alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

OUTSTATE MICHIGAN TROWEL TRADES 

HEALTH AND WELFARE FUND; 

et al.,

 Plaintiffs, 

v CASE NO. 09-12856 

 Hon George Caram Steeh 

ABBOTT CONSTRUCTION, INC. Mag Mark A. Randon 

 Defendants 

_______________________________________________/ 

ORDER FOR EXAMINATION OF JUDGMENT 

DEBTOR BY AND THROUGH ITS OFFICER, BRUCE ABBOTT, 

FOR DISCLOSURE CONCERNING PUBLIC BONDED PROJECTS, 

AND RESTRAINING TRANSFER OF CERTAIN 

PROPERTY SUPPLEMENTARY TO JUDGMENT

Bruce Abbott

 THIS MATTER having come before this Court on Plaintiffs’ Motion for Examination of 

Judgment Debtor, By and Through its Officer, Bruce Abbott, for Disclosure Concerning Public 

Bonded Projects, and Restraining Transfer of Certain Property Supplementary to Judgment, and 

said motion having been duly filed along with a supporting Affidavit and Brief, and the Court 

having reviewed the same and being fully advised in the premises; 

NOW THEREFORE; 

IT IS HEREBY ORDERED that Bruce Abbott, officer and director of the corporation 

(“Defendant”), whose address is 132 Somerset Dr., Brooklyn, Michigan 49230, appear at the 

law offices of Erman, Teicher, Miller, Zucker & Freedman, P.C., 400 Galleria Officentre, Suite 

444, Southfield, Michigan 48034, on June 22, 2010 at 10:30 a.m., to be examined under oath 

concerning the public bonded construction activity undertaken by Defendant and the individual 
2

employee hours attributable thereto with regard to the Judgment entered herein against 

Defendant on May 10, 2010. 

IT IS FURTHER ORDERED that said person shall bring with him the following books, 

records, and papers in his possession, custody or control as they relate to Defendant Abbott 

Construction, Inc.: 

1. Copies of all payment bonds obtained by Defendant in connection with 

projects undertaken by Defendant known as (i) Fox Creek Infrastructure 

Project, (ii) Woodward Avenue, and (iii) Washington Square Lansing. 

2. Itemized employee earnings histories showing, by employee name, hours 

worked by employees of Abbott Construction on the projects identified in 

paragraph 1(i)-(iii) above. The itemized employee earnings histories shall 

include all records which evidence individual employee hours on the 

foregoing projects. 

IT IS FURTHER ORDERED that said Defendant, Abbott Construction, Inc., and its 

officers, directors, employees and agents, and any third party who is served with a true and 

entered copy of this Order, are restrained from transferring or disposing of any property of 

Defendant, whether now owned, or hereafter acquired by, or becoming due to Defendant, until 

further order of this Court. This order does not apply to property exempt by law from 

application to the satisfaction of the judgment. 

DATED: May 28, 2010 s/George Caram Steeh 

 UNITED STATES DISTRICT JUDGE
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff, CASE NO: 09-20323

v. DISTRICT JUDGE THOMAS L. LUDINGTON

MAGISTRATE JUDGE CHARLES E. BINDER

JOHN CHRISTOPHER McCULLUM

Defendant.

/

MAGISTRATE JUDGE’S REPORT, FINDINGS AND 

RECOMMENDATION CONCERNING PLEA OF GUILTY

I. REPORT AND FINDINGS

On December 14, 2009, this case was referred to the undersigned Magistrate Judge pursuant

to 28 U.S.C. §§ 636(b)(1)(B) and 636(b)(3) for purposes of receiving, on consent of the parties,

Defendant’s offer of a plea of guilty. Defendant, along with counsel, appeared before me on

December 21, 2009. In open court, I examined Defendant under oath, confirmed Defendant’s

consent, and then advised and questioned Defendant regarding each of the inquiries prescribed by

Rule 11(b) of the Federal Rules of Criminal Procedure.

Based upon Defendant’s answers and demeanor, I HEREBY FIND: (1) that Defendant

is competent to tender a plea; (2) that Defendant’s plea was knowingly, intelligently made; and (3)

that the offense(s) to which Defendant pleaded guilty is(are) supported by an independent basis

in fact containing each of the essential elements of the offense(s). Therefore, I have ordered the

preparation of a presentence investigation report.

1:09-cr-20323-TLL-CEB Doc # 20 Filed 12/21/09 Pg 1 of 2 Pg ID 68
II. RECOMMENDATION

For the reasons set forth above, IT IS RECOMMENDED that, subject to the Court’s

consideration of the plea agreement pursuant to Rule 11(c) of the Federal Rules of Criminal

Procedure, Defendant be adjudged guilty and sentence be imposed.

III. REVIEW

The parties to this action may object to and seek review of this Report and Recommendation

within ten (10) days of service of a copy hereof as provided for in 28 U.S.C. § 636(b)(1). Failure

to file specific objections constitutes a waiver of any further right of appeal. Thomas v. Arn, 474

U.S. 140, 106 S. Ct. 466, 88 L. Ed.2d 435 (1985); Frontier Ins. Co. v. Blaty, 454 F.3d 590, 596

(6th Cir. 2006); United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005). The parties are

advised that making some objections, but failing to raise others, will not preserve all the objections

a party may have to this Report and Recommendation. McClanahan v. Comm’r of Social Security,

474 F.3d 830, 837 (6th Cir. 2006); Frontier Ins. Co., 454 F.3d at 596-97. Pursuant to E.D. Mich.

LR 72.1(d)(2), a copy of any objections is to be served upon this Magistrate Judge.

 s/ Charles` E Binder 

CHARLES E. BINDER 

Dated: December 21, 2009 United States Magistrate Judge

CERTIFICATION

I hereby certify that this Report and Recommendation was electronically filed this date,

electronically served on Shane Waller and Rod O’Farrell, and served on District Judge Ludington

in the traditional manner.

Date: December 21, 2009 By s/Jean L. Broucek 

Case Manager to Magistrate Judge Binder

1:09-cr-20323-TLL-CEB Doc # 20 Filed 12/21/09 Pg 2 of 2 Pg ID 69
EXHIBIT 3

to Defendants’ Motion for Summary Judgment 

Declaration of David L. Herzog (Filed Under Seal)

Case 2:08-cv-15147-LPZ-MKM Document 67-4 Filed 06/07/10 Page 1 of 9
EXHIBIT 4

to Defendants’ Motion for Summary Judgment 

Declaration of Robert Gender (Filed Under Seal)

Case 2:08-cv-15147-LPZ-MKM Document 67-4 Filed 06/07/10 Page 2 of 9
EXHIBIT 5

to Defendants’ Motion for Summary Judgment 

Supplemental Declaration of Robert Gender (Filed Under Seal)

Case 2:08-cv-15147-LPZ-MKM Document 67-4 Filed 06/07/10 Page 3 of 9
EXHIBIT 6

to Defendants’ Motion for Summary Judgment 

Declaration of Yun G. Lee (Filed Under Seal)

Case 2:08-cv-15147-LPZ-MKM Document 67-4 Filed 06/07/10 Page 4 of 9
EXHIBIT 7

to Defendants’ Motion for Summary Judgment 

Declaration of Matthew F. Power (Filed Under Seal)

Case 2:08-cv-15147-LPZ-MKM Document 67-4 Filed 06/07/10 Page 5 of 9
EXHIBIT 8

to Defendants’ Motion for Summary Judgment 

Declaration of Youil Homsi (Filed Under Seal)

Case 2:08-cv-15147-LPZ-MKM Document 67-4 Filed 06/07/10 Page 6 of 9
EXHIBIT 9

to Defendants’ Motion for Summary Judgment 

Declaration of Mohammed Rahdi (Filed Under Seal)

Case 2:08-cv-15147-LPZ-MKM Document 67-4 Filed 06/07/10 Page 7 of 9
EXHIBIT 10

to Defendants’ Motion for Summary Judgment 

Declaration of Wan Zamri Bin Wan Zain (Filed Under Seal)

Case 2:08-cv-15147-LPZ-MKM Document 67-4 Filed 06/07/10 Page 8 of 9
EXHIBIT 11

to Defendants’ Motion for Summary Judgment 

Declaration of Rudi Kamdani (Filed Under Seal)

Case 2:08-cv-15147-LPZ-MKM Document 67-4 Filed 06/07/10 Page 9 of 9
**CERTIFICATION      PURSUANT TO 18 U.S.C. SECTION 1350**

**AS      ADOPTED PURSUANT TO SECTION 906 OF THE SARBANES-OXLEY ACT OF      2002**

|   | 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. |
|--------|----|---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | /s/                John Stelzer                                                                                                          |   |
|--------|------------------------------------------------------------------------------------------------------------------------------------------|--------|
|   | John                Stelzer,Treasurer                (Principal Financial and Accounting Officer)Dated:                November 14, 2007 |   |

----
<PAGE>

                                                                    EXHIBIT 10.3

                        AMENDMENT TO AMENDED AND RESTATED
                            1996 STOCK INCENTIVE PLAN

                                 MARCH 24, 2000

                  Clauses (a) and (b) of Section 1.2.2 of the Amended and
Restated 1996 Stock Incentive Plan are hereby amended in their entirety to read
as follows:

                  (a) to determine from among those persons eligible, the
         particular Eligible Persons who will receive Awards; provided that with
         respect to the grant of an option to an individual who is not an
         officer or director, the determination of an Eligible Employee and the
         number of shares to be covered by an option may be determined by the
         Chairman of the Board; and provided further, that (i) the maximum
         number of shares that may be granted under stock options by the
         Chairman of the Board in each fiscal year shall be limited to an
         aggregate amount determined by the Compensation Committee, (ii) options
         granted by the Chairman of the Board may only be granted pursuant to
         the standard and appropriate grant agreements of the Company, (iii) no
         grant shall be issued below Fair Market Value, and (iv) no grant shall
         be made retroactively.

                  (b) to grant Awards to Eligible Persons, determine the price
         at which securities will be offered or awarded and the amount of
         securities to be offered or awarded to any of such persons, and
         determine the other specific terms and conditions of such Awards
         consistent with the express limits of this Plan, and establish the
         installments (if any) in which such Awards shall become exercisable or
         shall vest, or determine that no delayed exercisability or vesting is
         required, and establish the events of termination or reversion of such
         Awards; provided that with respect to the grant of an option by the
         Chairman of the Board as permitted by Section 1.2.2(a), all of the
         actions described in this paragraph may be exercised by the Chairman of
         the Board, so long as such officer is serving as a director of the
         Corporation, If such grants are made by the Chairman of the Board, he
         shall place a memorandum in the records of the Compensation Committee
         setting forth the names of the person being granted options, the number
         of options, and the date of grant. All such grants shall be
         communicated in writing to the Compensation Committee on a monthly
         basis.
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 Justice Drug Enforcement Administration
 Pursuant to § 1301.33(a) of Title 21 of the Code of Federal Regulations (CFR), this is notice that on May 28, 2008, Chattem Chemicals Inc., 3801 St. Elmo Avenue, Building 18, Chattanooga, Tennessee 37409, made application by renewal to the Drug Enforcement Administration (DEA) as a bulk manufacturer of the basic classes of controlled substances listed in schedules I and II: Drug
Schedule4-Methoxyamphetamine (7411)
IDifenoxin (9168)
IAmphetamine (1100)
IIMethamphetamine (1105)
IIMethylphenidate (1724)
IIPentobarbital (2270)
IICodeine (9050)
IIOxycodone (9143)
IIHydrocodone (9193)
IIMeperidine (9230)
IIDextropropoxyphene, bulk (non-dosage forms) (9273)
IIMorphine (9300)
IIThebaine (9333)
IINoroxymorphone (9668)
IIAlfentanil (9737)
IISufentanil (9740)
IIFentanyl (9801)
II
 The company plans to manufacture the listed controlled substances in bulk for distribution to its customers. Any other such applicant, and any person who is presently registered with DEA to manufacture such substances, may file comments or objections to the issuance of the proposed registration pursuant to 21 CFR 1301.33(a). Any such written comments or objections should be addressed, in quintuplicate, to the Drug Enforcement Administration, Office of Diversion Control, Federal Register Representative (ODL), 8701 Morrissette Drive, Springfield, Virginia 22152; and must be filed no later than October 6, 2008. Dated: July 29, 2008. Joseph T. Rannazzisi, Deputy Assistant Administrator, Office of Diversion Control, Drug Enforcement Administration.


[FR Doc. E8-17961 Filed 8-5-08; 8:45 am] BILLING CODE 4410-09-P
1 The failure to object to the magistrate judge's report releases the court from its duty to

independently review the motion. Thomas v. Arn, 474 U.S. 140, 149 (1985). 

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

 

BRENDA PEEK , ET AL.,

Plaintiff,

v. CASE NO: 09-CV-12220-DT

COMMISSIONER OF SOCIAL

SECURITY,

Defendant.

 /

ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

This matter is before the court on cross motions for summary judgment. The

case was referred to United States Magistrate Judge Mona K. Majzoub pursuant to 28

U.S.C. §636(b)(1)(B) and Local Rule 72.1. The magistrate judge issued her report on

June 2, 2010 recommending that this court deny plaintiff’s motion for summary

judgment, and grant defendant’s motion for summary judgment. No objections have

been filed pursuant to 28 U.S.C. §636(b)(1)(C), thus further appeal rights are waived.1

Having reviewed the file and the Report, the court concludes that the findings

and conclusions of the Magistrate Judge are correct and ADOPTS the same for

purposes of this Order.
2

ORDER

IT IS ORDERED that, for the reasons set forth in the Magistrate Judge's Report

and Recommendation, the Plaintiff’s motion for summary judgment is DENIED and

defendant’s motion for summary judgment is GRANTED.

IT IS SO ORDERED.

 S/Robert H. Cleland 

ROBERT H. CLELAND

UNITED STATES DISTRICT JUDGE

Dated: June 29, 2010

I hereby certify that a copy of the foregoing document was mailed to counsel of record

on this date, June 29, 2010, by electronic and/or ordinary mail.

 S/Lisa Wagner 

Case Manager and Deputy Clerk

(313) 234-5522
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 1 of 20 Pg ID 8865
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 2 of 20 Pg ID 8866
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 3 of 20 Pg ID 8867
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 4 of 20 Pg ID 8868
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 5 of 20 Pg ID 8869
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 6 of 20 Pg ID 8870
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 7 of 20 Pg ID 8871
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 8 of 20 Pg ID 8872
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 9 of 20 Pg ID 8873
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 10 of 20 Pg ID 8874
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 11 of 20 Pg ID 8875
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 12 of 20 Pg ID 8876
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 13 of 20 Pg ID 8877
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 14 of 20 Pg ID 8878
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 15 of 20 Pg ID 8879
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 16 of 20 Pg ID 8880
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 17 of 20 Pg ID 8881
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 18 of 20 Pg ID 8882
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 19 of 20 Pg ID 8883
2:09-cv-13078-PDB-MKM Doc # 206 Filed 04/30/12 Pg 20 of 20 Pg ID 8884
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 of China Jianye Fuel, Inc. (the "Company") on Form 10-Q for the period ending December 31, 2010 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Haishen Fei, 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, to 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 result of operations of the Company.




Date: February 19, 2011
/s/ Haishen FeiName: Haishen Fei

Name: Chief Financial Officer

(Principal Financial Officer)




This certification accompanies this Report on Form 10-Q pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 and shall not, except to the extent required by such Act, be deemed filed by the Company for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”). Such certification will not be deemed to be incorporated by reference into any filing under the Securities Act of 1933, as amended, or the Exchange Act, except to the extent that the Company specifically incorporates it by reference.
[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Notices]
[Page 46038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18164]


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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,214]


Ford Motor Company, Louisville Assembly Plant, Vehicle Operation 
Division, Including On-Site Leased Workers From Comprehensive 
Logistics, Inc. and Source Providers, Inc., Louisville, KY; Amended 
Certification Regarding Eligibility To Apply for Worker Adjustment 
Assistance and Alternative Trade Adjustment Assistance

    In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 
2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as 
amended, the Department of Labor issued a Certification of Eligibility 
to Apply for Worker Adjustment Assistance and Alternative Trade 
Adjustment Assistance on November 8, 2007, applicable to workers of 
Ford Motor Company, Louisville Assembly Plant, Vehicle Operation 
Division, Louisville, Kentucky. The notice was published in the Federal 
Register on November 21, 2007 (72 FR 65607).
    At the request of the petitioner, the Department reviewed the 
certification for workers of the subject firm. The workers assemble 
Ford Explorers, Ford Explorer Sport Tracs and Mercury Mountaineers.
    New information shows that leased workers from Comprehensive 
Logistics, Inc. and Source Providers, Inc. were employed on-site at the 
Louisville, Kentucky, location of Ford Motor Company, Louisville 
Assembly Plant, Vehicle Operation Division. The Department has 
determined that these workers were sufficiently under the control of 
the subject firm to be considered leased workers.
    Based on these findings, the Department is amending this 
certification to include leased workers from Comprehensive Logistics, 
Inc. and Source Providers, Inc. working on-site at the Louisville, 
Kentucky, location of the subject firm.
    The intent of the Department's certification is to include all 
workers employed at Ford Motor Company, Louisville Assembly Plant, 
Vehicle Operation Division who were adversely affected by increased 
imports of Ford Explorers, Ford Explorer Sport Tracs and Mercury 
Mountaineers.
    The amended notice applicable to TA-W-62,214 is hereby issued as 
follows:

    All workers of Ford Motor Company, Louisville Assembly Plant, 
Vehicle Operation Division, including on-site leased workers from 
Comprehensive Logistics, Inc. and Source Providers, Inc., 
Louisville, Kentucky, who became totally or partially separated from 
employment on or after September 24, 2006, through November 8, 2009, 
are eligible to apply for adjustment assistance under Section 223 of 
the Trade Act of 1974, and are also eligible to apply for 
alternative trade adjustment assistance under Section 246 of the 
Trade Act of 1974.

    Signed at Washington, DC, this 31st day of July 2008.
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E8-18164 Filed 8-6-08; 8:45 am]
BILLING CODE 4510-FN-P
#### William F. DICKSON, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

No. 2.

Circuit Court of Appeals, Second Circuit.

April 18, 1938.

Erwin Hallett, of New York City, for petitioner.

James W. Morris, Asst. Atty. Gen., and Sewall Key and Berryman Green, Sp. Assts. to Atty. Gen., for respondent.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

PER CURIAM.

Decision affirmed.