alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

ALIRIO SILVA-MONTOYA,

 Petitioner,

vs. Case No. 3:10cv488/RV/EMT

DEPARTMENT OF HOMELAND 

SECURITY, IMMIGRATION AND 

NATURALIZATION SERVICES

 Respondent.

____________________________/

O R D E R

This cause comes on for consideration upon the magistrate judge’s Report and

Recommendation dated August 8, 2011 (doc. 21). The parties have been furnished a copy of the

Report and Recommendation and have been afforded an opportunity to file objections pursuant to

Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely

filed objections.

Having considered the Report and Recommendation, and any timely filed objections thereto

timely filed, I have determined that the Report and Recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge’s Report and Recommendation is adopted and incorporated by

reference in this order.

2. Respondents’ motion to dismiss (doc. 18) is GRANTED and the petition for writ of

habeas corpus under § 2241 (doc. 1) is dismissed. 

DONE AND ORDERED this 20th day of September 2011.

/s/ Roger Vinson 

ROGER VINSON

SENIOR UNITED STATES DISTRICT JUDGE

Case 3:10-cv-00488-RV-EMT Document 22 Filed 09/20/11 Page 1 of 1
# C_2010315EN.01000101.xml

| 19.11.2010 | EN | Official Journal of the European Union | C 315/1 |
| --- | --- | --- | --- |

19.11.2010

EN

Official Journal of the European Union

C 315/1

---

Non-opposition to a notified concentration

(Case COMP/M.5982 — CVCII/Advance Properties/Huvepharma)

(Text with EEA relevance)

2010/C 315/01

On 12 November 2010, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5982. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32010M5982. EUR-Lex is the on-line access to the European law.

---
**CERTIFICATION      PURSUANT TO**

**18      U.S.C. SECTION 1350,**

**AS      ADOPTED PURSUANT TO**

**SECTION      906 OF THE**

**SARBANES-OXLEY      ACT OF 2002**

| Dated:                August 14, 2008 | By:    | /s/                James A. Banister                                                              |
|---------------------------------------|--------|---------------------------------------------------------------------------------------------------|
|                                  |   | James                A. Banister,                                                                 |
|                                  |   | President                and Chief Executive Officer (Principal                Executive Officer) |
|                                  |   |                                                                                              |
| Dated:                August 14, 2008 | By:    | /s/                Kelly A. McCrystal                                                             |
|                                  |   | Kelly                A. McCrystal,                                                                |
|                                  |   | Chief                Operating Officer                                                            |
|                                  |   | (Principal                Financial Officer and                                                   |
|                                  |   | Principal                Accounting Officer)                                                      |

----
Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

BETTY JEAN GODDIN,

Plaintiff,

vs. CASE NO.: 3:11cv68/RV/CJK

MICHAEL J. ASTRUE,

Commissioner of Social Security,

Defendant.

_________________________________________________________________

O R D E R

This cause comes on for consideration upon the magistrate judge's report and

recommendation dated August 23, 2011. The plaintiff has been furnished a copy of

the report and recommendation and has been afforded an opportunity to file objections

pursuant to Title 28, United States Code, Section 636(b)(1), and I have made a de

novo determination of those portions to which an objection has been made.

Having considered the report and recommendation and all objections thereto

timely filed, I have determined that the report and recommendation should be adopted.

Accordingly, it is now ORDERED as follows:

1. The magistrate judge's report and recommendation is adopted and

incorporated by reference in this order.

Case 3:11-cv-00068-RV-CJK Document 17 Filed 09/23/11 Page 1 of 2
Page 2 of 2

2. The defendant’s motion to remand (doc. 15) is GRANTED and the

Commissioner’s decision denying benefits is REVERSED.

3. This case is remanded to the Commissioner of Social Security pursuant

to sentence four of 42 U.S.C. § 405(g).

4. Defendant is ordered to direct the Administrative Law Judge to further

develop plaintiff’s mental limitations and formulate a residual functional capacity that

includes all of plaintiff’s credible limitations. The ALJ shall obtain additional

vocational expert testimony and issue a new decision.

5. The clerk is directed to enter judgment for plaintiff and close the file.

DONE AND ORDERED this 22nd day of September, 2011.

/s/ Roger Vinson

ROGER VINSON

SENIOR UNITED STATES JUDGE

 

Case No: 3:11cv68/RV/CJK

Case 3:11-cv-00068-RV-CJK Document 17 Filed 09/23/11 Page 2 of 2
EXHIBIT 32.1

CEO CERTIFICATION OF PERIODIC REPORT

I, Ronald J. Buschur, Chief Executive Officer of Powerwave
Technologies, Inc. (the Company), certify, pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, that:



| | 1. | the Amendment No. 1 to Annual Report on Form 10-K of the Company for the annual period ended December 30, 2007 fully complies with the requirements of Section 13(a)
or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m or 780(d)); and
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.
| | -- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|      |  |                |  |  |  |     |  |                                      
|----- |  | -------------- |  |  |  | --- |  | -------------------------------------
|      |  |                |  | 
|Date: |  | April 23, 2008 |  |  |  | By: |  | /s/ RONALD J. BUSCHUR                
|      |  |                |  |  |  |     |  | Ronald J. Buschur                    
|      |  |                |  |  |  |     |  | President and Chief Executive Officer
|      |  |                |  |  |  |     |  | Powerwave Technologies, Inc.
Exhibit 32.1



CERTIFICATION OF CHIEF EXECUTIVE OFFICER

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 of
Guanwei Recycling Corp. (the “Company”) on Form 10-Q/A for the three months ended March 31, 2011 as filed with the
Securities and Exchange Commission on the date hereof (the “Form 10-Q/A”), I, Chen Min, CEO of the Company, certify,
pursuant to 18 U.S.C. 1350, as adopted pursuant to 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



1. The Form 10-Q/A 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 Form 10-Q/A
fairly presents, in all material respects, the financial condition and result of operations of the Company.



|Dated: January 30, 2012                  | 
|---------------------------------------- | 
|                                         | 
|/s/ Chen Min                             | 
|Chen Min
        Chief Executive Officer |
Exhibit 11.1

EF JOHNSON TECHNOLOGIES INC. AND SUBSIDIARIES

COMPUTATION OF NET INCOME (LOSS) PER SHARE

December 31, 2008, 2007 and 2006
(in thousands, except share and per share data)

2008

2007

2006(as restated)Net income (loss)

$
(20,873
)
$
(41,099
)
$
(6,781
)Net income per shareBasic:Weighted average common sharesBasic


26,261,062


26,039,246


25,844,956Net income (loss) per shareBasic

$
(0.79
)
$
(1.58
)
$
(0.26
)Net income per shareDiluted:Shares used in this computation:Weighted average common sharesBasic


26,261,062


26,039,246


25,844,956Dilutive effect of shares under employee stock plans


315,746


67,570


151,430Weighted average restricted shares granted


113,679


297,405


210,856Weighted average common sharesDiluted


26,690,487


26,404,221


26,207,242Net income (loss) per shareDiluted

$
(0.79
)
$
(1.58
)
$
(0.26
)


Although
we have disclosed both basic and dilutive weighted average common shares, only basic weighted average shares were used to compute earnings per share due to the net loss reported
in each year.

---



QuickLinks
# C_2010272EN.01000101.xml

| 8.10.2010 | EN | Official Journal of the European Union | C 272/1 |
| --- | --- | --- | --- |

8.10.2010

EN

Official Journal of the European Union

C 272/1

---

Notice for the attention of the persons to which measures provided for in Council Decision 2010/603/CFSP and in Council Regulation (EC) No 1763/2004 apply

2010/C 272/01

COUNCIL OF THE EUROPEAN UNION,

The following information is brought to the attention of the persons that appear in Annex I to Council Decision 2010/603/CFSP and in Annex I to Council Regulation (EC) No 1763/2004.

The Council of the European Union has determined that the persons that appear in the above-mentioned Annex continue to fulfil the criterion set out in Council Decision 2010/603/CFSP and in Council Regulation (EC) No 1763/2004 concerning further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia, and they should consequently remain subject to the measures as renewed by Decision 2010/603/CFSP.

The attention of the persons concerned is drawn to the possibility of making an application to the competent authorities of the relevant Member State(s) as indicated on the websites in Annex II to Regulation (EC) No 1763/2004, in order to obtain an authorisation to use frozen funds for basic needs or specific payments (cf. Article 3 of the Regulation).

The persons concerned may submit a request to the Council, together with supporting documentation, that the decision to include them on the abovementioned list should be reconsidered, to the following address:

| Council of the European Union |
| --- |
| General Secretariat |
| Rue de la Loi 175 |
| 1048 Bruxelles/Brussel |
| BELGIQUE/BELGIË |

Council of the European Union

General Secretariat

Rue de la Loi 175

1048 Bruxelles/Brussel

BELGIQUE/BELGIË

The attention of the persons concerned is also drawn to the possibility of challenging the Council's decision before the General Court of the European Union, in accordance with the conditions laid down in Article 275, 2nd paragraph, and Article 263, 4th and 6th paragraphs, of the Treaty on the Functioning of the European Union.

---
Exhibit 10.4

 

ADDENDUM TO ADMINISTRATIVE SERVICES AGREEMENT

 

This Addendum (the “Addendum”) is entered into effective as of July 1, 2014, by and between NORTH CAROLINA RADIATION THERAPY MANAGEMENT SERVICES, LLC., a North Carolina limited liability company (“MANAGEMENT SERVICES”) and RADIATION THERAPY ASSOCIATES OF WESTERN NORTH CAROLINA, P.A., a North Carolina professional corporation (the “PA”). This Addendum amends Section 3.1 of the Administrative Services Agreement dated January 1, 2002 between the parties (the “Agreement”) to adjust the monthly Service Fee payable at the rate of $550.00 per external beam treatment billed as paid in 2014 to a monthly Service Fee payable at the rate of $625.00 per external beam treatment billed (currently CPT codes 77372, 77373, 77401 – 77416, 77418 and 77781-77784) and replaces the Addendum of that same Section dated January 1, 2014. The parties acknowledge that Management Services neither provides direct marketing services currently under the Agreement nor does this Amendment provide for Management Services to provide direct marketing services.

 

From and after the date hereof, Section 3.1 shall read as follows:

 

3.1. Service Fee.   For the services to be provided hereunder by MANAGEMENT SERVICES, the PC shall pay to MANAGEMENT SERVICES a monthly Service Fee at the rate of $625.00 per external beam treatment billed (currently CPT codes 77372, 77373, 77401 – 77416, 77418 and 77781-77784). The parties agree that the Service Fee represents the fair market value of the services provided by MANAGEMENT SERVICES hereunder and that the parties shall meet annually to reevaluate the value of services provided by MANAGEMENT SERVICES and shall establish the fair market value thereof for purposes of this Section 3.1.

 

 

	
 
    	
Accepted:
    	
NORTH   CAROLINA RADIATION THERAPY 
    
	
 
    	
 
    	
MANAGEMENT   SERVICES, INC.
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
By:
    	
/s/   JOSEPH BISCARDI
    
	
 
    	
 
    	
 
    	
Joseph   Biscardi
    
	
 
    	
 
    	
 
    	
Assistant   Treasurer
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
Accepted:
    	
RADIATION   THERAPY ASSOCIATES OF 
    
	
 
    	
 
    	
WESTERN   NORTH CAROLINA, P.A.
    
	
 
    	
 
    	
 
    	
 
    
	
 
    	
 
    	
By:
    	
/s/   DANIEL E. DOSORETZ
    
	
 
    	
 
    	
 
    	
Daniel   E. Dosoretz, M.D.
    
	
 
    	
 
    	
 
    	
Vice   President
Exhibit 13.2

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 Annual Report on Form 20-F for the
fiscal year ended June 30, 2014 of Harmony Gold Mining Company Limited (the Company) as filed with the U.S. Securities and Exchange Commission (the Commission) on the date hereof (the Report)
and pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, I, Frank Abbott, Financial Director of the Company, certify, that:



| | (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 Company.
| | --- | ----------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  | 
|---------------------- |  | 
|Date: October 23, 2014

|    |  |                        
|--- |  | -----------------------
|    | 
|By: |  | /s/ Frank Abbott       
|    |  | Frank Abbott           
|    |  | Chief Financial Officer
|    |  | Financial Director     

A signed original of this written statement required by Section 906 has been provided and will be retained by the Company and
furnished to the Commission or its staff upon request.
#### TALLEY v. TALLEY

No. 30 PC.

Case below: 44 N.C. App. 613.

Petition by defendant for discretionary review under G.S. 7A-31 denied 1 April 1980. Motion of plaintiffs to dismiss appeal for lack of substantial constitutional question allowed 1 April 1980.
IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

KENNETH McGHEE,

Plaintiffs,

vs. CASE NO. 5:10cv279/RS-EMT

NANCY HALL; HEALTHCARE

SERVICES GROUP, INC.; and

SOVEREIGN HEALTHCARE OF BONIFAY.

LLC d/b/a BONIFAY NURSING AND

REHAB CENTER,

Defendant.

_________________________________/

ORDER

Before me are Plaintiff’s Motion To Establish Entitlement To Attorney’s Fees

(Doc. 129), the Response In Opposition By Defendant Sovereign Healthcare, LLC and

Nancy Hall (Doc. 148), and the Response in Opposition of Defendant Healthcare

Services Group, Inc. (Doc. 149).

IT IS ORDERED:

1. The parties shall strictly comply with the requirements of N.D. Fla. Loc.

Rule 54.1.

2. Settlement efforts required by Rule 54.1(C) must be properly completed

not later than January 13, 2012. Counsel are cautioned, however, that it

appears that Plaintiff is the “prevailing party” entitled to recover attorney’s

fees and costs as provided by 42 U.S.C. §2000e-5(k). Absent a

compelling, good faith argument to the contrary by Defendants, the parties

Case 5:10-cv-00279-RS-EMT Document 151 Filed 12/22/11 Page 1 of 2
should focus the required good faith efforts on the amount of attorney’s

fees and costs.

3. In the event the settlement efforts required by N.D. Fla. Loc. 54.1(C) are

unsuccessful, Defendants shall file responses addressing the issue of

liability for attorney’s fees not later than January 20, 2012. 

ORDERED on December 22, 2011.

/S/ Richard Smoak 

RICHARD SMOAK

UNITED STATES DISTRICT JUDGE

Case 5:10-cv-00279-RS-EMT Document 151 Filed 12/22/11 Page 2 of 2
Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

GAINESVILLE DIVISION

JACKIE MICHAEL BELL,

Plaintiff,

vs. CASE NO. 1:09CV176-MMP/AK

FLORIDA DEPARTMENT OF

REVENUE, CHILD SUPPORT DIVISION, 

et al,

Defendants.

 /

REPORT AND RECOMMENDATION

Plaintiff brings this cause of action as a non-prisoner pursuant to 42 U.S.C.

§1983 alleging that the child support debt collection system violates his fundamental

rights and he seeks a declaratory judgment that the system is unconstitutional. (Doc.

6). He was granted leave to proceed IFP by separate order. (Doc. 5). 

A district court should review subject matter jurisdiction sua sponte, and shall

dismiss an action “whenever it appears” that the court lacks subject matter jurisdiction. 

Rule 12(h)(3), Federal Rules of Civil Procedure; Blue Cross & Blue Shield of Alabama,

138 F.3d 1347 (11th Cir. 1998); and Bell v. Hood, 327 U.S. 678 (1946). 

“To state a claim under § 1983, a plaintiff must allege facts showing that the

defendant's act or omission, done under color of state law, deprived him of a right,

privilege, or immunity protected by the Constitution or laws of the United States.” 
Page 2 of 3

Emory v. Peeler, 756 F.2d 1547, 1554 (11th Cir. 1985); Dollar v. Haralson County, 704

F.2d 1540, 1542-43 (11th Cir.), cert. denied, 464 U.S. 963, 104 S. Ct. 399, 78 L. Ed. 2d

341 (1983). In other words, Plaintiff must allege that Defendant “deprived him of a right

secured by the 'Constitution and laws' of the United States” and that the Defendant did

so “under color of any statute, ordinance, regulation custom, or usage of any State. . . .” 

Fadjo v. Coon, 633 F.2d 1172, 1174-1175 (5th Cir. 1981), quoting Adickes v. S. H.

Kress & Co., 398 U.S. 144, 150, 90 S. Ct. 1598, 1604, 26 L. Ed. 2d 142 (1970); see

Paisey v. Vitale In and For Broward Co., 807 F.2d 889, 892 (11th Cir. 1986); Lugar v.

Edmondson Oil Co., 457 U.S. 922, 930, 102 S. Ct. 2744, 2750, 73 L. Ed. 2d 482 (1981);

Flagg Brothers, Inc. v. Brooks, 436 U.S. 149, 155, 98 S. Ct. 1729, 1732, 56 L. Ed. 2d

185 (1978). 

Plaintiff complains about the operation of a debt collection “system” related to

child support, but does not identify any federal statute or constitutional law at issue. 

In light of the foregoing, it is respectfully RECOMMENDED that Plaintiff’s

amended complaint, doc. 6, be DISMISSED with prejudice for lack of subject matter

jurisdiction. 

IN CHAMBERS at Gainesville, Florida, this 17th day of December, 2009.

s/ A. KORNBLUM 

ALLAN KORNBLUM

UNITED STATES MAGISTRATE JUDGE

No. 1:09cv176-mmp/ak
Page 3 of 3

NOTICE TO THE PARTIES

A party may file specific, written objections to the proposed findings and

recommendations within 15 days after being served with a copy of this report and

recommendation. A party may respond to another party’s objections within 10 days after

being served with a copy thereof. Failure to file specific objections limits the scope of

review of proposed factual findings and recommendations.

No. 1:09cv176-mmp/ak
Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION

LAWRENCE JAMES TAYLOR,

Petitioner,

v. CASE NO. 5:10-cv-214-RH-GRJ

PAIGE AUGUSTINE,

Respondent.

_____________________________/

O R D E R

This matter is before the Court on Doc. 29, Petitioner’s Motion For Judicial

Notice. Petitioner requests that the Court consider several recent Eleventh Circuit

cases supporting his arguments in the Petition. 

Upon due consideration, the motion is GRANTED to the extent that the Court

construes the motion as a notice of supplementary authority. 

DONE AND ORDERED this 20 day of July 2011. 

th

s/ Gary R. Jones

GARY R. JONES

United States Magistrate Judge

Case 5:10-cv-00214-RH-GRJ Document 30 Filed 07/20/11 Page 1 of 1
#### STATE v. TURGEON

No. 51 PC.

Case below: 44 N.C. App. 547.

Petition by defendant for discretionary review under G.S. 7A-31 denied 1 April 1980. Motion of Attorney General to dismiss appeal for lack of substantial constitutional question allowed 1 April 1980.
---

Exhibit 32.1

CERTIFICATION OF CHIEF EXECUTIVE OFFICER

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 of Aldar Group, Inc.
(the Company) on Form 10-Q for the quarter ended December 31, 2008 as filed
with the Securities and Exchange Commission on the date hereof (the Report),
I, Kenneth B. Liebscher, Chief Financial Officer of the Company, certify,
pursuant to 18 U.S.C. §1350, as adopted pursuant to §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.

IN WITNESS WHEREOF, the undersigned has executed this
certification as of the 15 day of February, 2009.

/s/ Kevin M. MurphyKevin M. Murphy
  Chief Financial Officer

---