alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
§ 195.07-10 Lakes, bays, and sounds, or river service. ( a ) Vessels in lakes, bays, and sounds, or river service shall be fitted with such ground tackle and hawsers as deemed necessary by the Officer in Charge, Marine Inspection, depending upon the size of the vessel and the waters on which it operates.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

STEWART SPENCER and

SHANNON SPENCER,

Plaintiffs, Case No. 15-11421

Hon. Gerald E. Rosen

- and -

EMPLOYERS INSURANCE OF

WAUSAU,

Intervening Plaintiff,

v.

DTE ELECTRIC COMPANY, et al.,

Defendants.

_________________________________/

ORDER DENYING PLAINTIFFS’

MOTION FOR RECONSIDERATION

At a session of said Court, held in

the U.S. Courthouse, Detroit, Michigan

on January 31, 2017 

PRESENT: Honorable Gerald E. Rosen

United States District Judge

In an opinion and order issued on January 17, 2017, the Court granted

Defendants’ motions for summary judgment and denied Plaintiffs’ motion for

summary judgment. Through a motion filed on January 30, 2017, Plaintiffs now

2:15-cv-11421-GER-SDD Doc # 116 Filed 01/31/17 Pg 1 of 3 Pg ID 2632
seek reconsideration of the Court’s summary judgment ruling.

Under Local Rule 7.1(h)(3) of this District, this Court ordinarily “will not

grant motions for rehearing or reconsideration that merely present the same issues

ruled upon by the court, either expressly or by reasonable implication.” This

principle controls the disposition of the present motion, in which Plaintiffs

contend that their claims against Defendant DTE rested solely on DTE’s status as

owner/general contractor, but that the Court nonetheless (i) analyzed these claims

under the standards of premises liability, and (ii) “erroneously held there can be

only one cause of action against a property owner” such as DTE, thereby limiting

Plaintiffs to a premises liability theory of recovery “to the exclusion of” their

owner/contractor claim. (Plaintiffs’ Motion for Reconsideration, Br. in Support at

1.)

This argument cannot be squared with the plain language of the Court’s

January 17 ruling. In this opinion, the Court expressly “recognized that a claim

under a premises liability theory does not preclude a separate claim grounded on

an independent theory of liability based on the defendant’s conduct.” (1/17/2017

Opinion at 18 (internal quotation marks and citation omitted).) Nonetheless, the

Court found that the record in this case supported only the former theory of

recovery, and that this was so despite “the absence of claims or allegations in

2

2:15-cv-11421-GER-SDD Doc # 116 Filed 01/31/17 Pg 2 of 3 Pg ID 2633
[Plaintiffs’] complaint indicating that [they were] pursuing a theory of premises

liability.” (Id. at 14, 19-20.) Plaintiffs’ bare disagreement with these rulings does

not warrant reconsideration of the Court’s January 17, 2017 opinion and order.

Accordingly,

 NOW, THEREFORE, IT IS HEREBY ORDERED that Plaintiffs’ January

30, 2017 motion for reconsideration (docket #115) is DENIED.

s/Gerald E. Rosen 

United States District Judge

Dated: January 31, 2017

I hereby certify that a copy of the foregoing document was served upon the parties

and/or counsel of record on January 31, 2017, by electronic and/or ordinary mail.

s/Julie Owens 

Case Manager, (313) 234-5135

3

2:15-cv-11421-GER-SDD Doc # 116 Filed 01/31/17 Pg 3 of 3 Pg ID 2634
§ 12.101 Purpose. ( a ) The purpose of this part is to provide— ( 1 ) A comprehensive and adequate means of determining and verifying the professional qualifications an applicant must possess to be eligible for certification to serve on merchant vessels of the United States; and
( 2 ) A means of determining that an applicant is qualified to receive the endorsement required by the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (the STCW Convention, or STCW).
( b ) The requirements applicable to approved and accepted training, training for a particular rating endorsement, and training and assessment associated with meeting the standards of competence established by the STCW Convention have been moved to 46 CFR part 10, subpart D.
Exhibit 32.4



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 Highlands Bankshares, Inc. (the Company) on Form 10-K for the period ended December 31, 2005 as filed with the Securities and Exchange Commission on the date hereof (the Report), I, James R. Edmondson, Vice President of Accounting 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, that, to my knowledge:



1.

The Report fully complies with the requirements of section 13(a) 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 R. Edmondson

James R. Edmondson

Vice President of Accounting

March 31, 2006
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
of Sanders Morris Harris Group Inc. (the “Company”) on Form 10-Q for the period
ended September 30, 2009 (the “Report”), as filed with the Securities and
Exchange Commission on the date hereof, I, George L. Ball, 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 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.





/s/ GEORGE L. BALLGeorge
      L. BallChief
      Executive Officer





November
9, 2009





A signed original of this written
statement required by Section 906 has been provided to Sanders Morris Harris
Group Inc. and will be retained by Sanders Morris Harris Group Inc. and
furnished to the Securities and Exchange Commission or its staff upon
request.
§ 249.2 Policy. ( a ) It is the policy of the Maritime Administration (MARAD) that companies subject to requirements for the placement of marine hull insurance shall be afforded the widest possible opportunity to obtain the necessary coverage, with minimal regulatory constraints, with financially sound underwriters, and that such placement should not create any unnecessary impediments to competitive maritime operations.
( b ) It is also the policy of MARAD to require owners of vessels with ODS or Title XI obligation guarantees to allow the American marine insurance market the opportunity to compete for the marine hull insurance on their vessels before such insurance is placed. Consistent with sound business judgment, owners will be expected to place their insurance with the American market to the maximum extent possible when the rates, terms and conditions offered by American underwriters are competitive with those offered by foreign underwriters.
§ 30.10-50 Pilot boarding equipment and point of access. ( a ) *Pilot boarding equipment* means a pilot ladder, accommodation ladder, pilot hoist, or combination of them as required by this subchapter.
( b ) *Point of access* means the place on deck of a vessel where a person steps onto or off of pilot boarding equipment.
[CGD 79-032, 49 FR 25455, June 21, 1984]
**Exhibit      32.1**

**Certification      Pursuant to**

**Section      906 of the Sarbanes-Oxley Act of 2002**

| 1.   | The                Company's Report on Form 10-Q for the quarterly period ended June                30,                2005, to which this Certification is attached as Exhibit 32.1 (the                "Periodic 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 Periodic Report fairly presents, in                all                material respects, the financial condition and results of operation                of the                Company. |
|----------------|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

**In      Witness Whereof**

| /s/Henry                R.Carabelli    Henry                R. CarabelliPresident                and Chief Executive Officer(Principal                Executive Officer) |   |
|----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|--------|
§ 28.235 Anchors and radar reflectors. ( a ) Each vessel must be fitted with an anchor(s) and chain(s), cable, or rope appropriate for the vessel and the waters of the intended voyage.
( b ) Except for a vessel rigged with gear that provides a radar signature from a distance of 6 miles, each nonmetallic hull vessel must have a radar reflector.
#### John Condon, *Respondent, v.*The President, etc., of the Delaware and Hudson Canal Company, Appellants.

Judgment and order affirmed, with costs. Opinion by

Boardman, J.; Learned, P. J., taking no part.
§ 170.170 Weather criteria. ( a ) Each vessel must be shown by design calculations to have a metacentric height (GM) that is equal to or greater than the following in each condition of loading and operation: Where— P = .005 + (L/14,200)2 tons/ft2 . . . for ocean service, Great Lakes winter service, or service on exposed waters. P = .055 + (L/1309)2 metric tons/m2 . . . for ocean service, Great Lakes winter service, or service on exposed waters. P = .0033 + (L/14,200)2 tons/ft2 . . . for Great Lakes summer service or service on partially protected waters. P = .036 + (L/1309)2 metric tons/m2 . . . for Great lakes summer service or service on partially protected waters. P = .0025 + (L/14,200)2 tons/ft2 . . . for service on protected waters. P = .028 + (L/1309)2 metric tons/m2 . . . for service on protected waters. L = LBP in feet (meters). A = projected lateral area in square feet (square meters) of the portion of the vessel and deck cargo above the waterline. H = the vertical distance in feet (meters) from the center of A to the center of the underwater lateral area or approximately to the one-half draft point. W = displacement in long (metric) tons. T = either: (1) the lesser of either 14 degrees heel or the angle of heel in degrees at which one-half the freeboard to the deck edge is immersed; or (2) for a sailing vessel, T = the lesser of either 14 degrees or the angle of heel in degrees to the deck edge. The deck edge is to be taken as the intersection of the sideshell and the uppermost continuous deck below which the sideshell is weathertight.
( b ) If approved by the Coast Guard Marine Safety Center or the ABS, a larger value of T may be used for a vessel with a discontinuous weather deck or abnormal sheer.
( c ) When doing the calculations required by paragraph (a) of this section for a sailing vessel or auxiliary sailing vessel, the vessel must be assumed— ( 1 ) To be under bare poles; or
( 2 ) If the vessel has no auxiliary propulsion, to have storm sails set and trimmed flat.
( d ) The criterion specified in this section is generally limited in application to the conditions of loading and operation of flush deck, mechanically powered vessels of ordinary proportions and form for which the righting arm (GZ) at the angle (T), calculated after the vessel is permitted to trim free until the trimming moment is zero, is not less than the minimum metacentric height (GM) calculated in paragraph (a) of this section multiplied by sin(T). On other types of vessels, the Coast Guard Marine Safety Center requires calculations in addition to those in paragraph (a) of this section. On a mechanically powered vessel under 328 feet (100 meters) in length, other than a tugboat or a towboat, the requirements in § 170.173 are applied.
[CGD 79-023, 48 FR 51010, Nov. 4, 1983; 49 FR 37384, Sept. 24, 1984, as amended by CGD 88-070, 53 FR 34537, Sept. 7, 1988; CGD 85-080, 61 FR 944, Jan. 10, 1996; 61 FR 20556, May 7, 1996; CGD 95-028, 62 FR 51217, Sept. 30, 1997; USCG-2007-0030, 75 FR 78084, Dec. 14, 2010]
[Federal Register Volume 72, Number 71 (Friday, April 13, 2007)]
[Notices]
[Page 18640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1829]


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

DEPARTMENT OF DEFENSE

Office of the Secretary


Meeting of the Secretary of Defense's Defense Advisory Board for 
Employer Support of the Guard and Reserve (DAB-ESGR)

AGENCY: Department of Defense.

ACTION: Notice of open meeting.

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

SUMMARY: This notice announces a meeting of the DAB-ESGR. This meeting 
will focus on the status of DoD actions and recommendations from 
previous DAB meetings and relevant discussions on Reserve Affairs 
recruiting and review of DoD planning guidance for future mobilizations 
and targeted communications to employers and is open to the public.

DATES: 0900-1530 hrs, 26 April 2007.

Location: Assistant Secretary of Defense for Reserve Affairs conference 
room 2E223, the Pentagon.

For Further Information Contact: Interested attendees may contact MAJ 
Elaine M. Gullota at 703-696-1385 ext 540, or e-mail at 
<a href="/cdn-cgi/l/email-protection#4a0f262b23242f642d3f2626253e3e2b0a25392e64272326"><span class="__cf_email__" data-cfemail="83c6efe2eaede6ade4f6efefecf7f7e2c3ecf0e7adeeeaef">[email protected]</span></a>.

Agenda: 
0900 Convene.
0905 Oath of Office (Mr. Wilson).
0910 Review of Last Meeting Minutes.
0930 Honorable Thomas E. Hall, Assistant Secretary of Defense Reserve 
Affairs.
0940 Admiral Giambastiani, Vice Chairman, Joint Chiefs of Staff.
1000 Honorable Gordon R. England, Deputy Secretary of Defense.
1015 Major General Raymond Carpenter, Special Assistant to the 
Director, Army National Guard, Impact of DoD policy changes for future 
mobilizations.
1100 Lieutenant General Jack C. Stultz, Chief, Army Reserve.
1130 Lunch (Executive Dining Room, <greek-i>4).
1300 Ms. Kathy Naylor, Director Executive Leadership, Unisys, The 
Shared Resource-Communications and Outreach to Employers.
1330 Mr. Gordon Summer, Executive Director ESGR.
1345 Honorable David S.C. Chu, Under Secretary of Defense Personnel and 
Readiness.
1400 Board Discussion.
1500 Mr. Dave Janes, Chairman ESGR, Remarks.
1515 Adjourn.

Location: Pentagon Room (2E223), OSD-RA.

    Dated: April 6, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.
[FR Doc. 07-1829 Filed 4-12-07; 8:45 am]
BILLING CODE 5001-06-M


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<PAGE>

                                                      EXHIBIT 21

                    AERIAL COMMUNICATIONS, INC.
            SUBSIDIARIES OF AERIAL COMMUNICATIONS, INC.


<TABLE>
<CAPTION>
                                                    STATE OF
                                                  INCORPORATION
                                                       OR
         LEGAL NAME                                ORGANIZATION
        -------------                             --------------
      <S>                                         <C>
        APT Operating Company, Inc.                 Delaware

        APT Columbus, Inc.                          Delaware

        APT Kansas City, Inc.                       Delaware

        APT Tampa/Orlando, Inc.                     Delaware

        APT Minneapolis, Inc.                       Delaware

        APT Houston, Inc.                           Delaware

        APT Pittsburgh Limited Partnership          Delaware

        APT Pittsburgh General Partner, Inc.        Delaware
</TABLE>
**UN PUBLISHED** 
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 11**  **- 4515** 

UNITED STATES OF AMERICA , Plaintiff

- Appellee ,
v. GARY NIEL HOOD , Defendant

- Appellant
.

Appeal from the United States District Court for the Western District of North Carolina , at Charlotte
. Frank D. Whitney , District Judge. ( 3:08

- cr - 00257

- FDW

- 1 )

Submitted : March 21, 2012 Decided: April 4, 2012

Before WILKINSON, AGEE, and DAVIS , Circuit Judges.

Affirmed by un published per curiam opinion
. Angela G. Parrott, Director, Erin K. Taylor, Ross H. Richardson, FEDERAL DEFENDERS OF WESTERN NORTH CAROLINA, INC., Charlotte, North Carolina, for Appellant. Anne M. Tompkins, United States Attorney, Amy E. Ray, Assistant United States Attorney, Ashevil le, North Carolina, for Appellee.
Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM: Gary Niel Hood pled guilty to carjacking, 18 U.S.C.
§ 2119 (2006); using a firearm in commission of a carjacking, 18
U.S.C. § 924(c) (2006); and possessing a firearm after having been convicted of a felony, 18 U.S.C. § 922(g)(1) (2006). On appeal, h e argues that the district court imposed improper conditions of supervised release. We affirm. The contested conditions of supervised release i nclude psycho

- sexual evaluations, psychological testing, possible sex

offender treatment, and a ban against possessing child pornography and simulated child pornography. Because

“ [ d ] istrict courts have broad latitude to impose conditions on supervised rel ease,” we review such conditions only for abuse of discretion. United States v. Armel , 585 F.3d 182, 186 (4th Cir. 2009). The sentencing court may impose any condition that is reasonably related to the relevant statutory sentencing factors
. 18 U.S.C. § 3553(a) ( 2006 ); Armel , 585 F.3d at 186. In light of the broad discretion afforded district courts in the imposition of supervised release conditions and in light of Hoo d’s particular criminal history, we find that the district court did not abuse its dis cretion in imposing the challenged conditions of supervised release. Accordingly, we affirm the district court’s judgment. We dispense with oral argument because the facts and legal3 contentions are adequately presented in the materials before the
court and argument would not aid the decisional process.
AFFIRMED
#### § 4.40-20 Cause or probable cause determinations from Board investigation.

After an investigation conducted by the Board under § 4.40-15, the Board determines cause or probable cause and issues a report of that determination.
1 

UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

OTIS NELSON, 

 Plaintiff, Case No. 2:15-cv-11775 

 Hon. Laurie J. Michelson 

 vs. Magistrate Judge Mona K. Majzoub 

EQUIFAX INFORMATION 

SERVICES, LLC, a Georgia 

Corporation; EXPERIAN 

INFORMATION SOLUTIONS, an 

Ohio Corporation; TRANS UNION, LLC, 

a Delaware limited liability company; and 

FIRST PREMIER BANK, a foreign corporation; 

 Defendants. 

________________________________________________________________ 

STIPULATION TO DISMISS DEFENDANT, TRANS UNION, LLC, ONLY, 

WITH PREJUDICE 

 Plaintiff and Trans Union, LLC, (“Trans Union”), through their counsel, 

stipulate and agree that all claims herein between Plaintiff and Trans Union have 

been settled and that Defendant Trans Union should be dismissed with prejudice 

and without costs or fees awarded to either party. 

/s/ Gary D. Nitzkin /s/ Justin T. Walton 

GARY D. NITZKIN (P41155) JUSTIN T. WALTON(IN #29540-49) 

Attorneys for Plaintiff Attorney for Defendant 

22142 West Nine Mile Road Schuckit & Associates, P.C. 

Southfield, MI 48033 4545 Northwestern Drive 

(248) 353-2882 Zionsville, IN 46077 

email – gnitzkin@creditor-law.com (317) 363-2400 

 email- jwalton@schuckitlaw.com 

Case 2:15-cv-11775-LJM-MKM ECF No. 19 filed 07/29/15 PageID.149 Page 1 of 3
2 

UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

OTIS NELSON, 

 Plaintiff, Case No. 2:15-cv-11775 

 Hon. Laurie J. Michelson 

 vs. Magistrate Judge Mona K. Majzoub 

EQUIFAX INFORMATION 

SERVICES, LLC, a Georgia 

Corporation; EXPERIAN 

INFORMATION SOLUTIONS, an 

Ohio Corporation; TRANS UNION, LLC, 

a Delaware limited liability company; and 

FIRST PREMIER BANK, a foreign corporation; 

 Defendants. 

__________________________________________________________________ 

 ORDER OF DISMISSAL 

WITH PREJUDICE AND WITHOUT COST 

IT IS HEREBY ORDERED that Defendant, Trans Union, LLC, only, is 

hereby dismissed with prejudice and without cost to any party. 

s/Laurie J. Michelson 

LAURIE J. MICHELSON 

UNITED STATES DISTRICT JUDGE 

 Dated: July 29, 2015 

Case 2:15-cv-11775-LJM-MKM ECF No. 19 filed 07/29/15 PageID.150 Page 2 of 3
3 

CERTIFICATE OF SERVICE 

The undersigned certifies that a copy of the foregoing document was served on the attorneys 

and/or parties of record by electronic means or U.S. Mail on July 29, 2015. 

 s/Jane Johnson 

Case Manager to 

 Honorable Laurie J. Michelson 

 

Case 2:15-cv-11775-LJM-MKM ECF No. 19 filed 07/29/15 PageID.151 Page 3 of 3
§ 34.60-10 Location—T/ALL. ( a ) Fire axes shall be distributed throughout the spaces so as to be most readily available in the event of emergency.
( b ) If fire axes are not located in the open, or behind glass, so that they may readily be seen, they may be placed in enclosures together with the fire hose, provided such enclosures are marked as required by § 35.40-15 of this subchapter.
#### § 309.1 Procedure.

The Ship Valuation Committee, Maritime Administration, shall publish bianually in the notice section of the Federal Register a general notice which shall set forth the stated valuations of individual vessels upon which interim binders for war risk hull insurance have been issued. Such values shall be effective with respect to a six-month period commencing on January 1 and ending on June 30, or a six-month period commencing on July 1 and ending on December 31 of each calendar year; *Provided, however,* That if there is a substantial change in market values during the effective period of a state valuation, the Maritime Administration reserves the right to revise such valuations at any time during such period.