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

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA

Case No. 1:22-cv-24066-KMM

GRACE, INC., et al.,

Plaintiffs,

v.

CITY OF MIAMI,

Defendant.

/

PLAINTIFFS’ UNOPPOSED MOTION TO PERMIT 

DR. CORY McCARTAN TO TESTIFY REMOTELY

Pursuant to FRCP 43(a), Plaintiffs respectfully move the Court to permit Dr. Cory 

McCartan to testify remotely, and state:

1. Qis case is set for trial during the two-week trial period beginning January 29, 

2024. ECF No. 32. Qe pretrial conference is scheduled for January 16, 2024. Id.

2. Plaintiffs intend to call Dr. Cory McCartan to testify as to certain statistical 

compactness and population figures included in his trial report, which is identical to the report 

submitted in the interim-remedial phase of this case.

3. Qe purpose of Dr. McCartan’s testimony will solely be to explain and admit into 

evidence the compactness and population statistics contained within his report.

4. Plaintiffs anticipate their examination of Dr. McCartan to last no more than 30 

minutes.

5. Dr. McCartan lives and teaches in New York.

6. Given the brevity and simplicity of his testimony, the Court’s and Defendant’s 

familiarity with the content of his testimony, the distance he would be required to travel, and the 

present uncertainty of the exact date he would be required to testify, there are compelling 

Case 1:22-cv-24066-KMM Document 147 Entered on FLSD Docket 01/11/2024 Page 1 of 2
2

circumstances to permit Dr. McCartan to testify remotely.

WHEREFORE, Plaintiffs respectfully request that the Court permit Dr. Cory McCartan 

to testify by contemporaneous transmission from a different location.

LOCAL RULE 7.1(a)(3) CERTIFICATE OF CONFERRAL

Plaintiffs’ counsel conferred with counsel for the City, which does not oppose this motion.

Respectfully submitted this 11th day of January, 2024,

/s/ Nicholas L.V. Warren

Nicholas L.V. Warren (FBN 1019018)

ACLU Foundation of Florida

1809 Art Museum Drive, Suite 203

Jacksonville, FL 32207

(786) 363-1769

nwarren@aclufl.org

Daniel B. Tilley (FBN 102882)

Caroline A. McNamara (FBN 1038312)

Janine M. Lopez (FBN 1038560)

ACLU Foundation of Florida

4343 West Flagler Street, Suite 400

Miami, FL 33134

(786) 363-2714

dtilley@aclufl.org

cmcnamara@aclufl.org

Gregory P. Luib*

Dechert LLP

1900 K Street NW

Washington, DC 20006

(202) 261-3413

gregory.luib@dechert.com

Neil A. Steiner*

Julia Markham-Cameron*

Dechert LLP

Qree Bryant Park

1095 Avenue of the Americas

New York, NY 10036

(212) 698-3822

neil.steiner@dechert.com

julia.markham-cameron@dechert.com

Christopher J. Merken*

Dechert LLP

Cira Centre

2929 Arch Street

Philadelphia, PA 19104

(215) 994-2380

christopher.merken@dechert.com

* Admitted pro hac vice

Counsel for Plaintiffs

Case 1:22-cv-24066-KMM Document 147 Entered on FLSD Docket 01/11/2024 Page 2 of 2
§ 105-74.205 What must I include in my drug-free workplace statement? You must publish a statement that— ( a ) Tells your employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in your workplace;
( b ) Specifies the actions that you will take against employees for violating that prohibition; and
( c ) Lets each employee know that, as a condition of employment under any award, he or she: ( 1 ) Will abide by the terms of the statement; and
( 2 ) Must notify you in writing if he or she is convicted for a violation of a criminal drug statute occurring in the workplace and must do so no more than five calendar days after the conviction.
§ 102-40.105 May we use any sales method to sell personal property that requires special handling? Yes, unless specifically restricted as to sales methods by provisions in subpart E of this part, you may use any of the sales methods provided in part 102-38 of this subchapter, but you must: ( a ) Advertise and conduct sales of such property separately from other sales;
( b ) Store and display such property in a safe and controlled manner as required by applicable statutes and/or regulations;
( c ) Indicate if the property is being sold only for scrap, and/or if there are any use requirements or restrictions;
( d ) Comply with the requirements of other Federal, state, and local laws and regulations; and
( e ) Conduct the sale through an agency authorized to sell Federal property in accordance with part 102-38 of this subchapter.
#### § 102-80.110 What must an equivalent level of safety analysis indicate?

To be acceptable, the analysis must indicate that the existing and/or proposed safety systems in the building provide a period of time equal to or greater than the amount of time available for escape in a similar building complying with the Fire Administration Authorization Act. In conducting these analyses, the capability, adequacy, and reliability of all building systems impacting fire growth, occupant knowledge of the fire, and time required to reach a safety area will have to be examined. In particular, the impact of sprinklers on the development of hazardous conditions in the area of interest will have to be assessed.
Page 1 of 2

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION 

CASE NO.: 22-cv-23939-KMM

JAMES WATSON

Plaintiff,

v.

LUCKY SEA CORP., 

d/b/a Viva Brazil Signature

Defendant.

/

NOTICE OF SETTLEMENT

COMES NOW, Plaintiff, JAMES WATSON, by and through the undersigned counsel, 

hereby notifies the Court that the Parties have reached an agreement in principle that resolves all 

claims that were or could have been brought in this action and are in the process of working on the 

Settlement Agreement. The Parties request that the Court stay all matters and pending deadlines 

in this action and grant the Parties sixty (60) days to finalize their written Settlement Agreement 

and to submit the appropriate notices and/or stipulations to the Court regarding dismissal of the 

Action.

Respectfully submitted on this January 27, 2023. 

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-23939-KMM Document 7 Entered on FLSD Docket 01/27/2023 Page 1 of 2
Watson v. Lucky Sea Corp

Case No. 22-cv-23939-KMM

Page 2 of 2

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on January 27, 2023, 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-23939-KMM Document 7 Entered on FLSD Docket 01/27/2023 Page 2 of 2
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 14

- 10978 Conference Calendar

UNITED STATES OF AMERICA,

Plaintiff

- Appellee

v.

ERIN PATTON
,

Defendant

- Appellant

Appeal from the United States District Court for the Northern District of Texas USDC No. 3:13

- CR

- 321

- 1

Before DAVIS, JONES, and HIGGINSON, Circuit Judges.

PER CURIAM: *

The Federal Public Defender appointed to represent Erin Patton has

moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Patton has filed a response. We have re viewed counsel’s brief and the relevant portions of the record reflected therein , as well as Patton ’ s

response . We concur with counsel’s assessment that the appeal presents no

* Pursuant to 5 TH C IR

. R. 47.5
, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED
June 1 6 , 2015 Lyle W. Cayce Clerk Case: 14-10978 Document: 00513079199 Page: 1 Date Filed: 06/16/2015No. 14

- 10978

2 nonfrivolous issue for appellate review. Accordingly, counsel’s motion for l eave to withdraw is GRANTED, counsel is excused from further responsibilities
herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 14-10978 Document: 00513079199 Page: 2 Date Filed: 06/16/2015
#### § 105-69.210 Reporting.

No reporting is required with respect to payments of reasonable compensation made to regularly employed officers or employees of a person.
No. 11-8376.

#### Boomer *v.*New York.

App. Div., Sup. Ct. N. Y., 3d Jud. Dept. Certiorari denied.
#### § 105-8.140 Employment.

No qualified individual with handicaps shall, on the basis of handicap, be subjected to discrimination in employment under any program or activity conducted by the agency. The definitions, requirements, and procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791), as established by the Equal Employment Opportunity Commission in 29 CFR part 1613, shall apply to employment in federally conducted programs or activities.
Exhibit 32.1

                                  CERTIFICATION

            PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
             (SUBSECTIONS (a) AND (b) OF SECTION 1350, CHAPTER 63 OF
                          TITLE 18, UNITED STATES CODE)


     Pursuant to section 906 of the Sarbanes-Oxley Act of 2002 (subsections (a)
and (b) of section 1350, chapter 63 of Title 18, United States Code), each of
the undersigned officers of ITIS Holdings Inc., a Nevada corporation (the
"Company"), does hereby certify with respect to the Quarterly Report of ITIS
Holdings Inc. on Form 10-QSB for the second quarter of 2004 as filed with the
Securities and Exchange Commission (the "10-QSB Report") that:

     (1)     the 10-QSB 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 10-QSB Report fairly presents, in
all material respects, the financial condition and results of operations of ITIS
Holdings Inc.

Dated:  August 16, 2004                 ITIS Holdings Inc.


                                             /s/ Hunter M. A. Carr
                                        ---------------------------------
                                        Hunter M. A. Carr
                                        Chief Executive Officer


                                             /s/ Joanna Hoover
                                        --------------------------------
                                        Joanna Hoover
                                        Chief Financial Officer


<PAGE>
322P15-2

#### State v. Raymond Alan Griffin

Petitioner’s *Pro Se*Motion for Appeal of *Habeas Corpus*

Denied 10/21/2015
§ 105-70.019 Prehearing conferences. ( a ) The ALJ may schedule prehearing conferences as appropriate.
( b ) Upon the motion of any party, the ALJ shall schedule at least one prehearing conference at a reasonable time in advance of the hearing.
( c ) The ALJ may use prehearing conferences to discuss the following: ( 1 ) Simplification of the issues;
( 2 ) The necessity or desirability of amendments to the pleadings, including the need for a more definite statement;
( 3 ) Stipulations and admissions of fact or as to the contents and authenticity of documents;
( 4 ) Whether the parties can agree to submission of the case on a stipulated record;
( 5 ) Whether a party chooses to waive appearance at an oral hearing and to submit only documentary evidence (subject to the objection of other parties) and written argument;
( 6 ) Limitation of the number of witnesses;
( 7 ) Scheduling dates for the exchange of witness lists and of proposed exhibits;
( 8 ) Discovery;
( 9 ) The time and place for the hearing; and
( 10 ) Such other matters as may tend to expedite the fair and just disposition of the proceedings.
( d ) The ALJ may issue an order containing all matters agreed upon by the parties or ordered by the ALJ at a prehearing conference.
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

RICHARD SCOTT KINDRED,

Plaintiff

- Appellant,

v.

MARISA BIGOT ; KENNETH BELL,

Defendants

- Appellees. No. 17

- 17431

D.C. No. 1:14

- cv

- 01652

- AWI

- MJS

MEMORANDUM *

Appeal from the United States District Court

for the Eastern District of California Anthony W. Ishii, District Judge, Presiding

Submitted June 12, 2018 **

Before: RAWLINSON, CLIFTON, and NGUYEN, Circuit Judges.

California civil detainee Richard Scott Kindred appeals pro se from the

district court’s order denying his motions for a preliminary injunction and a

temporary restraining order. We have jurisdiction under 28 U.S.C. § 1292(a)(1).

We review for an abuse of discretion. Re ligious Tech. Ctr., Church of Scientology

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36

- 3.

** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 

# FILED

JUN 20 2018

MOLLY C. DWYER, CLER K

U.S. COURT OF APPEAL S2 17

- 17431

Int ’ l, Inc. v. Scott , 869 F.2d 1306, 1309 (9th Cir. 1989 ). We affirm.

The district court did not abuse its discretion in denying Kindred’s requests

for preliminary injunctive relief against Bell because Kindred failed to demonstrate

that he would likely suffer irreparable harm in the absence of the requested relief.

See Jackson v. City & County of San Francisco

, 746 F.3d 953

, 958 ( 9th Cir. 2014 )

( setting forth requirements for obtaining a preliminary injunction ) ; Stuhlbarg Int’ l

Sales Co. v. John D. Brush & Co.

, 240 F.3d 832

, 839 n.7 ( 9th Cir. 2001 )

( explaining that standards for issuing a temporary restraining order and a

preliminary injunction are “substantially identical”); Goldie’ s Bookstore v.

Superior Cour t

, 739 F.2d 466

, 472 ( 9th Cir. 1984 ) (“ Speculative injury does not

constitute irreparable i njury

. ”); see also Gomez v. Vernon , 255 F.3d 1118, 1128

(9th Cir. 2001) (“In general, injunctive relief is to be used sparingly, and only in a

clear and plain case.” ( citation and internal quotation marks omitted ) ).

The district court did not abuse its discretion in denying Kindred’s requests

for preliminary injunctive relief against individuals not before the district court

because the district court could not pro vide relief against such individuals. See

Zepeda v. INS

, 753 F.2d 719

, 727 ( 9th Cir. 1985 ) (federal courts “ may not attempt

to determine the rights of persons not before the court ”).

We reject as unsupported by the record Kindred’s contention s that

defendants did not serve Kindred copies of defendants’ motions to strike and that3 17

- 17431

the district court failed to recognize Kindred is a civil detainee.

We do not consider arguments and allegations raised for the first time on

appeal. See Padgett v. Wri ght , 587 F.3d 983, 985 n.2 (9th Cir. 2009).

AFFIRMED.
[Federal Register Volume 65, Number 122 (Friday, June 23, 2000)]
[Notices]
[Page 39121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15783]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE


Notice of Transfer of Jurisdiction

AGENCY: Forest Service, USDA.

ACTION: Transfer of jurisdiction of certain lands within the boundaries 
of the Uinta National Forest to the United States Department of 
Agriculture, Forest Service.

-----------------------------------------------------------------------

SUMMARY: On March 16, 1999, Shellie Nall, General Supply Specialist, 
Bureau of Reclamation, signed three Property Vouchers transferring 
jurisdiction of 315 acres of land within the Ashley National Forest, 
and 1,852.48 acres of land within the Uinta National Forest to the 
United States of America, Department of Agriculture, Forest Service.
    This action is in compliance with Section 6 of the Dutch John 
Federal Property Disposition and Assistance Act of 1998 (P.L. 105-326).
    Copies of the Property Vouchers are available for public inspection 
at the Chief's Office, Forest Service, U.S. Department of Agriculture, 
Auditors Building, 201 14th Street, SW., at Independence Ave., SW., 
Washington, DC 20250, or the Ashley National Forest, 355 North Vernal 
Avenue, Vernal, UT 84078.

    Dated: June 12, 2000.
Jack G. Troyer,
Deputy Regional Forester, Intermountain Region, USDA Forest Service, 
324 25th Street, Ogden, UT 84401, (801) 625-5605.
[FR Doc. 00-15783 Filed 6-22-00; 8:45 am]
BILLING CODE 3410-11-M
#### § 105-72.501 Recipient responsibilities.

The standards contained in this section do not relieve the recipient of the contractual responsibilities arising under its contract(s). The recipient is the responsible authority, without recourse to the Federal awarding agency, regarding the settlement and satisfaction of all contractual and administrative issues arising out of procurements entered into in support of an award or other agreement. This includes disputes, claims, protests of award, source evaluation or other matters of a contractual nature. Matters concerning violation of statute are to be referred to such Federal, State or local authority as may have proper jurisdiction.
#### § 105-70.015 Ex parte contacts.

No party or person (except employees of the ALJ's office) shall communicate in any way with the ALJ on any matter at issue in a case, unless on notice and opportunity for all parties to participate. This provision does not prohibit a person or party from inquiring about the status of a case or asking routine questions concerning administrative functions or procedures.
§ 102-85.140 How are changes in Rent reflected in OAs? ( a ) If Rent changes in ways that are identified in the OA, then no change to the OA is required. Typically, OAs state that certain components of Rent are subject to annual escalation; e.g., operating expenses, real estate taxes, parking charges, the basic security charge, and building-specific security operating and amortized capital expenses which do not entail a change in service level. Also, in Federally-owned space, OAs state that the shell rent is re-marked to market every five years. In leased space, the OA will identify any programmed changes in the lease contract rent (such as pre-set increases or steps in the contract rent rate) that will translate into a change in the customer agency's Rent. Changes in Rent specified in OAs will serve as notice to agencies of future Rent changes for budgeting purposes. For a discussion of budgeting for Rent, see § 102-85.160.
( b ) Changes to Rent other than those identified in paragraph (a) of this section typically require an amended OA. There are many events that might occasion a change in Rent, and an amended OA, such as: ( 1 ) An agency expands or contracts at an existing location;
( 2 ) PBS agrees to fund additional tenant improvements that are then amortized over the remaining OA term, or over an extended OA term;
( 3 ) Upon physical re-measurement, the true square footage of the space assignment is found to be different from the square footage of record;
( 4 ) The amount of joint use space in the building changes;
( 5 ) The level of building-specific security services changes; or
( 6 ) PBS undertakes new capital expenditures for new or enhanced security countermeasures.
[Federal Register Volume 65, Number 118 (Monday, June 19, 2000)]
[Notices]
[Page 37979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15377]


-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION


Public Information Collections Approved by Office of Management 
and Budget

    The Federal Communications Commission (FCC) has received Office of 
Management and Budget (OMB) approval for the following public 
information collections pursuant to the Paperwork Reduction Act of 
1995, Public Law 96-511. An agency may not conduct or sponsor a 
collection of information unless it displays a currently valid control 
number. Not withstanding any other provisions of law, no person shall 
be subject to any penalty for failing to comply with a collection of 
information subject to the Paperwork Reduction Act (PRA) that does not 
display a valid control number. Questions concerning the OMB control 
numbers and expiration dates should be directed to Judy Boley, Federal 
Communications Commission, (202) 418-0214.
Federal Communications Commission
    OMB Control No.: 3060-0939.
    Expiration Date: 12/31/2000.
    Title: E911--Second Memorandum Opinion and Order.
    Form No.: None.
    Estimated Annual Burden: 50 Burden Hours Annually, 1 hour per 
response; 50 .
    Description: Commercial Mobile Radio Service (CMRS) carriers and 
Public Safety Answering Points (PSAPs) who cannot agree on the choice 
of Enhanced 911 transmission means and related technologies may 
approach the Commission to assist in reaching an accord. In order for 
the Commission to effectively participate in resolving differences 
between CMRS carriers and PSAPs, the parties will be asked to submit 
relevant information.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-15377 Filed 6-16-00; 8:45 am]
BILLING CODE 6712-01-P
#### § 102-74.30 What standard in providing occupancy services must Executive agencies follow?

Executive agencies must provide occupancy services that substantially conform to nationally recognized standards. As needed, Executive agencies may adopt other standards for buildings and services in Federally controlled facilities to conform to statutory requirements and to implement cost-reduction efforts.
Comment Info: =================

General Comment:Sixth Meeting of the Advisory Committee on Aviation Consumer Protection
#### § 102-83.40 What is a delineated area?

The delineated area is the specific geographic boundary within which space will be obtained to satisfy a Federal agency space requirement.