alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Toribia R. TOQUERO, Petitioner, v. OFFICE OF PERSONNEL MANAGEMENT, Respondent.

No. 04-3112.

United States Court of Appeals, Federal Circuit.

April 12, 2004.

Douglas K. Mickle, Principal Attorney, Jeanne E. Davidson, David M. Cohen, of Counsel, Washington, DC, for Respondent.

Toribia R. Toquero, Candon City, llocos Sur, Philippines, pro se.

ORDER

The petitioner having failed to file the brief required by Federal Circuit Rule 31(a) within the time permitted by the rules, it is

ORDERED that the petition for review be, and the same hereby is, DISMISSED, for failure to prosecute in accordance with the rules.
##### 



Exhibit 3.1
 THIRD AMENDED AND RESTATED
CERTIFICATE OF INCORPORATION
OF
MAKO SURGICAL CORP.
       ARTICLE I
NAME
 Corporation
 ARTICLE II
REGISTERED OFFICE AND REGISTERED AGENT
  ARTICLE III
PURPOSE
 Delaware General Corporation Law
  1




---



##### 



ARTICLE IV
CAPITAL STOCK
 Common Stock Preferred Stock
 ARTICLE V
COMMON STOCK
  ARTICLE VI
PREFERRED STOCK
 Preferred Stock Board
  2




---



##### 



3




---



##### 



Rights of Preferred Stock
     4




---



##### 



ARTICLE VII
BYLAWS
 provided
 ARTICLE VIII
BOARD OF DIRECTORS
 Management of Business and Affairs of the Corporation; Voting
 Classified Board
  5




---



##### 



Election
 Vacancies
 Directors Elected by Holders of Preferred Stock
 Number of Directors Constituting the Board
  6




---



##### 



ARTICLE IX
NO ACTION BY WRITTEN CONSENT OF STOCKHOLDERS
  ARTICLE X
DIRECTOR LIABILITY
   7




---



##### 



ARTICLE XI
INDEMNIFICATION
  ARTICLE XII
AMENDMENT OF CERTIFICATE OF INCORPORATION
    8




---



##### 



th
 MAKO SURGICAL CORP.By:
    
    /s/ Menashe R. FrankName: Menashe R. Frank
Title: Senior Vice President, General Counsel and
Secretary
  9
I 

109TH CONGRESS 

1ST SESSION H. R. 169 

To amend the Intermodal Surface Transportation Efficiency Act of 1991 

to designate a high priority corridor in California. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005 

Ms. MILLENDER-MCDONALD introduced the following bill; which was referred 

to the Committee on Transportation and Infrastructure 

A BILL 

To amend the Intermodal Surface Transportation Efficiency 

Act of 1991 to designate a high priority corridor in 

California. 

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

3 SECTION 1. CALIFORNIA HIGH PRIORITY CORRIDOR. 

4 Section 1105(c) of the Intermodal Surface Transpor5 tation Efficiency Act of 1991 (105 Stat. 2031; 109 Stat. 

6 596; 112 Stat. 190) is amended by adding at the end the 

7 following: 

8 ‘‘(46) I–710 between the terminus at Long 

9 Beach, California, to State Route 60 in California.’’. 

Æ
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1394 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 1394

 To amend the Small Business Act to clarify that the Administrator of 
the Small Business Administration is authorized to make economic injury 
       disaster loans in response to disasters caused by drought.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2005

  Ms. Hooley introduced the following bill; which was referred to the 
                      Committee on Small Business

_______________________________________________________________________

                                 A BILL

 
 To amend the Small Business Act to clarify that the Administrator of 
the Small Business Administration is authorized to make economic injury 
       disaster loans in response to disasters caused by drought.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Small Business Administration 
Drought Assistance Act''.

SEC. 2. ECONOMIC INJURY LOANS FOR DISASTERS CAUSED BY DROUGHT.

    Section 7(b)(2) of the Small Business Act (15 U.S.C. 636(b)(2)) is 
amended by inserting ``(including a drought)'' after ``in an area 
affected by a disaster''.
                                 <all>
```
EX-34.4
(logo) PRICEWATERHOUSECOOPERS

PricewaterhouseCoopers LLP
2001 Ross Avenue, Suite 1800
Dallas TX 75201-2997
Telephone (214) 999 1400
Facsimile (214) 754 7991



Report of independent Registered Public Accounting Firm

To the Board of Directors of The First American Corporation:

We have examined management's assertion, included in the accompanying
Report on Assessment of Compliance, that First American Commercial Real Estate
Services, Inc. (the "Company" and an indirect subsidiary of The First American
Corporation) complied with the servicing criteria set forth in Item 1122(d) of
the Securities and Exchange Commission's Regulation AB for all loans for
commercial mortgage loan outsourcing customers for which the Company served as
the commercial tax service provider (the "Platform"), as of December 31, 2007
and for the year then ended, excluding criteria 1122(d)(1)(i)-(iii),
1122(d)(2)(i)-(iv), 112(d)(3)(i)-(iv),1122(d)(4)(i)-(x) and
1122(d)(4)(xiv)-(xv), which the Company has determined are not applicable to the
servicing activities performed by it with respect to the Platform. Management's
assertion identifies the individual securities defined by management as
constituting the Platform. Management is responsible for the Company's
compliance with the servicing criteria. Our responsibility is to express an
opinion on management's assertion based on our examination.

Our examination was conducted in accordance with standards of the Public
Company Accounting Oversight Board (United States) and, accordingly, included
examining, on a test basis, evidence about the Company's compliance with the
applicable servicing criteria and performing such other procedures as we
considered necessary in the circumstances. Our examination included testing of
selected securities that comprise the Platform, testing of selected servicing
activities related to the Platform, and determining whether the Company
processed those selected transactions and performed those selected activities in
compliance with the applicable servicing criteria. Our procedures were limited
to the selected transactions and servicing activities performed by the Company
during the period covered by this report. Our procedures were not designed to
detect noncompliance arising from errors that may have occurred prior to or
subsequent to our tests that may have affected the balances or amounts
calculated or reported by the Company during the period covered by this report.
We believe that our examination provides a reasonable basis for our opinion. Our
examination does not provide a legal determination on the Company's compliance
with the servicing criteria.

In our opinion, management's assertion that the Company complied with the
aforementioned applicable servicing criteria as of and for the year ended
December 31, 2007 for all loans for commercial mortgage loan outsourcing
customers for which the Company served as the commercial tax service provider is
fairly stated, in all material respects.


/s/ PricewaterhouseCoopers LLP

February 12, 2008
Joseph F. KENNEDY, petitioner, v. UNITED STATES.

No. 12-10363.

Supreme Court of the United States

June 24, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Second Circuit denied.
* Pursuant to 5 TH C IR
. 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 5 TH C IR
. R. 47.5.4. 

### UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 97-50755

GERALD ROLF, ET AL., Plaintiffs-Appellants,

versus CITY OF SAN ANTONIO; SAN ANTONIO WATER SYSTEM, ET AL., Defendants-Appellees.

Appeal from the United States District Court for the Western District of Texas (SA-92-CV-1167) August 10, 1998

Before POLITZ, Chief Judge, WIENER and DENNIS, Circuit Judges. PER CURIAM: * 

### This matter is on appeal of an adverse summary judgment by the several2



### plaintiffs-appellants in their action against the City of San Antonio, its water system, and several officials thereof. Having considered the briefs and oral arguments of counsel, and pertinent parts of the record, and on the basis of the facts as detailed, authorities cited and analysis made by the district court in its Order Granting Summary Judgment signed, entered, and filed on May 22, 1997, the judgment appealed is AFFIRMED.
**EXHIBIT 15**

**LETTER FROM INDEPENDENT REGISTERED PUBLIC ACCOUNTING FIRM REGARDING UNAUDITED INTERIM FINANCIAL INFORMATION**

**LETTER IN LIEU OFCONSENT FOR REVIEW REPORT**

April 22, 2008 

BoeingCapital Corporation 

500 Naches Avenue SW, 3rd Floor 

Renton, Washington 

We havereviewed, in accordance with the standards of the Public Company Accounting Oversight Board (United States), the unaudited interim financial information of Boeing Capital Corporation and subsidiaries for the periods ended March 31, 2008 and2007, as indicated in our report dated April 22, 2008; because we did not perform an audit, we expressed no opinion on that information. 

We areaware that our report referred to above, which is included in your Quarterly Report on Form 10-Q for the quarter ended March 31, 2008, is incorporated by reference in Registration Statement Nos. 333-55846 and 333-83208 on Form S-3. 

We also are aware that the aforementioned report, pursuant to Rule 436(c) under the Securities Act of 1933, is not considered a part of the RegistrationStatement prepared or certified by an accountant or a report prepared or certified by an accountant within the meaning of Sections 7 and 11 of that Act. 

/s/DELOITTE & TOUCHE LLP 

Seattle, Washington 

 

19
[Federal Register Volume 60, Number 102 (Friday, May 26, 1995)]
[Notices]
[Page 27965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12934]



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

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 051095A]


Atlantic Coastal Fisheries Cooperative Management Act; Meeting

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Coordination meeting.

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

SUMMARY: NMFS and the U.S. Fish and Wildlife Service will hold a joint 
meeting to discuss coordination of activities that support Atlantic 
States Marine Fisheries Commission coastal fisheries management plans 
under the Atlantic Coastal Fisheries Cooperative Act and the Atlantic 
Striped Bass Conservation Act.

DATES: The meeting will be held on June 14, 1995, at 10:00 a.m. to 3:00 
p.m. and is open to the public.

ADDRESSES: The meeting will be held at the U.S. Fish and Wildlife 
Service Building, 4401 Fairfax Drive, Arlington, VA 22203.

FOR FURTHER INFORMATION CONTACT: Paul Perra, NMFS; telephone: (301) 
713-2347.

    Authority: Public Law 103-206 and Public Law 102-103.

    Dated: May 19, 1995.
Richard W. Surdi,
Acting Director, Office of Fisheries Conservation and Management, 
National Marine Fisheries Service.
[FR Doc. 95-12934 Filed 5-25-95; 8:45 am]
BILLING CODE 3510-22-F
FDIC COMMITTEE ON

ECONOMIC INCLUSIONEvolving Trends in Financial Services:Opportunities and Challenges for the Unders
Hidden Risks: The Case for Safe and Transparent Checking Acco
Poor Disclosure of Key Terms & Conditions
Pew’s Model Disclosure Box for Checking Accounts
Disproportionate Overdraft Fees
Banks Reorder Transactions, Which Increases Overdraft Fees

Transaction Transaction Infractio

Infractio
Slipping Behind: Low‐Income Los Angeles Households Drift Fur

the Financial Mainstream
Slipping Behind: Reasons for Leaving Banking
Word Associations Word Associations
Word Associations Word Associations
Overdraft is Driving Prepaid
Specifics on Prepaid Cards
Prepaid Card Fees
Prepaid Card Loading Information
Recommendations for Banks
Ardie Hollifield

(202) 552‐2221ahollifield@pewtrusts.orgwww.pewtrusts.org/money
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

FORT WAYNE DIVISION

MARK A. COTTON, )

)

Plaintiff, )

)

v. ) Case No. 1:14-CV-00189 

)

DAVID M. GILBERT, et al., )

)

Defendants. )

OPINION and ORDER

Before the Court is pro se Plaintiff’s motion seeking (1) an extension of time to respond

to Defendant’s answer, and (2) an entry of a default judgment against all Defendants. (Docket #

17.) 

With respect to Plaintiff’s first requested relief, the motion for an extension is DENIED. 

There is no basis for Plaintiff to file a response to Defendants’ answer. See, e.g., Banks v.

Kartman, No. 09-cv-98, 2009 WL 1615530, at *1 (W.D. Wis. 2009) (“[Defendants] have not

filed a motion to dismiss. If such a motion were to be filed, plaintiff would be allowed to

respond to it. Otherwise, it is not necessary for the plaintiff to respond to defendants’ answer. 

Indeed, Fed. R. Civ. P. 7(a) forbids a plaintiff to submit a reply to an answer unless the court

directs a reply to be filed.”).

And as to Plaintiff’s request for the entry of a default judgment, the District Judge in his

Order dated July 28, 2014, dismissed all claims against Defendants other than Kauffman,

McKnight, and Thompson; therefore, only these three Defendants remain in the case. (Docket #

3.) 
On August 20, 2014, counsel appeared for Kauffman and McKnight and requested an

extension of time within which to respond to Plaintiff’s complaint. (Docket # 8, 10.) The Court

granted their request (Docket # 11), and on September 16, 2014, they timely filed their answer

(Docket # 16). Therefore, there is no basis for the entry of a default against Kauffman and

McKnight. See, e.g., Indiana Ins. Co. v. Barnes, No. 98 C 1272, 1998 WL 440896, at *1 (N.D.

Ill. July 27, 1998) (“The basis for the default order was the defendants’ failure to answer or

otherwise plead.”). 

That leaves Defendant Thompson. Plaintiff sent the summons and complaint via certified

mail to Thompson at the Marion Police Department. (Docket # 4.) But the City of Marion Legal

Department responded with a letter explaining that although the mailing was accepted by

administrative staff, Thompson was no longer employed by the City of Marion at the time and

did not authorize the City to accept legal service on his behalf. (Docket # 7.) Therefore, Plaintiff

has not effected service on Thompson, see Fed. R. Civ. P. 4(e); Indiana Rule of Trial Procedure

4.1, and thus, cannot obtain a default against him. See Barnes, 1998 WL 440896, at *1 (“Of

course, the defendants were under no obligation to answer or otherwise plead until they received

proper service of process.”). 

For these reasons, Plaintiff’s motion requesting an extension of time to respond to

Defendants’ answer and for the entry of a default judgment (Docket # 17) is DENIED. 

SO ORDERED.

 Dated: September 26, 2014 s/Roger B. Cosbey_______________________

Roger B. Cosbey

United States District Court
Brian J. CUMMINGS, petitioner, v. Hector SANTIAGO, Warden.

No. 13-6900.

Supreme Court of the United States

Dec. 2, 2013.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
Charles KINNEY, petitioner, v. COURT OF APPEAL OF CALIFORNIA, SECOND APPELLATE DISTRICT.

No. 12-8976.

Supreme Court of the United States

April 29, 2013.

Petition for writ of certiorari to the Court of Appeal of California, Second Appellate District, denied.
I 

109TH CONGRESS 

1ST SESSION H. R. 1301

To amend the Federal Charter of the Boy Scouts of America in title 36, 

United States Code, to ratify the authority of the Secretary of Defense 

and military installations and units of the Armed Forces to officially 

sponsor units of the Boy Scouts of America serving dependents of members of the Armed Forces and to make facilities of the Department 

of Defense available for Boy Scout meetings and activities, such as 

national and world Boy Scout Jamborees. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 15, 2005

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

Committee on the Judiciary 

A BILL

To amend the Federal Charter of the Boy Scouts of America 

in title 36, United States Code, to ratify the authority 

of the Secretary of Defense and military installations 

and units of the Armed Forces to officially sponsor units 

of the Boy Scouts of America serving dependents of 

members of the Armed Forces and to make facilities 

of the Department of Defense available for Boy Scout 

meetings and activities, such as national and world Boy 

Scout Jamborees.

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

•HR 1301 IH 

1 SECTION 1. DEPARTMENT OF DEFENSE SPONSORSHIP AND 

2 SUPPORT FOR BOY SCOUTS OF AMERICA. 

3 Section 30904 of title 36, United States Code, is 

4 amended by adding at the end the following new sub5 section: 

6 ‘‘(c) FEDERAL SUPPORT.—The Secretary of Defense, 

7 and military installations and units of the Armed Forces 

8 under the jurisdiction of the Secretary of Defense, may 

9 support the corporation by officially sponsoring units of 

10 the Boy Scouts of America serving dependents of members 

11 of the Armed Forces and by making facilities of the De12 partment of Defense available for the meetings of such 

13 Boy Scout units and for other Boy Scout activities, such 

14 as national and world Boy Scout Jamborees.’’.

Æ
|                                    | 2003   | 2004  | 2005  | 2006  | 2007  |
|-----------------------------------------|--------|-------|-------|-------|-------|
| Operating Budget Spending ($ Biillions) | $1.008 | 1.004 | 0.990 | 0.973 | 1.002 |
OFFICE OF THE ‘ATTORNEY GENERAL OF TEXAS 

AUSTIN 


Y#J68t$OA 8II &66 th6 WU?diA#$ Of th8 

pttopeue8 agpUortioa ror lrauaaim 0r traa8- 

porting amat eontraator idMtifiO6tioA 0ePb 

twl tha readlng~ of the grogcwe5 ear&, eaoh 

marked IBe. 1, oontorp with tha leu'i 


-T’?CIU CBRTIFfX3 THAT 

llosaee~ sibrue fntlb dealer No. . a* 

prlnal al, or tha Met0 of Tofoe, ba 

glloat Pon rear the l88u~~o of identl~l%~o~p
```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 544 Agreed to Senate (ATS)]

<DOC>

117th CONGRESS
  2d Session
S. RES. 544

   Recognizing the importance of maple syrup production to Maine and 
         designating March 27, 2022, as ``Maine Maple Sunday''.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 14, 2022

    Mr. King (for himself and Ms. Collins) submitted the following 
             resolution; which was considered and agreed to

_______________________________________________________________________

                               RESOLUTION

 
   Recognizing the importance of maple syrup production to Maine and 
         designating March 27, 2022, as ``Maine Maple Sunday''.

Whereas the art of making sugar and syrup from the sap of the maple tree (also 
        known as acer saccharinum) was developed by Native Americans of the 
        Northeastern United States;
Whereas the production of maple syrup in Maine has a seasonal window between 
        January and May, which is when temperatures drop below freezing at night 
        and rise above freezing during the day;
Whereas Maine accounts for 17 percent of United States production of maple syrup 
        and is the third largest producer among the States;
Whereas Maine maple syrup producers make more than 575,000 gallons of syrup 
        annually, generating more than $27,000,000 for the Maine economy;
Whereas maple syrup production in Maine supports more than 560 full-time and 
        part-time jobs that generate more than $17,300,000 in wages;
Whereas Maine Maple Sunday has been observed for nearly 40 years, with more than 
        100 sugarhouses participating from Aroostook to York County, Maine, and 
        attracting thousands of visitors annually;
Whereas Maine Maple Sunday is always observed the fourth Sunday in March; and
Whereas on March 27,2022, Maine maple syrup producers will host the 39th annual 
        Maine Maple Sunday: Now, therefore, be it
    Resolved, That the Senate--
            (1) designates March 27, 2022, as ``Maine Maple Sunday''; 
        and
            (2) recognizes the contribution and importance of maple 
        syrup producers and their families in the State of Maine.
                                 <all>
```
```

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1702 Introduced in House (IH)]

109th CONGRESS
  1st Session
                                H. R. 1702

  To suspend temporarily the duty on certain pepperoncini prepared or 
 preserved otherwise than by vinegar or acetic acid in concentrations 
                         less than 0.5 percent.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             April 19, 2005

 Mr. Pascrell introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
  To suspend temporarily the duty on certain pepperoncini prepared or 
 preserved otherwise than by vinegar or acetic acid in concentrations 
                         less than 0.5 percent.

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

SECTION 1. CERTAIN PEPPERONCINI PREPARED OR PRESERVED OTHERWISE THAN BY 
              VINEGAR OR ACETIC ACID IN CONCENTRATIONS LESS THAN 0.5 
              PERCENT.

    (a) In General.--Subchapter II of chapter 99 of the Harmonized 
Tariff Schedule of the United States is amended by inserting in 
numerical sequence the following new heading:

``      9902.20.07       Pepperoncini,      Free         No change        No change        On or before 12/  ''.
                         prepared or                                                        31/2008
                         preserved
                         otherwise than by
                         vinegar or acetic
                         acid in
                         concentrations
                         less than 0.5
                         percent (provided
                         for in subheading
                         2005.90.97)......

    (b) Effective Date.--The amendment made by subsection (a) applies 
to articles entered, or withdrawn from warehouse for consumption, on or 
after the 15th day after the date of the enactment of this Act.
                                 <all>
```