alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2016251EN.01002201.xml

| 11.7.2016 | EN | Official Journal of the European Union | C 251/22 |
| --- | --- | --- | --- |

11.7.2016

EN

Official Journal of the European Union

C 251/22

---

Judgment of the General Court of 31 May 2016 — Warimex v EUIPO (STONE)

(Case T-454/14) (1)

1

((EU trade mark - Application for EU figurative mark STONE - Absolute ground for refusal - Descriptive character - Article 7(1)(c) of Regulation (EC) No 207/2009))

(2016/C 251/23)

Language of the case: German

Parties

Parties

Applicant: Warimex Waren-Import Export Handels-GmbH (Neuried, Germany) (represented by: E. Keller and J. Voogd, lawyers)

Applicant:

Defendant: European Union Intellectual Property Office (represented by: G. Schneider and D. Walicka, acting as Agents)

Defendant:

Re:

Re:

Action brought against the decision of the First Board of Appeal of EUIPO of 27 March 2014 (Case R 1599/2013-1) concerning an application for registration of the figurative sign STONE as an EU trade mark.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Dismisses the action; |
| --- | --- |

1.

Dismisses the action;

| 2. | Orders Warimex Waren-Import Export Handels-GmbH to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO). |
| --- | --- |

2.

Orders Warimex Waren-Import Export Handels-GmbH to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO).

---

(1)  OJ C 292, 1.9.2014.

1

---
Editorial Note on Part 870
Editorial Note: Nomenclature changes to part 870 appear at 73 FR 35341, June 23, 2008.

§ 870.2620 Line isolation monitor. ( a ) *Identification.* A line isolation monitor is a device used to monitor the electrical leakage current from a power supply electrically isolated from the commercial power supply received from a utility company.
( b ) *Classification.* Class I (general controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 870.9.
[45 FR 7907, Feb. 5, 1980, as amended at 61 FR 1121, Jan. 16, 1996; 66 FR 38796, July 25, 2001]
# C_2015190EN.01003202.xml

| 8.6.2015 | EN | Official Journal of the European Union | C 190/32 |
| --- | --- | --- | --- |

8.6.2015

EN

Official Journal of the European Union

C 190/32

---

Order of the Civil Service Tribunal (Third Chamber) of 22 April 2015 — ED v ENISA

(Case F-105/14) (1)

((Civil service - Temporary staff member - Selection procedure - Decision rejecting an application, during the pre-selection stage, following examination by a selection board - No complaint lodged within the time-limit laid down in the Staff Regulations against the decision rejecting the application - Request for information - Reply from the authority authorised to conclude employment contracts not including a review of the decision rejecting the application - Complaint lodged against that reply - Failure to comply with the pre-litigation procedure - Manifest inadmissibility - Article 81 of the Rules of Procedure))

(2015/C 190/37)

Language of the case: English

Parties

Applicant: ED (represented by: S.A. Pappas, lawyer)

Defendant: European Union Agency for Network and Information Security (ENISA) (represented by: A. Ryan, acting as Agent, and by D. Waelbroeck and A. Duron, lawyers)

Re:

Action for the annulment of the decision not to retain the applicant’s application for the post of ‘Legal Officer’ in response to Vacancy Notice ENISA-TA-AD-2013-05.

Operative part of the order

| 1. | The action is dismissed as manifestly inadmissible. |
| --- | --- |

1.

The action is dismissed as manifestly inadmissible.

| 2. | ED shall bear her own costs and pay the costs incurred by the European Union Agency for Network and Information Security. |
| --- | --- |

2.

ED shall bear her own costs and pay the costs incurred by the European Union Agency for Network and Information Security.

---

(1)  
  OJ C 7 of 12.1.2015, p. 53.

---
Editorial Note on Part 874
Editorial Note: Nomenclature changes to part 874 appear at 73 FR 35341, June 23, 2008.

§ 874.3330 Master hearing aid. ( a ) *Identification.* A master hearing aid is an electronic device intended to simulate a hearing aid during audiometric testing. It has adjustable acoustic output levels, such as those for gain, output, and frequency response. The device is used to select and adjust a person's wearable hearing aid.
( b ) *Classification.* Class II (special controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 874.9.
[51 FR 40389, Nov. 6, 1986, as amended at 84 FR 71813, Dec. 30, 2019]
Editorial Note on Part 870
Editorial Note: Nomenclature changes to part 870 appear at 73 FR 35341, June 23, 2008.

§ 870.4280 Cardiopulmonary prebypass filter. ( a ) *Identification.* A cardiopulmonary prebypass filter is a device used during priming of the oxygenator circuit to remove particulates or other debris from the circuit prior to initiating bypass. The device is not used to filter blood.
( b ) *Classification.* Class II (special controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to the limitations in § 870.9.
[45 FR 7907, Feb. 5, 1980, as amended at 84 FR 71812, Dec. 30, 2019]
**99.1**

 

**Form of Certification**

 

**CERTIFICATIONPURSUANT TO SECTION 906**

 

**OF THE SARBANES-OXLEYACT OF 2002**

 

In connectionwith the Quarterly Report on Form 10-Q of ebix.com, Inc. (the “Company”) forthe quarterly period ended September 30, 2002 as filed with the Securities andExchange Commission on the date hereof (the “Report”), I, Robin Raina, ChiefExecutive Officer of the Company, certify, pursuant to section 906 of theSarbanes-Oxley Act of 2002, that:

 

(1)                                  theReport fully complies with the requirements of section 13(a) or 15(d) of theSecurities Exchange Act of 1934; and

 

(2)                                  theinformation contained in the Report fairly presents, in all material respects,the financial condition and results of operations of the Company.

 

 
| By:                      | /s/ Robin  Raina |   |   |
|--------------------------|------------------|--------|--------|
|                     |             |
| Name:                    | Robin Raina      |   |   |
|                     |             |
| Chief  Executive Officer |             |
|                     |             |
| November 13,  2002       |             |
|                          |                  |        |        |  |

 

----
Editorial Note on Part 866
Editorial Note: Nomenclature changes to part 866 appear at 73 FR 35341, June 23, 2008.

§ 866.3372 Nucleic acid-based in vitro diagnostic devices for the detection of Mycobacterium tuberculosis complex in respiratory specimens. ( a ) *Identification.* Nucleic acid-based in vitro diagnostic devices for the detection of *Mycobacterium tuberculosis* complex in respiratory specimens are qualitative nucleic acid-based in vitro diagnostic devices intended to detect *Mycobacterium tuberculosis* complex nucleic acids extracted from human respiratory specimens. These devices are non-multiplexed and intended to be used as an aid in the diagnosis of pulmonary tuberculosis when used in conjunction with clinical and other laboratory findings. These devices do not include devices intended to detect the presence of organism mutations associated with drug resistance. Respiratory specimens may include sputum (induced or expectorated), bronchial specimens (e.g., bronchoalveolar lavage or bronchial aspirate), or tracheal aspirates.
( b ) *Classification.* Class II (special controls). The special control for this device is the FDA document entitled “Class II Special Controls Guideline: Nucleic Acid-Based In Vitro Diagnostic Devices for the Detection of *Mycobacterium tuberculosis* Complex in Respiratory Specimens.” For availability of the guideline document, see § 866.1(e).
[79 FR 31027, May 30, 2014]
### SERVED: October 21, 2013 U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF HEARINGS

WASHINGTON, DC
IN THE MATTER OF CHEMSYSTEMS, INC. FAA DOCKETNO. [TO BE ASSIGNED] (Civil Penalty Action) FDMS NO. FAA-2012

- 0911
NOTICE IraLeibowitz, Attorney-Advisorretired on September 30, 2013. All future communications should be directed to the undersigned at: Richard C. Goodwin, U.S. Administrative Law Judge Office ofHearings, Attn: Room E11-310 U.S. DepartmentofTransportation 1200 NewJersey, S.E. Washington, D.C. 20590 (Richard.Goodwin@dot.gov) Administrative matters should be directed to Patricia Matthews, StaffAssistant (202) 366-5121 (Patricia.Matthews@dot.gov)

Richard C. Goodwin U.S. Administrative Law Judge Attachment- Service ListFDMS No. FAA-2012-0911 (Civil Penalty Action) 

### SERVICE LIST-BYUS. 

### MAIL & 

### FAX
ORIGINAL & 

### ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 Attention: Hearing Docket Clerk, AGC-430 Wilbur Wright Building-Suite2W10001 

### ONE COPY Nancy Meikle, President ChemSystems, Inc., Respondent 1

0101 Genard Road Houston, TX 77041 Robert Fling, Respondent's Counsel S. Robert Fling, PLLC. P.O. Box 411, Katy, TX 77492 5518 Fifth Street, Suite C Katy, TX 77493 TEL: 281-391-2003 FAX: 281-727-0082 Courtney Adolph, Complainant's Counsel Attorney, Office ofthe Regional Counsel Western-Pacific Region, AWP-7 Federal Aviation Administration P.O. Box 92007 Los Angeles, CA 90009-2007 TEL: 310-725-7128 FAX: 310-725-6816

1 Service was by U.S. Mail. For service in person orby expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue, S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430. 2 \The Honorable Richard C. Goodwin,Administrative LawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. (Ell-310) Washington, DC 20590 TEL: 202-366-5121 StaffAssistant FPC(: 202-366-7536

3
Fourth Court of Appeals

San Antonio, Texas

December 22, 2016

No. 04-16-00025-CV

Beatrice VASQUEZ & Darryl De La Cruz,

Appellants

v.

OLD AUSTIN ROAD LAND TRUST, Joseph Anthony Pizzini Individually and as Trustee of 

Old Austin Road Land Trust, & John Price,

Appellees

From the 438th Judicial District Court, Bexar County, Texas

Trial Court No. 2015-CI-20809

Honorable David A. Canales, Judge Presiding

O R D E R

After we reinstated this appeal, Appellees’ brief was due on December 19, 2016. See

TEX. R. APP. P. 38.6(b), (d). On the due date, Appellees filed an unopposed second motion for 

an extension of time to file their brief until January 18, 2017. See id. R. 10.5(b). 

Appellees’ motion for extension of time is GRANTED. Appellees’ brief is due on 

January 18, 2017. Any further motion for extension of time to file Appellees’ brief will be 

disfavored.

_________________________________

Patricia O. Alvarez, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 22nd day of December, 2016.

___________________________________

Keith E. Hottle

Clerk of Court
# C_2014329EN.01002301.xml

| 22.9.2014 | EN | Official Journal of the European Union | C 329/23 |
| --- | --- | --- | --- |

22.9.2014

EN

Official Journal of the European Union

C 329/23

---

Action brought on 16 July 2014 — Klass v OHIM — F. Smit (PLAYSEAT) (PLAYSEATS)

(Case T-540/14)

2014/C 329/32

Language in which the application was lodged: German

Parties

Parties

Applicant: Oliver Klass (Remscheid, Germany) (represented by: U. Bender, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: F. Smit Holding BV (Doetinchem, Netherlands)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Alter the decisions of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 May 2014 in Cases R 1616/2013-4 and R 1834/2013-4 to the effect that both of the applications for a declaration of invalidity of 31 July 2012 are granted; |
| --- | --- |

—

Alter the decisions of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 May 2014 in Cases R 1616/2013-4 and R 1834/2013-4 to the effect that both of the applications for a declaration of invalidity of 31 July 2012 are granted;

| — | Order the defendant and the other party to pay the costs. |
| --- | --- |

—

Order the defendant and the other party to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark in respect of which a declaration of invalidity has been sought: the word marks ‘PLAYSEAT’ and ‘PLAYSEATS’ for goods in Class 9 — Community trade marks No 7 5 95  184 and No 8 8 42  254

Registered Community trade mark in respect of which a declaration of invalidity has been sought:

Proprietor of the Community trade mark: F. Smit Holding BV

Proprietor of the Community trade mark:

Applicant for the declaration of invalidity of the Community trade mark: the applicant

Applicant for the declaration of invalidity of the Community trade mark:

Grounds for the application for a declaration of invalidity: the absolute grounds for invalidity in Article 52(1)(a) of Regulation No 207/2009 in conjunction with Article 7(1)(b) and (c) thereof

Grounds for the application for a declaration of invalidity:

Decision of the Cancellation Division: the applications for a declaration of invalidity were rejected

Decision of the Cancellation Division:

Decision of the Board of Appeal: the appeals were dismissed

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 52(1)(a) of Regulation No 207/2009 in conjunction with Article 7(1)(b) and (c) thereof

Pleas in law:

---
| (logo) WELLS FARGO | **Corporate Trust Services**MAC R1204-0109062 Old Annapolis RoadColumbia, MD 21045Tel: 410 884 2000 Fax: 410 715 2380 |
|--------------------|-----------------------------------------------------------------------------------------------------------------------|

 

 

Credit Suisse First Boston Mortgage Securities Corp.

11 MADISON AVE

NEW YORK, New York 10010-3643

 

 

RE: Annual Statement of Compliance for Credit Suisse First Boston Mortgage Securities Corp., Commercial Mortgage Pass-Through Certificates Series 2015-C1

 

Per the Pooling and Servicing Agreement dated as of March 1, 2015 (the "Agreement"), the undersigned, a duly authorized officer of Wells Fargo Bank, N.A., as Certificate Administrator ("Wells Fargo"), hereby certifies as follows as of and for the year ending December 31, 2015 (the "Reporting Period"):

 

(a) A review of Wells Fargo's activities during the Reporting Period and of its performance under the Agreement has been made under such officer's supervision; and

 

(b) To the best of such officer's knowledge, based on such review, Wells Fargo has fulfilled all of its obligations under the Agreement in all material respects throughout the Reporting Period.

 

 

February 29, 2016

 

/s/ Brian Smith

BRIAN SMITH

Vice President

 

 

Wells Fargo Bank, N.A.
IN THE SUPREME COURT OF PENNSYLVANIA

WESTERN DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Petitioner

v.

JAMES DUANE BAKER-MYERS,

Respondent

:

:

:

:

:

:

:

:

:

:

:

No. 193 WAL 2019

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 26th day of November, 2019, the Petition for Allowance of Appeal

is GRANTED. The issues, as stated by petitioner, are:

(1) Whether the Superior Court of Pennsylvania, citing the case of 

Commonwealth v. Magliocco, 883 A.2d 479 (Pa. 2005), properly held the 

language “in violation of Chapter 31” is an essential element necessary for 

a conviction of Corruption of Minors as a felony of the third degree[.]

(2) Whether the evidence was sufficient for a conviction of Corruption of Minors 

as a felony of the third degree despite the jury’s acquittal of Rape, Sexual 

Assault, Aggravated Indecent Assault and Indecent Assault[.]
# C_2014351EN.01002701.xml

| 6.10.2014 | EN | Official Journal of the European Union | C 351/27 |
| --- | --- | --- | --- |

6.10.2014

EN

Official Journal of the European Union

C 351/27

---

Action brought on 14 August 2014 — Loewe Technologies v OHIM — DNS International (SoundVision)

(Case T-623/14)

2014/C 351/35

Language in which the application was lodged: English

Parties

Parties

Applicant: Loewe Technologies GmbH (Kronach, Germany) (represented by: J. Pröll, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: DNS International Ltd (Tortola, British Virgin Islands)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2014 given in Case R 1625/2013-2. |
| --- | --- |

—

Annul the decision of the Second Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 12 June 2014 given in Case R 1625/2013-2.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The other party to the proceedings before the Board of Appeal

Applicant for a Community trade mark:

Community trade mark concerned: The figurative mark in black and white containing the verbal elements ‘SoundVision’ for goods in Classes 9, 15 and 20 — Community trade mark application No 1 0 5 05  519

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The applicant

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: The word mark ‘LOEWE SOUNDVISION’ — CTM No 5 7 98  228

Mark or sign cited in opposition:

Decision of the Opposition Division: Partially upheld the opposition

Decision of the Opposition Division:

Decision of the Board of Appeal: Upheld the appeal and allowed for registration of the contested CTM

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8 (1)(b) CTMR.

Pleas in law:

---
<PAGE>

                                                                     Exhibit 4.8



                              CERTIFICATE OF TRUST
                                       OF
                             CHUBB CAPITAL TRUST III


      This CERTIFICATE OF TRUST of Chubb Capital Trust III (the "Trust"), is
being duly executed and filed by the undersigned, as trustees, to form a
statutory trust under the Delaware Statutory Trust Act (12 Del. Code Section
3801 et seq.) (the "Act").

      1. Name. The name of the statutory trust being formed hereby is "Chubb
Capital Trust III."

      2. Delaware Trustee. The name and business address of the trustee of the
Trust with a principal place of business in the State of Delaware is Bank One
Delaware, Inc., Three Christina Centre, 201 North Walnut Street, Wilmington,
Delaware 19801.

      3. Effective Date. This Certificate of Trust shall be effective as of its
filing with the Secretary of the State of Delaware.

      4. Counterparts. This Certificate of Trust may be executed in one or more
counterparts.

..

<PAGE>


      IN WITNESS WHEREOF, the undersigned trustees of the Trust, have executed
this Certificate of Trust in accordance with Section 3811(a) of the Act.


                                    BANK ONE DELAWARE, INC., as Delaware Trustee
                                    of the Trust

                                    By:     /s/ SANDRA L. CARUBA
                                            --------------------------------
                                    Name:   Sandra L. Caruba
                                    Title:  Senior Counsel


                                    BANK ONE TRUST COMPANY, N.A., as Property
                                    Trustee of the Trust

                                    By:     /s/ SANDRA L. CARUBA
                                            --------------------------------
                                    Name:   Sandra L. Caruba
                                    Title:  Senior Counsel


                                    MICHAEL O'REILLY, not in his individual
                                    capacity but solely as Administrative
                                    Trustee of the Trust

                                    By:     /s/ MICHAEL O'REILLY
                                            --------------------------------
                                    Name:   Michael O'Reilly
                                    Title:  Vice Chairman and Chief Financial
                                            Officer
arna-ex102_8.htm



 

Exhibit 10.2

AMENDMENT NO. 3 TO 

ARENA PHARMACEUTICALS, INC.

AMENDED AND RESTATED SEVERANCE BENEFIT PLAN

The Arena Pharmaceuticals, Inc., Amended and Restated Severance Benefit Plan, dated May 9, 2016, as amended (the “Plan”), is hereby further amended as of March 20, 2017, by this Amendment No. 3 as follows:

Preston Klassen is hereby added to Exhibit A of the Plan, with a Severance Period of 18 months.

To record the adoption of this Amendment No. 3, Arena Pharmaceuticals, Inc. has caused its duly authorized officer to execute the same this 20th day of March 2017.

 

 


	
	
Arena Pharmaceuticals, Inc.

	
 

	
/s/ Amit Munshi

	
Amit Munshi

	
President and Chief Executive Officer
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER
                       ARMANINO FOODS OF DISTINCTION, INC.
                       PURSUANT TO 18 U.S.C. SECTION 1350


     I hereby certify that, to the best of my knowledge, the Quarterly Report
on Form 10-QSB of Armanino Foods of Distinction, Inc. for the period ending
September 30, 2003:

     (1) 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 aspects, the financial condition and results of operations of
Armanino Foods of Distinction, Inc.


/s/ William J. Armanino
William J. Armanino
Chief Executive Officer
November 4, 2003


A signed original of this written statement required by Section 906 of the
Sarbanes-Oxley Act of 2002 has been provided to Armanino Foods of Distinction,
Inc. and will be retained by Armanino Foods of Distinction, Inc. and furnished
to the Securities and Exchange Commission upon request.
§ 876.4650 Water jet renal stone dislodger system. ( a ) *Identification.* A water jet renal stone dislodger system is a device used to dislodge stones from renal calyces (recesses of the pelvis of the kidney) by means of a pressurized stream of water through a conduit. The device is used in the surgical removal of kidney stones.
( b ) *Classification.* Class II (special controls). The device is exempt from the premarket notification procedures in subpart E of part 807 of this chapter subject to § 876.9.
[48 FR 53023, Nov. 23, 1983, as amended at 63 FR 59228, Nov. 3, 1998]