 41(a), Fed. R. Civ. P., hereby gives notice that she voluntarily dismisses this 

action with prejudice against, Defendants, BBRG GLADES ROAD TR, LLC ., d/b/a Abe & 

Louie’s Steakhouse restaurant and TAVISTOCK RESTAURANTS, LLC, and respectfully 

requests this Court to terminate the action.

Respectfully submitted this December 2, 2022.

By: /s/ J. Courtney Cunningham 

J. Courtney Cunningham, Esq.

Florida Bar No.: 628166

J. COURTNEY CUNNINGHAM, PLLC

8950 SW 74th Court, Suite 2201

Miami, Florida 33156

T: 305-351-2014

cc@cunninghampllc.com 

legal@cunninghampllc.com

Counsel for Plaintiff

Case 1:22-cv-22922-KMM Document 11 Entered on FLSD Docket 12/02/2022 Page 1 of 2
Lucius v. BBRG Glades Rd. et al

Case No. 22-cv-22922-KMM

Page 2 of 2

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this December 2, 2022, an electronic copy of the foregoing 

document was filed with the Clerk of Court using the CM/ECF system which will send notice of 

electronic filing to all parties and Counsel of record. 

By: /s/ J. Courtney Cunningham 

J. Courtney Cunningham, Esq.

FBN: 628166

J. COURTNEY CUNNINGHAM, PLLC

8950 SW 74th Court, Suite 2201

Miami, Florida 33156

T: 305-351-2014

cc@cunninghampllc.com 

legal@cunninghampllc.com

Counsel for Plaintiff

Case 1:22-cv-22922-KMM Document 11 Entered on FLSD Docket 12/02/2022 Page 2 of 2
Cinda Foundation Inc

ADP Payroll

Non-ADP 

Payroll

Total 

Payroll

Average 

Monthly 

Payroll ADP Payroll

Non-ADP 

Payroll

Total 

Payroll

Average 

Monthly 

Payroll

Orlando Ferro $0 $400 $400 $33 $0 $0 $0 $0 2, 5

Dulce Maria Figueroa $0 $63,047 $63,047 $5,254 $0 $3,300 $3,300 $275 2, 5

Mariel Tollinchi $0 $0 $0 $0 $0 $0 $0 $0 2, 5

Nelson Tollinchi $0 $0 $0 $0 $0 $0 $0 $0 2, 5

Payroll Related $0 $0 $0 $0 $0 $0 $0 $0 5

Cash Withdrawal $0 $500 $500 $42 $0 $0 $0 $0 5

Total $0 $63,947 $63,947 $5,329 $0 $3,300 $3,300 $275

Year

PPP 

Application

Bank 

Records Difference

Percent 

Difference

PPP 

Application

State / 

ADP / 

Bank 

Records

2019 $57,168 $5,329 -$51,839 973% 5 1

2020 $57,168 $275 -$56,893 20688% 5 1

Note Source

1 ADP

2 Florida Department of Revenue

3 Paid Checks

4 No Records

5 Bank Records

Reported vs Potential Average Monthly Payroll

Reported vs Potential 

No of Employees

Potential Employee Note

Potential Payroll

2019 2020

Case 9:22-cr-80144-RS Document 204-50 Entered on FLSD Docket 02/15/2023 Page 1 of 1
2008 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

11-6-2008

USA v. Marc Sykes

Precedential or Non-Precedential: Non-Precedential

Docket No. 07-4018

Follow this and additional works at: http://digitalcommons.law.villanova.edu/thirdcircuit_2008

This decision is brought to you for free and open access by the Opinions of the United States Court of Appeals for the Third Circuit at Villanova

University School of Law Digital Repository. It has been accepted for inclusion in 2008 Decisions by an authorized administrator of Villanova

University School of Law Digital Repository. For more information, please contact Benjamin.Carlson@law.villanova.edu.

Recommended Citation

"USA v. Marc Sykes" (2008). 2008 Decisions. Paper 254.

http://digitalcommons.law.villanova.edu/thirdcircuit_2008/254
*The Honorable Eugene E. Siler, Jr., Senior Circuit Judge for the United States

Court of Appeals for the Sixth Circuit, sitting by designation.

NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

___________

No. 07-4018

___________

UNITED STATES OF AMERICA

v.

MARC SYKES

a/k/a M-DOC

Marc Sykes, 

Appellant

___________

On Appeal from the United States District Court

for the District of New Jersey

(D.C. No. 03-cr-00678-4)

District Judge: The Honorable Mary Cooper

___________

Submitted Under Third Circuit LAR 34.1(a)

October 31, 2008

BEFORE: McKEE, NYGAARD, and SILER, Circuit Judges. *

(Filed: November 6, 2008)
2

___________

OPINION OF THE COURT

___________

SILER, Circuit Judge.

Appellant, Marc Sykes, entered into a plea agreement with the Government,

whereby he agreed to plead guilty to one count of conspiracy to distribute over 50 grams

of cocaine and over 500 grams of cocaine powder. The District Court sentenced him to

166 months’ incarceration. We will affirm.

Because we write exclusively for the parties who are familiar with the facts and the

proceedings below, we will not revisit them here. Pursuant to Anders v. California, 386

U.S. 738 (1967), Sykes’s counsel has examined the record, concluded that there are no

non-frivolous issues for review, and has requested permission to withdraw.

We, too, have thoroughly examined the record and can find no non-frivolous

issues to be raised in this appeal. Hence, we will affirm the judgment of the District

Court and grant counsel’s motion to withdraw.
<TABLE> <S> <C>


<ARTICLE>                                            9

<LEGEND>
     THIS SCHEDULE  CONTAINS SUMMARY  FINANCIAL  INFORMATION  EXTRACTED FROM THE
     QUARTERLY REPORT ON FORM 10-Q AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE
     TO SUCH FINANCIAL INFORMATION.
</LEGEND>

<MULTIPLIER>                                   1000

<S>                                      <C>
<PERIOD-TYPE>                                 9-MOS
<FISCAL-YEAR-END>                             SEP-30-2000
<PERIOD-END>                                  JUN-30-2000
<CASH>                                          5,389
<INT-BEARING-DEPOSITS>                             84
<FED-FUNDS-SOLD>                                    0
<TRADING-ASSETS>                                    0
<INVESTMENTS-HELD-FOR-SALE>                    93,956
<INVESTMENTS-CARRYING>                          9,687
<INVESTMENTS-MARKET>                            9,348
<LOANS>                                       435,718
<ALLOWANCE>                                     3,226
<TOTAL-ASSETS>                                568,969
<DEPOSITS>                                    357,535
<SHORT-TERM>                                   66,025
<LIABILITIES-OTHER>                             5,046
<LONG-TERM>                                    81,000
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<COMMON>                                       19,802
<OTHER-SE>                                     39,561
<TOTAL-LIABILITIES-AND-EQUITY>                568,969
<INTEREST-LOAN>                                23,894
<INTEREST-INVEST>                               5,188
<INTEREST-OTHER>                                    0
<INTEREST-TOTAL>                               29,082
<INTEREST-DEPOSIT>                             11,352
<INTEREST-EXPENSE>                              5,388
<INTEREST-INCOME-NET>                          12,342
<LOAN-LOSSES>                                     450
<SECURITIES-GAINS>                                  0
<EXPENSE-OTHER>                                 8,994
<INCOME-PRETAX>                                 4,371
<INCOME-PRE-EXTRAORDINARY>                          0
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                    2,831
<EPS-BASIC>                                       .54
<EPS-DILUTED>                                     .54
<YIELD-ACTUAL>                                   3.20
<LOANS-NON>                                       629
<LOANS-PAST>                                        0
<LOANS-TROUBLED>                                    0
<LOANS-PROBLEM>                                     0
<ALLOWANCE-OPEN>                                2,941
<CHARGE-OFFS>                                     196
<RECOVERIES>                                       31
<ALLOWANCE-CLOSE>                               3,226
<ALLOWANCE-DOMESTIC>                            3,226
<ALLOWANCE-FOREIGN>                                 0
<ALLOWANCE-UNALLOCATED>                             0



</TABLE>
Editorial Note on Part 165
Editorial Note: Nomenclature changes to part 165 appear by USCG-2006-25556, 72 FR 36328, 36329, July 2, 2007 and by USCG-2018-1049, 84 FR 7813, Mar. 5, 2019.

§ 165.806 Sabine Neches Waterway, Texas—regulated navigation area. ( a ) The following is a regulated navigation area—The Sabine Neches Waterway which includes the following waters: Sabine Pass Channel, Port Arthur Canal, Sabine Neches Canal, Neches River, Sabine River and all navigable waterways tributary thereto.
( b ) Unless otherwise authorized by the Captain of the Port, Port Arthur, Texas, tows on a hawser of 1000 gross tons or greater transiting the Sabine-Neches Waterway are prohibited unless such tows have a tug of sufficient horsepower made up to the tow in such a manner as to insure that complete and effective control is maintained throughout the transit. Inbound vessels only, may shift the tow or pick up an additional tug within 100 yards inside the entrance jetties provided that such action is necessary for reasons of prudent seamanship.
[CGD8-83-09, 49 FR 35500, Sept. 10, 1984]
<PAGE>

                                                                      EXHIBIT 21

  CENTRA FINANCIAL HOLDINGS INC. AND SUBSIDIARIES ANNUAL REPORT ON FORM 10-KSB
                     FOR FISCAL YEAR ENDED DECEMBER 31, 2003

Subsidiaries of Centra Financial Holdings Inc.

      The following are the only subsidiaries of Centra Financial Holdings Inc.:

<TABLE>
<CAPTION>
                                                                 Jurisdiction
                                                                      of
                      Name of Subsidiary                         Incorporation
                      ------------------                         -------------
<S>                                                              <C>
    Centra Financial Corporation - Morgantown, Inc.              West Virginia

    Centra Financial Corporation - Martinsburg, Inc.             West Virginia
</TABLE>


                                       36
#### Will Parks CLAY, Appellant, v. UNITED STATES of America, Appellee.

No. 17336.

United States Court of Appeals Fifth Circuit.

Nov. 5, 1958.

*565W. O. Cooper, Jr., Macon, Ga., Hal Lindsay, Atlanta, Ga., D. Lee Churchwell, Macon, Ga., J. E. B. Stewart, Atlanta, Ga., for appellant.

Floyd M. Buford, Asst. U. S. Atty., Macon, Ga., Frank O. Evans, U. S. Atty., Macon, Ga., for appellee.

Before HUTCHESON, Chief Judge, and CAMERON and BROWN, Circuit Judges.

PER CURIAM.

Appellant was convicted of evading the wagering occupational tax. Int.Rev.Code of 1939, §§ 2707(c), 3290, 3294(c), 26 U.S.C.A. §§ 2707(c), 3290, 3294(c) (1952 ed. ). We affirmed this conviction 5 Cir., 246 F.2d 298, and certiorari was denied 355 U.S. 863, 78 S.Ct. 96, 2 L.Ed.2d 69. In fact, this is now his fourth appearance before this Court. Clay v. United States, 5 Cir., 1957, 246 F.2d 298, certiorari denied 355 U.S. 863, 78 S.Ct. 96, 2 L.Ed.2d 69; Clay v. United States, 5 Cir., 1956, 239 F.2d 196; Clay v. United States, 1955, 5 Cir., 218 F.2d 483.

As he this time asserts his rights under the reviewing procedure of 28 U.S.C.A. § 2255, he must tread the narrow trail of relief it affords. It is not enough that he point an accusing finger at some supposed slip on the part of the Judge during the long history of this case. He must demonstrate that, in the language of Section 2255, “the sentence was imposed in violation of the Constitution or laws of the United States, or that the court was without jurisdiction to impose such sentence, or that the sentence wasin excess of the maximum authorized by law, or is otherwise subject to collateral attack * * This he has failed to do.

His present complaint relates to motions for the production of documents and disclosure of informants. Whatever the merits of these contentions might have been on appeal, they are not open here. Bowen v. United States, 5 Cir., 1958, 260 F.2d 266; Bowen v. United States, 5 Cir., 1951, 192 F.2d 515. Moreover, it cannot be said in this case that Clay has been denied an open ear for these complaints. He not only could have had an appeal, he had one, 246 F.2d 298. There it ended for all matters save those that can pass through the needle's eye of Section 2255.

Affirmed.
§ 183.705 Definitions. For the purposes of this subpart: ( a ) *Outboard motor* means a self-contained propulsion system of any horsepower rating designed to be installed on, and removable from the transom of a boat.
( b ) *Static thrust* means the forward or backward thrust developed by an outboard motor and associated propulsion unit while stationary.
( c ) *Starting control* means the motor throttle, shift and starting control mechanisms located at a position remote from the outboard motor.
( d ) *Local starting* means operating a mechanical or electrical starting device built into the outboard motor.
( e ) *Distributor* means any person engaged in the sale and distribution of boats or associated equipment for the purpose of resale.
( f ) *Dealer* means any person who is engaged in the sale and distribution of boats or associated equipment to purchasers who the seller in good faith believes to be purchasing any such boat or associated equipment for purposes other than resale.