alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2013352EN.01002301.xml

| 30.11.2013 | EN | Official Journal of the European Union | C 352/23 |
| --- | --- | --- | --- |

30.11.2013

EN

Official Journal of the European Union

C 352/23

---

Judgment of the Civil Service Tribunal (1st Chamber) of 17 October 2013 — BF v Court of Auditors

(Case F-69/11) (1)

1

(Civil service - Procedure for filling the post of director - Report of the pre-selection board - Statement of reasons - None - Unlawfulness of the nomination decision - Conditions)

2013/C 352/42

Language of the case: French

Parties

Parties

Applicant: BF (Luxembourg, Luxembourg) (represented by: L. Levi, lawyer)

Applicant:

Defendant: Court of Auditors of the European Union (represented by: T. Kennedy and J. Vermer, acting as Agents, and by D. Waelbroeck)

Defendant:

Re:

Re:

Application to annul the decision of the Court of Auditors not to appoint the applicant to the post of director of the Directorate of Human Resources and to appoint another candidate to that post.

Operative part of the judgment

Operative part of the judgment

The Tribunal:

| 1. | Annuls the decisions of 18 November 2011 by which the Court of Auditors of the European Union appointed Ms Z to the post of Director of Human Resources and rejected BF’s candidacy for that post; |
| --- | --- |

1.

Annuls the decisions of 18 November 2011 by which the Court of Auditors of the European Union appointed Ms Z to the post of Director of Human Resources and rejected BF’s candidacy for that post;

| 2. | Considers that there is no need to adjudicate on the request of the Court of Auditors of the European Union to remove from the file Annexes A7 and A11 to the application; |
| --- | --- |

2.

Considers that there is no need to adjudicate on the request of the Court of Auditors of the European Union to remove from the file Annexes A7 and A11 to the application;

| 3. | Dismisses the action as to the remainder; |
| --- | --- |

3.

Dismisses the action as to the remainder;

| 4. | Orders the Court of Auditors of the European Union to bear its own costs and to pay those incurred by BF. |
| --- | --- |

4.

Orders the Court of Auditors of the European Union to bear its own costs and to pay those incurred by BF.

---

(1)  OJ C 282, 24.9.2011, p. 52.

1

---
INDEX OF EXHIBITS

Exhibit A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BGP Articles of Organization

Exhibit B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BGP’s copyright registration for Nucore

Exhibit C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Photo of WP2K pinball machine

Exhibit D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Affidavit of Don Weingarden

Exhibit E . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Affidavit of Charles Hess

Exhibit F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pinbox announcement on Pinside.com

Exhibit G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Comcast’s response to subpoena

Exhibit H . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DBP’s response to subpoena

Exhibit I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BGP server log

Exhibit J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nucore copyright notice at startup

Exhibit K . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DBP response to subpoena

Exhibit L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Info identifying Defendant as pinball enthusiast

Exhibit M . . . . . . . . . . . . . . . . . . . . . . . . . Info identifying Defendant’s particular interest in P2K

Exhibit N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Info identifying Defendant as a software engineer

Exhibit O . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Choon case

2:14-cv-14185-VAR-RSW Doc # 34-1 Filed 04/15/15 Pg 1 of 1 Pg ID 302
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

NORTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, Case No. 14-cr-20583 

v. Honorable Thomas L. Ludington 

RAMON ALANIZ, JR., 

 Defendant.

_______________________________________/ 

ORDER ADOPTING REPORT AND RECOMMENDATION, ACCEPTING 

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

AGREEMENT UNDER ADVISEMENT 

On June 18, 2015, United States Magistrate Judge Patricia T. Morris conducted a plea 

hearing pursuant to Defendant’s consent. The Magistrate Judge issued her report on June 19, 

2015, recommending that this Court accept Defendant’s plea of guilty. 

Although the Magistrate Judge’s report explicitly stated that the parties to this action may 

object to and seek review of the recommendation within fourteen days of service of the report, 

neither Plaintiff nor Defendant filed any objections. The election not to file objections 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). The failure to file objections to the report and 

recommendation waives any further right to appeal. 

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

ECF No. 20, is ADOPTED. 

 It is further ORDERED that Defendant’s plea of guilty is ACCEPTED, and the Rule 11 

Plea Agreement, ECF No. 19, is taken UNDER ADVISEMENT. 

Dated: July 16, 2015 s/Thomas L. Ludington 

 THOMAS L. LUDINGTON 

 United States District Judge 

1:14-cr-20583-TLL-PTM Doc # 23 Filed 07/16/15 Pg 1 of 2 Pg ID 78
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 July 16, 2015. 

 s/Karri Sandusky 

 Karri Sandusky, Acting Case Manager 

1:14-cr-20583-TLL-PTM Doc # 23 Filed 07/16/15 Pg 2 of 2 Pg ID 79
* Local Rule 47.5 provides: "The publication of opinions

that have no precedential value and merely decide particular cases on the basis of well-settled principles of law imposes needless expense on the public and burdens on the legal profession." Pursuant to that Rule, the court has determined that this opinion should not be published.

IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

__________________ No. 95-50194 Summary Calendar

__________________ UNITED STATES OF AMERICA, Plaintiff-Appellee,
versus AMOS ELLIOTT, JR., Defendant-Appellant.

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. 94-CR-171-1
- - - - - - - - - - November 30, 1995 Before WIENER, PARKER and DENNIS, Circuit Judges. PER CURIAM: * Amos Elliott, Jr., has appealed the sufficiency of the evidence supporting his convictions for theft of government money and money laundering. Elliott argues that his convictions should be reversed because there is insufficient evidence that he stole money from the Government. We have reviewed the briefs and the record and discern no reversible error. AFFIRMED.
Exhibit 32.1


                            Certification pursuant to
                             18 U.S.C. Section 1350,
                             as adopted pursuant to
                  Section 906 of the Sarbanes-Oxley Act of 2002



      Michael R. Kallet,  President  and Chief  Executive  Officer,  and Eric E.
Stickels,  Executive  Vice  President  and  Chief  Financial  Officer  of Oneida
Financial Corp. (the  "Company"),  each certify in his capacity as an officer of
the Company  that he has reviewed  the  Quarterly  Report of the Company on Form
10-Q for the quarter  ended  September  30, 2007 and that to the best of his/her
knowledge:

(1)   the report fully complies with the  requirements  of Sections 13(a) 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.

The purpose of this  statement  is solely to comply  with Title 18,  Chapter 63,
Section  1350 of the United  States  Code,  as  amended  by  Section  906 of the
Sarbanes-Oxley Act of 2002.




    November 14, 2007                    /s/  Michael R. Kallet
----------------------------------       ---------------------------------------
Date                                     President and Chief Executive Officer


  November 14, 2007                      /s/ Eric E. Stickels
----------------------------------       --------------------------------------
Date                                     Executive Vice President and
                                         Chief Financial Officer
#### § 111.77-1 Overcurrent protection.

If a circuit supplies only one appliance or device, the rating or setting of the branch circuit overcurrent device must not be more than 150 percent of the rating of the appliance or device, or 15 amperes, whichever is greater.
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 Veterans Affairs

The Department of Veterans Affairs (VA) gives notice under Public Law 92-463 (Federal Advisory Committee Act) that the National Research Advisory Council will hold a meeting on Thursday, February 1, 2007, in room 900 at the Greenhoot Cohen Building, 1722 I Street, NW., Washington, DC. The meeting will convene at 8 a.m. and conclude at 3 p.m. The meeting is open to the public. The purpose of the Council is to provide external advice and review for VA's research mission.

The agenda will include a review of the VA research portfolio and a summary of current budget allocations. The Council will also provide feedback on the direction/focus of VA's research initiatives.

                    Any member of the pubic wishing to attend the meeting or wishing further information should contact Jay A. Freedman, PhD., Designated Federal Officer, at (202) 254-0267. Oral comments from the public will not be accepted at the meeting. Written statements or comments should be transmitted electronically to                     *jay.freedman@va.gov*                     or mailed to Dr. Freedman at Department of Veterans Affairs, Office of Research and Development (12), 810 Vermont Avenue, NW., Washington, DC 20420.                

Dated: January 8, 2007.

By Direction of the Secretary.

E. Phillip Riggin,

Committee Management Officer.

[FR Doc. 07-180 Filed 1-17-07; 8:45 am]

BILLING CODE 8320-01-M
###### Editorial Note on Part 151

#### Editorial Note:

Nomenclature changes to part 151 appear by USCG-2009-0702, 74 FR 49236, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59784, Oct. 1, 2012.

#### § 151.40-5 Construction.

Construction of machinery or equipment, such as heat exchangers, condensers, piping, etc., associated with temperature or pressure control systems shall meet the requirements of Subchapter F of this chapter. The electrical portions of these installations shall meet the requirements of Subchapter J of this chapter.
STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

In the matter of

State of Connecticut

Department of Public Works

TRADING AGREEMENT AND

ORDER NO. 8130 MODIFICATION

TRADING AGREEMENT AND ORDER MODIFICATION

In the matter of a Trading Agreement and Order between the Commissioner of Environmental

Protection ("Commissioner") and the Commissioner of the Department of Public Works ("DPW").

WHEREAS, the Commissioner and DPW, having agreed to the terms and conditions set

forth in Trading Agreement and Order No. 8130 issued on October 18, 1996, do now, by mutual

agreement, modify paragraphs C.l., C.l.C., C.l.F., CA. and C.Il. as follows:

1. Change the second date specified in paragraph C.l. from May I, 1999 to

May 1,2003.

2. Change the date specified in paragraph C.I.C. from May I, 1999 to May 1,2003.

J. Replace paragraph C.l.F. as follows: No later than March 1 of the years 1999,

2000, 2001, 2002, 2003 and 2004 include with its alU1ual emissions report to the

Conunissioner, NOx emissions and ERCs used for the previous (:alendar year, in

monthly increments;

4. Change the date specified in paragraph CA. from May 1, 1999 to May 1,2003.

5. Change the date specified in paragraph C.II. from May 1, 1999 to May 1,2003.

-.AII other terms and conditions of Trading Agreement and Order No. 8130 issued by the

Commissioner acting under Sections 22a-6, 22a-171, 22a-174, 22a-176, 22a-l77 and 22a-l78 of

the COlU1ecticut General Statutes shall remain in effect.

[nitials:~ ?9 Elm

( Printed on Recycled Paper)

Sireer • Jiillrord. CT 06106· 512?

hll p:/lde p,srile_el.~J

"" Eq",al Opport",,,ily Employu
•

The State ofColU1ecticut

Department of Public Works

2 TRADING AGREEMENT AND

ORDER NO. 8130

MODIFICATION

ecticut Department of Public Works

c\mmiSSiQDO'\r TR AnSOD

The tate

Signature:

Type Name:

The State of Connecticut Department of Public Works ereby consents to the entry of this

modification to the Trading Agreement and Order witlxlutflurther notice.

Type Title:

Date:

nnecticut

1999.

Entered as a modification of an Order of the Commissioner of Environmental Protection numbered

8130 this _----=:;2.-:..:::.!.1__day of

Arthur J. Rocque, Jr.

Commissioner

TOWN OF NEWTOWN

LAND RECORDS

MAILED CERTIFIED MAIL,

_ RETURN RECEIPT REQUESTED

Certified Document No.
Editorial Note on Part 153
Editorial Note: Nomenclature changes to part 153 appear by CGD-95-072, 60 FR 50465, Sept. 29, 1995, CGD-96-041, 61 FR 50732, Sept. 27, 1996, USCG-2009-0702, 74 FR 49235, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59784, Oct. 1, 2012.

§ 153.297 Emergency actuators at the point of cargo control. ( a ) The point from which cargo transfer is controlled must have the same actuators an emergency shutdown station must have under § 153.296 and an actuator for any deck water spray systems required by this part.
( b ) The point from which cargo transfer is controlled may be one of the emergency shutdown stations required under § 153.296 if it meets the requirements of that section.
<PAGE>   1
                                                                    EXHIBIT 10.4



December 11, 1996





Robert H. Kurnick, Jr., Esq.
Sr. Vice President and General Counsel
Penske Motorsports, Inc.
3270 W. Big Beaver Rd.
Suite 130
Troy, Michigan  48084

     RE: THE CALIFORNIA SPEEDWAY/KAISER VENTURES

Dear Rob:

     This letter will confirm our agreement that in connection with the
transfer of certain real property from Kaiser Ventures Inc., ("KAISER") to The
California Speedway Corporation, ("TCS") pursuant to a Purchase Agreement and
Escrow Instructions (the "PURCHASE AGREEMENT"), dated October 8, 1996, we have
agreed to amend the defined term "SDC PROPERTY" as used in the Water Rights
Agreement (the "WATER RIGHTS AGREEMENT") between Kaiser and TCS (formerly
Speedway Development Corporation), dated November 21, 1995.  Kaiser and TCS
hereby amend the Water Rights Agreement by adding to the definition of SDC
Property contained therein all of the "PROPERTY" transferred from Kaiser to TCS
pursuant to the Purchase Agreement.  Except for the inclusion of the additional
property in the definition of SDC Property, the Water Rights Agreement is not
being amended in any other respect.

     If the foregoing accurately reflects your understanding, please so
indicate by executing where provided for below.


Sincerely,                                  Agreed and Accepted:               
                                                                               
Kaiser Ventures Inc.                        The California Speedway Corporation
                                                                               
By: /s/ Gerald A. Fawcett                   By: /s/ Robert H. Kurnick, Jr.     
   -----------------------                     --------------------------------
                                                                               
Its: President                              Its: Senior Vice President         
    -------------------                         -------------------------------
                                                                               
Dated: December 12, 1996                    Dated: December 12, 1996           
      -------------------                         -----------------------------
<PAGE>

                                                                    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

     This certification is provided pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, 18 U.S.C. Section 1350, and accompanies the
quarterly report on Form 10-QSB for the quarter ended June 30, 2007 (the "Form
10-QSB") of Community Shores Bank Corporation (the "Issuer").

     I, Tracey A. Welsh, Senior Vice President, Chief Financial Officer and
Treasurer of the Issuer, certify that to my knowledge:

     (i)  the Form 10-QSB fully complies with the requirements of Section 13(a)
          or Section 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.
          78m(a) or 78o(d)); and

     (ii) the information contained in the Form 10-QSB fairly presents, in all
          material respects, the financial condition and results of operations
          of the Issuer.

Dated: August 14, 2007

                                        /s/ Tracey A. Welsh
                                        ----------------------------------------
                                        Tracey A. Welsh
                                        Senior Vice President, Chief Financial
                                        Officer and Treasurer
Exhibit M

2:14-cv-14185-VAR-RSW Doc # 36-13 Filed 04/17/15 Pg 1 of 4 Pg ID 453
Jimmy Lipham’s particular interest in Pinball 2000 development

1. Presentation at the “Southern Fried Gameroom Expo” about creating custom pinball and

arcade games: 

https://www.youtube.com/watch?v=oK9bBO41NJ8&app=desktop

Mr. Lipham’s discussion of Pinball-2000 interests can be found at:

0:13:30 - 0:20:50 Mr. Lipham discussing his development of Pinball 2000-like

features for a Demolition Man pinball game, which was never

released as a Williams Pinball-2000 unit 

0:29:30 - 0:31:00 Mr. Lipham discussing future projects, including a “Wizard

Blocks” game in Pinball-2000 format. Wizard Blocks was the

third Williams Pinball-2000 game under development but never

released. Mr. Lipham notes during this portion of the

discussion that he does not intend to “reinvent the wheel” with

respect to the software driving Wizard Blocks

2. Mr. Lipham’s correspondence with an admirer of his work on the Demolition Man 2000

concept, noting that he developed the program making the Pinball 2000-like features

possible (attached with this Exhibit). 

2:14-cv-14185-VAR-RSW Doc # 36-13 Filed 04/17/15 Pg 2 of 4 Pg ID 454
homebrew pinball: Pin-2000 for a demolition man 

Tuesday, September'4, 2012 

Pin-2000 for a demolition man 

This is th~ coolest mod I've seen in a long time. This guy threw a P-roc system in his 

machine, wrote up some code, mounted a 26" LCD above the back box, and turned it into 

what I believe is the first wide-body P2k machine. Even though it's early code, he's got 

objects that are breakable, and some neat pop-up menus (not to mention a great scoring 

system). I can't wait to see what he does with it: 

http://pinside.com/pinball!forum/topic/dm-p2k-concept#post-391920 

Posted by joe at 8:03 PM 

~:~D Recommend this (Ill Google 

· 1 comment: 

Jimmy Lipham February 1, 2013 at 11:10 AM 

Hey Joe, 

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Blog Archive 

ill- 2015 (24) 

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v 2012 (18) 

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Picked up a black 

knight today 

door actuator pin -

starting the 

design 

New direction for 

homebrew 

pinball 

Pin-2000 for a 

demolition man 

... August (2) 

... June (2) 

2:14-cv-14185-VAR-RSW Doc # 36-13 Filed 04/17/15 Pg 3 of 4 Pg ID 455
homebrew pinball: Pin-2000 for a demolition man 

I'm the author of that software. Many thanks for the post! I'm running a mile a minute, 

but hey, it should be playable at a local show in April! l love what you've done with 

your project as well! 

--Jimmy 

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About Me 

TOYOTA 

joe 

Illinois pinball 

club President 

View my complete profile 

2:14-cv-14185-VAR-RSW Doc # 36-13 Filed 04/17/15 Pg 4 of 4 Pg ID 456
##### 



EXHIBIT 23.1

CONSENT OF INDEPENDENT CERTIFIED
PUBLIC ACCOUNTANTS

The Board of Directors
PowerCerv Corporation

We have issued our report dated January 29, 2003, which includes an explanatory
paragraph for a going concern matter, accompanying the consolidated financial
statements included in the Annual Report of PowerCerv Corporation on Form
10-KSB for the year ended December 31, 2002. We hereby consent to the
incorporation by reference of said report in the Registration Statements of
PowerCerv Corporation on Forms S-8 (File No. 333-3960, File No. 333-50621, File
No. 333-90825 and File No. 333-90827).

/s/ Grant Thornton, LLP


Tampa, Florida
April 11, 2003