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

113TH CONGRESS 

1ST SESSION S. 1288 

To amend rule 11 of the Federal Rules of Civil Procedure to improve attorney 

accountability, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 11, 2013 

Mr. GRASSLEY (for himself, Mr. COBURN, and Mr. RUBIO) introduced the following bill; which was read twice and referred to the Committee on the 

Judiciary 

A BILL 

To amend rule 11 of the Federal Rules of Civil Procedure 

to improve attorney accountability, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lawsuit Abuse Reduc5 tion Act of 2013’’. 

6 SEC. 2. ATTORNEY ACCOUNTABILITY. 

7 (a) SANCTIONS UNDER RULE 11.—Rule 11(c) of the 

8 Federal Rules of Civil Procedure is amended— 

9 (1) in paragraph (1), by striking ‘‘may’’ and in10 serting ‘‘shall’’; 


tkelley on DSK3SPTVN1PROD with BILLS
2 

•S 1288 IS

1 (2) in paragraph (2), by striking ‘‘Rule 5’’ and 

2 all that follows through ‘‘motion.’’ and inserting 

3 ‘‘rule 5.’’; and 

4 (3) in paragraph (4), by striking ‘‘situated’’ 

5 and all that follows through the end of the para6 graph and inserting ‘‘situated, and to compensate 

7 the parties that were injured by such conduct. Sub8 ject to the limitations in paragraph (5), the sanction 

9 shall consist of an order to pay to the party or par10 ties the amount of the reasonable expenses incurred 

11 as a direct result of the violation, including reason12 able attorneys’ fees and costs. The court may also 

13 impose additional appropriate sanctions, such as 

14 striking the pleadings, dismissing the suit, or other 

15 directives of a nonmonetary nature, or, if warranted 

16 for effective deterrence, an order directing payment 

17 of a penalty into the court’’. 

18 (b) RULE OF CONSTRUCTION.—Nothing in this Act 

19 or an amendment made by this Act shall be construed to 

20 bar or impede the assertion or development of new claims, 

21 defenses, or remedies under Federal, State, or local laws, 

22 including civil rights laws, or under the Constitution of 

23 the United States. 

Æ 


tkelley on DSK3SPTVN1PROD with BILLS
<PAGE>
 
                                                            EXHIBIT 23.3



                   CONSENT OF INDEPENDENT PUBLIC ACCOUNTANTS



  As independent public accountants we hereby consent to the use of our report
  on the consolidated financial statements of Visual Software, Inc. and
  subsidiaries dated March 18, 1996 included in this Form 10-K of Micrografx,
  Inc.  It should be noted that we have audited the consolidated financial
  statements of Visual Software, Inc. and subsidiaries for the years ended June
  30, 1995 and 1994.  We have not audited any financial statements subsequent to
  June 30, 1995 or performed any audit procedures subsequent to the date of our
  report.


                                 /s/  ROTH BOOKSTEIN & ZASLOW LLP


  Los Angeles, California
     September 15, 1997
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 766 Engrossed in House (EH)]

H. Res. 766

                In the House of Representatives, U. S.,

                                                      December 3, 2014.
    Resolved, That upon adoption of this resolution it shall be in order to 
consider in the House the bill (H.R. 5771) to amend the Internal Revenue Code of 
1986 to extend certain expiring provisions and make technical corrections, and 
for other purposes. All points of order against consideration of the bill are 
waived. The amendment printed in part A of the report of the Committee on Rules 
accompanying this resolution shall be considered as adopted. The bill, as 
amended, shall be considered as read. All points of order against provisions in 
the bill, as amended, are waived. The previous question shall be considered as 
ordered on the bill, as amended, and on any further amendment thereto, to final 
passage without intervening motion except: (1) one hour of debate equally 
divided and controlled by the chair and ranking minority member of the Committee 
on Ways and Means; and (2) one motion to recommit with or without instructions.
    Sec. 2.  Upon adoption of this resolution it shall be in order to consider 
in the House the bill (H.R. 647) to amend the Internal Revenue Code of 1986 to 
provide for the tax treatment of ABLE accounts established under State programs 
for the care of family members with disabilities, and for other purposes. All 
points of order against consideration of the bill are waived. In lieu of the 
amendment in the nature of a substitute recommended by the Committee on Ways and 
Means now printed in the bill, the amendment in the nature of a substitute 
printed in part B of the report of the Committee on Rules accompanying this 
resolution shall be considered as adopted. The bill, as amended, shall be 
considered as read. All points of order against provisions in the bill, as 
amended, are waived. The previous question shall be considered as ordered on the 
bill, as amended, and on any further amendment thereto, to final passage without 
intervening motion except: (1) one hour of debate equally divided and controlled 
by the chair and ranking minority member of the Committee on Ways and Means; and 
(2) one motion to recommit with or without instructions.
    Sec. 3.  In the engrossment of H.R. 5771 the Clerk shall--
     (a) add the text of H.R. 647, as passed by the House, as new matter at the 
end of H.R. 5771;
    (b) conform the title of H.R. 5771 to reflect the addition of H.R. 647, as 
passed by the House, to the engrossment;
    (c) assign appropriate designations to provisions within the engrossment; 
and
    (d) conform cross-references and provisions for short titles within the 
engrossment.
            Attest:

                                                                          Clerk.
```
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-6800

MICHAEL F. DEHONEY,

Plaintiff - Appellant,

versus

GARY MAYNARD; JOYCE LAWTON; COCIE RUSHTON,

Defendants - Appellees.

Appeal from the United States District Court for the District of

South Carolina, at Anderson. Margaret B. Seymour, District Judge.

(CA-02-321)

Submitted: August 14, 2003 Decided: August 21, 2003

Before WILLIAMS, KING, and GREGORY, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Michael F. Dehoney, Appellant Pro Se. John Evans James, III, LEE,

ERTER, WILSON, JAMES, HOLLER & SMITH, L.L.C., Sumter, South

Carolina, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Michael F. Dehoney appeals the district court’s order

accepting the recommendation of the magistrate judge and dismissing

his 42 U.S.C. § 1983 (2000) complaint without prejudice for failure

to exhaust administrative remedies and the order denying the motion

for reconsideration. The district court properly required

exhaustion of administrative remedies under 42 U.S.C. § 1997e(a)

(2000). Because Dehoney did not demonstrate to the district court

that he had exhausted administrative remedies or that such remedies

were not available, the court’s dismissal of the action, without

prejudice, was not an abuse of discretion. Accordingly, we affirm

the district court’s orders. We dispense with oral argument because

the facts and legal contentions are adequately presented in the

materials before the court and argument would not aid the

decisional process.

AFFIRMED
<PAGE>   1
                                                                    EXHIBIT 12.1


                            PAGEMART WIRELESS, INC.
               COMPUTATION OF RATIO OF EARNINGS TO FIXED CHARGES
                                 (IN THOUSANDS)
                                  (UNAUDITED)

<TABLE>
<CAPTION>
                                                                                                        THREE MONTHS  SIX MONTHS
                                       YEAR ENDED    YEAR ENDED    YEAR ENDED   YEAR ENDED   YEAR ENDED     ENDED        ENDED
                                      DECEMBER 31,  DECEMBER 31,  DECEMBER 31, DECEMBER 31, DECEMBER 31,   JUNE 30,     JUNE 30,
                                         1994          1995          1996        1997         1998(1)        1999         1999
                                      ------------  ------------  ------------ ------------ ----------- ------------  ----------
<S>                                   <C>           <C>           <C>          <C>          <C>          <C>          <C>
Earnings:
  Net loss .........................    $(45,813)    $(53,113)    $(45,598)    $(43,887)    $(59,316)    $(25,348)    $(50,551)
  Add: Amount of
     previously capitalized
     interest amortized ............          --           --           --           --          252          572        1,144
  Add: Fixed charges ...............      12,933       30,720       35,041       38,499       43,798       16,430       31,455
                                        --------     --------     --------     --------     --------     --------     --------
  Adjusted earnings ................     (32,880)     (22,393)     (13,557)      (5,388)     (15,266)      (8,346)     (17,952)


Fixed charges:
  Interest in
     indebtedness ..................      11,209       28,383       32,368       36,672       52,645       15,849       30,518
  Amortization of debt
     issuance costs ................         800        1,052        2,143          844        1,172          319          633
  Interest portion
     of rental and
     lease expense .................         924        1,285          530          983        1,428          262          304
                                        --------     --------     --------     --------     --------     --------     --------
 Fixed charges .....................      12,933       30,720       35,041       38,499       55,245       16,430       31,455


Deficiency of
     earnings available to
     cover fixed charges ...........    $(45,813)    $(53,113)    $(48,598)    $(43,887)    $(70,511)    $(24,776)    $(49,407)
                                        ========     ========     ========     ========     ========     ========     ========

Earnings to fixed charges ratio ....          --           --           --           --           --           --           --
</TABLE>


(1) The fixed charge adjustment to earnings excludes $11.4 million of
    capitalized interest for the year ended December 31, 1998.
<TABLE> <S> <C>

<ARTICLE>                                    7
<CIK>                         0000757641
<NAME>                        BNL Financial Corporation
<CURRENCY>                               U.S. dollars>

<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               DEC-31-1999
<EXCHANGE-RATE>                                      1
<DEBT-HELD-FOR-SALE>                          10344845
<DEBT-CARRYING-VALUE>                                0
<DEBT-MARKET-VALUE>                                  0
<EQUITIES>                                        3312
<MORTGAGE>                                           0
<REAL-ESTATE>                                        0
<TOTAL-INVEST>                                10348157
<CASH>                                         1419619
<RECOVER-REINSURE>                               40051
<DEFERRED-ACQUISITION>                          352186
<TOTAL-ASSETS>                                13949400
<POLICY-LOSSES>                                4003680
<UNEARNED-PREMIUMS>                             214352
<POLICY-OTHER>                                 3482839
<POLICY-HOLDER-FUNDS>                           223823
<NOTES-PAYABLE>                                      0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                        466239
<OTHER-SE>                                     3838895
<TOTAL-LIABILITY-AND-EQUITY>                  13949400
<PREMIUMS>                                    29730251
<INVESTMENT-INCOME>                             775148
<INVESTMENT-GAINS>                               27745
<OTHER-INCOME>                                       0
<BENEFITS>                                    21150490
<UNDERWRITING-AMORTIZATION>                      27732
<UNDERWRITING-OTHER>                           3887473
<INCOME-PRETAX>                                 206979
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    206979
<EPS-BASIC>                                       0.01
<EPS-DILUTED>                                     0.01
<RESERVE-OPEN>                                 2508175
<PROVISION-CURRENT>                                  0
<PROVISION-PRIOR>                                    0
<PAYMENTS-CURRENT>                            18100208
<PAYMENTS-PRIOR>                               2621535
<RESERVE-CLOSE>                                2729175
<CUMULATIVE-DEFICIENCY>                       (113360)



</TABLE>
EXHIBIT 31.1

I, R. David Graupner, Chief Executive Officer, certify that:

1. I have reviewed this annual report on Form 10-KSB of TM Century, Inc. a
Delaware Corporation;
2.  Based on my  knowledge,  this  annual  report  does not  contain  any untrue
statement of a material fact or omit to state a material fact  necessary to make
the statements made, in light of the  circumstances  under which such statements
were made,  not  misleading  with  respect to the period  covered by this annual
report;
3. Based on my knowledge, the financial statements, and other financial
information included in this annual report, fairly present in all material
respects the financial condition, results of operations and cash flows of the
registrant as of, and for, the periods presented in this annual report;
4.  The  registrant's  other  certifying  officers  and  I are  responsible  for
establishing  and  maintaining  disclosure  controls and  procedures (as defined
Exchange Act Rules 13a-14 and 15d-14) for the registrant and have:
a) designed  such  disclosure  controls and  procedures  to ensure that material
information relating to the registrant, including its consolidated subsidiaries,
is made known to us by others  within those  entities,  particularly  during the
period in which this annual report is being prepared;
b) evaluated  the  effectiveness  of the  registrant's  disclosure  controls and
procedures  as of a date  within 90 days prior to the filing date of this annual
report (the "Evaluation Date"); and
c) presented in this annual report our conclusions  about the  effectiveness  of
the  disclosure  controls  and  procedures  based  on our  evaluation  as of the
Evaluation Date;
5. The registrant's other certifying officers and I have disclosed, based on our
most recent evaluation,  to the registrant's auditors and the audit committee of
registrant's   board  of  directors  (or  persons   performing   the  equivalent
functions):
a) all significant  deficiencies in the design or operation of internal controls
which  could  adversely  affect the  registrant's  ability  to record,  process,
summarize and report  financial data and have  identified  for the  registrant's
auditors any material weaknesses in internal controls; and
b) any  fraud,  whether  or not  material,  that  involves  management  or other
employees who have a significant role in the registrant's internal controls; and
6. The  registrant's  other  certifying  officers  and I have  indicated in this
annual report whether or not there were significant changes in internal controls
or in other factors that could significantly affect internal controls subsequent
to the date of our most recent evaluation, including any corrective actions with
regard to significant deficiencies and material weaknesses.

Date:  December 23, 2003

/s/R. David Graupner, Chief Executive Officer
---------------------------------------------
Principal Executive Officer
**EXHIBIT 23.1**

 

**Consent of IndependentRegistered Public Accounting Firm**

 

We consent tothe use of our report dated December 7, 2005, relating to the consolidatedfinancial statements of Analytical Surveys, Inc. and Subsidiaries (the “Company”)as of and for the years ended September 30, 2005 and 2004, appearing inthe Annual Report on Form 10-KSB of Analytical Surveys, Inc. as of September 30,2005.

 

Our reportcontains an explanatory paragraph that states that the Company has sufferedsignificant operating losses in 2005 and prior years and does not currentlyhave external financing in place to fund working capital requirements, whichraises substantial doubt about the Company’s ability to continue as a goingconcern.  The consolidated financialstatements do not include any adjustments that might result from the outcome ofthis uncertainty.

 

 
| /s/ PANNELL KERR FORSTER OF TEXAS, P.C. |   |
|-----------------------------------------|--------|

 

Houston, Texas

December 27, 2005

 

1

----
EPA Meeting with Airlines for America January 26 , 2012

**Attendees:** EPA OUST: Mark Barolo, Liz McDermott, Li nda Gerber , Paul Miller, Tim Roberts, Erin Knighton, Cho Yi Kwan , Dave Hamnett

Airlines for America : Grant Smith, Burns and McDonnell Engineering Steve Barker, Airlines for America Tom Richichi, Beveridge and Diamond Bethan y French, Beveridge and Diamond Tim Pohle, Airlines for America

At this meeting EPA and the Airlines for America discussed the proposed changes to the UST regulations . The dis cussion focused on the proposed changes to previously deferred airport hy drant sy stems and the universe of commercial airports that would fall under the proposed regulations.
#### Joel HELMS, and Olen “Willie” Williams, as Chairman of the Board of County Commissioners, and the Board of County Commissioners of Okaloosa County, Florida, Appellants, v. Nelson P. DAVIS, Appellee.

No. N-351.

District Court of Appeal of Florida, First District.

Aug. 31, 1971.

Barrow & Holley, Crestview, and Smith, Tolton & Wolff, Fort Walton Beach, for appellants.

Moore & Crump, Tallahassee, for ap-pellee.

PER CURIAM.

Reversed on the authority of the companion case, Barefield et al. v. Davis, 251 So.2d 699, opinion filed this date.

Reversed.

CARROLL, DONALD K., Acting C. J., and RAWLS and JOHNSON, JJ., concur.
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<MULTIPLIER> 1,000

<S>                             <C>                     <C>
<PERIOD-TYPE>                   3-MOS                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000             DEC-31-2000
<PERIOD-START>                             JUN-26-2000             DEC-27-1999
<PERIOD-END>                               SEP-24-2000             SEP-24-2000
<CASH>                                           2,165                       0
<SECURITIES>                                         0                       0
<RECEIVABLES>                                   62,604                       0
<ALLOWANCES>                                       400                       0
<INVENTORY>                                     64,259                       0
<CURRENT-ASSETS>                               151,219                       0
<PP&E>                                         731,046                       0
<DEPRECIATION>                                 489,458                       0
<TOTAL-ASSETS>                                 471,476                       0
<CURRENT-LIABILITIES>                          797,115                       0
<BONDS>                                              0                       0
<PREFERRED-MANDATORY>                                0                       0
<PREFERRED>                                          0                       0
<COMMON>                                        48,560                       0
<OTHER-SE>                                   (456,736)                       0
<TOTAL-LIABILITY-AND-EQUITY>                   471,476                       0
<SALES>                                        153,491                 466,326
<TOTAL-REVENUES>                               153,491                 466,326
<CGS>                                          150,060                 464,648
<TOTAL-COSTS>                                  251,181                 586,059
<OTHER-EXPENSES>                                 5,257                  12,160
<LOSS-PROVISION>                                     0                       0
<INTEREST-EXPENSE>                               8,460                  33,840
<INCOME-PRETAX>                              (111,407)               (165,733)
<INCOME-TAX>                                     (560)                   (164)
<INCOME-CONTINUING>                          (110,847)               (165,569)
<DISCONTINUED>                                       0                       0
<EXTRAORDINARY>                                      0                       0
<CHANGES>                                            0                       0
<NET-INCOME>                                 (110,847)               (165,569)
<EPS-BASIC>                                    (10.48)                 (15.68)
<EPS-DILUTED>                                  (10.48)                 (15.68)


</TABLE>
-   
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