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

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ALABAMA

SOUTHERN DIVISION

EARATON ADAMS, et al., )

individually and on behalf of the )

class they seek to represent, )

)

Plaintiffs, )

)

v. ) CIVIL ACTION NO. 08-0155-KD-N

)

AUSTAL, U.S.A., L.L.C., )

)

Defendant. )

ORDER

Defendant Austal, U.S.A., L.L.C. (“Austal”) has filed a Motion (doc. 106) requesting that

the court stay consideration of its previously-filed Motion to Compel (doc. 101) responses to two

subpoenas served on third-party Bender Shipbuilding & Repair Co., Inc. (“Bender”). The

Motion to Compel complained that Bender had made objections to the subpoenas but had

produced no documents in response. 

In support of the instant motion, Austal asserts that Bender has provided documents it

claims are responsive to the subpoenas, but requests that the court keep the original Motion to

Compel pending until Bender has reviewed the documents, so that Bender may be made to

respond in the event that the production is found to be inadequate. The original motion,

however, is not drafted to address deficient production but the complete lack of response; a new

motion will be required to challenge any inadequacy in the production made. Nor could the

court cogently require Bender to respond to the original motion, following partial production of

documents. Further, the Motion to Compel recites efforts Austal made to confer with Bender to

Case 1:08-cv-00155-KD-N Document 107 Filed 11/24/09 Page 1 of 2
2

obtain compliance and thus avoid the need for court involvement, as is required prior to filing a

Motion to Compel; additional conferencing efforts would be necessary to correct allegedly

inadequate responses before the court would consider a renewed motion to compel further

responses.

It thus appears that a stay of the motion to compel currently pending before the court is

not a reasonable remedy. Accordingly, it is hereby ORDERED that defendant Austal’s Motion

to Stay is DENIED, and that the Motion to Compel is DENIED as Moot. Denial of the Motion

to Compel is made without prejudice to defendant’s right to bring a new motion seeking to

compel more complete responses, should such relief prove necessary.

DONE and ORDERED this the 24th day of November, 2009.

/s/ Katherine P. Nelson 

KATHERINE P. NELSON

UNITED STATES MAGISTRATE JUDGE 

Case 1:08-cv-00155-KD-N Document 107 Filed 11/24/09 Page 2 of 2
#### Sandra A. WARREN, Plaintiff-Appellant, v. SOCIAL SECURITY ADMINISTRATION, Defendant-Appellee.

Docket No. 00-6283.

United States Court of Appeals, Second Circuit.

May 15, 2001.

Sandra A. Warren, pro se.

*21Jane B. Wolfe, Assistant United States Attorney; Denise E. O’Donnell, United States Attorney, of counsel, Buffalo, NY, for appellee.

Present NEWMAN and CABRANES, Circuit Judges, and UNDERHILL, District Judge.*

*

 The Honorable Stefan R. Underhill of the United States District Court for the District of Connecticut sitting by designation.

SUMMARY ORDER

ON CONSIDERATION WHEREOF, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED in part, and the cause REMANDED solely for the calculation of taxable costs owed appellant.

Sandra A. Warren, *pro se,*appeals from a grant of summary judgment in favor of defendant the Social Security Administration (“SSA”) by the United States District Court for the Western District of New York (John T. Elfvin, *Judge).*The District Court concluded that the SSA conducted an adequate search for documents in response to Warren’s request under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, and that the SSA properly withheld certain documents under Exemptions 5 and 6 of the FOIA, *see id.*at § 552(b)(5) and (6).

The District Court did not err in so holding. We note, however, that the SSA’s supporting declarations are extremely weak. Only because the FOIA request in this case was so straightforward, and only considering all of the SSA’s declarations in combination, can we conclude that the SSA has—albeit barely— done enough to demonstrate that its search was adequate.

We have reviewed all of Warren’s remaining contentions on this appeal and

have found them to be without merit, except insofar as she argues that she is entitled to taxable litigation costs. After the filing of this action, the SSA conducted a supplemental search and turned over additional documents to Warren. The SSA concedes that, as a result, Warren “substantially prevailed” in this action and is entitled to taxable costs. *See*5 U.S.C. § 552(a)(4)(E) (permitting an award of “reasonable ... litigation costs” where plaintiff “substantially prevails]”). We therefore remand the cause to the District Court for the calculation of these costs.

For the reasons stated above, the judgment of the District Court is AFFIRMED in part, and REMANDED solely for the calculation of taxable costs owed Warren by the SSA.
<TABLE> <S> <C>





                                               



<ARTICLE>            5
<MULTIPLIER>         1,000
<PERIOD-TYPE>                      9-MOS
<FISCAL-YEAR-END>            DEC-31-1997
<PERIOD-END>                 SEP-30-1997
<CASH>                               570
<SECURITIES>                           0
<RECEIVABLES>                     72,570
<ALLOWANCES>                           0
<INVENTORY>                       45,713
<CURRENT-ASSETS>                 124,733
<PP&E>                           118,771
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<CURRENT-LIABILITIES>             64,829
<BONDS>                          200,303
<COMMON>                              96 
<PREFERRED-MANDATORY>                  0
<PREFERRED>                            0
<OTHER-SE>                       (13,288)
<TOTAL-LIABILITY-AND-EQUITY>     273,127
<SALES>                           73,431
<TOTAL-REVENUES>                  73,431
<CGS>                             58,320 
<TOTAL-COSTS>                     58,320
<OTHER-EXPENSES>                   8,521 
<LOSS-PROVISION>                       0
<INTEREST-EXPENSE>                 5,576
<INCOME-PRETAX>                    1,015 
<INCOME-TAX>                         121
<INCOME-CONTINUING>                1,136 
<DISCONTINUED>                         0
<EXTRAORDINARY>                        0
<CHANGES>                              0
<NET-INCOME>                       1,136
<EPS-PRIMARY>                       3.38  
<EPS-DILUTED>                          0



</TABLE>
[Federal Register Volume 79, Number 237 (Wednesday, December 10, 2014)]
[Notices]
[Page 73404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28850]


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

DEPARTMENT OF THE TREASURY

Internal Revenue Service


Open Meeting of the Taxpayer Advocacy Panel Taxpayer 
Communications Project Committee

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of meeting.

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

SUMMARY: An open meeting of the Taxpayer Advocacy Panel Taxpayer 
Communications Project Committee will be conducted. The Taxpayer 
Advocacy Panel is soliciting public comments, ideas, and suggestions on 
improving customer service at the Internal Revenue Service.

DATES: The meeting will be held Thursday, January 15, 2015, through 
Friday, January 16, 2015.

FOR FURTHER INFORMATION CONTACT: Lisa Billups at 1-888-912-1227 or 
(214) 413-6523.

SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 
10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) 
that an open meeting of the Taxpayer Advocacy Panel Taxpayer 
Communications Project Committee will be held Thursday, January 15, 
2015, from 8:00 a.m. to 4:30 p.m., and Friday, January 16, 2015, from 
8:00 a.m. to 12:00 p.m. Mountain Time. The public is invited to make 
oral comments or submit written statements for consideration. 
Notification of intent to participate must be made with Ms. Lisa 
Billups. For more information please contact Ms. Billups at 1-888-912-
1227 or 214-413-6523, or write TAP Office 1114 Commerce Street, Dallas, 
TX 75242-1021, or post comments to the Web site: http://www.improveirs.org.
    The committee will be discussing various issues related to Taxpayer 
Communications and public input is welcome.

     Dated: December 3, 2014.
Otis Simpson,
Acting Director, Taxpayer Advocacy Panel.
[FR Doc. 2014-28850 Filed 12-9-14; 8:45 am]
BILLING CODE 4830-01-P
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.                  

###### Federal Retirement Thrift Investment Board

# TIME AND DATE:

 10:00 a.m. (Eastern Time) December 15, 2014 (Telephonic).

# PLACE:

 10th Floor Board Meeting Room, 77 K Street NE., Washington, DC 20002.

# STATUS:

 Parts will be open to the public and parts will be closed to the public.

# MATTERS TO BE CONSIDERED:

##  Open to the Public

1. Approval of the Minutes of the November 17, 2014 Board Member Meeting

2. Thrift Savings Plan Monthly Reports

a. Monthly Participant Activity Report

b. Monthly Investment Policy Report

c. Legislative Report

3. Office of the General Counsel Update

## Closed to the Public

4. Personnel

# CONTACT PERSON FOR MORE INFORMATION:

 Kimberly Weaver, Director, Office of External Affairs, (202) 942-1640.

Dated: December 4, 2014.

James Petrick,

General Counsel, Federal Retirement Thrift Investment Board.

[FR Doc. 2014-28844 Filed 12-4-14; 4:15 pm]

BILLING CODE 6760-01-P
<PAGE>

                                 Exhibit 99 (A)

                            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 10-K Mercantile Bankshares
Corporation (the "Company") for the year ended December 31, 2002, (the "Report")
as filed with the Securities and Exchange Commission on the date hereof (the
"Report"), I, Edward J. Kelly, III, the Chief Executive Officer, certify,
pursuant to and for purposes of 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/ Edward J. Kelly, III
------------------------
Edward J. Kelly, III
Chief Executive Officer



Date: March 26, 2002
TABLE OF CONTENTS




|                                                  |              |  |  |  |  |  |  | 
|------------------------------------------------- | ------------ |  |  |  |  |  |  | 
|                                                  | Exhibit 15-1
|Letter RE Unaudited Interim Financial Information



---



##### Table of Contents






EXHIBIT 15-1

May 11, 2001

MCN Energy Group Inc.
Detroit, Michigan

We have made a review, in accordance with standards established by the American
Institute of Certified Public Accountants, of the unaudited interim financial
information of MCN Energy Group Inc. for the periods ended March 31, 2001 and
2000, as indicated in our report dated May 11, 2001; because we did not perform
an audit, we expressed no opinion on that information.

We are aware that our report referred to above, which is included in your
Quarterly Report on Form 10-Q for the quarter ended March 31, 2001, is
incorporated by reference in the following Registration Statements:

|         |  |                                     
|-------- |  | ------------------------------------
|FORM     |  | REGISTRATION NUMBER                 
|         |  |                                     
|Form S-8 |  | 333-02105333-02107   33-21930-99    
|        
|        
|        
|        
|Form S-4 |  | 333-89175                           
|        
|        
|        
|        
|Form S-3 |  | 333-47137333-47139333-45281333-58834

We are also aware that the aforementioned report, pursuant to Rule 436(c) under
the Securities Act of 1933, is not considered a part of the Registration
Statement 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.

DELOITTE & TOUCHE LLP

Detroit, Michigan
Workshop on Measurement Challenges & Opportunities in

Developing Smart Grid Testbeds

March 13-14, 2014  NIST Campus  Gaithersburg, MD

Program contact:

Jeff Mazer

NIST Smart Grid and CyberPhysical Systems Program Office

jeffrey.mazer@nist.gov

Dear Colleague,

Only three weeks left until workshop registration closes! Speaking of 

registration, we hope you have not encountered any difficulty. We started 

out with one site and had to change to a new one for administrative reasons. 

The new registration site is: http://www.fbcinc.com/e/nist/smartgrid/. 

Please contact jtabor@energetics.com if you experience any problems with 

registration. Thanks!

This workshop is important for the future of the Smart Grid and we hope 

your views will be represented. The workshop registration fee is only $75! 

And the workshop adjourns at 2:00 pm on Friday, allowing plenty of time 

for folks to get back on the road home.

If you have any questions about the workshop, please don’t hesitate to let us 

know.

Jeff Mazer, NIST jeffrey.mazer@nist.gov

Janis Tabor, Energetics jtabor@energetics.com

Workshop Agenda Preview

The workshop will be held at NIST’s Gaithersburg, MD, campus on March 13-

14, 2014. Workshop speakers and moderated panels are set, and preparation 

is underway for professionally facilitated breakout sessions to guide 

participant discussion on the top technical and measurement science 

challenges for smart grid testbeds and how to address them. 

Here’s how it works:

At registration, you will select your preferred topic:

SG measurement/characterization problems not currently addressed by TBs

Attributes and design of composable/modular SG TBs

Design/considerations for interconnected SG TBs

At the workshop, you will work with your topic team in several rounds of 

concurrent breakout sessions, culminating in consensus-built ideas and 

recommendations that will serve as the basis for NIST program activities.

Please see the attached preliminary agenda for the speaker line-up and 

program details.

___________

The workshop registration fee (for refreshments and incidentals) is $75.00, 

payable by credit card at registration.

Registration Link: http://www.fbcinc.com/e/nist/smartgrid/

Workshop Website: http://www.nist.gov/smartgrid/challwshp.cfm

Help shape the 

future!

Participants will actively 

contribute to workshop 

outcomes and help guide 

NIST’s efforts to advance 

the smart grid.

Dedicated Smart Grid 

Testbeds (SG TBs) are being 

developed by industry, 

academia, and government 

laboratories to characterize 

smart grid equipment and 

systems and validate smart 

grid performance and 

standards. At this nascent 

stage, much needs to be 

done to develop shared 

understanding of needs, 

opportunities, and 

approaches for integrating 

testbed design and operation

to achieve the full potential 

of the evolving smart grid.

This workshop will enable 

the SG TB community to 

share perspectives and 

help focus measurement 

science and research on 

the most important areas.
<PAGE>   1

                                                                     EXHIBIT 3.3

                            CERTIFICATE OF AMENDMENT
                                       OF
                          CERTIFICATE OF INCORPORATION
                                       OF
                                   AMDL, INC.

        AMDL, INC., a corporation duly organized and existing under the General
Corporation Law of the State of Delaware (the "Corporation"), does hereby
certify that:

        I. The amendment to the Corporation's Certificate of Incorporation set
forth below was duly adopted in accordance with the provisions of Section 242 of
the General Corporation Law of the State of Delaware and has been approved by
the Board of Directors of the Corporation at a special meeting held on July 1,
1998 and by a majority of the stockholders of the Corporation at the Annual
Meeting of Stockholders held on September 25, 1998, in accordance with Section
216 of the General Corporation Law of the State of Delaware.

        II. The introductory paragraph of Article IV of the Corporation's
Certificate of Incorporation is amended to read in its entirety as follows:

                                   "Article IV
                                 Capitalization

               The Corporation shall have authority to issue an
          aggregate of 60,000,000 shares, of which 10,000,000 shares
          shall be preferred stock, $0.001 par value (hereinafter, the
          "Preferred Stock"), and 50,000,000 shares shall be common
          stock, par value $0.001 (hereinafter, the "Common Stock").
          Each twenty (20) shares of Common Stock, par value $0.001,
          outstanding on the effective date of this Amendment shall be
          automatically converted into one (1) share of Common Stock
          and in lieu of fractional shares, each share so converted
          shall be rounded up to the next highest number of full
          shares of Common Stock. The powers, preferences, and rights,
          and the qualifications, limitations, or restrictions
          thereof, of the shares of stock of each class and series
          which the Corporation shall be authorized to issue, is as
          follows:"

        IN WITNESS WHEREOF, the undersigned hereby duly executes this
Certificate of Amendment hereby declaring and certifying under penalty of
perjury that this is the act and deed of the Corporation and the facts herein
stated are true, this 25th day of September, 1998.

                                                      AMDL, INC.


                                                      By: /s/ That T. Ngo
                                                          ---------------------
                                                          That T. Ngo, President
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

 MARCH 31, 2008

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 07-13056

Non-Argument Calendar

________________________

D. C. Docket No. 06-00463-CR-3-MCR

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, 

versus 

DENNIS SANDERS, 

a.k.a. Nathaniel Sanders, 

a.k.a. Dennis S. Sanders, 

Defendant-Appellant. 

________________________

Appeal from the United States District Court

for the Northern District of Florida

_________________________

(March 31, 2008)

Before ANDERSON, BARKETT and PRYOR, Circuit Judges.

PER CURIAM:
2

Gwendolyn Spivey, appointed counsel for Dennis Sanders in this appeal, has

moved to withdraw from further representation of the appellant and filed a brief

pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d

493 (1967). Our independent review of the entire record reveals counsel’s

assessment of the relative merit of the appeal is correct. Because independent

examination of the entire record reveals no arguable issues of merit, counsel’s

motion to withdraw is GRANTED, and Sanders’s sentence is AFFIRMED.
#### Anderson *v.*The State.

APPEAL from the Parke Circuit Court.

S. *F. Maxwell, S. D. Puett, y. E. McDonald, % M. Butler,*and *E. M. McDonald,*for appellant.

*B. W. Hanna,*Attorney General, for the State.

Pettit, J.

This case -is the same, in all legal aspects, as the case of *Anderson*v. *The State, ante,*p. 553; and on the authority of that, and for the same reasons, this case is reversed, and remanded for further proceedings.
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN THE INTEREST OF A. P., A MINOR 

CHILD,

 

 Appellant. 

§

§

§

§

§

§

§

No. 08-16-00277-CV

Appeal from the

388th District Court

of El Paso County, Texas 

(TC# 2015DCM2102)

O R D E R

The Court has this day filed M. M.’s motion challenging the trial court’s order requiring 

M. M. to pay costs under Rule 145 of the Texas Rules of Civil Procedure. See TEX.R.APP.P.

145(f), (g)(1). Therefore, it is ORDERED that the trial court clerk and court reporter of the 388th

District Court prepare and file with this Court the record of all trial court proceedings on the 

declarant’s claim of indigence. See TEX.R.APP.P. 145(g)(3). The record must be provided 

without charge and filed with this Court on or before October 20, 2016. Any response to said 

motion challenging the ruling by the trial court is due on or before October 30, 2016. 

IT IS SO ORDERED this 7

th day of October, 2016.

PER CURIAM

Before McClure, C.J., Rodriguez and Hughes, JJ.
<TABLE> <S> <C>

<PAGE>
 
<ARTICLE> 5
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          SEP-30-1998
<PERIOD-END>                               SEP-30-1998
<CASH>                                          31,733
<SECURITIES>                                   166,538
<RECEIVABLES>                                  814,952
<ALLOWANCES>                                    11,001
<INVENTORY>                                          0
<CURRENT-ASSETS>                                     0
<PP&E>                                          37,707
<DEPRECIATION>                                  11,818
<TOTAL-ASSETS>                               1,226,665
<CURRENT-LIABILITIES>                                0
<BONDS>                                        323,908
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                     19,454
<COMMON>                                           293
<OTHER-SE>                                      39,010
<TOTAL-LIABILITY-AND-EQUITY>                 1,226,665
<SALES>                                              0
<TOTAL-REVENUES>                               155,955
<CGS>                                                0
<TOTAL-COSTS>                                        0
<OTHER-EXPENSES>                               114,165
<LOSS-PROVISION>                                 6,199
<INTEREST-EXPENSE>                              19,663
<INCOME-PRETAX>                                 15,928
<INCOME-TAX>                                     5,475
<INCOME-CONTINUING>                             10,453
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                    10,327
<EPS-PRIMARY>                                50,728.00
<EPS-DILUTED>                                50,728.00
        

</TABLE>