alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SERVED: March 10, 2014 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, DC 

IN THE MATTER OF 

SAMMY DON LADYMON, JR. 

FAA DOCKET NO. [TO BE ASSIGNED] 

(Civil Penalty Action) 

FDMS NO. FAA 2013- 0717 

ORDER ENTERING DEFAULT JUDGMENT AGAINST RESPONDENT 

The Federal Aviation Administration (hereinafter "Agency") has filed a Motion 

for Judgment on the Pleadings dated February 3, 2014. 

The Agency avers in its motion that Sammy Don Ladymon (hereinafter 

"Respondent") requested a hearing via letter sent to Agency's counsel on September 3, 

2013. The Request for Hearing is not in "Regulations.com" or attached to the pleadings. 

The Agency filed a Complaint dated September 3, 2013. 

We served our Procedural Order on October 18, 2013. 

Respondent has failed to file an Answer to the Complaint. Respondent has failed 

to file a response to our Procedural Order. Respondent has failed to respond to the 

Agency's Motion for Judgment on the Pleadings. 

Respondent has failed to file any pleadings subsequent to the filing of the Request 

for Hearing. Under Rule 13.209(f), a failure to file an answer to a Complaint without 

· good cause is deemed an admission of the truth of each allegation contained in the 

Complaint. 

WHEREFORE, the Agency's Motion for Judgment on the Pleadings having been 

read and considered, it be and is hereby ORDERED as follows: 

1. Respondent's Request for Hearing be and is hereby DISMISSED with 

prejudice; and 
2. Respondent be and is hereby DEEMED to have admitted to all of the 

allegations in the Agency's Complaint; and 

3. The Agency's Motion for Judgment on the Pleadings be and is hereby 

GRANTED; and 

4. Respondent be and is hereby assessed a civil penalty in the amount of $11,000 

against Respondent as requested in Agency's Complaint. 

Richard C. Goodwin 

U.S. Administrative Law Judge 

Attachment - Service List 

2 
SERVICE LIST 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building-Suite 2W10001 

Sammy Don Ladymon, Jr., Respondent 

1706 Park Circle 

Garland, TX 7 5044 

ONE COPY 

Yolanda Ayala Bernal, Complainant's Counsel 

Southwest Region 

Federal Aviation Administration 

2601 Meacham Blvd., Room 663 

Fort Worth, TX 76137 

TEL: 817-222-5070 

FAX: 817-222-5945 or 5092 

The Honorable Richard C. Goodwin, Administrative Law Judge 

Office ofHearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. (Ell-310) 

Washington, DC 20590 

TEL: 202-366-5121 Staff Assistant 

FAX: 202-366-7536 

FDMS No. FAA-2013-0717 

(Civil Penalty Action) 

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal 

Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2W1000, Washington, 

DC 20591, Attention: Hearing Docket Clerk, AGC-430. 

3
Dismissed and Memorandum Opinion filed March 24, 2015.

In The 

Fourteenth Court of Appeals 

NO. 14-14-00414-CV

SHAWNA K. MILNE, Appellant 

V.

KOOROSH OLYAIE, Appellee 

On Appeal from County Civil Court at Law No. 1 

Harris County, Texas 

Trial Court Cause No. 1045855 

M E M O R A N D U M O P I N I O N 

This is an appeal from a judgment signed May 19, 2014. The clerk’s record 

was filed June 26, 2014. No reporter’s record was taken. No brief was filed.

On January 27, 2015, this court issued an order stating that unless appellant 

submitted a brief on or before February 26, 2015, the court would dismiss the 

appeal for want of prosecution. See Tex. R. App. P. 42.3(b).

Appellant filed no response. Accordingly, the appeal is ordered dismissed. 

 PER CURIAM 

Panel consists of Justices Christopher, Donovan and Wise.
2021 AFSAM

Rapid Pistol CQB Team

PT2340 (agg of PI2040 )

SHOOTER STATE\COUNTRY TEAM SCORE Classification PI2040 Score 

1 ) ALL-GUARD ALPHA 728

SFC SWANSON, BRANDON N 184 WI Open

SFC NOE, JOSEPH T 190 AR Open

CPT MILLER, GARRETT E 185 AR Open

MSGT WATTERS, NATHAN A 169 AR Open

2 ) ALL-GUARD (BRAVO) 691

SGT GOLDADE, TYLER R 176 ND Open

SFC BAUTISTA, MICHAEL R 169 ID Open

SSG DEMENT, JERRY D 180 MO Open

SSG VARGAS, ERIK J 166 CA Open

3 ) USAR BLACK 681

SGT HUGHES, DEVIN E 178 USAR

SFC GODEL, JASON W 167 USAR

SSG MORRIS, SEAN D 191 USAR

MAJ CONNERS, THOMAS J 145 USAR

4 ) ALL-GUARD (CHARLIE) 669

SGT GRIFFETH, ALEXANDRA I 152 VA Open

TSGT DANIEL, SCOTTY W 173 AR Open

MSG GREGSON, JACOB J 170 UT Open

SSGT ROOK, GAVIN W 174 ND Open

5 ) USAR GOLD 631

CPT BROTHERSTON, CURTIS G 157 USAR

MAJ CAMPBELL, JESSE D 149 USAR

CW3 KNOTE, ANDY T 151 USAR

MAJ URICK, GRANT M 174 USAR Open

6 ) AFSAM HONORS 562

SGM MININO, ANTHONY A 142 USAR

MSG BURDETTE, RODERICK II 138 USAR

CSM BALL, MICHAEL E 119 USAR

SSG ABEYTA, PATRICK M 163 USAR Open

Thursday, September 2, 2021 Page 1 of 1 Time printed: 18:35:09
Dismissed and Memorandum Opinion filed January 19 , 20 12

.

In The 

## Fourteenth Court of Appeals

____________ NO. 14

- 11

- 0 1 0 23

- CV

____________ EFREM SEWELL, THOMAS MEEKS, JOSEPH GUILLORY, MILO SHEPARD AND TONY THOMAS , Appellant s

V.
HARDRIDERS, INC. , Appellee

On Appeal from the 151st District Court

Harris County, Texas Trial Court Cause No. 2011

- 37278



### M E M O R A N D U M O P I N I O N
This is an attempted appe al from an order signed August 29 , 20 1 1 , denying appellants' motion to show authority . Generally, appeals may be taken only from final judgments. Lehmann v. Har

- Con Corp. , 39 S.W.3d 191, 195 (Tex. 2001). Interlocutory orders may be appealed only if permitted by statute. Bally Total Fitness Corp. v. Jackson
, 53 S.W.3d 352, 352 (Tex. 2001); Jack B. Anglin Co., Inc. v. Tipps , 842 S.W.2d 266, 272 (Tex. 1992) (orig. proceeding).2

The record in this appeal contains no final judgment. An order on a motion to show authority to act is not one of those appealable interlocutory orders l isted in s ection
51.014. S ee Tex. Civ. Prac. & Rem.Code Ann. § 51.014 (Vernon Supp. 2011 ). 1 In general, a n order on a motion to show authority to act is interlocutory and not appealable.
See State Bd. of Ins. v. Williams , 736 S.W.2d 259, 260

- 61 (Tex. Ap p.

-- Austin 1987, orig. proceeding).

On December 30, 2011 , notification was transmitted to all parties of the court ' s i ntention to dismiss the appeal for want of jurisdiction. See Tex. R. App. P. 42.3(a). Appellants filed a response and contend the order denying the motion to show authority is a final and appealable judgment because the trial court conducted an evidentiary hearing on the motion

. Appellants make no contention, and the record does not reflect, that the trial court has disposed of any of appellee's claims.
Appellants' response fails to demonstrate that this Court has jurisdiction to entertain the appeal. Accordingly , we dismiss the appeal.

PER CURIAM

Panel consists of Chief Justice Hedges and Justices Jamison and McCally

.

1 Certain additional appealable interlocutory orders are set forth in the Texas Family Code and Texas Probate Code, but they are not applicable to the instant order.
Fourth Amendment to 2009 Stock Option Agreement


EXHIBIT 4.5




FOURTH AMENDMENT OF THE

HEAT BIOLOGICS, INC. 2009 STOCK INCENTIVE PLAN







This Fourth Amendment of the Heat Biologics, Inc. 2009 Stock Incentive Plan (the “Plan”) is effective.

April 29, 2013.

WHEREAS, the Board of Directors (the “Board”) of Heat Biologics, Inc., a Delaware corporation (the “Company”) has adopted and the stockholders of the Company have approved the Plan, as amended; and




WHEREAS, the Board of Directors deems it to be in the best interest of the Corporation to amend the Plan in order to increase the maximum number of shares of common stock issuable pursuant to options granted under the Plan from 1,700,000 shares to 2,000,000




WHEREAS, the Board has approved this amendment of the Plan in order to allow for the early exercise of stock options granted under the Plan.




NOW, THEREFORE, the Plan shall be amended as follows:




1.

The first sentence of Section 4(a) shall be deleted in its entirety and the following substituted in lieu thereof:




“Subject to adjustment under Section 8, Awards may be made under the Plan for up to 2,000,000 shares of common stock of the Company, $0.0001 par value per share (the “Common Stock”).”




2.

Except as amended herein, the terms and provision of the Plan shall remain unchanged and in full force and effect.




[Remainder of Page Intentionally Left Blank]














IN WITNESS WHEREOF, the undersigned Chief Executive Officer of the Company certifies that the foregoing Fourth Amendment of the Heat Biologics, Inc. 2009 Stock Incentive Plan was duly adopted by the Board of Directors of the Company.







				
	 
	HEAT BIOLOGICS, INC.

	 

	 
	 
	 
	 

	 
	By:

	/s/ Jeffrey Wolf

	 

	 
	 
	Jeffrey Wolf, Chief Executive Officer

	 






























Heat Biologics, Inc.

Fourth Amendment of the Heat Biologics, Inc. 2009 Stock Incentive Plan

· Signature Page ·
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3787 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3787

 To amend title 38, United States Code, to deem certain service in the 
Reserve components as active service for purposes of laws administered 
                 by the Secretary of Veterans Affairs.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2009

    Mr. Walz (for himself, Mr. Latham, Mr. Adler of New Jersey, Mr. 
    Bilbray, Mr. Boozman, Mr. Broun of Georgia, Mr. Brown of South 
   Carolina, Mr. Connolly of Virginia, Mr. Courtney, Mr. Filner, Mr. 
 Gonzalez, Mr. Hall of New York, Mrs. Halvorson, Mr. Hare, Ms. Herseth 
   Sandlin, Mr. McNerney, Mr. Massa, Mr. Michaud, Mr. Mitchell, Mr. 
  Oberstar, Mr. Ortiz, Mr. Perriello, Mr. Peterson, Mr. Pomeroy, Mr. 
Rodriguez, Mr. Roe of Tennessee, Mr. Taylor, and Mr. Teague) introduced 
 the following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL

 
 To amend title 38, United States Code, to deem certain service in the 
Reserve components as active service for purposes of laws administered 
                 by the Secretary of Veterans Affairs.

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

SECTION 1. CERTAIN SERVICE PERFORMED IN THE RESERVE COMPONENTS DEEMED 
              ACTIVE SERVICE.

    Section 106 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(g) Any person who has not otherwise performed qualifying active 
duty service shall be deemed to have been on active duty for purposes 
of all laws administered by the Secretary if the person is entitled 
under chapter 1223 of title 10 to retired pay for nonregular service 
or, but for age, would be entitled under such chapter to retired pay 
for nonregular service.''.
                                 <all>
```
<PAGE>
EXHIBIT 7.


                              CALCULATION OF ROACE


Return On Average Capital Employed, is the return on average capital invested,
calculated as the ratio between: (i) net income before minority interests, plus
net financial charges on net borrowings, on a post-tax basis using a deemed tax
rate equal to the Italian statutory tax rate; and (ii) net average capital
employed. Capital employed is defined as the sum of shareholders' equity,
minority interest and net borrowings (expressed as a percentage)


<TABLE>
<CAPTION>
                                                                           2000             2001              2002
                                                                           ----             ----              ----
<S>                                                                      <C>               <C>              <C>
NET INCOME BEFORE MINORITY INTEREST (a)                                                    8,228             5,222
PLUS:
Net financial expense as of in statement of income                                           259               167
Financial income related to receivables related to operations and on
tax credits                                                                                  184               122
TOTAL FINANCIAL EXPENSE ON NET BORROWINGS (b)                                                443               289
LESS:
Income taxes on financial expense/income calculated using the 36%
statutory tax rate (c)                                                                      (159)             (104)

TOTAL       d=a+(b-c)                                                                      8,512             5,407


Shareholders' equity                                                     22,401           27,483            26,257
Minority interest                                                         1,672            1,706             2,094
Net borrowings                                                            7,742            9,888            11,141
Net capital employed                                                     31,815           39,077            39,492

AVERAGE NET CAPITAL EMPLOYED     (e)                                                      35,446            39,285

ROACE % = (d/e)                                                                            24.0%             13.7%

</TABLE>
111TH CONGRESS 

1ST SESSION H. R. 3631 

AN ACT 

To amend title XVIII to provide for the application of a 

consistent Medicare part B premium for all Medicare 

beneficiaries in a budget neutral manner for 2010. 

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

•HR 3631 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Medicare Premium 

3 Fairness Act’’. 

4 SEC. 2. MEDICARE PART B PREMIUM FOR 2010. 

5 (a) PREMIUM COMPUTATION.—Section 1839 of the 

6 Social Security Act (42 U.S.C. 1395r) is amended— 

7 (1) in subsection (a), by adding at the end the 

8 following new paragraph: 

9 ‘‘(5) The monthly premium under this subsection for 

10 2010 shall be the monthly premium under this subsection 

11 for 2009.’’; and 

12 (2) in subsection (i)(3)(A), by adding after and 

13 below clause (ii) the following: 

14 ‘‘In applying clause (ii) for 2010, the monthly 

15 actuarial rate described in such clause shall be 

16 such monthly actuarial rate for 2009.’’. 

17 (b) OFFSET FROM MEDICARE IMPROVEMENT

18 FUND.—Section 1898(b) of such Act (42 U.S.C. 

19 1395iii(b)) is amended— 

20 (1) in paragraph (1)— 

21 (A) in subparagraph (A), by striking the 

22 semicolon at the end and inserting the fol23 lowing: ‘‘, reduced by the sum of— 

24 ‘‘(i) the amount transferred under 

25 paragraph (5); and 

26 ‘‘(ii) $567,000,000;’’; 
3 

•HR 3631 EH

1 (B) by redesignating subparagraph (B) as 

2 subparagraph (C); and 

3 (C) by inserting after subparagraph (A) 

4 the following new subparagraph: 

5 ‘‘(B) fiscal year 2015, the amount speci6 fied in subparagraph (A)(ii); and’’; and 

7 (2) by adding at the end the following new 

8 paragraph: 

9 ‘‘(5) TRANSFER AND OFFSET.—There are here10 by transferred from amounts in the general fund of 

11 the Treasury to the Federal Supplementary Medical 

12 Insurance Trust Fund an amount equivalent, as es13 timated by the Chief Actuary of the Centers for 

14 Medicare & Medicaid Services, to the aggregate re15 duction in premiums payable under part B that re16 sult from the application of paragraph (5) of section 

17 1839(a) and the last sentence of section 

18 1839(i)(3)(A).’’. 

Passed the House of Representatives September 24, 

2009. 

Attest: 

Clerk. 
111TH CONGRESS 

1ST SESSION H. R. 3631 

AN ACT 

To amend title XVIII to provide for the application 

ner for 2010. Medicare beneficiaries in a budget neutral manof a consistent Medicare part B premium for all
INDEPENDENT AUDITORS' CONSENT


We consent to the incorporation by reference in this  Registration  Statement of
Applebee's  International,  Inc. (the "Company") on Form S-8 of our report dated
February 13, 2002 appearing in the Annual Report on Form 10-K of the Company for
the year ended December 30, 2001.





DELOITTE & TOUCHE LLP

Kansas City, Missouri
May 7, 2002
## 3.8

**OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS AUSTIN** 

Bonorabla T.K. 

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### portion ent body ua8 insured 01 **bard** OaU8Q **8aid** rlct 

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### reoelvsd by **8tU** 

### l llng to and 

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NO. 0-3 Va8 

### 8Ontt0 

### PU. y di8OU88ed thr 

### authoritbr **in thir**  **State** epondent rohool dlrtrlot oannot be held **uries rU8tainad**  by **a 8tudont.**  It 18 th6 **partmnt** that the **rule** 

## ret down

## in thi8 prior oovbr lnjurle8 8U8taln8d while p~rtiolpating inrootball or other **athletio wnte8t8.**  Said **rule** wanld Ed80 apply in case8 Whar8 tha 8tud8nt wa8 lnjurmd in bing ttan8rQTrOd **to and** mm a r00tbai grrmeIn a regular 8ohool **bU8.**

**TOU** inquire a80 nh8thar th inOt that p-t Of the 8tndent bodyW88 h8UrOd by the sohool **board** would rQndor the 8chool dirtriot llabla for an injury 8U8tailWd **by a**  **8tUdmt** llOt**W** lruured.tionorableT. ii.Triable, Yagr 2

It is tha opinion of thi8CqnirtzY3ntthht **beoauaotbs** 8OhoOl **di8triCt cannot**  **be** l&b18 in **tort,** itwould **make no**  dirrerenoe whether **or** not part of the Btudent body war insured asrendrring the eahooldietflot lfkble for an infury ruatainsd by one **of tbo**  **8tudent.8 not**  **80 in8WCd.**  **Your8 very**  **t rulf**
[Federal Register Volume 80, Number 72 (Wednesday, April 15, 2015)]
[Notices]
[Page 20244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08671]


=======================================================================
-----------------------------------------------------------------------

INTERNATIONAL TRADE COMMISSION

[Investigation Nos. 701-TA-432 and 731-TA-1024-1028 (Second Review) and 
AA1921-188 (Fourth Review)]


Prestressed Concrete Steel Wire Strand From Brazil, India, Japan, 
Korea, Mexico, and Thailand

Determinations

    On the basis of the record \1\ developed in the subject five-year 
reviews, the United States International Trade Commission 
(``Commission'') determines, pursuant to section 751(c) of the Tariff 
Act of 1930 (19 U.S.C. 1675(c)), that revocation of the countervailing 
duty order on prestressed concrete steel wire strand (``PC strand'') 
from India, the antidumping duty orders on PC strand from Brazil, 
India, Korea, Mexico, and Thailand, as well as the antidumping duty 
finding on PC strand from Japan, would be likely to lead to 
continuation or recurrence of material injury to an industry in the 
United States within a reasonably foreseeable time.
---------------------------------------------------------------------------

    \1\ The record is defined in sec. 207.2(f) of the Commission's 
Rules of Practice and Procedure (19 CFR 207.2(f)).
---------------------------------------------------------------------------

Background

    The Commission instituted these reviews on November 3, 2014 (79 FR 
65246) and determined on February 6, 2015, that it would conduct 
expedited reviews (80 FR 9747, February 24, 2015).
    The Commission completed and filed its determinations in these 
reviews on April 10, 2015. The views of the Commission are contained in 
USITC Publication 4527 (April 2015), entitled Prestressed Concrete 
Steel Wire Strand from Brazil, India, Japan, Korea, Mexico, and 
Thailand: Investigation Nos. 701-TA-432 and 731-TA-1024-1028 (Second 
Review) and AA1921-188 (Fourth Review).

    By order of the Commission.
    Issued: April 10, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015-08671 Filed 4-14-15; 8:45 am]
 BILLING CODE 7020-02-P
**Exhibit 23.1**

 

**CONSENT OF KPMG LLP**

 

The Board of Directors and Stockholders 

Tumbleweed Communications Corp.:

 

We consent to the incorporation by reference in theregistration statements (Nos. 333-84683, 333-43194, 333-48636, 333-49492, 333-61076, 333-101018, 333-103043, and 333-106913) on Form S-8 of Tumbleweed Communications Corp. and subsidiaries of our report dated January 20, 2004 except as to the thirdparagraph of Note 13(a) and the first paragraph of Note 13(b) which are as of February 11, 2004, relating to the consolidated balance sheets of Tumbleweed Communications Corp. and subsidiaries as of December 31, 2003 and 2002, and the relatedconsolidated statements of operations, stockholders’ equity and comprehensive loss, and cash flows for each of the years in the three-year period ended December 31, 2003, which report appears in the December 31, 2003 annual report on Form 10-Kof Tumbleweed Communications Corp. 

 

/s/ KPMGLLP 

 

Mountain View, California 

March 15, 2004
----

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

| Dated:       August 14 , 2008 | By:    | /s/       Kyle      Kennedy                                              |   |
|------------------------------------|--------|-------------------------------------------------------------------------------|--------|
|                               |   | Kyle      Kennedy                                                             |   |
|                               |   | President      and Chief Executive Officer (principal      executive officer) |   |

----
EXHIBIT 99.2

                    SECTION 906 CERTIFICATION OF LINDA BRYSON


                        CERTIFICATION OF PERIODIC REPORT

          In connection with the Periodic Report of Quantum Companies, Inc. (the
     "Company") on Form 10-QSB for the period ending June 30, 2004 as filed with
     the Securities and Exchange  Commission on the date hereof (the  "Report"),
     I, Linda Bryson, Chief Financial Officer of the Company,  certify, pursuant
     to 18 U.S.C. ss. 1350, as adopted pursuant to ss. 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.

Date: August 12, 2004          By: /s/ Linda Bryson
                                                      -----------------
                                                      Linda Bryson
                                                      Chief Financial Officer