alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
SECOND MODIFICATION TO SETTLEMENT AGREEMENT

WHEREAS EnerNOC,Inc., EnergyConnect, Inc., CPower,Inc., and Innoventive Power,LLC (collectively, "Petitioners")and the United States Environmental Protection Agency ( "EPA" or "Respondent"),previously entered into a Settlement Agreement( "Agreement"}on December 19, 2011,to resolve Petitioners' challenges in the United States Court of Appeals for the D.C. Circuit, Nos. 10-1090 and 10-1 136, to the final Clean Air Act rules promulgated by EPA titled "National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines; Final Rule," 75 Fed. Reg. 9,648 (March 3, 201d), and "National Emission Standards for Hazardous Air Pollutants for Reciprocating Internal Combustion Engines," 75 Fed. Reg. S 1,570 (August 20, 2010); and WHEREAS Petitioners and EPA previously entered into a modification of the Agreement to extend the time under which EPA agreed to sign the notice of proposed rulemaking referenced in paragraph 2 ofthe Agreement,from Apri120, 2012 to May 22, 2012; and WHEREAS EPA requires additional time to sign a final action on the proposed rulemaking referenced in paragraph 2 ofthe Agreement; NOW, THEREFORE,the Petitioners and EPA {collectively the "Parties" to this Modification to Settlement Agreement), intending to be bound by thisModification to Settlement Agreement( "Modification"}, hereby stipulate and

agree as follows: 1. The date "December 14, 2012," set forth in paragraph 2 ofthe Agreement is replaced with "January 14, 2013." 2. No provision ofthis Modification shall be interpreted as or constitute
a commitment or requirement that EPA obligate funds in contravention ofthe Anti
-Deficiency Act, 31 U.S.C. § 1341. 3. The undersigned representatives of each patty certify that they are fully authorized by the party that they represent to bind that respective party to the terms ofthis Modification. This Modification is final and effective once signed by each of the undersigned representatives of each party.
IGNACIA S. MORENO Assistant Attorney General Environment &Natural Resources Div.

AUSTIN D. SAYLOR U.S. Department of Justice Environmental Defense Section PO Box 23986 Washington D.C. 20026-3986 (202) 514-1880 DA~~ M.FRIEDLAND `~ BEVERIDGE &DIAMOND, PC 1350 I Street, NW Suite 700 Washington,D.C. 20005 (202} 789-6047 Counsel for United States Counsel for EnerNOC,Inc.,
2Environmental Protection Agency

Dated: ~~~1~ /~~~

- 3- EnergyConnect, Inc., CPower, Inc., and Inrioventive Power,LLC

Dated: ~ 6~~ ~ ~.
I 

117TH CONGRESS 

1ST SESSION H. R. 145 

To amend the Patient Protection and Affordable Care Act to ensure that 

preexisting condition exclusions with respect to enrollment in health 

insurance coverage and group health plans continue to be prohibited. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2021 

Mr. JOYCE of Ohio (for himself and Mr. GONZALEZ of Ohio) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Patient Protection and Affordable Care Act 

to ensure that preexisting condition exclusions with respect to enrollment in health insurance coverage and 

group health plans continue to be prohibited. 

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 ‘‘Continuing Coverage 

5 for Preexisting Conditions Act of 2021’’. 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•HR 145 IH

1 SEC. 2. ENSURING THE PROHIBITION OF PREEXISTING 

2 CONDITION EXCLUSIONS WITH RESPECT TO 

3 ENROLLMENT IN HEALTH INSURANCE COV4 ERAGE AND GROUP HEALTH PLANS. 

5 Part I of subtitle F of title I of the Patient Protection 

6 and Affordable Care Act (42 U.S.C. 18091 et seq.) is 

7 amended by adding at the end the following section: 

8 ‘‘SEC. 1503. SEVERABILITY. 

9 ‘‘If subsection (a) of section 5000A of the Internal 

10 Revenue Code of 1986, as added by section 1501(b), is 

11 to any extent illegal, unconstitutional, otherwise invalid, 

12 or incapable of being enforced, the validity and enforce13 ability of sections 2701 through 2705 of the Public Health 

14 Service Act (42 U.S.C. 300gg through 300gg–4), as added 

15 by section 1201, shall not be affected. Nothing in the pre16 vious sentence shall be construed to affect the severability 

17 of any provision of this Act that is not specified in the 

18 previous sentence.’’. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS
Exhibit



Exhibit 10.54



AMENDMENT ONE TO THE 
DINE BRANDS GLOBAL, INC. NONQUALIFIED DEFERRED COMPENSATION PLAN
(As Amended and Restated Effective January 1, 2017)
WHEREAS, Dine Brands Global, Inc., a Delaware corporation (the “Company”), maintains the Dine Brands Global, Inc. Nonqualified Deferred Compensation Plan, as amended and restated effective January 1, 2017 (the “Plan”) for the benefit of eligible employees;
WHEREAS, Section 12.2 of the Plan provides that each Employer, as defined in the Plan, may amend or modify the Plan at any time; and
WHEREAS, the Company desires to amend the Plan on behalf of each Employer in order to provide each Participant (as defined in the Plan) with the option to elect to receive his or her Annual Account (as defined in the Plan) pursuant to an Annual Installment Method (as defined in the Plan) of 10 years.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the power of amendment contained in Section 12.2 of the Plan, the Plan is hereby amended, effective as of January 1, 2019, as follows:
		
	1.
	Section 6.2(a) is hereby amended in its entirety to read as follows:


		
	(a)
	In connection with a Participant’s election to defer an Annual Deferral Amount, the Participant shall elect the form in which his or her Annual Account for such Plan Year will be paid. The Participant may elect to receive each Annual Account in the form of a lump sum or pursuant to an Annual Installment Method of 10 years (or such other period of installments as set forth in the applicable Election Form, as permitted by the Company for the applicable Plan Year). If a Participant does not make any election with respect to the payment of an Annual Account, then the Participant shall be deemed to have elected to receive such Annual Account as a lump sum.











IN WITNESS WHEREOF, the foregoing Amendment has been duly executed this 5th day of December, 2018.
DINE BRANDS GLOBAL, INC.  
    
/s/ Gregory R. Bever
# U n i ted S t a te s C ou r t o f Appe a l s F OR T HE D IS TRICT OF C OLUM BIA C IRCUI T

___ ___ ___ ___ 

## No. 20-5377 September Term, 2020 1: 20-c v -029 45-UNA Filed O n: April 19 , 20 21 W ayland Dee Kirkland ,

App ellant
v . Merrick B. Garlan d, Attorn ey Gene ral of the United Sta tes o f

Am erica, e t al., App ellees ON A PPE A L FROM THE UNITED STA TES DIS TRICT COURT FOR THE DISTRICT OF COLUMBIA BEFORE: Rogers and W ilkins, Circuit Jud ges, an d S ent elle, S enio r Circuit

Judge J U D G M E N T T his ap pea l was co nside red o n th e reco rd f rom the United Sta tes District Cou rt for th e District of

Colum bia a nd on the brief f iled b y ap pellan t, which con tains a reque st for ap poin tm entof

cou nsel. Se e Fe d. R. App . P. 34 (a)(2); D.C. Cir. Rule 3 4(j). It is ORDERED tha t th e reque st for ap poin tm entof cou nsel b e d enie d. In civil cases, app ellant s are noten titled to a ppo intm entof cou nsel when the y

ha v e n ot d em onst rated suf f icient likeliho od of

succe ss on the m erits. I t is FURTHER ORDERED A ND A DJUDGED tha t th e d istrict court’s o rder f iled Novembe r 16, 20 20, be af f irmed . A ppe llant h as n ot id ent if ied a ny error in the district court’s d ismissal o f

the actio n b ecau se h e h as failed to sh ow that t he Atto rney Gene ral “has a clear d uty to a ct,” as required to ob tain ma nda mu s relief . W alpin v . Corp. for Nat’l & Cm ty. Servs., 6 30 F.3d 18 4, 1 87 (D.C. Cir. 2011 ) (interna l quotat ion m arks om itted ); Citiz ens for Resp onsib ility & E thics in W ash. v. Trum p, 9 24 F.3d 60 2, 6 05 (D.C. Cir. 2019 ); see also Heckler v. Chane y , 47 0 U.S . 82 1, 8 31 (198 5) (“[A]n agency’s decision no t to prose cute or e nforce, w het her t hrou gh civ il or crimina l proce ss, is a decision genera lly

com mitt ed to a n a gency’ s ab solute discretio n.”). Nor h as a ppe llant challen ged th e d istrict court’s d ete rmina tion tha t he failed to se t forth any discernib le legal claims for relief

against the rem aining ap pellee s.

# U n i ted S t a te s C ou r t o f Appe a l s F OR T HE D IS TRICT OF C OLUM BIA C IRCUI T

___ ___ ___ ___ 

## No. 20-5377 September Term, 2020
Pursua nt t o D.C. Circuit Ru le 36 , th is dispo sition will no t be pu blished . T he Clerk is directe d to w ithho ld issua nce of the m and ate he rein u ntil seven d ays af ter reso lution of an y tim ely petition for rehe aring or pe tition for rehe aring en ban c. S ee Fed. R. Ap p. P. 4 1(b); D.C. Cir. Rule 41

. Per Curiam FOR THE COURT: Mark J. La nger, Clerk BY: /s/ Daniel J. Reidy Depu ty Cl erk

Page 2
[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Notices]
[Page 6617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02334]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


National Institute on Aging; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the National 
Institute on Aging Special Emphasis Panel, March 23, 2022, 11:30 a.m. 
to March 23, 2022, 02:30 p.m., National Institute on Aging, Gateway 
Building, 7201 Wisconsin Avenue, Bethesda, MD 20892, which was 
published in the Federal Register on December 28, 2021, FR Doc. 2021-
28091, 86 FR 73792.
    The meeting notice is amended to change the Contact Person from: 
Anita H. Undale, MD, Ph.D., Scientific Review Officer, Scientific 
Review Branch, National Institute on Aging, National Institutes of 
Health, Gateway Building, Suite 2W200, 7201 Wisconsin Avenue, Bethesda, 
MD 20892, 301-827-7428, <a href="/cdn-cgi/l/email-protection#583936312c39762d363c39343d18363130763f372e"><span class="__cf_email__" data-cfemail="ddbcb3b4a9bcf3a8b3b9bcb1b89db3b4b5f3bab2ab">[email protected]</span></a> to Bita Nakhai, Ph.D., 
Scientific Review Officer, Scientific Review Branch, National Institute 
on Aging, National Institutes of Health, Gateway Bldg., 2C212, 7201 
Wisconsin Avenue, Bethesda, MD 20892, 301-402-7701, 
<a href="/cdn-cgi/l/email-protection#7e101f15161f171c3e10171f5010171650191108"><span class="__cf_email__" data-cfemail="2648474d4e474f4466484f4708484f4e08414950">[email protected]</span></a>. The meeting is closed to the public. The meeting 
is closed to the public.

    Dated: January 31, 2022.
Miguelina Perez,
Program Analyst, Office of Federal Advisory Committee Policy.
[FR Doc. 2022-02334 Filed 2-3-22; 8:45 am]
BILLING CODE 4140-01-P


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#### IN RE: David L. SMITH Petitioner.

No. 17-1490

United States Court of Appeals, Fourth Circuit.

Submitted: July 27, 2017

Decided: July 31, 2017

David Lee Smith, Petitioner Pro Se.

Before AGEE and FLOYD, Circuit Judges, and HAMILTON, Senior Circuit Judge.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

David Lee Smith petitions for a writ of mandamus seeking an order directing the district court to review Smith’s civil cases as a first 28 U.S.C. § 2254 (2012) petition, or in the alternative, a Fed. R. Civ. P. 60(b) motion, reduce Smith’s state sentence to time served, and order the state custodian to release him. We conclude that Smith is not entitled to mandamus relief.

Mandamus relief is a drastic remedy and should be used only in extraordinary circumstances. *Kerr v. U.S. Dist. Court, 426*U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976); *United States v. Moussaoui,*333 F.3d 509, 516-17 (4th Cir. 2003). Further, mandamus relief is available only when the petitioner has a clear right to the relief sought. *In re First Fed. Sav. & Loan Ass’n,*860 F.2d 135, 138 (4th Cir. 1988). Mandamus may not be used as a substitute for appeal. *In re Lockheed Martin Corp.,*503 F.3d 351, 353 (4th Cir. 2007). Further, this court does not have jurisdiction to grant mandamus relief against state officials, *Gurley v. Superior Court of Mecklenburg Cty.,*411 F.2d 586, 587 (4th Cir. 1969), and does not have jurisdiction to review final state court orders, *Dist. of Columbia Court of Appeals v. Feldman,*460 U.S. 462, 482, 103 S.Ct. 1303, 75 L.Ed.2d 206 (1983).

The relief sought by Smith is not available by way of mandamus. Accordingly, although we grant leave to proceed in for-ma pauperis, we deny the petition and supplemental petition for writ of mandamus. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*PETITION DENIED*
Derrick Jerome ARNOLD, Appellant, v. STATE of Florida, Appellee.

No. 1D17-1962

District Court of Appeal of Florida, First District.

March 15, 2018

Andy Thomas, Public Defender, and Pamela D. Presnell, Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi, Attorney General, and Jason W. Rodriguez, Assistant Attorney General, Tallahassee, for Appellee.

Per Curiam.

AFFIRMED.

Ray, Bilbrey, and Jay, JJ., concur.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Environmental Protection Agency

          - [FRL OP-OFA-002]

      ( print page 6536)    
*Responsible Agency:*                     Office of Federal Activities, General Information 202-564-5632 or                     *https://www.epa.gov/​nepa.*

Weekly receipt of Environmental Impact Statements (EIS)

Filed January 24, 2022 10 a.m. EST Through January 31, 2022 10 a.m. EST

Pursuant to 40 CFR 1506.9.

## Notice

                    Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA's comment letters on EISs are available at:                     *https://cdxnodengn.epa.gov/​cdx-enepa-public/​action/​eis/​search.*

*EIS No. 20220011, Draft, USN, HI,*                     Pearl Harbor Naval Shipyard and Intermediate Maintenance Facility Dry Dock and Waterfront Production Facility at Joint Base Pearl Harbor-Hickam, Oahu, Hawaii,  Comment Period Ends: 03/21/2022, Contact: Andrea Von Burg Hall 808-472-1425.                

*EIS No. 20220012, Second Draft Supplemental, USACE, FL,*                     Port Everglades Harbor, Broward County, Florida,  Comment Period Ends: 03/21/2022, Contact: Paul Demarco 904-232-1897.                

Dated: January 31, 2022.

Candi Schaedle,

Acting Director, NEPA Compliance Division, Office of Federal Activities. 

[FR Doc. 2022-02375 Filed 2-3-22; 8:45 am]

BILLING CODE 6560-50-P
<TABLE> <S> <C>
                                              
<ARTICLE>                                          5
<CIK>                                              0000883573
<NAME>                     SMITH BARNEY F-1000 FUTURES FUND L.P., Series VIII
                                                    
<S>                                                  <C>
<PERIOD-TYPE>                                      3-MOS
<FISCAL-YEAR-END>                                  DEC-31-1998
<PERIOD-START>                                     JAN-01-1998
<PERIOD-END>                                       MAR-31-1998
<CASH>                                                      2,013,667
<SECURITIES>                                                6,216,963
<RECEIVABLES>                                                 415,630
<ALLOWANCES>                                                        0
<INVENTORY>                                                         0
<CURRENT-ASSETS>                                            8,646,260
<PP&E>                                                              0
<DEPRECIATION>                                                      0
<TOTAL-ASSETS>                                              8,646,260
<CURRENT-LIABILITIES>                                         600,256
<BONDS>                                                             0
<PREFERRED-MANDATORY>                                               0
<PREFERRED>                                                         0
<COMMON>                                                            0
<OTHER-SE>                                                  8,046,004
<TOTAL-LIABILITY-AND-EQUITY>                                8,646,260
<SALES>                                                             0
<TOTAL-REVENUES>                                              161,371
<CGS>                                                               0
<TOTAL-COSTS>                                                       0
<OTHER-EXPENSES>                                               26,407
<LOSS-PROVISION>                                                    0
<INTEREST-EXPENSE>                                                  0
<INCOME-PRETAX>                                               134,964
<INCOME-TAX>                                                        0
<INCOME-CONTINUING>                                                 0
<DISCONTINUED>                                                      0
<EXTRAORDINARY>                                                     0
<CHANGES>                                                           0
<NET-INCOME>                                                  134,964
<EPS-PRIMARY>                                                   20.08
<EPS-DILUTED>                                                       0
        

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<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
       
<S>                             <C>
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<FISCAL-YEAR-END>                          DEC-31-1996
<PERIOD-START>                             JAN-01-1996
<PERIOD-END>                               DEC-31-1996
<CASH>                                         186,616
<SECURITIES>                                   500,000
<RECEIVABLES>                                  433,113
<ALLOWANCES>                                   202,634
<INVENTORY>                                    569,637
<CURRENT-ASSETS>                             1,848,305
<PP&E>                                       1,715,790
<DEPRECIATION>                               1,239,435
<TOTAL-ASSETS>                               4,931,776
<CURRENT-LIABILITIES>                        3,041,051
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                    11,268,816
<OTHER-SE>                                     554,517
<TOTAL-LIABILITY-AND-EQUITY>                 4,931,776
<SALES>                                      7,112,921
<TOTAL-REVENUES>                             7,112,921
<CGS>                                        4,348,200
<TOTAL-COSTS>                                8,860,415
<OTHER-EXPENSES>                             1,105,460
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                             353,516
<INCOME-PRETAX>                            (2,852,954)
<INCOME-TAX>                                    12,485
<INCOME-CONTINUING>                        (2,865,439)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                               (2,865,439)
<EPS-PRIMARY>                                   (0.56)
<EPS-DILUTED>                                   (0.56)
        

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Order entered February 7, 2023

In The

Court of Appeals 

Fifth District of Texas at Dallas 

No. 05-21-00185-CV

IN THE INTEREST OF D.M., A MINOR CHILD

On Appeal from the 255th Judicial District Court

Dallas County, Texas

Trial Court Cause No. DF-19-03631

ORDER

Before the Court is appellants’ February 6, 2023 joint motion for extension 

of time to file their briefs. We GRANT the motion and ORDER the briefs be 

filed no later than March 10, 2023. Because the record has been complete since 

December 13, 2022, we caution that further extension requests will be disfavored. 

/s/ KEN MOLBERG

JUSTICE
STATE of Louisiana v. Trot Michael JACKSON, Jr.

NO. 2017-KO-1944

Supreme Court of Louisiana.

May 25, 2018

Denied.

WEIMER, J., recused.
1 Local Rule 47.5 provides: “The publication of opinions that have

no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession.” Pursuant to that Rule, the Court has determined that this opinion should not be published. UNITED STATES COURT OF APPEALS For the Fifth Circuit

No. 95-60394 Summary Calendar

STANLEY NASH,
Plaintiff-Appellant,

VERSUS

MISSISSIPPI DEPARTMENT OF CORRECTIONS; CLEOPHUS WALKER,

Defendants-Appellees.

Appeal from the United States District Court For the Southern District of Mississippi

(3:94 CV348LN) December 27, 1995

Before HIGGINBOTHAM, DUHÉ, and EMILIO M. GARZA, District Judges.

PER CURIAM: 1
Mississippi State prisoner Stanley Nash sued the Mississippi

Department of Corrections and Captain Cleophus Walker for money
damages under 42 U.S.C. § 1983 allegedly arising from physical
injuries sustained while incarcerated. The district court granted

Defendant’s motion for summary judgment finding that Nash had2

failed to exhaust admin istrative remedies. Nash appeals. We
affirm, but for different reasons.

The dis trict court erred in granting the Defendant’s motion
for summary judgment based on Nash’s failure to exhaust

administrative remedies. Since he seeks only monetary relief,

which is not available through the Mississippi Administrative

Review Procedure, exhaustion was not required. M arsh v. Jones , 53
F.3d 707, 710 (5th Cir. 1995); Mississippi Code Ann. §§ 47-5-801-

807 (1995). We affirm, however, because the record makes clear

that Nas h suffered an accidental injury for which he received
appropriate medical treatment. Thus, his claim of a constitutional

violation lacks an arguable factual basis. F armer v. Brennan , 114
S.Ct. 1970, 1979 (1994). We therefore affirm the result on these
grounds. S ee Bickford v. International Speedway Corp. , 654 F.2d
1028, 1031 (5th Cir. 1981).

AFFIRMED.
Yan Nataly GARCIA n/k/a Yan Nataly Escobar, Appellant/Petitioner(s), v. Omar GARCIA, Appellee/Respondent(s).

CASE NO.: 2D17-2338

District Court of Appeal of Florida, Second District.

February 09, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Dismissed.