alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Motion Granted; Dismissed and Memorandum Opinion filed September 3 ,

2020

.

In The



## Fourteenth Court of Appeals

NO. 14

- 20

- 00192

- CV

ELAINE T. MARSHALL, INDIVIDUALLY, ELAINE T. MARSHALL AS INDEPENDENT EXECUTOR OF THE ESTATE OF E. PIERCE

MARSHALL, DECEAS ED, ET AL , Appel lant

V.
PRESTON MARSHALL , Appellee

On Appeal from the Probate Court No 4 Harris County, Texas Trial Court Cause No. 365,053

- 403

MEMORANDUM OPINION
On August 5, 2020, appellee filed a motion to dismiss contending that the
order s being a ppea led are interlocutory order s not subject to appeal . In response, appellant argues she is authorized to appeal pursuant to section 51.014(a)( 4 ) of the
Civ il Practi ce and Remedies Code. See Tex. Civ. Prac. Rem. Code § 51.014 (a)(4) ( a uthoriz ing the appea l of an o rder granting or refusing to grant a tempor ary2

injunction). We agree with appellant and dismiss this appeal for want of juris diction.

T he orders being appeal ed relate to the probate court ’ s approval of appellee ’ s interpleader action. Appellant argues that because the order s deny her request to hav e appellee de posit funds into the registry of the court, they are inju nctive in nature. A party is entitled to interpleader relief i f three elements are met: (1) it is either subject to, or h as reasonable gro unds to anticipate, rival claims to the same funds; (2) it has no t unreasonable delayed filing its action for
in terpleader; and (3) it has unconditionally tendered the funds into the registry of
the court. Heggy v. Am. Trading Employee Ret . Account Plan , 1 23 S. W.3d 770, 775 (Tex. App.

— Houston [14th Dist.] 2003, pet. denied) . By its nature, interpleader relief requires a pa rty to tend er funds into the deposit of a court, even
if such tender is an unconditional offer and de dication of readine ss to do s o in th e
par ty ’ s pleadings. See i d . ( stating, “ only an unconditional tender, not a deposit, is required ” ). Cons equ ently, if we were to accept appellant ’ s argument, all orders granting or denying inter pleader relief would be in the nature of injun ctive relief
and subje ct to interlocutory appeal. We decline to ex pand our appellate jurisdiction

t o orders granting or denying interplea der re lief.

Acc ordingly, we grant appell ee ’ s motion to dismiss and or de r this appeal
dismiss ed for want o f jurisd ictio n.
PER CUR IAM

Pa nel C onsists of Justices Wise, J e well, a nd Pois sant.
Union Calendar No. 16

103D CONGRESS

1ST SESSION H. R. 416

[Report No. 103–32]

A BILL

To extend the period during which chapter 12 of

fect; and for other purposes.title 11 of the United States Code remains in efMARCH 16, 1993

Reported with an amendment, committed to the Commitand ordered to be printed tee on of the Whole House on the State of the Union,
IB

Union Calendar No. 16

103D CONGRESS

1ST SESSION H. R. 416

[Report No. 103–32]

To extend the period during which chapter 12 of title 11 of the United

States Code remains in effect; and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. SYNAR (for himself and Mr. GRANDY) introduced the following bill; which

was referred to the Committee on the Judiciary

MARCH 16, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

To extend the period during which chapter 12 of title 11

of the United States Code remains in effect; and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. EXTENSION OF TIME PERIOD.

4 The first sentence of section 302(f) of the Bank5 ruptcy Judges, United States Trustees, and Family Farm-
2

•HR 415 IH

1 er Bankruptcy Act of 1986 (Public Law 99–554; 100

2 Stat. 3124) is amended by striking ‘‘1993’’ and inserting

3 ‘‘1998’’.

4 SEC. 2. FILING OF PLAN.

5 Section 1221 of title 11, United States Code, is

6 amended by striking ‘‘an extension is substantially justi7 fied’’ and inserting ‘‘the need for an extension is attrib8 utable to circumstances for which the debtor should not

9 justly be held accountable’’.

10 SECTION 1. EXTENSION OF TIME PERIOD.

11 The first sentence of section 302(f) of the Bankruptcy

12 Judges, United States Trustees, and Family Farmer Bank13 ruptcy Act of 1986 (Public Law 99–554; 100 Stat. 3124)

14 is amended by striking ‘‘1993’’ and inserting ‘‘1998’’.

15 SEC. 2. FILING OF PLAN.

16 Section 1221 of title 11, United States Code, is amend17 ed by striking ‘‘an extension is substantially justified’’ and

18 inserting ‘‘the need for an extension is attributable to cir19 cumstances for which the debtor should not justly be held

20 accountable’’.

21 SEC. 3. EFFECTIVE DATE; APPLICATION OF AMENDMENT

22 MADE BY SECTION 2.

23 (a) EFFECTIVE DATE.—Except as provided in sub24 section (b), this Act and the amendments made by this Act

25 shall take effect on the date of the enactment of this Act.
3

•HR 415 IH

1 (b) APPLICATION OF AMENDMENT MADE BY SECTION

2 2.—The amendment made by section 2 shall not apply with

3 respect to cases commenced under title 11 of the United

4 States Code before the date of the enactment of this Act.
-cr-06240-WPD Document 28 Entered on FLSD Docket 09/24/2001 P
#### Robert H. Cerrito, Respondent, v Anthony Galioto, Appellant.

[627 NYS2d 767]

In an action to enforce a stipulation, the defendant appeals from an order of the Supreme Court, Queens County (LeVine, J.), entered April 27, 1994, which denied his motion to dismiss the action on the ground that the plaintiff failed to file proof of service.

Ordered that the order is affirmed, with costs.

*266According to CPLR 306-b (a), "[i]f proof of service is not filed *and*there has been no appearance by the defendant within [120 days after the date of filing of the summons and complaint] the action * * * shall be deemed dismissed *as to the nonappearing party** * * without prejudice and without costs” (emphasis supplied). In this case, the defendant appeared by the service of an answer *(see,*CPLR 320 [a]) within 120 days after the filing of the summons and complaint, and this "obviated * * * the need for filing” (1 Weinstein-Korn-Miller, NY Civ Prac 1Í 306-b.01). The defendant’s argument that the court was ousted of its jurisdiction over him solely because of the plaintiffs failure to file proof of service is thus without merit. Rosenblatt, J. P., Ritter, Copertino and Santucci, JJ., concur.
§ 302-1.2 Who is not eligible for relocation expense allowances under this chapter? You are not eligible to receive relocation expense allowances under this chapter if you are: ( a ) A Foreign Service Officer or a Federal employee transferred under the rules of the Foreign Service Act of 1980, as amended;
( b ) An officer or an employee transferred under the Central Intelligence Act of 1949, as amended;
( c ) A person whose pay and allowances are prescribed under title 37 U.S.C., “Pay and Allowances of the Uniformed Services”
( d ) An employee of the Department of Veterans Affairs (VA) to whom 38 U.S.C. 707 applies; or
( e ) A person not covered in § 302-1.1.
[FTR Amdt. 98, 66 FR 58196, Nov. 20, 2001, as amended by FTR Amdt. 108, 67 FR 57968, Sept. 13, 2002; 85 FR 39850, July 2, 2020]
#### § 302-11.103 How will I be reimbursed if I or a member of my immediate family do not hold full title to the property for which I am requesting reimbursement?

If you or a member of your immediate family do not hold full title to the property for which you are requesting reimbursement, you will be reimbursed on a pro rata basis to the extent of your actual title interest plus your equitable title interest in the residence.
Natoma

Manors

Bay

Heights

Golden Pines

North

Grove

Shorecrest

Bay Point

Miami International Airport

Morningside

Grapeland Heights

Little Havana Dodge Island

Shenandoah

Virginia Key

Auburndale

Liberty City

Silver Bluff

Wynwood

Little River

Downtown

The Roads

Allapattah

Little Haiti

Overtown

Flagami

Brickell

Omni

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V

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v.1

Districts

12345

Case 1:22-cv-24066-KMM Document 82-28 Entered on FLSD Docket 07/06/2023 Page 1 of 1
Exhibit 6

Case 1:22-cv-23196-PCH Document 46-6 Entered on FLSD Docket 08/16/2023 Page 1 of 3
Emails Showing That He 

Wrote the Opinion Piece on 

His Own Time 

JL_000725

Case 1:22-cv-23196-PCH Document 46-6 Entered on FLSD Docket 08/16/2023 Page 2 of 3
5/15/23, 8:52 AM Gmail - REVISED AGAIN - March column

https://mail.google.com/mail/u/0/?ik=1b1eae8ad5&view=pt&search=all&permmsgid=msg-a:r-5991682414625252700&simpl=msg-a:r-5991682414625... 1/1

John Labriola <jflabriola@gmail.com>

REVISED AGAIN - March column

John Labriola <jflabriola@gmail.com> Sat, Feb 27, 2021 at 8:48 AM

To: Sophie Publishing House <sophieph.info@gmail.com>

I made a couple more changes. Sorry about that.

On Fri, Feb 26, 2021 at 9:09 PM John Labriola <jflabriola@gmail.com> wrote:

Hi Karina. Please delete my earlier email and use this version instead. There were a couple of small mistakes in the

other one.

Thanks in advance!

Regards,

John

On Fri, Feb 26, 2021 at 7:54 PM John Labriola <jflabriola@gmail.com> wrote:

Enjoy! Thanks again.

Re-Revised March 2021 UNcensored.docx

22K

JL_000726

Case 1:22-cv-23196-PCH Document 46-6 Entered on FLSD Docket 08/16/2023 Page 3 of 3
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.                  

###### Department of Energy

###### Federal Energy Regulatory Commission

          - [Docket No. CP95-778-003]

Take notice that on June 8, 2000, Southern Natural Gas Company (Southern) tendered for filing with the Commission Second Revised Sheet No. 839 which cancels Rate Schedule X-73 to its FERC Gas Tariff, Original No. 2. Southern states that Rate Schedule X-73 contained a transportation and exchange agreement dated September 4, 1979, as amended, between Southern, Columbia Gulf Transmission Company and Columbia Gas Transmission Company. Southern requests that this sheet be effective April 9, 1996, the date of the Commission's order approving the abandonment of the transportation and exchange agreement.

Southern states that this filing is being made in compliance with Part 154 of the Commission's Regulations under the Natural Gas Act.

Southern states that a copy of this filing has been served on the official service list compiled by the Secretary in this proceeding.

Any person desiring to be heard or to protest said filing should file a motion to intervene or a protest with the Federal Energy Regulatory Commission, 888 First Street, NE, Washington, DC 20426, in accordance with Sections 385.214 or 385.211 of the Commission's Rules and Regulations. All such motions or protests must be filed on or before June 26, 2000. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceedings. Any person wishing to become a party must file a motion to intervene. Copies of this filing are on file with the Commission and are available for public inspection in the Public Reference Room. This filing may be viewed on the web at http://www.ferc.fed.us/​online/​rims.htm (call 202-208-2222 for assistance).

David P. Boergers,

Secretary.

[FR Doc. 00-15732 Filed 6-21-00; 8:45 am]

BILLING CODE 6717-01-M
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX 75

Hawthorne Street

San Francisco, CA 94105-3901

OCT 15 2012

Mr. Richard W. Corey

Deputy Executive Officer

California Air Resources Board

Post Office Box 2815

Sacramento, California 95812

Dear Mr. Corey:

On September 20, 2012, the California Air Resources Board submitted revisions to the

California State Implementation Plan. We have reviewed materials submitted with the

following rule and found that it fulfills the completeness criteria in 40 Code ofFederal

Regulations Part 51, Appendix V.

APCD/AQMD Rule # Rule Title

Monterey Bay Unified 400 Visible Emissions

This addresses all revisions in this submittal, In the coming months we will review the

complete revisions for action pursuant to Clean Air Act section 110(k).

Questions regarding our completeness review should be directed to Cynthia G. Allen at

(415) 947-4120.

Sincerely,

Director, Air Division

cc: Mr. Richard Stedman, APCO

Monterey Bay Unified APCD

Mr. Michael Guzzetta, Manager

Rule Evaluation Section

Stationary Source Division

Printed on Riled Paper
EPA Region 9 SIP COMPLETENESS CHECKLIST

To evaluate compliance with 40 CFR 51, Appendix V

Submittal Date September 20, 2012

District Name Monterey Bay Unified APCD

Date Reviewed October 11, 2012

EPA Reviewer C.G. Allen

Key:

C

NIA

0

= Complete

= Incomplete

= Not Applicable To Rule

= Material Missing

400

ADMINISTRATIVE MATERIALS (per Appendix V, Section 2.1)

(a) Submittal letter from Governor/designee X

(b) Evidence of adoption X

(c) State/District legal authority to adopt X

(dl) Copy of actual rule/plan X

(d2) Rule changes indicated by underline/cross-out X

(e) Proof that action met procedural requirements X

(f) Copy of public notice X

(g) Certification that hearing fulfilled public notice X

(h) Public comments & agency response N/A

TECHNICAL SUPPORT (per Appendix V, Section 2.2)

(a) Regulated pollutants identified N/A

(b) Affected sources & attainment status identified X

(c) Rule/plan emissions impact X

(d) Attainment, PSD & other required demonstration N/A

(e) Modeling support as appropriate N/A

(f) Reliance on continuous emission reductions X

(g) Evidence of limits & other needed requirements X

(i) Justification for deviation from EPA policy N/A

OVERALL COMPLETENESS C

Notes:
§ 102-74.155 What energy conservation policy must Federal agencies follow in the management of facilities? Federal agencies must— ( a ) Comply with the energy conservation guidelines in 10 CFR part 436 (Federal Energy Management and Planning Programs); and
( b ) Observe the energy conservation policies cited in this part.
#### § 102-75.445 Who can convey surplus real and related personal property for historic monument use?

A disposal agency may convey surplus real and related personal property for use as a historic monument, without monetary consideration, to any State, political subdivision, instrumentality thereof, or municipality, for the benefit of the public, provided the Secretary of the Interior has determined that the property is suitable and desirable for such use.
#### § 102-41.65 What happens to forfeited personal property that is transferred or retained for official use?

Except for drug paraphernalia (see §§ 102-41.210 through 102-41.235), forfeited personal property retained for official use or transferred to another Federal agency under this subpart loses its identity as forfeited property. When no longer required for official use, you must report it to GSA as excess for disposal in accordance with part 102-36 of this subchapter B. You must follow the additional provisions of subpart E of this part and part 101-42 of Chapter 101, Federal Property Management Regulations in this title when disposing of firearms, distilled spirits, wine, beer, and drug paraphernalia.
§ 109-1.5202 Establishment of a personal property holdings baseline. ( a ) If the contractor is a new designated contractor, the contractor may accept the previous contractor's personal property records as a baseline or may perform a complete physical inventory of all personal property. This physical inventory is to be performed within the time period specified by the contracting officer or the contract, but no later than one year after the execution date of the contract. If the physical inventory is not accomplished within the allotted time frame, the previous contractor's records will be considered as the baseline.
( b ) If any required physical inventories have not been accomplished within the time periods prescribed in § 109-1.5110(f) of this part, the new contractor shall either perform such physical inventories within 120 days of contract renegotiation, or accept the existing property records as the baseline.
#### § 102-75.400 Is industrial property located on an airport also considered to be “airport property”?

No, if the Administrator of General Services determines that a property's highest and best use is industrial, then the property must be classified as such for disposal without regard to the public benefit conveyance provisions of this subpart.
# Journal officiel C 370A/31 o

| | ISSN 1977-0936 |
| --- | --- |
| Journal officiel
  de l'Union européenne | C 370A |
| | |
| Édition de langue française | Communications et informations | 60e année31 octobre 2017 |

ISSN 1977-0936

Journal officiel

de l'Union européenne

C 370A

Édition de langue française

Communications et informations

60e année31 octobre 2017

---

| Numéro d'information | Sommaire | page |
| --- | --- | --- |
| | V   Avis |
| | PROCÉDURES ADMINISTRATIVES |
| | Office européen de sélection du personnel (EPSO) |
| 2017/C 370 A/01 | Liste de réserve — Concours général EPSO/AD/324/16 — Enquêteurs (AD 9): chefs d’équipe | 1 |

Numéro d'information

Sommaire

page

V   Avis

PROCÉDURES ADMINISTRATIVES

Office européen de sélection du personnel (EPSO)

2017/C 370 A/01

Liste de réserve — Concours général EPSO/AD/324/16 — Enquêteurs (AD 9): chefs d’équipe

1

---

| FR | |
| --- | --- |

FR

---

V Avis

PROCÉDURES ADMINISTRATIVES

Office européen de sélection du personnel (EPSO)

| 31.10.2017 | FR | Journal officiel de l'Union européenne | CA 370/1 |
| --- | --- | --- | --- |

31.10.2017

FR

Journal officiel de l'Union européenne

CA 370/1

---

LISTE DE RÉSERVE (1)

CONCOURS GÉNÉRAL EPSO/AD/324/16

ENQUÊTEURS (AD 9): chefs d’équipe

(2017/C 370 A/01)

| BANCALE | Giovanni |
| --- | --- |
| COSTEDOAT-MIOSSEC | Jean |
| DE MELO PONCE | Germán |
| DE RAEDT | Danny |
| DI TULLIO | Roberto |
| KOUTOULAKOU | Stavroula |
| ORTEGA ORISCH | Jesus Walter |
| VOLS | Bertrand |
| VOYATZI/VOGIATZI | Meropi/Myropi |

BANCALE

Giovanni

COSTEDOAT-MIOSSEC

Jean

DE MELO PONCE

Germán

DE RAEDT

Danny

DI TULLIO

Roberto

KOUTOULAKOU

Stavroula

ORTEGA ORISCH

Jesus Walter

VOLS

Bertrand

VOYATZI/VOGIATZI

Meropi/Myropi

La validité de la liste expirera le 31 décembre 2020.

---

(1)  À la demande expresse d’un lauréat, son nom n’est pas publié.

---
#### § 102-39.25 Which exchange/sale provisions are subject to deviation?

All of the provisions in this part are subject to deviation (upon presentation of adequate justification) except for those mandated by statute, as described in note 1 to §§ 102-39.60(a) and 102-39.80. See the link on “Exchange/Sale” at *www.gsa.gov/personalpropertypolicy* for additional information on requesting deviations from this part.

[73 FR 50880, Aug. 29, 2008, as amended at 88 FR 25511, Apr. 27, 2023]
# Comments on: 21-1387: APPLE INC. v. MPH TECHNOLOGIES OY [OPINION], Nonprecedential
No. 11-9276.

#### Best *v.*United States.

C. A. 7th Cir. Certiorari denied.
No. 10-10898.

#### Matkin *v.*Henry, Warden.

C. A. 9th Cir. Certiorari denied.
#### § 102-34.350 How do we obtain the forms prescribed in this part?

See § 102-2.135 of this chapter for how to obtain forms prescribed in this part.
Exhibit 10.5

 

AMENDMENT NO. 1 TO 

 

MACROCURE LTD.

 




 

2013 SHARE INCENTIVE PLAN

 




 




 

ADOPTED: JULY 14, 2014

 




 











 

Section 5 of the Plan shall be deleted and replaced in its entirety with the following:

 

“5. SHARES.

 

The number of Shares reserved for the grant of Awards under the Plan shall initially be 24,094 Shares, or such number as may be reserved for such purpose from time to time, all of which may be granted as Incentive Stock Options. Effective as of January 1 of each year (commencing on January 1, 2015), the number of Shares reserved for the grant of Awards under the Plan shall automatically increase by the lesser of the following: (i) two percent (2%) of the outstanding Ordinary Shares on the last day of the immediately preceding year; and (ii) an amount determined by the Board. The class of said Shares shall be designated by the Board with respect to each Award and the notice of grant shall reflect such designation. Any share underlying an Award granted hereunder which has expired, or was cancelled or terminated or forfeited for any reason without having been exercised, shall be automatically, and without any further action on the part of the Company or any Grantee, returned to the “pool” of reserved Shares hereunder and shall again be available for grant for the purposes of this Plan (unless this Plan shall have been terminated) or unless the Board determines otherwise. The Board may, subject to any other approvals required under any Applicable Law, increase or decrease the number of Shares to be reserved under the Plan. Such Shares may, in whole or in part, be authorized but unissued Shares, or Shares that shall have been or may be reacquired by the Company (to the extent permitted pursuant to the Companies Law) or by a trustee appointed by the Board under the relevant provisions of the Ordinance, the Companies Law or any equivalent provision. Any Shares which are not subject to outstanding options at the termination of the Plan shall cease to be reserved for the purpose of the Plan, but until termination of the Plan, the Company shall at all times reserve a sufficient number of Shares to meet the requirements of the Plan.”

 

* * *