alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
NOTE: This order is nonprecedential. 

## United States Court of Appeals for the Federal Circuit
2009-3005 DEBORAH KATZ-PUESCHEL, Petitioner,

v. MERIT SYSTEMS PROTECTION BOARD, Respondent, and DEPARTMENT OF TRANSPORATION, Intervenor. Petition for review of the Merit Systems Protection Board in DC0752811049-C-1. ON MOTION Before GAJARSA, FRIEDMAN, and LINN, Circuit Judges. LINN, Circuit Judge.

ORDER Deborah Katz-Pueschel moves without opposition to vacate the final decision of the Merit Systems Protection Board in Katz-Pueschel v. Department of Transportation No. DC0752811049-C-1 and to remand for further proceedings. In 2008, Katz-Pueschel petitioned for enforcement of a 1983 Board decision, which had reversed her removal. The administrative judge issued an order to show cause why her petition for enforcement should not be dismissed as untimely, citing 5 C.F.C. § 1201.182(a), which now sets a 30-day time limit for filing a petition forenforcement of a final Board order when the agency has provided notice of its

compliance. Katz-Pueschel responded to the order. The agency also responded, asserting that the petition for enforcement should be dismissed due to laches because the delay in filing prejudiced the agency. The administrative judge dismissed the petition as untimely and as barred by laches. The Board denied Katz-Pueschel's petition for review and she petitioned this court for review of the Board's final decision.In its brief filed with this court, the Board confesses error in its dismissal of KatzPueschel's petition for enforcement and requests that the court vacate the Board's final decision and remand for further adjudication. Specifically, the Board concedes that the Board's regulation concerning the time to petition for enforcement did not contain a time limit when it issued its previous decision in Katz-Pueschel's case. The Board also concedes that because the agency did not submit a declaration or any other evidence to support its assertion that it was prejudiced by any delay in the filing of the petition for enforcement, and because the burden to establish prejudice rests with the agency, it was error to find that laches barred the petition for enforcement. The agency has also indicated that it also does not oppose the motion to vacate and remand. Accordingly, IT IS ORDERED THAT: The motion is granted. The Board's decision is vacated and the case is remanded for further proceedings. FOR THE COURT 

### MAY -5 2009 /s/ Jan Horbaly Date Jan Horbaly Clerk U.S. :wq THE f

- 2 - MAY

# -5 2009

el MIcc: George M. Chuzi, Esq.

Stephanie Conley, Esq. Elizabeth A. Holt, Esq. s20 

### MAY -5 2009 ISSUED AS A MANDATE:

- 3 -
TMBC, LLC d/b/a Tracker Marine Boat Center, LLC, Appellant, v. Daniel PENA, et al., Appellees.

No. 4D17-2723

District Court of Appeal of Florida, Fourth District.

April 12, 2018

Russell M. Pfeifer of Manion Gaynor & Manning LLP, Miami, for appellant.

Jack P. Hill and Adam S. Hecht of Searcy Denney Scarola Barnhart & Shipley, P.A., West Palm Beach, and Philip M. Burlington and Adam Richardson of Burlington & Rockenbach, P.A., West Palm Beach, for appellees.

Per Curiam.

*Affirmed.*

Ciklin, Forst and Kuntz, JJ., concur.
Shaun Michael SMITH, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-2215

District Court of Appeal of Florida, Second District.

Opinion filed February 14, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
I 

117TH CONGRESS 

1ST SESSION H. R. 118 

To require the Secretary of Homeland Security to submit a report on cyber 

vulnerability disclosures, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2021 

Ms. JACKSON LEE introduced the following bill; which was referred to the 

Committee on Homeland Security 

A BILL 

To require the Secretary of Homeland Security to submit 

a report on cyber vulnerability disclosures, 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 ‘‘Cyber Vulnerability 

5 Disclosure Reporting Act’’. 

6 SEC. 2. REPORT ON CYBER VULNERABILITIES. 

7 (a) REPORT.—Not later than 240 days after the date 

8 of the enactment of this Act, the Secretary of Homeland 

9 Security shall submit to the Committee on Homeland Se10 curity of the House of Representatives and the Committee 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 118 IH

1 on Homeland Security and Governmental Affairs of the 

2 Senate a report that contains a description of the policies 

3 and procedures developed for coordinating cyber vulner4 ability disclosures, in accordance with section 2209(m) of 

5 the Homeland Security Act of 2002 (6 U.S.C. 659(m)). 

6 To the extent possible, such report shall include an annex 

7 with information on instances in which such policies and 

8 procedures were used to disclose cyber vulnerabilities in 

9 the year prior to the date such report is required and, 

10 where available, information on the degree to which such 

11 information was acted upon by industry and other stake12 holders. Such report may also contain a description of how 

13 the Secretary is working with other Federal entities and 

14 critical infrastructure owners and operators to prevent, de15 tect, and mitigate cyber vulnerabilities. 

16 (b) FORM.—The report required under subsection (b) 

17 shall be submitted in unclassified form but may contain 

18 a classified annex. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
# USS Lake Champlain Sailors Receive COVID-19 Vaccine

## From Lt.j.g. Ma Luzviminda Veloria, Carrier Strike Group ONE Public Affairs 

SAN DIEGO - Over 300 Sailors assigned to Ticonderoga-class guided missile-cruiser USS Lake Champlain (CG 57) volunteered and received their first dose of the COVID-19 vaccine, March 4. More DetailsMore DetailsMore DetailsMore DetailsMore DetailsMore DetailsLake Champlain is the latest ship homeported in San Diego to receive the vaccine. Over 2,900 vaccines were administered aboard USS Carl Vinson (CVN 70) last month.“Planning the vaccinations for the ship was very important because we wanted to ensure that we got as many of our Sailors vaccinated for the safety of the crew and their families while supporting the operational mission of the ship,” said Senior Chief Logistics Specialist Verleo Quinajon, one of the coordinators of the event. “It was crucial that we had all the logistics and planning accomplished ahead of time so we could identify and correct any possible setbacks that we may encounter today.”The crew is receiving the Pfizer vaccine which is two-dose series separated by 21 days.Hospitalman Edward Velez, assigned to Lake Champlain’s medical team, is optimistic that the vaccine provides our Navy and communities a path back to normalcy.“Because of the pandemic, many medical facilities had to limit their operations, which affected a lot of the crew,” said Velez. “This will hopefully help with Sailors being able to make more medical appointments and receive much needed referrals and consultations.”There have been many safety measures put in place on U.S. Navy ships during the pandemic in accordance with Center for Disease Control and U.S. Navy guidelines. Sailors wear masks, wash their hands, regularly sanitize equipment and maintain social distancing. Even after Navy personnel are vaccinated, many procedures will remain in effect to help effectively safeguard Sailors, families and communities.“The crew will continue wearing masks and practicing social distancing after vaccination, to ensure that we continue to minimize the spread of the virus,” said Capt. Allen Johnson, commanding officer of USS Lake Champlain. “Vaccinating the crew is a critical step in ensuring personnel readiness.”Currently the Pfizer vaccine is approved as part of an emergency use authorization by the U.S. Food and Drug Administration and vaccines authorized for emergency use are offered on a voluntary basis. Once the vaccine is more readily available, it could soon be added to the list of mandated vaccines for all Sailors.
John Daniel FRANCES, Appellant, v. STATE of Florida, Appellee.

No. 1D17-1449

District Court of Appeal of Florida, First District.

March 13, 2018

John Frances, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Julian E. Markham, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

AFFIRMED .

Wolf, Osterhaus, and Winsor, JJ., concur.
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1170 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  1st Session
                                H. R. 1170

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 21, 2021

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT

 
 To designate the facility of the United States Postal Service located 
at 1 League in Irvine, California, as the ``Tuskegee Airman Lieutenant 
       Colonel Robert J. Friend Memorial Post Office Building''.

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

SECTION 1. TUSKEGEE AIRMAN LIEUTENANT COLONEL ROBERT J. FRIEND MEMORIAL 
              POST OFFICE BUILDING.

    (a) Designation.--The facility of the United States Postal Service 
located at 1 League in Irvine, California, shall be known and 
designated as the ``Tuskegee Airman Lieutenant Colonel Robert J. Friend 
Memorial Post Office Building''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the facility referred to 
in subsection (a) shall be deemed to be a reference to the ``Tuskegee 
Airman Lieutenant Colonel Robert J. Friend Memorial Post Office 
Building''.

            Passed the House of Representatives October 20, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```
FLORIDA FIRST FINANCIAL GROUP, INC., individually and as the representative of a class of similarly situated persons, Appellant, v. BANKERS INSURANCE COMPANY, Appellee.

Case No. 2D17-2431

District Court of Appeal of Florida, Second District.

Opinion filed March 28, 2018.

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
EX-10.3






Exhibit 10.3




DIRECTOR FEES



On May 19, 2008, the Board of Directors of Bank of Granite Corporation (the “Company”) approved
changes in the Company’s director fees for 2008, as recommended by the Board of Director’s
Compensation Committee and its Nominating and Corporate Governance Committee. Beginning in May
2008, the Chairman will receive $42,000 annually, payable in monthly installments of $3,500, in
lieu of the annual retainer and meeting fees paid to other non-employee directors. Also
beginning in May 2008, the Vice-Chairman will receive a supplemental annual payment of $4,000 in
addition to the annual retainer and meeting fees paid to other non-employee directors.



The fees paid to each non-employee director other than the Chairman and Vice-Chairman remain
unchanged as approved by the Board on Directors on April 17, 2006. Each will receive an annual
retainer in the amount of $10,000 and a meeting fee, payable quarterly, in the amount of $500
for each Board meeting attended. Non-employee committee members will continue to receive a
meeting fee, payable quarterly, in the amount of $250 for each committee meeting attended.
Non-employee committee chairpersons will continue to receive a meeting fee, payable quarterly,
in the amount of $400 for each committee meeting they conduct, which is in lieu of the $250
committee meeting fee paid to the other non-employee committee members in attendance.
este-ex101_7.htm


 

Exhibit 10.1

AMENDMENT NO. 1

 

TO THE

 

EARTHSTONE ENERGY, INC.

 

2014 LONG-TERM INCENTIVE PLAN

 

This Amendment No. 1 to the Earthstone Energy, Inc. 2014 Long-Term Incentive Plan (the “Plan”) was approved and adopted by the Board of Directors of Earthstone Energy, Inc. (the “Company”) on August 12, 2015, subject to approval by the stockholders of the Company, which was obtained on October 22, 2015. Accordingly, the Plan is hereby amended, effective as of October 22, 2015, as follows:

 


	
 
	
1.
	
The first sentence of Section 3.1 of the Plan is hereby deleted in its entirety and replaced with the following:




 

“Subject to the limitations set forth herein, 1,500,000 shares of Common Stock are reserved for issuance pursuant to Awards made under this Plan.”

 

In all other respects, the Plan remains unchanged and in full force and effect.

 

IN WITNESS WHEREOF, this Amendment No. 1 to the Plan has been executed to be effective as of October 22, 2015.

 

 

EARTHSTONE ENERGY, INC. 

 

 

By: /s/ Frank A. Lodzinski 

Name: Frank A. Lodzinski

Title: Chairman of the Board, President and Chief Executive Officer
### Draft NOI Threshol d

Caton, William

to:

Jennifer Chan, Virginia Garelick, Jack Faulk

12/07/2009 09:15 AM

Cc:

"Schardt, Jeffrey", "'Coram, Phil'", "'Potts, Elsa'" , "'Drew, Richard'", "'Dwinell, Steve'", "'Howard,

Dennis'", "'Daiker, Dave'"

Show Details

History: This message has been forwarded.

To EPA:

I forgot to include our recommended NOI Threshold for aquatic plant management (attached) in my email on

Friday. If you have any questions or need additional information, please contact me.



# Bill

William E. Cat on, Section Leader

Florida Fish and Wildlife Conservation Commission

Division of Habitat a nd Species Conservation

Invasive Plant Management Section

3900 Commonwealth Boulevard, MS 705

Tallahassee, FL 32399-3000

bill.caton@myfwc.com

850-245-2809

Fax: 850-245-2834 Page 1 of 1

5/11/2010 file://C:\Documents and Settin g s\ j faulk\Local Settin g s\Tem p \notesFCBCEE\~web9029.htm
Request for Information Aerial Advantages LLC (FAA-2015-3928) 

9-AWA-AVS-333Exemptions (FAA) 

Dear Mr. Forman: 

This letter is to inform you that the following information is missing from your petition (Docket No. FAA-2015-3928).

This information is necessary for the Federal Aviation Administration (FAA) to process your petition.

z Provide a copy of the Motion Picture and Television Operations Manual (MPTOM) which is required by Order 

8900.1, Volume 3, Chapter 8, Section 1. If you wish for us to proceed without this manual and remove closedset filming from your proposed operation please inform of us of your intention by the requested response date 

listed below.

Please submit the additional information (non-proprietary) to your docket at www.regulations.gov. Once your

information has been submitted, please also send a copy of the requested information (and any proprietary 

information), as well as your comment tracking number from regulations.gov via e-mail to 333exemptions@faa.gov. If

you want us to process your request any further, we must receive the information described above by January 21, 

2016. If we do not receive the information, we will close the docket without notifying you further.

If you have any questions, please feel free to contact me at (202) 267-2999.

FAA Office of Rulemaking

Sent: Thursday, January 07, 2016 8:14 AM 

To: Brent@AerialAdvantages.com
CRESTMARK

            	 
      
	
              CAPITAL

            	
              February
      3, 2009

            


    

    


    Mr.
Michael Mathews, CEO

    Interclick,
Inc.

    257 Park
Avenue South, Suite 602

    New York,
NY 10010

    


    Dear Mr.
Mathews:

    


    We are
pleased to advise you that your company’s credit facility has been increased to
a maximum outstanding Initial Purchase Price of $4,500,000.00.

    


    As
always, we look forward to a continued mutually beneficial funding relationship
with your company.

    


    In
accordance with Section 1.14 of our Accounts Receivable Financing Agreement
dated November 12, 2008, please acknowledge your acceptance and agreement to
this new credit facility by signing below.  Please return a signed
copy to me via email or fax.

    


    Should
you have any comments or questions regarding this action please do not hesitate
to give me a call.

    


    
      
        	
                Sincerely,

              	
                ACCEPTED
      AND AGREED TO BY:

              
	 
      	 
      
	
                /s/
      Brett Hossley

              	
                INTERCLICK,
      INC.

              
	 
      	 
      
	 
      	
                By:

              	
                /s/ Michael Mathews

              
	
                Brett
      Hossley

              	
                Printed Name:

              	
                Michael Mathews

              
	
                Vice
      President

              	
                Title:

              	
                CEO

              


      

    

    


    BH/cm

    


    
      
        	
                A
      Crestmark Bank Company, Member FDIC

              	
                www.comcaplending.com

              
	 
      	 
      
	
                726
      Highlandia Drive

              	
                Phone
      225-293-0711

              
	
                Baton
      Rouge, Louisiana 70810

              	
                Fax    
       225-293-0712
exv4w14











EXHIBIT
4.14




AMENDMENT NO. 2 TO

SECURED CONVERTIBLE DEBENTURE




     This amendment no. 2 (“Amendment”) to the Secured Convertible Debenture dated January 24, 2008
(the “Original Debenture”), as previously amended on January 29, 2009 (such prior amendment, the
“Prior Amendment” and with the Original Debenture, the “Debenture”) is made as of March 6, 2009 by
and between Converted Organics Inc., a Delaware corporation (“Borrower”) and PROFESSIONAL OFFSHORE
OPPORTUNITY FUND, LTD. (“Lender”).



RECITALS




     WHEREAS, Borrower has issued Lender the Debenture in principal amount of $3,600,000;



     WHEREAS, Lender has agreed to enter into a new credit facility pursuant to that certain
(Securities Purchase Agreement, the “Credit Facility”) and, Borrower has agreed to modify certain
terms of the Prior Amendment as set forth herein; and



     WHEREAS, Capitalized terms used herein and not otherwise defined herein shall have the
meanings set forth in the Debenture.



     NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties hereto, for themselves, their successors and assigns, hereby agree
as follows:



     1. Upon the initial funding into escrow of $500,000 pursuant to the terms of the Credit
Facility, the Borrower agrees to waive Lender’s compliance obligations with respect to Section 4 of
the Prior Amendment.



     2. All other provisions of the Debenture not amended or modified herein shall continue to have
their full force and effect.



     3. This Amendment may be changed, waived, discharged or terminated only by a writing signed by
the Lender and Borrower.



     4. This Amendment shall be construed and interpreted in accordance with the Sections 13 and 14
of the Original Debenture.



     5. This Amendment may be executed in two or more counterparts, which when so executed shall
constitute one and the same agreement.



     IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed as of March
_, 2009.



	 	 	 	 	 
	Converted Organics Inc.	 	 
	 
	 	 	 	 
	By:
	 	 	 	 
	 

	 	 

     Edward J. Gildea, CEO
	 	 
	 
	 	 	 	 
	PROFESSIONAL OFFSHORE OPPORTUNITY FUND, LTD.
	 
	 	 	 	 
	By:
	 	 	 	 
	 

	 	 	 	 
	 

	 	     Howard Berger	 	 
	 

	 	     Manager	 	 






46
|Exhibit 99.1
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 Palomar Medical Technologies, Inc., a Delaware corporation (the "Company"),
does hereby certify, to such officers knowledge, that:

The Quarterly Report on Form 10Q for the quarter ended June 30, 2002
(the Form 10Q) of the Company fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act
of 1934, and the information contained in the Form 10Q fairly presents, in all material respects, the financial condition
and the results of operations of the Company.
|-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

|Dated:  August 14, 2002 |  | /s/ Joseph P. CarusoJoseph P. CarusoPresident and Chief Executive Officer
|----------------------- |  | -------------------------------------------------------------------------

|Dated:  August 14, 2002 |  | /s/ Joseph P. CarusoJoseph P. CarusoActing Principal Financial Officer
|----------------------- |  | ----------------------------------------------------------------------

|The foregoing certification is being furnished solely
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) and is not being filed as part of  a separate disclosure document.
|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Pursuant to 5TH CIR. 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 5TH CIR. R. 47.5.4.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

 

No. 03-41657

Conference Calendar

 

UNITED STATES OF AMERICA,

Plaintiff-Appellee,

versus

PIERRE CHARLES BELLE,

Defendant-Appellant.

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

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 9:03-CR-12-1 

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

Before BARKSDALE, DeMOSS, and CLEMENT, Circuit Judges.

PER CURIAM:*

The Federal Public Defender, counsel for Pierre Charles

Belle, has moved for leave to withdraw and has filed a brief as

required by Anders v. California, 386 U.S. 738 (1967). Belle has

filed a response stating his intention to proceed “in proper

person” and seeking a 60-day extension of time to file a brief. 

Belle’s request for an extension of time is DENIED. See United

States v. Wagner, 158 F.3d 901, 902-03 (5th Cir. 1998).

United States Court of Appeals

Fifth Circuit

F I L E D

June 23, 2004

Charles R. Fulbruge III

Clerk
No. 03-41657

-2-

Our independent review of the brief, the record, and

Belle’s response discloses no nonfrivolous issue for appeal. 

Accordingly, counsel’s motion for leave to withdraw is GRANTED,

counsel is excused from further responsibilities herein, and the

appeal is DISMISSED. See 5TH CIR. R. 42.2.
Wayne L. BRODERICK, Appellant, v. STATE of Florida, Appellee.

Case No. 2D17-3886

District Court of Appeal of Florida, Second District.

Opinion filed March 9, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.