alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# Third District Court of Appeal State of Florida
Opinion filed March 20, 2024

. Not final until disposition of timely filed motion for rehearing.

________________ No. 3D23

- 1228 Lower Tribunal No. 17

- 25973

________________ 

### Esin Daniel Abia , Appellant,

vs. 

### City of Opa - Locka , Appellee.

An Appeal from the Circuit Court for Miami

- Dade County, Peter R. Lopez , Judge. James H. Greason, for appellant. Jo hnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A., and Jeffrey L. Hochman and Hudson C. Gill (Fort Lauderdale) , for appellee.

Before MILLER, LOBREE and BOKOR , JJ. BOKOR, J

.2

Esin Daniel Abia appeals the trial court’s entry of summary judgment in favor of the City of Opa

- Locka on sovereign immunity grounds. Distilling a long and muddled procedural history, Abia and Opa

- Locka settled Abia’s wrongful termination lawsuit in 2012, based on an agreement for “full re

instatement of [Abia’s] employme nt” with Opa

- Locka. The trial court correctly notes that, based on sovereign immunity principles, Abia can’t enforce implied rights or obligations absent from the contract. See Dist. Bd. of Trs. of Miami Dade Coll. v. Verdini , 339 So. 3d 413, 421 (Fla. 3d DCA 2022) ( noting that sovereign immunity barred breach of contract claim absent

“ an express, written contractual obligation ”). However, Opa

- Locka cannot take the benefit of the settlement agreement

— the dismissal of a lawsuit

— and then later a rgue that the same agreement is unenforceable

. See Pipeline Contractors, Inc. v. Keystone Airpark Auth. , 276 So. 3d 436, 439 (Fla. 1st DCA 2019) (“ Because they accepted the benefits of the contract through payment from KAA, Pipeline and Hanover were prope rly estopped from raising the argument that the contract was void in an attempt to avoid the burdens of the contract embodied by KAA's claims against them. ”). Therefore, to the extent that Abia argues that Opa

- Locka breached the settlement agreement by failing to reinstate him to an equivalent position with the same salary and benefits, and seeks damages based on the difference3

between such salary and benefits promised and his actual salary and benefits post

- reinstat ement, such a claim is not barred by sovereign immunity. However, to the extent that Abia seeks damages for back pay for the time prior to reinstatement, such a claim would be barred as it is outside the express terms of the settlement agreement. See, e. g. , Fla. Int’l Univ. Bd. of Trs. v. Alexandre , 365 So. 3d 436, 44 2 (Fla. 3d DCA 2023) (reversing class certification and requiring dismissal where “ the operative complaint fails to incorporate any document or writing containing an express promise for FIU

. . . to provide the claimed services ”). Accordingly, we affirm the portion of the trial court’s final summary judgment in favor of Opa

- Locka to the extent that it bars Abia from seeking back pay prior to reinstatement but reverse to permit Abia’s cl aim for breach based on the claimed failure to honor the requirement of “ full re

- instatement of [Abia’s] employment .” Affirmed in part, reversed in part, and remanded for further proceedings.
Kathryn Ann HEMETEK, petitioner, v. UNITED STATES.

No. 13-6706.

Supreme Court of the United States

Nov. 4, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.
Mary BERGHUIS, Warden, petitioner, v. Kevin MOORE.

No. 12-1074.

Supreme Court of the United States

May 13, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
IB 

Union Calendar No. 211 

109TH CONGRESS 

2D SESSION H. R. 1606 

[Report No. 109–389] 

To amend the Federal Election Campaign Act of 1971 to exclude 

communications over the Internet from the definition of public communication. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 13, 2005 

Mr. HENSARLING introduced the following bill; which was referred to the 

Committee on House Administration 

MARCH 13, 2006 

Additional sponsors: Mr. PAUL, Mrs. MUSGRAVE, Mr. FLAKE, Mr. RYAN of 

Ohio, Mr. CONYERS, Mr. CANNON, Mr. BOUCHER, Mr. KENNEDY of Minnesota, and Mr. BISHOP of Utah 

MARCH 13, 2006 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 

A BILL 

To amend the Federal Election Campaign Act of 1971 to 

exclude communications over the Internet from the definition of public communication. 

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


sroberts on PROD1PC70 with BILLS
2 

•HR 1606 RH 

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Online Freedom of 

3 Speech Act’’. 

4 SEC. 2. MODIFICATION OF DEFINITION OF PUBLIC COMMU5 NICATION. 

6 Paragraph (22) of section 301 of the Federal Elec7 tion Campaign Act of 1971 (2 U.S.C. 431(22)) is amend8 ed by adding at the end the following new sentence: ‘‘Such 

9 term shall not include communications over the Internet.’’. 


sroberts on PROD1PC70 with BILLS

sroberts on PROD1PC70 with BILLS
Union Calendar No. 211 

109TH CONGRESS 

2D SESSION H. R. 1606 

[Report No. 109

–389] 

A BILL 

To amend the Federal Election Campaign Act of 

net from the definition of public communication. 1971 to exclude communications over the InterMARCH 13, 2006 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


sroberts on PROD1PC70 with BILLS
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

HAMMOND DIVISION

HENRY KLEYWEG and CLAUDIA

KLEYWEG,

Plaintiffs,

v.

BANK OF AMERICA, N.A., and BAC HOME

LOANS SERVICING, LP.,

Defendants.

)

)

)

)

)

)

)

)

)

)

)

Case No. 2:14-cv-00138-JD-PRC

Removed from Porter Superior Court for

the State of Indiana,

Cause No. 64D01-1403-PL-002699

NOTICE OF SERVICE OF RULE 26(A)(1) INITIAL DISCLOSURES

Defendant, Bank of America, N.A., by counsel, notifies the Court that it served its

Federal Rule of Civil Procedure 26(a)(1) Initial Disclosures on the 4th day of August, 2014.

Respectfully submitted,

FROST BROWN TODD LLC

By: /s/Jacob V. Bradley

Jacob V. Bradley, #27750-49

Attorneys for Defendant,

Bank of America, N.A.

case 2:14-cv-00138-JD-PRC document 17 filed 08/04/14 page 1 of 2
2

CERTIFICATE OF SERVICE

I hereby certify that on the 4th day of August, 2014, a copy of the foregoing was filed

electronically. Notice of this filing will be sent to the following parties by operation of the

Court’s electronic filing system. Parties may access this filing through the Court’s system.

Blake N. Dahl

Fred W. Grady & Associates, PC

blake@lawfirmindiana.com

blake.dahl@yahoo.com

/s/Jacob V. Bradley

Jacob V. Bradley

FROST BROWN TODD LLC

201 N. Illinois St., Suite 1900

P.O. Box 44961

Indianapolis, IN 46244-0961

317-237-3800

Fax: 317-237-3900

jbradley@fbtlaw.com

BT07586.0616308 4848-4533-5836v1

case 2:14-cv-00138-JD-PRC document 17 filed 08/04/14 page 2 of 2
[Federal Register Volume 60, Number 87 (Friday, May 5, 1995)]
[Notices]
[Page 22414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11103]



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


NATIONAL SCIENCE FOUNDATION

Special Emphasis Panel in Mechanical and Structural Systems; 
Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-
463, as amended), the National Science Foundation announces the 
following meeting:

    Name: Special Emphasis Panel in Civil and Mechanical Systems.
    Date and Time: May 22, 1995, 8:30 a.m. to 4:00 p.m.
    Place: National Science Foundation, Room 330, Arlington, VA 
22230.
    Notice of Meeting: Closed.
    Contact Person: Dr. Jorn Larsen-Basse, Program Director, 4201 
Wilson Blvd., Arlington, VA 22230. Telephone: (703) 306-1360.
    Purpose of Meeting: To provide advice and recommendations 
concerning proposals submitted to NSF for financial support.
    Agenda: Review and evaluate Civil and Mechanical Systems NSF IIA 
proposals.
    Reason for Closing: The proposals being reviewed include 
information of a proprietary or confidential nature, including 
technical information, financial data, such as salaries, and 
personal information concerning individuals associated with the 
proposals. These matters are exempt under 5 U.S.C. 552b.(c) (4) and 
(6) of the Government in the Sunshine Act.

    Dated: May 1, 1995.
M. Rebecca Winkler,
Committee Management Officer.
[FR Doc. 95-11103 Filed 5-26-95; 8:45 am]
BILLING CODE 7555-01-M
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

UNITED STATES OF AMERICA )

)

v. ) CAUSE NO. 1:13-CR-40

)

TREY T. JACKSON )

FINDINGS AND RECOMMENDATION

OF THE MAGISTRATE JUDGE

UPON A PLEA OF GUILTY

TO: THE HONORABLE THERESA L. SPRINGMANN, JUDGE, 

UNITED STATES DISTRICT COURT

Upon Defendant’s request to enter a plea of guilty pursuant to Rule 11 of the Federal Rules

of Criminal Procedure, this matter came on for hearing before U.S. Magistrate Roger B. Cosbey,

on August 16, 2013, with the written consents of the defendant, counsel for the defendant, and

counsel for the United States of America.

The hearing on defendant’s plea of guilty was in full compliance with Rule 11, Federal

Rules of Criminal Procedure, before the Magistrate Judge in open court and on the record.

In consideration of that hearing and the statements made by the defendant under oath on

the record and in the presence of counsel, the remarks of the Assistant United States Attorney and

of counsel for defendant,

I FIND as follows:

(1) that defendant understands the nature of the charges against him to which the plea is

offered;

(2) that the defendant understands his right to trial by jury, to persist in his plea of not

guilty, to the assistance of counsel at trial, to confront and cross-examine adverse witnesses, and
his right against compelled self-incrimination;

(3) that the defendant understands what the maximum possible sentence is, including the

effect of the supervised release term, and defendant understands that the Sentencing Guidelines

apply and that the Court may depart from those guidelines under some circumstances;

(4) that the plea of guilty by the defendant has been knowingly and voluntarily made and

is not the result of force or threats or of promises apart from the plea agreement between the

parties;

(5) that defendant is competent to plead guilty;

(6) that the defendant understands that his answers may later be used against him in a

prosecution for perjury or false statement;

(7) that there is a factual basis for the defendant’s plea; and further,

I RECOMMEND that the Court accept the defendant’s plea of guilty and that the

Defendant be adjudged guilty of the offenses charged in Counts 1 and 2 of the three-count

Indictment, and have sentence imposed. A Presentence Report has been ordered. Should this

Report and Recommendation be accepted and the Defendant adjudged guilty, sentencing will be

scheduled before Judge Theresa L. Springmann by separate order and notice. Objections to the

Findings and Recommendation are waived unless filed and served within fourteen (14) days. 28

U.S.C. § 636(b)(1)(B).

DATED this 16th day of August, 2013.

/s/ Roger B. Cosbey 

Roger B. Cosbey

United States Magistrate Judge

2
UNITED STATES JUDICIAL PANEL

on

MULTIDISTRICT LITIGATION

IN RE: BIOMET M2A MAGNUM HIP IMPLANT

PRODUCTS LIABILITY LITIGATION MDL No. 2391

(SEE ATTACHED SCHEDULE)

CONDITIONAL TRANSFER ORDER (CTO −32)

On October 2, 2012, the Panel transferred 8 civil action(s) to the United States District Court for the

Northern District of Indiana for coordinated or consolidated pretrial proceedings pursuant to 28

U.S.C. §1407. See _F.Supp.2d_ (J.P.M.L. 2012). Since that time, 192 additional action(s) have been

transferred to the Northern District of Indiana. With the consent of that court, all such actions have

been assigned to the Honorable Robert L Miller, Jr.

It appears that the action(s) on this conditional transfer order involve questions of fact that are

common to the actions previously transferred to the Northern District of Indiana and assigned to

Judge Miller.

Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict

Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. §1407 to the

Northern District of Indiana for the reasons stated in the order of October 2, 2012, and, with the

consent of that court, assigned to the Honorable Robert L Miller, Jr.

This order does not become effective until it is filed in the Office of the Clerk of the United States

District Court for the Northern District of Indiana. The transmittal of this order to said Clerk shall be

stayed 7 days from the entry thereof. If any party files a notice of opposition with the Clerk of the

Panel within this 7−day period, the stay will be continued until further order of the Panel.

FOR THE PANEL:

 Jeffery N. Lüthi

Clerk of the Panel
IN RE: BIOMET M2A MAGNUM HIP IMPLANT

PRODUCTS LIABILITY LITIGATION MDL No. 2391

SCHEDULE CTO−32 − TAG−ALONG ACTIONS

DIST DIV. C.A.NO. CASE CAPTION

FLORIDA SOUTHERN

FLS 0 13−60550 Felinski v. Biomet Orthopedics, LLC et al

LOUISIANA EASTERN

LAE 2 12−02115 Cox v. Biomet, Inc. et al

NEVADA

NV 2 13−00172 Popick v. Biomet, Inc. et al
WARNING: THE EDGAR SYSTEM ENCOUNTERED ERROR(S) WHILE PROCESSING THIS SCHEDULE.

<TABLE> <S> <C>
                                                              Exhibit 27
<ARTICLE> 5
<MULTIPLIER> 1000

<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-START>                             JAN-01-1999
<PERIOD-END>                               JUN-30-1999
<CASH>                                          20,200
<SECURITIES>                                         0
<RECEIVABLES>                                  582,900
<ALLOWANCES>                                  (60,100)
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                               0
<DEPRECIATION>                                       0
<TOTAL-ASSETS>                               2,837,400
<CURRENT-LIABILITIES>                                0
<BONDS>                                      1,733,000
<COMMON>                                         5,000
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     50,000
<OTHER-SE>                                     251,300
<TOTAL-LIABILITY-AND-EQUITY>                 2,837,400
<SALES>                                              0
<TOTAL-REVENUES>                               131,400
<CGS>                                                0
<TOTAL-COSTS>                                   78,300
<OTHER-EXPENSES>                                 5,100
<LOSS-PROVISION>                                 3,600
<INTEREST-EXPENSE>                              64,500
<INCOME-PRETAX>                                 53,100
<INCOME-TAX>                                    20,200
<INCOME-CONTINUING>                             32,900
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    32,900
<EPS-BASIC>                                        0
<EPS-DILUTED>                                        0




</TABLE>
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

LAFAYETTE DIVISION

APRIL RICHESIN, )

)

Plaintiff, ) CASE NO. 4:13-cv-00029-JVB-PRC

)

v. ) NOTICE OF STIPULATION OF DISMISSAL

)

GE CAPITAL RETAIL BANK )

)

Defendant. )

________________________________________________________________________

Plaintiff April Richesin, along with Defendant, hereby provide notice that, pursuant to 

Fed. R. Civ. P. 41(a)(1)(A)(ii), the parties stipulate to a dismissal of this action with prejudice.

IT IS SO STIPULATED.

Dated: March 26, 2014 By: __/s/Melissa Wilkes_____________________

WILKES LAW FIRM

Melissa Wilkes

200 Ferry Street, Suite D

Lafayette, IN 47901

mwilkes@wilkes-law.com e-mail

By:/s/Henry Pietrkowski_____________________

REED SMITH LLP

Henry Pietrkowski

10 S. Wacker Drive, 40th Floor

Chicago, IL 60606

hpietrkowski@reedsmith.com

USDC IN/ND case 4:13-cv-00029-JVB-PRC document 33 filed 03/26/14 page 1 of 1
Raj SINGH, petitioner, v. David CUSICK, Trustee, et al.

No. 12-9230.

Supreme Court of the United States

May 20, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.
Jack R. KOCH, petitioner, v. Adam ESTRELLA, et al.

No. 12-9690.

Supreme Court of the United States

Aug. 12, 2013.

Petition for rehearing denied.
Exhibit 10.35



                                                     AGREEMENT

         WHEREAS, John E. Bryson ("Bryson") and Southern California Edison Company, a California corporation
("SCE") entered into that certain 1985 Deferred Compensation Plan Agreement for Executives (the "1985 Agreement"),
dated September 27, 1985, and that certain Deferred Compensation Plan Deferred Compensation Agreement, dated
November 28, 1984 (the "1981A Agreement") (collectively, the "Agreements");

         WHEREAS, in connection with Bryson's resigning as a director and officer of SCE effective January 1,
2000, Edison International  ("EIX") agreed to prospectively be responsible for the costs of Bryson's
participation in the Agreements and SCE transferred to EIX an amount equal to Bryson's account balance under the
Agreements as of December 31, 1999;

         WHEREAS, effective January 1, 2003, Bryson resumed his position as Chairman of the Board of SCE.

         NOW THEREFORE, the parties hereby agree as follows:

         1.       Effective December 31, 2003, EIX shall no longer be responsible for the costs of Bryson's
participation in the Agreements.

         2.       Within 90 days after the date hereof, EIX shall transfer to SCE an amount equal to equal to
Bryson's account balance under the Agreements as of December 31, 2003, reflecting the cost of Bryson's
participation in the Agreements through the end of 2003.

         3.       Bryson confirms that SCE, and not EIX, is the party responsible for payments under the
Agreements.

         IN WITNESS WHEREOF, the parties have executed this Agreement as of December 31, 2003.

EDISON INTERNATIONAL                                          SOUTHERN CALIFORNIA EDISON
                                                              COMPANY

/S/ Theodore F. Craver, Jr.                                   /S/ Alan J. Fohrer
--------------------------------------                        ----------------------------------------
By:  Theodore F. Craver, Jr.                                  By:  Alan J. Fohrer
EVP, CFO and Treasurer                                        CEO

AGREED AND ACKNOWLEDGED:


/S/ John E. Bryson
------------------------------------
John E. Bryson
| (1) | the Annual Report on Form 10-K of Urban Barns Foods Inc. for the year ended July 31, 2010 (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 Urban Barns Foods Inc. |
|-----|----------------------------------------------------------------------------------------------------------------------------------------------------------------|

| Dated: November 15, 2010 |   | /s/Jacob Benne                                  |
|--------------------------|--------|-------------------------------------------------|
|                     |   | Jacob Benne                                     |
|                     |   | President, Chief Executive Officer and Director |
|                     |   | (Principal Executive Officer)                   |
|                     |   | Urban Barns Foods Inc.                          |
case 2:13-cv-00491-RL-JEM document 54 filed 07/11/14 page 1 of 1