alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
WILLIAM SHEPARD,

Appellant,

v.

STATE OF FLORIDA,

Appellee.

IN THE DISTRICT COURT OF APPEAL

FIRST DISTRICT, STATE OF FLORIDA

NOT FINAL UNTIL TIME EXPIRES TO 

FILE MOTION FOR REHEARING AND 

DISPOSITION THEREOF IF FILED

CASE NO. 1D16-2202

_____________________________/

Opinion filed December 6, 2016.

An appeal from the Circuit Court for Taylor County.

Gregory S. Parker, Judge.

Nancy A. Daniels, Public Defender, Archie F. Gardner, Jr., Assistant Public 

Defender, Tallahassee, for Appellant.

No appearance for Appellee.

PER CURIAM.

AFFIRMED.

ROBERTS, C.J., JAY and WINSOR, JJ., CONCUR.
* 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that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .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 February 21, 2006 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-10976 Summary Calendar

YOLANDA WILLIAMS, Plaintiff-Appellant,

versus

CINTAS CORPORATION; EXPECT FIRST AID CORPORATION, A Division of Cintas Corporation, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Northern District of Texas

USDC No. 3:05-CV-668

-------------------- Before KING, WIENER, and DeMOSS, Circuit Judges.
PER CURIAM: * In November 2000, Yolanda Williams (“Plaintiff”) executed an employment agreement with Cintas Corporation and Expect First Aid Corporation (“Defendants”) which contained a compulsory arbitration clause requiring all disputes regarding the employment to be submitted to binding arbitration. In March 2003, Plaintiff initiated her first lawsuit against Defendants asserting claims for racial discrimination and retaliation in violation of Title VII and 42 U.S.C. § 1981. Defendants moved toNo. 05-10976 -2- compel arbitration and dismiss the lawsuit in April 2003, and in June 2003, the district court entered an order granting Defendants’ motion to compel arbitration. The parties proceeded to arbitration under the supervision of the American Arbitration Association. In January 2005, the arbitrator issued his award denying all of Plaintiff’s requested relief. In March 2005, the arbitrator denied Plaintiff’s request for modification of the arbitrator’s award. In April 2005, Plaintiff initiated her second lawsuit against Defendants, once again claiming discrimination and retaliation under Title VII and 42 U.S.C. § 1981. On motion of Defendants, the district court dismissed Plaintiff’s second complaint for failure to state a claim upon which relief could be granted under Rule 12(b)(6). Plaintiff appealed to this Court. We have carefully reviewed the briefs, the record excerpts, the reply brief and relevant portions of the record itself. For the reasons stated by the district court in its memorandum opinion and order filed July 15, 2005, we affirm the final judgment entered by the district court on July 25, 2005.
AFFIRMED.
<PAGE>   1

                                                                      EXHIBIT 23

                       CONSENT OF INDEPENDENT ACCOUNTANTS

We consent to the incorporation by reference in the registration statements of 
OpenROUTE Networks, Inc. on Form S-8 (File No. 333-61545 and File No. 333-31055)
of our reports dated February 11, 1998, except as to the segment information 
for the years ended December 31, 1997 and 1996 presented in Note 8, for which 
the date is March 26, 1999, on our audits of the consolidated financial 
statements and financial statement schedule of OpenROUTE Networks, Inc. as of 
December 31, 1997 and 1996, and for the two years ended December 31, 1997 which 
reports are included or incorporated by reference in this Annual Report on Form 
10-K.

                                                      PricewaterhouseCoopers LLP

Boston, Massachusetts
March 31, 1999
II 

115TH CONGRESS 

1ST SESSION S. 2126 

To amend the Sarbanes-Oxley Act of 2002 to provide a temporary exemption 

for low-revenue issuers from certain auditor attestation requirements. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 15, 2017 

Mr. TILLIS (for himself and Mr. PETERS) introduced the following bill; which 

was read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

A BILL 

To amend the Sarbanes-Oxley Act of 2002 to provide a 

temporary exemption for low-revenue issuers from certain 

auditor attestation requirements. 

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 ‘‘Fostering Innovation 

5 Act of 2017’’. 


dlhill on DSK3GLQ082PROD with BILLS
2 

•S 2126 IS

1 SEC. 2. TEMPORARY EXEMPTION FOR LOW-REVENUE 

2 ISSUERS. 

3 Section 404 of the Sarbanes-Oxley Act of 2002 (15 

4 U.S.C. 7262) is amended by adding at the end the fol5 lowing: 

6 ‘‘(d) TEMPORARY EXEMPTION FOR LOW-REVENUE

7 ISSUERS.— 

8 ‘‘(1) DEFINITIONS.—In this subsection— 

9 ‘‘(A) the term ‘average annual gross reve10 nues’ means the total gross revenues of an 

11 issuer over its most recently completed 3 fiscal 

12 years divided by 3; 

13 ‘‘(B) the term ‘emerging growth company’ 

14 has the meaning given the term in section 3 of 

15 the Securities Exchange Act of 1934 (15 

16 U.S.C. 78c); and 

17 ‘‘(C) the term ‘large accelerated filer’ has 

18 the meaning given the term in section 240.12b– 

19 2 of title 17, Code of Federal Regulations (or 

20 any successor regulation). 

21 ‘‘(2) LOW-REVENUE EXEMPTION.—Subsection 

22 (b) shall not apply with respect to an audit report 

23 prepared for an issuer that— 

24 ‘‘(A) ceased to be an emerging growth 

25 company on the last day of the fiscal year of 

26 the issuer following the 5-year period beginning 


dlhill on DSK3GLQ082PROD with BILLS
3 

•S 2126 IS

1 on the date of the first sale of common equity 

2 securities of the issuer pursuant to an effective 

3 registration statement under the Securities Act 

4 of 1933 (15 U.S.C. 77a et seq.); 

5 ‘‘(B) had average annual gross revenues of 

6 less than $50,000,000 as of its most recently 

7 completed fiscal year; and 

8 ‘‘(C) is not a large accelerated filer. 

9 ‘‘(3) EXPIRATION OF TEMPORARY EXEMP10 TION.—An issuer ceases to be eligible for the exemp11 tion described under paragraph (1) on the earlier 

12 of— 

13 ‘‘(A) the last day of the fiscal year of the 

14 issuer following the 10-year period beginning on 

15 the date of the first sale of common equity se16 curities of the issuer pursuant to an effective 

17 registration statement under the Securities Act 

18 of 1933 (15 U.S.C. 77a et seq.); 

19 ‘‘(B) the last day of the fiscal year of the 

20 issuer during which the average annual gross 

21 revenues of the issuer exceed $50,000,000; or 

22 ‘‘(C) the date on which the issuer becomes 

23 a large accelerated filer.’’. 

Æ 


dlhill on DSK3GLQ082PROD with BILLS
*OPINION ISSUED JULY 3, 2007*

#### JENNIFER L. MULLEN-THAXTON and CHRISTOPHER A. THAXTON VS. DIVISION OF HIGHWAYS

(CC-06-149)

Claimants appeared *pro se.*

Jason C. Workman, Attorney at Law, for respondent

PER CURIAM:

Claimants brought this action for vehicle damage which occurred when their *171999 Oldsmobile Alero struck a rock while claimant Christopher A. Thaxton was traveling southbound on 1-77 near the 1-79 interchange in Charleston, Kanawha County. 1-77 is a road maintained by respondent in Kanawha County. The Court is of the opinion to deny this claim for the reasons more fully set forth below.

The incident giving rise to this claim occurred at approximately 4:20 p.m. on April 21, 2006. 1-77 is a four-lane road at the location of claimant’s accident. Mr. Thaxton testified that he was traveling in his right hand lane with a vehicle in front of him and some other vehicles in the left lane. He stated that the vehicle in front of him swerved around something and that he then noticed a rock in the road. Mr. Thaxton testified that he attempted to avoid the rock, but that his vehicle’s rear tire struck the rock. Mr. Thaxton stated that the rock was approximately eight inches wide. Claimants’ vehicle struck the rock and sustained damage to a rim and a tire totaling $259.70.

The position of the respondent was that it did not have notice of the rocks on I-77. Steve Knight, Transportation Crew Supervisor for respondent in Kanawha County, testified that this is not an area where he could ever recall having rock falls. He further stated that there were no records of any complaints or rock falls from the date of claimants’ incident. Respondent maintains that there was no prior notice of any rocks on 1-77 immediately prior to the incident in question.

It is a well-established principle that the State is neither an insurer nor a guarantor of the safety of motorists upon its highways. *Adkins v. Sims,*130 W.Va. 645, 46 S.E.2d 81 (1947). To hold respondent liable, claimant must establish by a preponderance of the evidence that respondent had actual or constructive notice of the road defect at issue and a reasonable amount of time to take corrective action. *Chapman v. Dept. of Highways,*16 Ct. Cl. 103 (1986); *Pritt v. Dept. of Highways,*16 Ct. Cl. 8 (1985). In rock fall claims, this Court has held that the unexplained falling of a rock onto a highway without a positive showing that respondent knew or should have known of a dangerous condition posing injury to person or property is insufficient to justify an award. *Coburn v. Dept. of Highways,*16 Ct. Cl. 68 (1985).

In the present claim, claimants have not established that respondent failed to take adequate measures to protect the safety of the traveling public on 1-77 in Kanawha County. While the Court is sympathetic to claimants’ plight, the fact remains that there is no evidence of negligence on the part of respondent upon which to base an award.

In accordance with the findings of fact and conclusions of law stated herein above, the Court is of the opinion to and does deny this claim.

Claim disallowed.
Exhibit
32.2




Written
Statement of Chief Financial Officer


Pursuant
to Section 906 of The Sarbanes-Oxley Act of 2002





In
connection with the Annual Report of Jeffersonville Bancorp (the “Company”) on
Form 10-K for the period ending December 31, 2008 as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), the undersigned
hereby certifies to his knowledge on the date hereof, that:





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 result of operations of the
      Company.





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 Jeffersonville Bancorp and will be retained
by Jeffersonville Bancorp and furnished to the Securities and Exchange
commission or its staff upon request.





/s/
      John A. RussellJohn
      A. RussellMarch
      23, 2009
            Treasurer
      and Chief Financial Officer
Page 1 of 3

Disposition Comments

Docket No: FAA-2014-0452 These comments are in

Directorate ID: 2013-NM-185-AD response to an SNPRM

Originating Office Tracking No.: 2013-0148

Next Step: FRAN SNPRM

 No Comments/Only Supportive Comments Received – If this box is checked, no signatures are 

required.

No Has the referenced service information been revised since the NPRM was issued? If yes,

list latest revision and attach a copy. Note that changes beyond the scope of the previously 

published NPRM will require a new notice. Contact the Directorate focal point for guidance.

Instructions: Summarize all comments by issue (not by commenter) and provide your recommended resolution of 

each issue. All comments relating to the same issue should be discussed together. Do not list all of the issues 

from one commenter together. If changes to the AD are required based on the comments received, explain why and 

describe in detail what change(s) you recommend. Reference FAA-IR-M-8040.1C Chapter 9.

ISSUE 1: Select one of the following: 

If other, explain: 

Commenter(s): 

What change to the AD action is requested? 

Why is the change requested or how is it justified? 

Do we agree? 

If YES, we agree because Make the following changes to the AD: 

If PARTIALLY AGREE, we agree with because We disagree with because 

Make the following changes to the AD: 

If NO, we don’t agree because 

ISSUE 2: Select one of the following: 

If other, explain: 

Commenter(s): 

What change to the AD action is requested? 

Why is the change requested or how is it justified? 

Do we agree? 

If YES, we agree because Make the following changes to the AD: 

If PARTIALLY AGREE, we agree with because We disagree with because 

Make the following changes to the AD:
Page 2 of 3

If NO, we don’t agree because 

For additional issues, double-click here
Page 3 of 3

Signature Section

Signature indicates concurrence with this action.

Originating Office Tracking No.: 

ASE Printed Name: Date

Branch Manager Date
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2216 Introduced in Senate (IS)]

<DOC>

115th CONGRESS
  1st Session
                                S. 2216

  To waive and repay certain debts relating to assistance provided to 
                      individuals and households.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           December 11, 2017

 Mr. Menendez (for himself, Mr. Schumer, Mr. Kennedy, Mr. Booker, Mr. 
Cassidy, and Mrs. Gillibrand) introduced the following bill; which was 
   read twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
  To waive and repay certain debts relating to assistance provided to 
                      individuals and households.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Disaster Assistance Recoupment 
Fairness Act of 2017''.

SEC. 2. DEBTS ARISING SINCE 2012.

    (a) Definition.--In this section, the term ``covered assistance'' 
means assistance provided--
            (1) under section 408 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5174); and
            (2) in relation to a major disaster declared by the 
        President under section 401 of the Robert T. Stafford Disaster 
        Relief and Emergency Assistance Act (42 U.S.C. 5170) during the 
        period beginning on January 1, 2012, and ending on the date of 
        enactment of this Act.
    (b) Waiver Authority.--The Administrator of the Federal Emergency 
Management Agency shall waive a debt owed to the United States related 
to covered assistance provided to an individual or household, unless 
the debt involves fraud, the intentional presentation of a false claim, 
or intentional misrepresentation by the debtor or any party having an 
interest in the claim.
    (c) Repayment Authority.--The Administrator of the Federal 
Emergency Management Agency shall reimburse a debtor for any payments 
made by the debtor on a debt owed to the United States related to 
covered assistance, if the Administrator would have otherwise been 
required to waive the debt under subsection (b).
                                 <all>
```
DEPARTMEN T O F TH E ARM Y " '-4RTMEN T O F INSTALLATIO N MANAGEMEN T COMMAN D '' ^ COnQTATin W HEADQUARTERS , UNITE D STATE S ARM Y GARRISON , FOR T LEONAR D WOOffi i ViilA'Iyir . 32 0 MANSCE N LOOP , SUIT E 12 0 " - ^ FOR T LEONAR D WOOD , MO 65473-892 9 

### W OPER/VTION S

REPL Y T O ATTENTIO N O F 

### Z:i O AU G 2 5 P i2:U l Directorat e o f

Servic e Support , Transportatio n Offic e 2 4 Augus t 201 0

Dea r M r Schlemmer , Than k yo u for th e opportunit y t o commen t o n th e proposal s for

a n airlin e servic e for

th e Ft Leonar dWoo dcommunit y fro mForne y Field . After a n intens e stud y o f

al l o f th e proposal s received , adecisio n ha s bee n mad e basedo n th e bes t overal l valu e t o th e customers wh o ar e ou r me n an dwome n i n uniforman dthei r families . Althoug h ther e wa s comparabl e informatio n for th e companie s tha t

submitte dproposals , base do n ou r

revie w o f

th e proposal s an dhearin g proposal s submitte db y Seaport Airlines , Ai r Choic e On e an dCap e Air, F t Leonar dWoo drecommend s th e proposa l submitte db y Cap e Air . Cap e Ai r proposa l offere dacod e shar e with America n Airline s an dinterlin e eticketin g an d baggag e agreement s with al l airline s flyin g ou t o f S t Louis , comparabl e rate s for airlin e servic e betwee n S t

Loui s Lamber t

Airfiel dan dFt

Leonar dWood , a s wel l a s thei r additional abilitie s t o sen dmor e aircraft , i

f neede dfor

passenger s and/o r

baggage . Cap e Ai r

als o discusse dth e ability for th e Installatio n t o cal l thei r Airlin e an dindicat e t o the mtha t w e woul dnee da

n additional flight (with an advance dnotice ) an dthe y woul db e willin g t o boo k anothe r plan e for a n additiona l fligh t

t o mee t ou r needs . Ai r Choic e On e ha s comfortabl e an dnewe r aircraft , alon g wit

h offerin g lowe r

basi c prices . However , th e price s offere ddi dno t includ e taxes an damount s t o asimilar cos t a s Cap e Air . Thei r

limitatio n i n thei r

capabilit y t o mov e mor e tha n 8 personne l i s discouragin g an dals o th e fac t that the y onl y hav e a

n interlin e agreemen t

with Unite dAirlines . Thi s woul drequir e personne l t o clai mthei r

baggag e an dre-ticke t

an dre-chec k

thei r baggag e o n al l airline s agai n (othe r tha n Unite dAirlines) . O n behal f o f th e Ft Leonar dWoo dInstallation , I wan t t o than k yo u for you r continue d suppor t an dth e opportunit y t o provid e inpu t concernin g th e implementatio n o f th e ne w contrac t for airlin e servic e for

ou r loca l community . Pleas e fee l fre e t o contac t m e a t (573 ) 596-0617 , shoul dyo u requir e an y furthe r information .

Darlen e F . Battle

Chief , Transportatio n Divisio n
<TABLE> <S> <C>

<PAGE>
<ARTICLE> 5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET OF ADAMS OUTDOOR ADVERTISING, INC. AS OF JUNE 30, 1999 AND THE RELATED
STATEMENTS OF OPERATIONS AND CASH FLOWS AND IS QUALIFIED IN ITS ENTIRETY BY
REFERENCE TO SUCH FINANCIAL STATEMENTS.
</LEGEND>
<CIK> 0001011976
<NAME> ADAMS OUTDOOR ADVERTISING LIMITED PARTNERSHIP

<S>                             <C>
<PERIOD-TYPE>                   3-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                               0
<SECURITIES>                                        40
<RECEIVABLES>                                        0
<ALLOWANCES>                                         0
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                                      40
<CURRENT-LIABILITIES>                                0
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           100
<OTHER-SE>                                        (60)
<TOTAL-LIABILITY-AND-EQUITY>                        40
<SALES>                                              0
<TOTAL-REVENUES>                                     0
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                                     0
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                                   0
<INCOME-PRETAX>                                      0
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                                  0
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                         0
<EPS-BASIC>                                          0
<EPS-DILUTED>                                        0


</TABLE>
<Page>

                                                                   Exhibit 10.11

National Financial Services LLC

[FIDELITY INVESTMENT LOGO]

                 REQUEST FOR ALTERNATIVE INVESTMENT SUBSCRIPTION

XXX-XXXX0
-------------------------------------
[NFS (Premiere Select) IRA Account Number]

-------------------------------------
[IRA Owner Name]

This letter authorizes National Financial Services LLC (NFS), as agent for
Fidelity Management Trust Company, Custodian for my NFS Premiere Select IRA to
purchase for my IRA:

XX,000 number of shares of Advisors REIT I, Inc.

in the subscription offering thereof, at an aggregate purchase price of
$ XX,000.


I hereby direct National Financial Services LLC, agent for Fidelity Management
Trust Company, to execute the subscription agreement for the said alternative
investment / private offering and to take such other actions as are necessary to
complete such subscription, including making delivery of payment for the
purchase amount out of my IRA to the Transfer Agent or Issuer that is so
designated in the attached agreement.

I agree to indemnify and hold harmless Fidelity Management Trust Company and its
agent, National Financial Services LLC, from any claims or losses that may occur
as a result of this transaction.


-------------------------------------                -------------------
IRA Owner's signature                                Date

IMPORTANT NOTICE:
If this request is for an amount greater than $25,000, the IRA Owner's signature
must be guaranteed.