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

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff, CASE NO: 09-20387

v. DISTRICT JUDGE THOMAS L. LUDINGTON

MAGISTRATE JUDGE CHARLES E. BINDER

ANTONIO HERNANDEZ, Jr.,

Defendant.

/

MAGISTRATE JUDGE’S REPORT, FINDINGS AND 

RECOMMENDATION CONCERNING PLEA OF GUILTY

I. REPORT AND FINDINGS

On October 26, 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

November 3, 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-20387-TLL-CEB Doc # 15 Filed 11/03/09 Pg 1 of 2 Pg ID 48
2

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: November 3, 2009 United States Magistrate Judge

CERTIFICATION

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

electronically served on Roy Kranz and Jeffrey Collins, and served on District Judge Ludington

in the traditional manner.

Date: November 3, 2009 By s/Jean L. Broucek 

Case Manager to Magistrate Judge Binder

1:09-cr-20387-TLL-CEB Doc # 15 Filed 11/03/09 Pg 2 of 2 Pg ID 49
Exhibit 10(a)

 

[SUTHERLAND ASBILL & BRENNAN LLP]

 

ELISABETH M. BENTZINGER

DIRECT LINE: 202.383.0717

E-mail: elisabeth.bentzinger@sutherland.com

 

	
 
    	
April 25,   2014
    


 

VIA EDGAR

 

Board of Directors

Protective Life Insurance Company

2801 Highway 280 South

Birmingham, Alabama 35223

 

	
Re:
    	
 
    	
Protective Variable Annuity Investors Series
    
	
 
    	
 
    	
Post-Effective Amendment No. 1
    


 

Directors:

 

We hereby consent to the reference to our name under the caption “Legal Matters” in the Statement of Additional Information filed as part of Post-Effective Amendment No. 1 to the Registration Statement on Form N-4 (File No. 333-190294) by Protective Life Insurance Company and Protective Variable Annuity Separate Account with the Securities and Exchange Commission.  In giving this consent, we do not admit that we are in the category of persons whose consent is required under Section 7 of the Securities Act of 1933.

 

	
 
    	
Very truly yours,
    
	
 
    	
 
    
	
 
    	
SUTHERLAND ASBILL & BRENNAN LLP
    
	
 
    	
 
    	
 
    
	
 
    	
 
    	
 
    
	
 
    	
By:
    	
/s/ Elisabeth M. Bentzinger
    
	
 
    	
 
    	
Elisabeth M. Bentzinger
```

[Federal Register Volume 73, Number 153 (Thursday, August 7, 2008)]
[Notices]
[Pages 46037-46038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18165]

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

DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-62,434]

Arrow Home Fashions, Division Of BCP Home, Inc., Including On-
Site Leased Workers From Adecco and Select Personnel, Anaheim, CA; 
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 Regarding 
Eligibility to Apply for Worker Adjustment Assistance and Alternative 
Trade Adjustment Assistance on November 30, 2007, applicable to workers 
of Arrow Home Fashions, including on-site leased workers of Adecco and 
Select Personnel, Anaheim, California. The notice was published in the 
Federal Register on December 11, 2007 (72 FR 70346).
    At the request of the State agency, the Department reviewed the 
certification for workers of the subject firm. The workers were engaged 
in employment related to the production of bedding products. New 
information shows that due to a change in ownership in April 2008, BCP 
Home, Inc. is the parent firm of Arrow Home Fashions. Workers separated 
from employment at the subject firm had their wages reported under a 
separate unemployment insurance (UI) tax account for Arrow Home 
Fashions, Division of BCP Homes, Inc.
    Accordingly, the Department is amending the certification to 
properly reflect this matter.
    The intent of the Department's certification is to include all 
workers of Arrow Home Fashions, Division of BCP Home, Inc. Anaheim, 
California who were adversely affected by a shift in production of 
bedding products to China.
    The amended notice applicable to TA-W-62,434 is hereby issued as 
follows:

    All workers of Arrow Home Fashions, Division of BCP Home, Inc., 
including on-site leased workers of Adecco and Select Personnel, 
Anaheim, California, who became totally or partially separated from 
employment on or after November 6, 2006, through November 30, 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

[[Page 46038]]

adjustment assistance under Section 246 of the Trade Act of 1974.

    Signed at Washington, DC, this 30th day of July 2008
Richard Church,
Certifying Officer, Division of Trade Adjustment Assistance.
 [FR Doc. E8-18165 Filed 8-6-08; 8:45 am]
BILLING CODE 4510-FN-P
```
#### Raymond P. McNULTY, Petitioner, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.

No. 171.

Circuit Court of Appeals, Second Circuit.

March 21, 1938.

Raymond P. McNulty, of Brooklyn, N. Y., pro se, and H. Kennedy McCook, of Washington, D. C., for petitioner.

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

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

PER CURIAM.

Affirmed on the authority of Metcalf & Eddy v. Mitchell, 269 U.S. 514, 46 S.Ct. 172, 70 L.Ed. 384; Medalie v. Com’r, 2 Cir., 77 F.2d 300; Buckner v. Com’r, 2 Cir., 77 F.2d 297.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

FRANK VENNER,

Plaintiff, Case no. 09-13428

Honorable John Corbett O’Meara

v.

COMMISSIONER OF SOCIAL 

SECURITY,

Defendant,

____________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION

The Court, pursuant to 72(b) of the Federal Rules of Civil Procedure, 28 U. S. C.

636(b)(1)(B), and LR 72.1(b)(3), has reviewed Magistrate Judge Donald A. Scheer’s April 14,

2010, Report and Recommendation. No objections were filed by the parties. Upon review of

this matter;

IT IS HEREBY ORDERED that the report and recommendation is ADOPTED as the

findings and conclusions of this Court.

s/John Corbett O’Meara 

United States District Judge

Date: May 12, 2010

I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, May

12, 2010, via the Court’s ECF system.

s/William Barkholz

Case Manager
COURT OF APPEALS OF VIRGINIA

Present: Judges Fitzpatrick, Overton and Senior Judge Duff Argued at Alexandria, Virginia

MOBIL OIL CORPORATION AND INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA MEMORANDUM OPINION * v. Record No. 2830-96-4 BY JUDGE CHARLES H. DUFF JULY 22, 1997 WALTER E. HURST

FROM THE VIRGINIA WORKERS' COMPENSATION COMMISSION Lisa C. Healey (Siciliano, Ellis, Dyer & Boccarosse, on brief), for appellants. John J. O'Donnell, Jr., for appellee.

Mobil Oil Corporation and Insurance Company of the State of Pennsylvania appeal a decision of the Workers' Compensation Commission that Walter E. Hurst (claimant) had a continuing disability and that claimant adequately marketed his residual capacity. We uphold both findings and affirm the commission. On review, we construe the evidence in the light most favorable to the party prevailing below. See R.G. Moore Bldg. Corp. v. Mullins , 10 Va. App. 211, 212, 390 S.E.2d 788, 788 (1990). Factual findings of the commission will be upheld on appeal if supported by credible evidence. See James v. Capitol

Steel Constr. Co. , 8 Va. App. 512, 515, 382 S.E.2d 487, 488 (1989). "The fact that there is contrary evidence in the record

* Pursuant to Code § 17-116.010 this opinion is not designated for publication.2 is of no consequence if there is credible evidence to support the commission's finding." Wagner Enters., Inc. V. Brooks , 12 Va. App. 890, 894, 407 S.E.2d 32, 35 (1991).

I. On August 17, 1994, claimant injured his neck while working for Mobil Oil. Claimant was treated by several doctors, some of whom recommended claimant's release to full duty with no restrictions. However, claimant underwent an independent medical examination with Dr. Neil Kahanovitz on April 24, 1995. On a Virginia Employment Commission's Request for Physician's Certificate of Health form, dated January 23, 1996, Dr. Kahanovitz wrote that claimant could perform light to sedentary work with no heavy lifting, bending or repetitive twisting. On February 21, 1996, Dr. Roger Gisolfi restricted claimant's ability to work stating that claimant should not handle weights more than twenty pounds. Based on the reports of Drs. Kahanovitz and Gisolfi, the full commission found "that the evidence preponderates that the claimant remains unable to perform all his duties as an automobile mechanic." Because credible evidence supports this finding, we affirm the commission.

II. At the hearing before the deputy commissioner, claimant testified that he made "[a]t least four or five" contacts a week in his attempt to market his residual work capacity. The full3 commission found that claimant "sufficiently marketed his residual capacity." The commission's finding is supported by credible evidence, i.e., claimant's testimony, and will not be disturbed on appeal. Accordingly, we affirm the commission.

Affirmed.
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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

UNITED STATES OF AMERICA,

Plaintiff,

Case Number 09-20207-BC

Honorable Thomas L. Ludington

 v.

SHANNON MARIE MEJIA,

Defendant.

_______________________________________/

ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING

DEFENDANT’S PLEA OF GUILTY, AND TAKING THE RULE 11 PLEA

AGREEMENT UNDER ADVISEMENT

A plea hearing was conducted on November 30, 2009, by United States Magistrate Judge

Charles E. Binder pursuant to the defendant’s consent. The magistrate judge issued his report on

November 30, 2009, recommending that this Court accept the defendant’s plea of guilty to count one

of the indictment. As of today’s date, no party has filed any objections to the magistrate judge’s

report and recommendation. The failure to file objections to the report and recommendation waives

any further right to appeal. Smith v. Detroit Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th

Cir. 1987). Likewise, the failure to object to the magistrate judge’s report releases the Court from

its duty to independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985).

Accordingly, it is ORDERED that the magistrate judge’s report and recommendation [Dkt

# 18] is ADOPTED.

1:09-cr-20207-TLL-CEB Doc # 20 Filed 12/17/09 Pg 1 of 2 Pg ID 81
-2-

It is further ORDERED that the defendant’s plea of guilty to count one of the indictment

is ACCEPTED, and the Rule 11 Plea Agreement [Dkt. # 17] is taken UNDER ADVISEMENT.

s/Thomas L. Ludington 

THOMAS L. LUDINGTON

United States District Judge

Dated: December 17, 2009

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on December 17, 2009.

s/Tracy A. Jacobs 

TRACY A. JACOBS

1:09-cr-20207-TLL-CEB Doc # 20 Filed 12/17/09 Pg 2 of 2 Pg ID 82
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

United States of America,

Plaintiff,

v. Case No. 2:09−cr−20326−NGE−VMM

Hon. Nancy G. Edmunds

Clarence Henry Cohen, et al.,

Defendant(s),

NOTICE OF DETERMINATION OF MOTION

WITHOUT ORAL ARGUMENT

 The following motion(s) have been filed:

 Pursuant to Eastern District of Michigan LR 7.1(f)(2), the motion(s) will be determined by

District Judge Nancy G. Edmunds without oral argument.

• RESPONSE DUE: January 4, 2021

 Courtesy copies are not required.

 Motion will be decided by the briefs unless otherwise ordered by the Court.

Certificate of Service

 I hereby certify that this Notice was electronically filed, and the parties and/or counsel of

record were served.

By: s/L. Bartlett 

Case Manager

Dated: December 10, 2020

Case 2:09-cr-20326-NGE-VMM ECF No. 583, PageID.2375 Filed 12/10/20 Page 1 of 1
#### VICTOR v. LEWIS et al.*

No. 14959.

Court of Appeal of Louisiana. Orleans.

Dec. 10, 1934.

For former opinion, see 157 So. 293.

P. M. Milner, of New Orleans, for appellant.

O’Niell & O’Niell, of New Orleans, for ap-pellee.

*

Writ of error refused Feb. 4, 1935,

PER CURIAM.

Counsel criticizes our opinion in this case upon the ground that the case of Pruyn v. Gay, 159 La. 981, 106 So. 536, and not Heeb v. Codifer & Bonnabel, 162 La. 139, 110 So. 178, should control in the situation presented by the facts of this case.

After a careful re-examination of both authorities, we are confirmed in our opinion that the present case is much nearer the Heeb Case, the later case, and believe that case to be determinative of the issue presented on the question of the forfeiture of the installments paid by the plaintiff, which is the part of our opinion to which counsel mainly directs his criticism.

The application for the rehearing is therefore refused.

Rehearing refused.
Prepared by R.R. Donnelley Financial -- EX-10.19




 Exhibit 10.19 

2014 Senior Vice President, Sales, Territory and Quota Assignment Plan (the “Plan”) 

Effective: 1/1/2014 
 Plan Description:

  

	 	•	 	Territory: Global Sales 

  

	 	•	 	Personal variable compensation target is paid upon achievement of quarterly bookings quota achievement with accelerators for exceeding the quarterly and annual quotas. 


 

	 	•	 	Annual quota, commission base rate and variable compensation target are structured so that the variable compensation target constitutes 40% of on-target earnings. 


 

	 	•	 	Applicable currency is USD. 

  

	 	•	 	Payments are made on a quarterly basis.

  

	 	•	 	Accelerator rates may apply if certain quarterly or annual target quotas are achieved. 

  

	 	•	 	The Compensation Committee reserves the right to amend the Plan prospectively at any time.
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.
 Small Business Administration [Disaster Declaration # 11158 and # 11159]
 AGENCY: U.S. Small Business Administration.
 ACTION: Notice.
 SUMMARY: This is a notice of an Administrative declaration of a disaster for the Commonwealth of Massachusetts dated 01/25/2008. *Incident:*
                         Fire. *Incident Period:*
                         01/21/2008. *Effective Date:*
                         01/25/2008. *Physical Loan Application Deadline Date:*
                         03/25/2008. *Economic Injury (Eidl) Loan Application Deadline Date:*
                         10/27/2008.
 ADDRESSES: Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.
 FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street, SW., Suite 6050, Washington, DC 20416.


SUPPLEMENTARY INFORMATION: Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations. The following areas have been determined to be adversely affected by the disaster: *Primary Counties:* Essex. *Contiguous Counties:* Massachusetts: Middlesex and Suffolk. New Hampshire: Hillsborough and Rockingham. The Interest Rates are: PercentHomeowners With Credit Available Elsewhere
5.500Homeowners Without Credit Available Elsewhere
2.750Businesses With Credit Available Elsewhere
8.000( print page 5895)Businesses & Small Agricultural Cooperatives Without Credit Available Elsewhere
4.000Other (Including Non-Profit Organizations) With Credit Available Elsewhere
5.250Businesses And Non-Profit Organizations Without Credit Available Elsewhere
4.000
 The number assigned to this disaster for physical damage is 11158 5 and for economic injury is 11159 0. The States which received an EIDL Declaration # are Massachusetts and New Hampshire. (Catalog of Federal Domestic Assistance Numbers 59002 and 59008) Dated: January 25, 2008. Steven C. Preston, Administrator.


[FR Doc. E8-1779 Filed 1-30-08; 8:45 am] BILLING CODE 8025-01-P
```

[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 412 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 412

To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
                coastwise trade for the vessel FINESSE.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

   Mr. Goss introduced the following bill; which was referred to the 
             Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
To authorize the Secretary of Transportation to issue a certificate of 
   documentation with appropriate endorsement for employment in the 
                coastwise trade for the vessel FINESSE.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That notwithstanding 
section 27 of the Merchant Marine Act, 1920 (46 App. U.S.C. 883), the 
Act of June 19, 1886 (46 App. U.S.C. 289), and section 12106 of title 
46, United States Code, the Secretary of Transportation may issue a 
certificate of documentation with appropriate endorsement for 
employment in the coastwise trade for the vessel FINESSE (State of 
Florida official number 7148 HA).
                                 <all>
```