alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Nancy J. Meserow, OSB# 820895 

njm@meserolaw.com 

Law Office of Nancy J. Meserow 

7540 S.W. 51 st Ave. 

Portland, Oregon 97219 

Ph. 503-560-6788 Fax 503-954-1517 

Plaintiffs Attorney 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

RICHARD WILLIAM FISCHER, 

Plaintiff, 

v. 

CAROLYN W. COLVIN, 

COMMISSIONER SOCIAL SECURITY 

ADMINISTRATION, 

Defendant. 

CV# 6:15-CV-00707-AA 

ORDER FOR ATTORNEY FEES 

UNDER 42 U.S.C § 406(B) 

Pursuant to U.S.C. § 406(b), reasonable fees in the amount of$ l 5,806.75 are hereby 

awarded to Plaintiff's attorney, Nancy J. Meserow. Previously this Court awarded Plaintiff 

EAJA fees in the amount of $11,613.47, to be paid to Plaintiff's attorney, Ms. Meserow, 

pursuant to the Equal Access to Justice Act (EAJA), 28 USC 2412 (d); and supplemental EAJA 

fees in the amount of$1,533.60. When issuing the 406(b) fee check to Ms. Meserow, the 

Agency is therefore directed to subtract the amount paid as EAJA fees, and send to Ms. 

Meserow the balance remaining ofthe $15, 806.75 attorney fees hereby ordered, by check 

payable to Ms. Meserow in the amount of$2,659.68 Any withheld amount then remaining from 

Plaintiff's awarded benefits should be released to Plaintiff by Defendant as soon as practicable. 

IT IS SO ORDERED this Qf Sf 

.S. DISTRICT JUDGE 

f\-vt, I'\ A\ u V\. 

Case 6:15-cv-00707-AA Document 38 Filed 03/21/17 Page 1 of 1
1 – OPINION AND ORDER 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

MICHAEL MAKANEOLE, individually and 

on behalf of all similarly situated individuals,

 Plaintiff, 

v. 

SOLARWORLD INDUSTRIES AMERICA, 

INC.; SOLARWORLD INDUSTRIES 

AMERICA, LP; SOLARWORLD 

INDUSTRIES SERVICES, LLC; 

SOLARWORLD POWER PROJECTS, 

INC.; RANDSTAD PROFESSIONALS US, 

LP; and KELLY SERVICES, INC., 

 Defendant. 

No. 3:14-cv-1528-JR 

OPINION AND ORDER 

MOSMAN, J., 

On June 3, 2019, Magistrate Judge Jolie A. Russo issued her Findings and 

Recommendation (“F&R”) [246], recommending that Plaintiff Michael Makaneole’s Motion to 

File a Second Amended Complaint [230] be granted in part and denied in part. Defendants 

SolarWorld Industries America, Inc., SolarWorld Industries America, LP, SolarWorld Industries 

Services, LLC, and SolarWorld Power Projects, Inc. filed an objection [252], to which 

Mr. Makaneole responded [255]. 

DISCUSSION 

The magistrate judge makes only recommendations to the court, to which any party may 

file written objections. The court is not bound by the recommendations of the magistrate judge, 
2 – OPINION AND ORDER 

but retains responsibility for making the final determination. The court is generally required to 

make a de novo determination regarding those portions of the report or specified findings or 

recommendation as to which an objection is made. 28 U.S.C. § 636(b)(1)(C). However, the court 

is not required to review, de novo or under any other standard, the factual or legal conclusions of 

the magistrate judge as to those portions of the F&R to which no objections are addressed. See 

Thomas v. Arn, 474 U.S. 140, 149 (1985); United States v. Reyna-Tapia, 328 F.3d 1114, 1121 

(9th Cir. 2003). While the level of scrutiny under which I am required to review the F&R 

depends on whether or not objections have been filed, in either case, I am free to accept, reject, 

or modify any part of the F&R. 28 U.S.C. § 636(b)(1)(C). 

Upon review, I agree with Judge Russo’s recommendation and I ADOPT the F&R [246] 

as my own opinion. Mr. Makaneole’s Motion to File a Second Amended Complaint [230] is 

GRANTED in part and DENIED in part. Specifically, Mr. Makaneole may amend his complaint 

with respect to his ORS Chapter 652 claims but may not amend with respect to his Chapter 653 

claims. The amended complaint is due fourteen days from the date of this order. 

IT IS SO ORDERED. 

DATED this 23rd day of September, 2019. 

 ___________________________ 

 MICHAEL W. MOSMAN 

 Chief United States District Judge
```

[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1593 Introduced in Senate (IS)]

105th CONGRESS
  2d Session
                                S. 1593

 To amend the Controlled Substances Act and the Controlled Substances 
Import and Export Act with respect to penalties for powder cocaine and 
                        crack cocaine offenses.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 2, 1998

Mr. Allard (for himself and Mr. Breaux) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To amend the Controlled Substances Act and the Controlled Substances 
Import and Export Act with respect to penalties for powder cocaine and 
                        crack cocaine offenses.

    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 ``Powder-Crack Cocaine Penalty 
Equalization Act of 1998''.

SEC. 2. TRAFFICKING.

    (a) 50-Gram Penalty.--Section 401(b)(1)(A) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1)(A)) is amended--
            (1) in clause (ii), by striking ``5 kilograms'' and 
        inserting ``50 grams'';
            (2) by striking clause (iii); and
            (3) by redesignating clauses (iv) through (viii) as clauses 
        (iii) through (vii), respectively.
    (b) 5-Gram Penalty.--Section 401(b)(1)(B) of the Controlled 
Substances Act (21 U.S.C. 841(b)(1)(B)) is amended--
            (1) in clause (ii), by striking ``500 grams'' and inserting 
        ``5 grams'';
            (2) by striking clause (iii); and
            (3) by redesignating clauses (iv) through (viii) as clauses 
        (iii) through (vii), respectively.

SEC. 3. IMPORT AND EXPORT.

    (a) 50-Gram Penalty.--Section 1010(b)(1) of the Controlled 
Substances Import and Export Act (21 U.S.C. 960(b)(1)) is amended--
            (1) in subparagraph (B), by striking ``5 kilograms'' and 
        inserting ``50 grams'';
            (2) by striking subparagraph (C); and
            (3) by redesignating subparagraphs (D) through (H) as 
        subparagraphs (C) through (G), respectively.
    (b) 5-Gram Penalty.--Section 1010(b)(2) of the Controlled 
Substances Import and Export Act (21 U.S.C. 960(b)(2)) is amended--
            (1) in subparagraph (B), by striking ``500 grams'' and 
        inserting ``5 grams'';
            (2) by striking subparagraph (C); and
            (3) by redesignating subparagraphs (D) through (H) as 
        subparagraphs (C) through (G), respectively.
                                 <all>
```
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(9 App. Div. 18.)

#### HOWELL v. CAPPELLI.

(Supreme Court, Appellate Division, Third Department.

September 22, 1896

justices of fee Peace—Postponement—Non-appearance of Plaintiff.

Code Civ. Proc. § 3013, providing that a justice must render judgment of nonsuit if plaintiff fails to appear within one hour after the summons is returnable, prohibits a justice from granting an adjournment on the nonappearance of plaintiff, though plaintiff was prevented from attending by storms which rendered travel impossible.

Appeal from Columbia county court.

Action by William N. Howell against John Cappelli. Prom a-judgment of the county court affirming a judgment of a justice in-favor of plaintiff, defendant appeals. Eeversed.

Upon the return of the summons, the parties appeared in the justice’s court, the plaintiff ia person, the defendant by his attorney. Issue was *106joined, and the case adjourned, upon motion of the defendant, until February 8, 1895, at 2 p. m. The return recites:

“Feb. 8. 3:00 p. m. Case called. Milton M. Hall, Esq., appears for defendant, and states that he has been requested by Mr. Crandell, defendant’s attorney, to appear for him, and, if plaintiff appeared, to secure an adjournment; if plaintiff did not appear, to have action dismissed.

“A telegram having been received from plaintiff'from New York, dated Feb. 8, 1895, stating that all trains upon New York Central Railroad had been abandoned on account of severe snowstorm, and it being a fact that all railroads and means of communication between New York and Hudson are blocked and impassable by reason of snow, the justice, upon his own motion, and upon the telegram herein referred to (filed and marked ‘B’), adjourns this case to February 22d, 1895, at 2:00 p. m., no objection being made to said adjournment by Mr. Hall, appearing for the defendant.

“Feb. 22. 3:00 p. m. Case called. Plaintiff appears in person. Defendant does not appear, either in person or by attorney.”

“The Western Union Telegraph Company received at Hudson, N. Y., 11:45, Feb’y 8, 1895, dated New York, to H. W. Alden (filed ‘B’):

“‘Trains abandoned. Cannot reach Hudson to-day. Adjourn case, and mail me notice two weeks from to-day, if possible.

“‘Wm. N. 'Howell.’”

The justice then took the evidence of the plaintiff, and thereupon rendered judgment in his favor.

Argued before PARKER, P. J., and LARDON, HERRICK, PUTNAM, and MERWIN, J J.

John L. Crandell, for appellant.

Mark Duntz, for respondent.

LANDON, J.

The plaintiff having failed to appear upon the adjourned day, either in person or by attorney or agent, we think the statute required the justice to render a judgment of nonsuit, with costs against him. Code Civ. Proc. §§ 3013, 2861. We-do not think, in view of the statement made by the person representing the defendant, that he consented to the adjournment.

Judgment reversed, with costs. All concur.
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER> 1000
       
<S>                             <C>
<PERIOD-TYPE>                   6-MOS
<FISCAL-YEAR-END>                          DEC-31-1998
<PERIOD-END>                               JUN-30-1998
<CASH>                                            9111
<INT-BEARING-DEPOSITS>                             231
<FED-FUNDS-SOLD>                                     0
<TRADING-ASSETS>                                     0
<INVESTMENTS-HELD-FOR-SALE>                      54559
<INVESTMENTS-CARRYING>                           15830
<INVESTMENTS-MARKET>                             16565
<LOANS>                                         191835
<ALLOWANCE>                                       2542
<TOTAL-ASSETS>                                  283693
<DEPOSITS>                                      235947
<SHORT-TERM>                                      8692
<LIABILITIES-OTHER>                               2503
<LONG-TERM>                                       8598
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                          6419
<OTHER-SE>                                       21534
<TOTAL-LIABILITIES-AND-EQUITY>                  283693
<INTEREST-LOAN>                                   8478
<INTEREST-INVEST>                                 2220
<INTEREST-OTHER>                                   261
<INTEREST-TOTAL>                                 10959
<INTEREST-DEPOSIT>                                4870
<INTEREST-EXPENSE>                                5329
<INTEREST-INCOME-NET>                             5630
<LOAN-LOSSES>                                      325
<SECURITIES-GAINS>                                  28
<EXPENSE-OTHER>                                   4150
<INCOME-PRETAX>                                   2459
<INCOME-PRE-EXTRAORDINARY>                        2459
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                      1809
<EPS-PRIMARY>                                     1.29
<EPS-DILUTED>                                     1.26
<YIELD-ACTUAL>                                    4.20
<LOANS-NON>                                        270
<LOANS-PAST>                                       695
<LOANS-TROUBLED>                                   154
<LOANS-PROBLEM>                                      0
<ALLOWANCE-OPEN>                                  2322
<CHARGE-OFFS>                                      136
<RECOVERIES>                                        31
<ALLOWANCE-CLOSE>                                 2542
<ALLOWANCE-DOMESTIC>                              2542
<ALLOWANCE-FOREIGN>                                  0
<ALLOWANCE-UNALLOCATED>                              0
        

</TABLE>
EXHIBIT 32.2



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report on Form 10-QSB of OmniComm
Systems, Inc. (the Company) for the quarter ended September 30, 2004, as filed with the Securities and Exchange Commission on the date hereof (the Report), the undersigned, being, Ronald T. Linares, Chief Financial Officer of
the Company, certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:



| | 1. | 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 the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                                          
|------------------------------------------
|/s/ Ronald T. Linares                     
|Ronald T. Linares                         
|Vice President and Chief Financial Officer



November 12, 2004
Exhibit 32.1

CERTIFICATION OF THE CHIEF EXECUTIVE OFFICER

Pursuant to 18 U.S.C. § 1350

Solely for the purpose of complying with 18 U.S.C. § 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, the undersigned President
and Chief Executive Officer of Nicholas Financial, Inc. (the Company), hereby certify that the Quarterly Report on Form 10-Q of the Company for the three months ended September 30, 2008 (the Report) fully complies with
the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934 and that the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.



|                                     
|-------------------------------------
|/s/ Peter L Vosotas                  
|Peter L. Vosotas                     
|President and Chief Executive Officer
|                                     
|Dated: November 10, 2008
EXHIBIT 32.2

    CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350, AS ADOPTED PURSUANT TO
                 SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the amendment to the annual report of 110 Media Group, Inc.
(the "Company") on Form 10-KSB for the period ending December 31, 2005 as filed
with the Securities and Exchange Commission on May 12, 2006 (the "Report"), I,
Darren Cioffi, Chief Financial Officer of the Company, certify, pursuant to 18
U.S.C. ss. 1350, as adopted pursuant to ss. 906 of the Sarbanes-Oxley Act of
2002, that:

(1)   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 result of operations of the Company.

/s/ Darren Cioffi
-----------------
Darren Cioffi
Chief Financial Officer
May 12, 2006

A signed original of this certification has been provided to the Company and
will be retained by the Company and furnished to the Securities and Exchange
Commission or its staff upon request.
#### MOORE, Respondent, v. NORTON, Appellant.

(Superior Court of Buffalo,

General Term.

July, 1895.)

Action by Jerome S. Moore against Albert E. Norton.

No opinion. Judgment of the municipal court affirmed, with costs.
<PAGE>   1
                                                                  Exhibit 23.1

CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the Registration
Statement on Form S-8 (No. 33-84208) of OroAmerica, Inc. of our report dated
April 21, 1997 appearing on page F-1 of this Form 10-K. We also consent to the
reference to us under the heading "Selected Financial Data" appearing on page 15
on this Form 10-K. However, it should be noted that Price Waterhouse LLP has not
prepared or certified such "Selected Financial Data".



Price Waterhouse LLP
Los Angeles, California
April 28, 1997
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.                  

###### Department of Defense

###### Department of the Air Force

# ACTION:

Notice of availability of Record of Decision.

# SUMMARY:

On July 27, 2021, the Department of the Air Force (DAF) signed a Record of Decision (ROD) based on the Air National Guard Final Environmental Impact Statement.

# ADDRESSES:

                        Mr. Will Strickland, NGB/A4AM, 3501 Fetchett Ave., Joint Base Andrews, Maryland 20762, (240) 612-7042;                         *william.strickland.7@us.af.mil.*

# SUPPLEMENTARY INFORMATION:

                    The DAF will beddown 18 F-35A Primary Aircraft Authorized (PAA) and 2 Back-up Inventory (BAI) with associated construction activities as identified under the NGB for Ops 9 at the 125 FW, Jacksonville IAP, Florida. The DAF decision documented in the ROD was based on matters discussed in the Final Environmental Impact Statement, inputs from the public and regulatory agencies, and other relevant factors. The Final EIS was made available to the public on February 5, 2021 through a Notice of Availability in the                     **Federal Register**                     (Volume 86, Number 23, page 8356) with a waiting period that ended on March 8, 2021.                

*Authority:*                     This Notice of Availability is published pursuant to the regulations (40 CFR part 1506.6) implementing the provisions of the National Environmental Policy Act (42 U.S.C. 4321,                     *et seq.*) and the Air Force's Environmental Impact Analysis Process (32 CFR parts 989.21(b) and 989.24(b)(7)).                

Adriane Paris,

Acting Air Force Federal Register Officer.

[FR Doc. 2021-18336 Filed 8-25-21; 8:45 am]

BILLING CODE 5001-05-P