alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
1

4854-2578-0813.1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Case No.: 1:22-cv-23223-GAYLES

VENUS CONCEPT USA, INC., a

Delaware corporation,

Plaintiff,

v.

EXOTIC V’S BEAUTY BAR AND SPA, 

a California company, and VICTORIA

NABORNE, an individual,

Defendants.

___________________________________/

PLAINTIFFS’ MOTION FOR ENTRY OF 

CLERK’S DEFAULT AS TO DEFENDANTS

To: Clerk of the United States District Court for the Southern District of Florida

Plaintiff, Venus Concept USA, Inc. (“Plaintiff”), pursuant to Federal Rule of Civil 

Procedure 55(a), respectfully requests that the Clerk of the Court enter defaults against Defendants, 

Exotic V’s Beauty Bar and Spa and Victoria Naborne, for failure to answer, plead, or otherwise 

defend in a timely manner. In support of this request for entry of default against Defendants, 

Plaintiff relies upon the record in this case and the declaration attached hereto as Exhibit 1. 

Dated: May 5, 2023 Respectfully submitted,

LEWIS BRISBOIS BISGAARD & SMITH,LLP

Counsel for Venus Concept USA, Inc.

110 SE 6th Street, Suite 2600

Fort Lauderdale, FL 33301

Tel.: 954-728-1280

Fax: 954-678-4090

By: /s/ David Robbins______________

Vincent Alexander

Fla. Bar No. 68114

Vincent.Alexander@lewisbrisbois.com

Case 1:22-cv-23223-DPG Document 11 Entered on FLSD Docket 05/05/2023 Page 1 of 2
2

4854-2578-0813.1

David Robbins

Fla. Bar No. 1012340

David.Robbins@lewisbrisbois.com

CERTIFICATE OF SERVICE

I CERTIFY that on May 5, 2023, I electronically filed the foregoing document with the 

Clerk of Court using CM/ECF. I also certify that the foregoing document is being served this day 

by (1) transmission of Notice of Electronic Filing generated by CM/ECF on all counsel of record 

or pro se parties who are authorized to receive electronically Notice of Electronic Filing in this 

case; and (2) U.S. First Class Mail on the parties on the attached Service List. 

By: /s/ David Robbins_____________________

David M. Robbins

SERVICE LIST

Exotic V’s Beauty and Bar Spa

2412 W Via Camille

Montebello, CA 90640

Defendant

Victoria Naborne

2412 W Via Camille

Montebello, CA 90640

Defendant

Case 1:22-cv-23223-DPG Document 11 Entered on FLSD Docket 05/05/2023 Page 2 of 2
Argued and submitted January 31,

affirmed August 26, 1992

#### HAROLD PETER MEIER, *Petitioner, v.*BOARD OF PAROLE, *Respondent.*

(CA A66574)

835 P2d 159

Lawrence J. Hall, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the briefs was Sally L. Avera, Public Defender, Salem.

Yuanxing Chen, Assistant Attorney General, Salem, argued the cause for respondent. With him on the briefs were Dave Frohnmayer, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Richardson, Presiding Judge, and Deits and Durham, Judges.

PER CURIAM

Affirmed. *Howard v. State Board of Parole,*105 Or App 288, 804 P2d 509, *rev den*311 Or 432 (1991).
- 

®®' 

Cessna 

ATextron Company 

January 26, 2015 

IN REPLY, REFER TO: 

L390-15-0342 

U.S. Department of Transportation 

Docket Management Facility 

West Building ground floor 

Room W12-140 

1200 New Jersey Avenue, SE. 

Washington, DC 20590 

ATTENTI01v: Docket Operations 

SUBJECT: Cessna Aircraft Company, Mode1680A, Request for Exemption 

Amendment, 14 CFR 25.785 (b) 

REFERENCE: FAA Project Cessna-072100 

FAA Regulatory Docket No. FAA-2001-9982 dated 9/7/01 (initial grant) 

To Whom It May Concern: 

Cessna Aircraft Company hereby respectfully submits a request for amendment to 

Exemption No. 7625A for the installation of a Cessna manufactured multiple occupancy 

side-facing couch in the Cessna Mode1680A aircraft. Exemption No. 7625A was granted 

(extended from 2001 initial granting) in 2003 and provided Cessna relief from the general 

occupant protection requirements of 14 CFR 25.785(b), Amendment 25-64. 

It is Cessna's position that the requirements for, and the justifications in support of, the 

exemption remain valid and have not changed from the original application. In addition, 

the conditions and circumstances regarding public interest that warranted the original grant 

of exemption continue to exist. 

The Mode1680A is scheduled to receive its Type Certificate in Apri12015. Cessna has 

demonstrated, through analysis and tests that the side-facing couch has successfully 

complied with the conditions and limitations of the current exemption. This amendment to 

the exemption, if granted, will allow Cessna to deliver the Mode1680A with a customer 

desired seating configuration. 

Cessna Aircraft Company One Cessna Boulevard, P.O. Box 7704, Wichita, Kansas 67277-7704, 316/517-6000 
L390-15-0342 

21 January 2015 

Page 2 of 2 

Based on the rationale provided and taking into consideration the excellent safety record of 

the Cessna Citation series aircraft, Cessna Aircraft Company hereby petitions for an 

amendment to the previously granted Exemption No. 7625A for the installation of a 

multiple place side-facing couch on Mode1680A. 

Cessna respectfully requests, and believes that good cause exists to justify, that action on 

this petition not be delayed by publication and comment procedures. Cessna feels this 

request does not set a precedent, because the relief requested herein is the same as 

exemptions granted previously. 

If you require additional information or have any questions, please do not hesitate to 

contact Ryan Schober at 316-517-3728, or email RLSchober~txtav.com. 

Sincerely, 

~ 

Brian Richardet 

Manager, Product Certification 

Cessna Aircraft Company 

Cc: Tina Miller, Program Manager, Wichita ACO 

Cessna Aircraft Company One Cessna Boulevard, P.O. Box 7704, Wichita, Kansas 67277-7704, 316/517-6000
#### § 5.2 Committee procedure.

Each committee establishes its own rules of procedure, consistent with these bylaws, and meets as provided in its rules. A majority of the members of a committee constitute a quorum.
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 Regeneration Technologies, Inc. (the Company) on Form 10-K for the year ended December 31, 2003, as filed with the
Securities and Exchange Commission on the date hereof (the Report), I, Brian K. Hutchison, Chairman, President and Chief Executive Officer of the Company, hereby certify, pursuant to 18 U.S.C. §1350, as adopted pursuant to §906
of the Sarbanes-Oxley Act of 2002, and 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; and
| | -- | ---------------------------------------------------------------------------------------------------------------------



| | 2. | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company at the end of, and for, the
period covered by the Report.
| | -- | -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                                                |  |       |  |               
|----------------------------------------------- |  | ----- |  | --------------
|/s/    BRIAN K. HUTCHISON                       |  | Date: |  | March 10, 2004
|Brian K. Hutchison                              |  |       |  |               
|Chairman, President and Chief Executive Officer |  |       |  |               



The foregoing certification is being
furnished solely pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and is not being filed as part of the Report or as a separate disclosure document. A signed original of this written statement required by Section 906 has been provided to
Regeneration Technologies, Inc. and will be retained by Regeneration Technologies, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.
#### § 320.4 Suspension for certain letters of college and university organizations.

The operation of 39 U.S.C. 601(a) (1) through (6) and § 310.2(b) (1) through (6) of this chapter is suspended on all post routes to permit colleges and universities to carry in their internal mail systems the letters of their *bona fide* student or faculty organizations to campus destinations. This suspension does not cover the letters of faculty members, students, or organizations other than *bona fide* student or faculty organizations of the carrying college or university. Colleges and universities choosing to provide their student or faculty organizations access to their internal mail systems are responsible for assuring that only letters of *bona fide* student or faculty organizations addressed to campus destinations are carried. (See § 310.4.) For purposes of this suspension, “internal mail systems” are those which carry letters on, between, and among the various campuses of a single college or university and which operate in accordance with the *Letters of the carrier* exception in 39 CFR 310.3(b).

[44 FR 52835, Sept. 11, 1979]
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


The undersigned officer of Acme United Corporation (the "Company") hereby
certifies to my knowledge that the Company's quarterly report on Form 10-Q for
the quarterly period ended March 31, 2008 (the "Report"), as filed with the
Securities and Exchange Commission on the date hereof, fully complies with the
requirements of Section 13(a) or 15(d), as applicable, of the Securities
Exchange Act of 1934, as amended, and that the information contained in the
Report fairly presents, in all material respects, the financial condition and
results of operations of the Company. This certification is provided solely
pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, and shall not be deemed to be a part of the Report
or "filed" for any purpose whatsoever.


By          /s/ WALTER C. JOHNSEN
         ------------------------------
                Walter C. Johnsen
           Chairman of the Board and
             Chief Executive Officer

Dated:  May 5, 2008




A signed original of this written statement required by Section 906, or other
document authenticating, acknowledging, or otherwise adopting the signature that
appears in typed form within the electronic version of this written statement
required by Section 906, has been provided to Acme United Corporation and will
be retained by Acme United Corporation and furnished to the Securities and
Exchange Commission or its staff upon request.
```

[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 487 Introduced in House (IH)]

106th CONGRESS
  1st Session
                                H. R. 487

      To amend the Internal Revenue Code of 1986 to provide that 
reimbursements for costs of using passenger automobiles for charitable 
        and other organizations are excluded from gross income.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            February 2, 1999

 Mr. Ramstad introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
      To amend the Internal Revenue Code of 1986 to provide that 
reimbursements for costs of using passenger automobiles for charitable 
        and other organizations are excluded from gross income.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MILEAGE REIMBURSEMENTS TO CHARITABLE VOLUNTEERS EXCLUDED 
              FROM GROSS INCOME.

    (A) In General.--Part III of subchapter B of chapter 1 of the 
Internal Revenue Code of 1986 is amended by redesignating section 138 
as section 139 and by inserting after section 137 the following new 
section:

``SEC. 138. MILEAGE REIMBURSEMENTS TO CHARITABLE VOLUNTEERS.

    ``(a) In General.--Gross income of an individual does not include 
amounts received, from an organization described in section 170(c), as 
reimbursement of operating expenses with respect to use of a passenger 
automobile for the benefit of such organization. The preceding sentence 
shall apply only to the extent that such reimbursement would be 
deductible under section 274(d) (determined by applying the standard 
business mileage rate established pursuant to section 274(d)) is the 
organization were not so described and such individual were an employee 
of such organization.
    ``(b) No Double Benefit.--Subsection (a) shall not apply with 
respect to any expenses if the individual claims a deduction or credit 
for such expenses under any other provision of this title.
    ``(c) Exemption From Reporting Requirements.--Section 6041 shall 
not apply with respect to reimbursements excluded from income under 
subsection (a).''
    (b) Clerical Amendment.--The table of sections for part III of 
subchapter B of chapter 1 of such Code is amended by striking the item 
relating to section 138 and inserting the following new items:

                              ``Sec. 138. Reimbursement for use of 
                                        passenger automobile for 
                                        charity.
                              ``Sec. 139. Cross reference to other 
                                        Acts.''
    (c) Effective Date.--The amendments made by this section shall 
apply to taxable years ending after the date of the enactment of this 
Act.
                                 <all>
```
#### BENNO SPEYER, Respondent, *v.*JAMES B. COLGATE AND OTHERS, APPELLANTS.

*Broker—duty of—measure of damages.*

The defendants, acting as plaintiff’s brokers, having purchased for him $40;000 in gold, he entered into two agreements with one Meyberg, by one of which he sold $20,000 to be delivered,'at his option, between the first and twentieth of February; and by the other he sold $20,000 *to*be delivered at Meyberg’s option, between the twenty-first of January and the twenty-first of February. The contracts signed by Meyberg were sent by the plaintiff to the defendants, with a letter requesting them to deliver the amounts to the buyer. An agent of Meyberg called on the thirtieth of January and demanded the $20,000 deliverable at his option, which'was accordingly delivered to him. The agent at the time stated that he had the other contract in his possession. The defendants did not tender the $20,000 sold under the other agreement during the time, specified. In an action brought to recover the damages sustained by the loss of the opportunity to sell the gold, *held,*that it was defendants’ duty to have made the tender, and that they were liable to the plaintiff for the damages sustained by him from their failure so to do.

The plaintiff was .first informed of their failure on the third of April. *Held,*that it was his duty to at once take the necessary steps to secure himself against further loss; and that the defendants were not responsible for any loss sustained by him in consequence of the subsequent fall in the price of gold.

Appeal from a judgment in favor of the plaintiff, entered upon the report of a referee.

*C. W.*Town, for the appellants.

*James P. Lowrey,*for the respondent.

Opinion by

Daniels, J.

Davis, P. J., and Brady, J., concurred.

Judgment modified, and'as modified affirmed, with costs.
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 quarterly report on Form 10-Q of American Express Credit Corporation
(the Company) for the quarterly period ended September 30, 2006, as filed
with the Securities and Exchange Commission on the date hereof (the Report),
Christopher S. Forno, as Chief Executive Officer of the Company, hereby
certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section
906 of the Sarbanes-Oxley Act of 2002, that:

| |     |                                                                                                                                                         
| | --- | --------------------------------------------------------------------------------------------------------------------------------------------------------
| | (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.

|                           |                          
|-------------------------- | -------------------------
|/s/
  Christopher S. Forno
|                          
|Name:                      | Christopher
  S. Forno   
|Title:                     | Chief
  Executive Officer
|Date:                      | November 13, 2006        

The foregoing
certification is being furnished solely pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, and is not
being filed as part of the Form 10-Q or as a separate disclosure document for
purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the
Exchange Act), or otherwise subject to liability under that section. This
certification shall not be deemed to be incorporated by reference into any
filing under the Securities Act of 1933, as amended, or the Exchange Act except
to the extent that this Exhibit 32.1 is expressly and specifically incorporated
by reference in any such filing.

A signed
original of this written statement required by Section 906 has been provided to
the Company and will be retained by the Company and furnished to the Securities
and Exchange Commission or its staff upon request.

---
* This order and judgment is not binding precedent, except under the doctrines

of law of the case, res judicata, and collateral es toppel. This court generally disfavors the citation of orders and judgments; nev ertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.

** After examining the briefs and the appellate recor d, this three-judge panel has determined unanimously that oral argument wouldnot be of material assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is therefore ordered submitted without or al argument. 

## F I L E D United States Court of Appeals Tenth Circuit 

### JUL 2 1998 

### PATRICK FISHER Clerk UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

UNITED STATES OF AMERICA, Plaintiff-Appellee, vs. EARL GENE RAMSEY, Defendant-Appellant. No. 97-3330 (D.C. No. 97-CR-40016) (D. Kan.)

ORDER AND JUDGMENT *

Before PORFILIO , KELLY , and HENRY , Circuit Judges. **
Mr. Ramsey appeals from his conviction of possessio n of a firearm by a convicted felon in violation of 18 U.S.C. § 922(g)( 1). He was sentenced to 87 months, followed by three years of supervised relea se. Our jurisdiction arises under 28 U.S.C. § 1291, and we affirm. Mr. Ramsey’s sole issue on appeal is the sufficienc y of the evidence. He- 2 -

contends that the evidence is insufficient to estab lish constructive possession of the firearm because the officers testifying at trial pr esented mutually exclusive accounts of Mr. Ramsey’s relationship to the firearm that wa s discovered. To prove a violation of § 922(g)(1), the governmentwas required to show Mr. Ramsey’s knowing possession of a firearm. See United States v. Capps , 77 F.3d 350, 352 (10th Cir.), cert. denied , 518 U.S. 1027 (1996). Although the government may rely upon actual or constructive possession, see United States v. Taylor , 113 F.3d 1136, 1144-45 (10th Cir. 1997), the evidence i n this case when viewed in the light most favorable to the government was sufficie nt for a rational trier of fact to find actual possession beyond a reasonable doubt--t hat Mr. Ramsey had physical control over a firearm, and dropped it on the groun d prior to being apprehended. Merely because one of the officers from a differentvantage point did not observe Mr. Ramsey concealing or dropping a firearm did notpreclude the jury from believing the other officer who so testified. Contrary to Mr. Ramsey’s position, the issue is w hether a reasonable jury could have found possession beyond a reasonable dou bt, not whether the evidence in this case is consistent with both innocence and guilt. See United States v. Hooks , 780 F.2d 1526, 1530-31 (10th Cir.), cert. denied , 475 U.S. 1128 (1986). Moreover, conflicts in the officers’ testimony about other matters, i.e., who handcuffed Mr. Ramsey and whether a magazine was inserted in the f irearm, were for the jury to- 3 -

consider in deciding credibility and such conflicts are presumed to have been resolved in favor of the prosecution. See Jackson v. Virginia , 443 U.S. 307, 326 (1979).
AFFIRMED.

Entered for the Court
Paul J. Kelly, Jr. Circuit Judge
106TH CONGRESS

2D SESSION H. R. 5229

AN ACT

To designate the facility of the United States Postal Service located at 219 South Church Street in

Odum, Georgia, as the ‘‘Ruth Harris ColemanPost Office Building’’.

106TH CONGRESS

2D SESSION H. R. 5229

AN ACT

To designate the facility of the United States Postal Service

located at 219 South Church Street in Odum, Georgia,

as the ‘‘Ruth Harris Coleman Post Office Building’’.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 5229 EH

1 SECTION 1. DESIGNATION.

2 The facility of the United States Postal Service lo3 cated at 219 South Church Street in Odum, Georgia, shall

4 be known and designated as the ‘‘Ruth Harris Coleman

5 Post Office Building’’.

6 SEC. 2. REFERENCES.

7 Any reference in a law, map, regulation, document,

8 paper, or other record of the United States to the facility

9 referred to in section 1 shall be deemed to be a reference

10 to the ‘‘Ruth Harris Coleman Post Office Building’’.

Passed the House of Representatives October 10,

2000.

Attest:

Clerk.
<PAGE>

                                                                   EXHIBIT 99.1

                           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 AsiaInfo Holdings, Inc. (the
"Company") on Form 10-K for the period ending December 31, 2002 as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
James Ding, Chief Executive Officer of the Company, certify, pursuant to 18
U.S.C. (S)1350, as adopted pursuant to (S)906 of the Sarbanes-Oxley Act of
2002, that:

   (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.


/s/ James Ding
-------------------------
James Ding
Chief Executive Officer

March 21, 2003