alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
USAA GENERAL INDEMNITY COMPANY, Petitioner, v. FLORIDA HOSPITAL MEDICAL CENTER A/A/O Raymond Rivera, Respondent.

Case No. 5D18-3356

District Court of Appeal of Florida, Fifth District.

Opinion filed December 28, 2018

Douglas H. Stein, of Association Law Group, P.L., Miami, for Petitioner.

Robert J. Hauser, of Pankauski Hauser PLLC, West Palm Beach, for Respondent.

PER CURIAM.

USAA General Indemnity Company ("USAA") petitions for second-tier certiorari relief regarding an order issued by the circuit court sitting in its appellate capacity in favor of Florida Hospital Medical Center ("Florida Hospital") a/a/o Raymond Rivera. The circuit court affirmed the final judgment of the county court determining the proper methodology in the application of the deductible authorized under section 627.739(2), Florida Statutes (2016), when personal injury protection ("PIP") benefits are sought by an insured. We deny the petition.

This case is identical to our recent decisions in *Progressive Select Insurance Co. v. Florida Hospital Medical Center a/a/o Melendez* , --- So.3d ----, ----, 43 Fla. L. Weekly D2463 (Fla. 5th DCA Nov. 2, 2018) ; *Progressive Select Insurance Co. v. Florida Hospital Medical Center a/a/o Sanchez* , 249 So.3d 779 (Fla. 5th DCA 2018) ; *Progressive Select Insurance Co. v. Florida Hospital Medical Center a/a/o Parent* , 236 So.3d 1183 (Fla. 5th DCA 2018) ; and *Progressive Select Insurance Co. v. Florida Hospital Medical Center a/a/o Pena* , 236 So.3d 1182 (Fla. 5th DCA 2018). In each of these cases, we certified the following question as one of great public importance:

> WHEN CALCULATING THE AMOUNT OF PIP BENEFITS DUE AN INSURED, DOES SECTION 627.739(2), FLORIDA STATUTES, REQUIRE THAT THE DEDUCTIBLE BE SUBTRACTED FROM THE TOTAL AMOUNT OF MEDICAL CHARGES BEFORE APPLYING THE REIMBURSEMENT LIMITATION UNDER SECTION 627.736(5)(a)1.b., OR MUST THE REIMBURSEMENT LIMITATION BE APPLIED FIRST AND THE DEDUCTIBLE SUBTRACTED FROM THE REMAINING AMOUNT?

*E.g.* , *Parent* , 236 So.3d at 1192. The Florida Supreme Court has accepted jurisdiction. *Progressive Select Ins. Co. v. Fla. Hosp. Med. Ctr.,* No. SC18-278, 2018 WL 2064894, at *1 (Fla. Mar. 20, 2018). At the time of this opinion, it has not yet rendered its decision.

After we issued our opinions in *Parent* and *Pena* , the Fourth District Court reached a contrary result in several of its cases and certified conflict with our decisions. *State Farm Mut. Auto. Ins. Co. v. Care Wellness Ctr. a/a/o Bardon-Diaz* , 240 So.3d 22, 24, 31 (Fla. 4th DCA 2018) ;

*1014*USAA Gen. Indem. Co. v. Gogan a/a/o Ricks* , 238 So.3d 937, 937 (Fla. 4th DCA 2018) ; *Progressive Select Ins. Co. v. David A. Blum, M.D., P.A. a/a/o Moreno* , 238 So.3d 852, 853 (Fla. 4th DCA 2018). We accordingly certify conflict with *Care Wellness Center* , *Gogan* , and *Blum* and certify the same question that we have previously certified in our above four cases as one of great public importance.

PETITION DENIED; CONFLICT CERTIFIED; QUESTION CERTIFIED.

ORFINGER, LAMBERT, and HARRIS, JJ., concur.
This disposition is not appropriate for publication and is not precedent *

except as provided by 9th Cir. R. 36-3.

The panel unanimously concludes this case is suitable for decision **

without oral argument. See Fed. R. App. P. 34(a)(2).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA,

 Plaintiff - Appellee,

 v.

HUI QIANG YAN, a.k.a. Hui Chang,

 Defendant - Appellant.

No. 11-10641

D.C. No. 1:11-cr-00002-RVM

MEMORANDUM*

Appeal from the United States District Court

for the District of the Northern Mariana Islands

Ramona V. Manglona, Chief Judge, Presiding

Submitted April 16, 2013** 

Before: CANBY, IKUTA, and WATFORD, Circuit Judges. 

Hui Qiang Yan appeals from the district court’s judgment and challenges the

three-month sentence imposed following his guilty-plea conviction for conspiracy

to unlawfully produce and transfer an identification document, in violation of 18

U.S.C. § 1028(a)(1), (a)(2), and (f). Pursuant to Anders v. California, 386 U.S.

FILED

APR 17 2013

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 11-10641

738 (1967), Yan’s counsel has filed a brief stating that there are no grounds for

relief, along with a motion to withdraw as counsel of record. We have provided

Yan the opportunity to file a pro se supplemental brief. No pro se supplemental

brief or answering brief has been filed. 

Our independent review of the record pursuant to Penson v. Ohio, 488 U.S.

75, 80 (1988), discloses no arguable grounds for relief on direct appeal. 

Counsel’s motion to withdraw is GRANTED.

AFFIRMED.
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STATE of Louisiana v. Gordon JOHNSON

No. 2018-KK-1284

Supreme Court of Louisiana.

November 1, 2018

*1034Applying For Supervisory and/or Remedial Writs, Parish of Orleans, Criminal District Court Div. J, No. 513-910: to the Court of Appeal, Fourth Circuit, No. 2018-K-0481

**ON SUPERVISORY WRITS TO THE CRIMINAL DISTRICT COURT, PARISH OF ORLEANS**

PER CURIAM:

Writ granted. In 2015, the district court found that defendant, charged with possession of a firearm by a convicted felon, La.R.S. 14:95.1, and aggravated assault with a firearm, La.R.S. 14:37.4, was incompetent to stand trial and that his capacity could not be restored in the foreseeable future. In 2017, after defendant was charged with two counts of aggravated battery, La.R.S. 14:34, defendant was found competent to proceed (although the charges were eventually dismissed for reasons unrelated to defendant's capacity). Based on that competency determination, the state filed a motion pursuant to La.C.Cr.P. art. 649 to resume the proceedings against defendant for possession of a firearm by a convicted felon and aggravated assault with a firearm. The district court denied the motion because it previously found defendant could not regain capacity with regard to those charges (because of memory loss resulting from a traumatic brain injury ), although he was competent to be tried on the more recent charges.

The district court erred to the extent it did not appoint a new sanity commission before ruling and instead relied on its previous determination that defendant's capacity could not be restored in the foreseeable future. Based on the district court's previous determination that defendant's capacity was unlikely to be restored in the foreseeable future, there is reasonable ground to doubt defendant's mental capacity to proceed now. *See generally* La.C.Cr.P. art. 643. However, the state filed its motion to resume the proceedings based on defendant's regained competency within the time afforded by La.C.Cr.P. art. 648(B)(3). Therefore, the district court should have appointed a new sanity commission in accordance with La.C.Cr.P. art. 644 and determined whether defendant has regained his capacity. Accordingly, we grant the application to reverse the district court's ruling, and we remand to the district court with instructions to appoint a sanity commission and determine whether defendant's capacity has been restored or he remains unable to assist counsel with regard to the present charges. If he remains incompetent with regard to these charges, and in light of his subsequent arrest for other violent offenses, the district court should also determine whether, in accordance with La.C.Cr.P. art. 648(B)(3), to remand defendant to custody of the Louisiana Department of Health, which may institute civil commitment proceedings.

**REVERSED AND REMANDED**
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###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         December 18, 2024.                    

# FOR FURTHER INFORMATION CONTACT:

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# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on December 9, 2024, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 976 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-720, K2025-719.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2024-30037 Filed 12-17-24; 8:45 am]

BILLING CODE 7710-12-P
EXHIBIT 31.2  OFFICER’S CERTIFICATE PURSUANT TO RULE 13a-14(a)/15d-14(a)  I, James P. McGinnis, Chief Financial Officer, certify that:  1. I have reviewed this form 10-Q for the quarter ended Septemer 30 , 2008, of EP Global Communications, Inc.;  2. Based on my knowledge, this report does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;  3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report;  4. I am responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15 (e) for the small business issuer and have:  (a) Designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared;  (b) Omitted;  (c) Evaluated the effectiveness of the small business issuer’s disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and  (d) Disclosed in this report any change in the small business issuer’s internal control over financial reporting that occurred during the small business issuer’s most recent fiscal quarter (the small business issuer’s fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuer’s internal control over financial reporting; and  5. I have disclosed, based on my most recent evaluation of internal control over financial reporting, to the small business issuer’s auditors and the audit committee of the small business issuer’s board of directors (or persons performing the equivalent functions):  (a) All significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuer’s ability to record, process, summarize and report financial information; and  (b) Any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuer’s internal control over financial reporting.  Date: November 14, 2008  By: /s/ James P. McGinnis James P. McGinnis Chief Financial Officer
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General        August 1, 2023        22-38. Investigation of the Puerto Rico Subduction Zone: Structure, processes, and seismic hazard

General        August 1, 2023        22-39. Exploring the final frontier of seafloor deformation
EXHIBIT 32.1
 
 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002
 
 CERTIFICATION
 
 In connection with the Annual Report of MAG Silver Corp. (the “Registrant”) on Form 40-F for the fiscal year ending December 31, 2013 as filed with the Securities and Exchange Commission on the date hereof (the “Report”), I, George Paspalas, Chief Executive Officer of the Registrant, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to the best of my knowledge:
 
 1.  The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
 
 2.  The information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Registrant.
 
 ­­­­/s/ “George Paspalas”
 
 Name: George Paspalas
 Title: Chief Executive Officer
 March 31, 2014
IN the INTEREST OF K.A.J. and K.A.J, children,

J.B., Appellant, v. M.M.W., M.A.W., and Guardian Ad Litem Program, Appellees.

Case No. 2D17-4719

District Court of Appeal of Florida, Second District.

Opinion filed June 13, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
<PAGE>


                                  UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                             WASHINGTON, D.C. 20549

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

                                    FORM 8-K

                                 CURRENT REPORT
                     PURSUANT TO SECTION 13 OR 15(d) OF THE
                         SECURITIES EXCHANGE ACT OF 1934

        DATE OF REPORT (DATE OF EARLIEST EVENT REPORTED): JANUARY 9, 2006

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


                        COMMUNITY SHORES BANK CORPORATION
             (Exact name of registrant as specified in its charter)


           MICHIGAN                    000-51166              38-3423227
(State or other jurisdiction       (Commission File         (IRS Employer
      of incorporation)                 Number)          Identification Number)


   1030 W. NORTON AVENUE, MUSKEGON, MICHIGAN                      49441
    (Address of principal executive offices)                    (Zip Code)

Registrant's telephone number, including area code            231-780-1800



Check the appropriate box below if the Form 8-K filing is intended to
simultaneously satisfy the filing obligation of the registrant under any of the
following provisions (see General Instruction A.2. below):


/ / Written communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)

/ / Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)

/ / Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange
Act (17 CFR 240.14d-2(b))

/ / Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange
Act (17 CFR 240.13e-4(c))





<PAGE>



ITEM 5.02   DEPARTURE OF DIRECTORS OR PRINCIPAL OFFICERS; ELECTION OF DIRECTORS;
            APPOINTMENT OF PRINCIPAL OFFICERS.


         On January 9, 2006, Michael D. Gluhanich, a member of the Boards of
Directors of Community Shores Bank Corporation (the "Company") and its
wholly-owned subsidiary, Community Shores Bank (the "Bank"), advised the Company
and the Bank that he is resigning from both Boards of Directors, effective
January 9, 2006.













                                       2

<PAGE>


                                   SIGNATURES

         Pursuant to the requirements of the Securities Exchange Act of 1934,
the registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.


                                   COMMUNITY SHORES BANK CORPORATION

                                   By:      /S/ TRACEY A. WELSH
                                       ----------------------------------------
                                         Tracey A. Welsh
                                         Senior Vice President,
                                         Chief Financial Officer and Treasurer


Date:  January 12, 2006










                                       3
```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 22 Engrossed in House (EH)]

H. Res. 22

                In the House of Representatives, U. S.,

                                                      January 14, 2013.
    Resolved, That the following named Members be, and are hereby, elected to 
the following standing committees of the House of Representatives:
    Committee on Agriculture: Ms. DelBene (to rank immediately after Mr. 
McGovern), Mr. Nolan, Mr. Gallego, Mr. Enyart, Mr. Vargas, Mrs. Bustos, and Mr. 
Sean Patrick Maloney of New York.
    Committee on Appropriations: Mr. Quigley and Mr. Owens.
    Committee on Armed Services: Mr. Carson of Indiana (to rank immediately 
after Mr. Barber).
    Committee on the Budget: Mr. McDermott (to rank immediately after Ms. Castor 
of Florida), Mr. Jeffries, Mr. Pocan, Ms. Michelle Lujan Grisham of New Mexico, 
Mr. Huffman, and Mr. Cardenas.
    Committee on Financial Services: Mr. Heck of Washington.
    Committee on Foreign Affairs: Ms. Meng, Ms. Frankel of Florida, Ms. Gabbard, 
and Mr. Castro of Texas.
    Committee on Homeland Security: Mr. Vela, Mr. Horsford, and Mr. Swalwell of 
California.
    Committee on the Judiciary: Mr. Gutierrez (to rank immediately after Mr. 
Deutch).
    Committee on Natural Resources: Ms. Shea-Porter, Mr. Lowenthal, Mr. Garcia, 
and Mr. Cartwright.
    Committee on Oversight and Government Reform: Ms. Duckworth.
    Committee on Science, Space, and Technology: Mr. Maffei, Mr. Grayson, Mr. 
Kennedy, Mr. Peters of California, Mr. Kilmer, Mr. Bera, Ms. Esty, Mr. Veasey, 
Ms. Brownley of California, and Mr. Takano.
    Committee on Small Business: Ms. Hahn (to rank immediately after Ms. Chu), 
Mr. Payne (to rank immediately after Ms. Hahn), and Mr. Schneider.
    Committee on Veterans' Affairs: Ms. Titus, Mrs. Kirkpatrick, Mr. Ruiz, Mrs. 
Negrete McLeod, Ms. Kuster, and Mr. O'Rourke.
            Attest:

                                                                          Clerk.
```