alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2016048EN.01003901.xml

| 8.2.2016 | EN | Official Journal of the European Union | C 48/39 |
| --- | --- | --- | --- |

8.2.2016

EN

Official Journal of the European Union

C 48/39

---

Judgment of the General Court of 16 December 2015 — Air France-KLM v Commission

(Case T-62/11) (1)

1

((Competition - Agreements, decisions and concerted practices - European airfreight market - Agreements and concerted practices in respect of several elements of the pricing of airfreight services (imposition of fuel and security surcharges, refusal to pay commission on surcharges) - Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and Switzerland on Air Transport - Obligation to state reasons))

(2016/C 048/43)

Language of the case: French

Parties

Parties

Applicant: Air France-KLM (Paris, France) (represented by: A. Wachsmann and S. Thibault-Liger, lawyers)

Applicant:

Defendant: European Commission (represented initially by C. Giolito, S. Noë and N. von Lingen, acting as Agents, and B. Lebrun, lawyer, and subsequently by C. Giolito and A. Dawes, acting as Agents)

Defendant:

Intervener in support of the defendant: Council of the European Union (represented by: F. Florindo Gijón, M. Simm and M. Balta, acting as Agents)

Intervener in support of the defendant:

Re:

Re:

Application, principally, for annulment of Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight), in so far as it concerns the applicant, or, at the very least, for annulment of Article 5(b) of that decision, in so far as it imposes a fine on the applicant, or for the reduction of that fine.

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Annuls Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight), in so far as it concerns Air France-KLM; |
| --- | --- |

1.

Annuls Commission Decision C(2010) 7694 final of 9 November 2010 relating to a proceeding under Article 101 TFEU, Article 53 of the EEA Agreement and Article 8 of the Agreement between the European Community and the Swiss Confederation on Air Transport (Case COMP/39258 — Airfreight), in so far as it concerns Air France-KLM;

| 2. | Orders the European Commission to bear its own costs and to pay those of Air France-KLM; |
| --- | --- |

2.

Orders the European Commission to bear its own costs and to pay those of Air France-KLM;

| 3. | Orders the Council of the European Union to bear its own costs. |
| --- | --- |

3.

Orders the Council of the European Union to bear its own costs.

---

(1)  OJ C 95, 26.3.2011.

1

---
§ 173.001 Applicability. Each vessel that is engaged in one of the following activities must comply with the applicable provisions of this part: ( a ) Lifting.
( b ) Training (schoolship).
( c ) Oceanographic research.
( d ) Towing.
Editorial Note on Part 160
Editorial Note: Nomenclature changes to part 160 appear by USCG-2012-0832, 77 FR 59785, 59786, Oct. 1, 2012.

§ 160.073-20 Marking. ( a ) Each link certified by the manufacturer to meet the requirements of this subpart must have a corrosion resistant, waterproof tag attached to it that has the following information on it (the manufacturer must make the appropriate entries in the indicated space): FLOAT-FREE LINK FOR LIFE FLOATS AND BUOYANT APPARATUS Of (*10 or less*) (*11 to 20*) (*21 or more*) persons capacity. Normal breaking strength ____________________. Meets U.S. coast guard Requirements—46 CFR 160.073. Made by: (*name and address*) ______________________________________________ (*Date*) ____________________________
( b ) [Reserved]
AFS-10-259-E

Jul 02 2010

Exemp tion No. 9752A Regul atory Docket No. FAA-2007-27018

Mr. Michael B. Rahm Director of Operations
NJI, Inc. 108 Traders Cross, Suite 200 Okatie, SC 29909

Dear Mr. Rahm:

This letter is to inform you that we have granted y our petition to extend Exemption No. 9752. It explains the basis for our decision, describes i ts effect, and lists the conditions and

limitations.

The Basis for Our Decision

By letter dated April 27, 2010, and supplemental in formation dated May 26, 2010, you petitioned the Federal Aviation Administration (FAA ) on behalf of NJI, Inc. (NJI), for an extension of Exemption No. 9752. That exemption fr om § 135.225(f) of Title 14, Code of Federal Regulations (14 CFR) allows NJI to make ins trument flight rules (IFR) takeoffs from foreign and military airports when the visibility i s less than 1 statute mile or make an instrument approach when the visibility is less tha n 1⁄2 mile.

In your petition, you indicate that there has been no change in the conditions and reasons relative to public interest and safety that were th e basis for granting the original exemption.

The FAA has determined that good cause exists for n ot publishing a summary of the petition in the Federal Register

because the requested extension of the exemption w ould not set a precedent, and any delay in acting on this petition would be detrimental to NJI.2

Our Decision

The FAA has determined that the justification for t he issuance of Exemption No. 9752 remains valid with respect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 40113 and 44701, wh ich the FAA Administrator has delegated to me, I grant your petition, subject to the following conditions and limitations.

Conditions and Limitations

1. Provisions of this exemption apply to Gulfstream IV , V, 450, and 550 aircraft only;

2. Crews utilizing this exemption must have been train ed and qualified to the standards specified under part 121, subparts N and O; and

3. Airports at which NJI intends to utilize the provis ions of this exemption must have had approach procedures developed in accordance wit h U.S. Terminal Instrument Procedures or International Civil Aviation Organiza tion Procedure for Air Navigation Services-Aircraft Operations criteria.

The Effect of Our Decision

Our decision extends the termination date of Exempt ion No. 9752 to September 30, 2012, unless sooner superseded or rescinded.

All conditions and limitations of Exemption No. 975 2 remain the same. This letter must be attached to, and is a part of, Exemption No. 9752.

Sincerely,

/s/

John W. McGraw Acting Director, Flight Standards

Service
1 

UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, 

 Plaintiff, Case No. 14-cr-20780 

 Hon. Matthew F. Leitman 

v. 

CURTIS SCOTT, 

 Defendant. 

________________________________________________________________/ 

ORDER DIRECTING GOVERNMENT TO SUPPLEMENT ITS 

RESPONSE (ECF No. 675) TO DEFENDANT’S MOTION TO VACATE, 

SET ASIDE, OR CORRECT HIS SENTENCE (ECF No. 663) 

 On March 9, 2016, a jury convicted Defendant Curtis Scott of aiding and 

abetting a carjacking, aiding and abetting the discharge of a gun in furtherance of a 

carjacking, and making false statements to a federal law enforcement officer. (See 

Verdict Form, ECF No. 92.) The Court sentenced Scott to a term of 180 months in 

custody. (See Judgment, ECF No. 585, PageID.5660.) 

 On September 10, 2021, Scott filed a motion to vacate his convictions and 

sentence and for a new trial pursuant to 28 U.S.C. § 2255. (See Mot., ECF No. 663.) 

The Government opposes Scott’s motion. (See Gvt. Resp., ECF No. 675.) The 

Government contends that “[c]laims raised on direct appeal and resolved adversely 

to [a] petitioner should be deemed unreviewable under § 2255 as previously 

litigated,” and it insists that “Scott’s motion is a laundry list of issues he raised 

Case 2:14-cr-20780-MFL-DRG ECF No. 676, PageID.6289 Filed 10/20/21 Page 1 of 3
2 

[unsuccessfully] both in his motion for a new trial before this Court, and in his appeal 

to the Sixth Circuit.” (Id., PageID.6286.) However, the Government has not 

specifically identified any of Scott’s arguments that he previously raised or that this 

Court or the Sixth Circuit previously rejected. 

 The Court would be substantially aided by a supplemental submission from 

the Government that (1) identifies all of the arguments in Scott’s current Section 

2255 motion that he previously raised and (2) identifies where in the record either 

this Court or the Sixth Circuit rejected those arguments. The supplement can take 

the form of completing the following chart: 

SCOTT ARGUMENT WHERE IN RECORD 

RAISED BEFORE 

(Docket number and 

PageID) 

WHERE IN RECORD 

REJECTED 

(Docket number and 

PageID) 

 

 The Government shall file this supplement with the Court by no later than 

December 6, 2021. 

 IT IS SO ORDERED.

 s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: October 20, 2021 

Case 2:14-cr-20780-MFL-DRG ECF No. 676, PageID.6290 Filed 10/20/21 Page 2 of 3
3 

I hereby certify that a copy of the foregoing document was served upon the 

parties and/or counsel of record on October 20, 2021, by electronic means and/or 

ordinary mail. 

 s/Holly A. Monda 

 Case Manager 

 (810) 341-9761 

Case 2:14-cr-20780-MFL-DRG ECF No. 676, PageID.6291 Filed 10/20/21 Page 3 of 3
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

United States of America, 

 Plaintiff, 

 Criminal No. 14-mj-30216 

v. 

 

GAVIN IRA AWERBUCH, 

 Defendant. 

MOTION AND ORDER TO UNSEAL THE COMPLAINT 

AND ARREST WARRANT 

The United States of America requests the court to unseal the complaint, 

warrant of arrest, and all attendant papers for the following reasons: 

1. That the defendant has been arrested on the complaint by law enforcement 

officers. 

2. That the United States is no longer apprehensive that the defendant may flee 

prior to appearance on the complaint. 

 Respectfully submitted, 

 BARBARA L. MCQUADE 

 United States Attorney 

 s/JOHN K. NEAL

 Assistant United States Attorney 

 211 W. Fort Street, Suite 2001 

 Detroit, MI 48226 

 John.neal@usdoj.gov 

 (313) 226-9644 

 

2:14-mj-30216-DUTY Doc # 4 Filed 05/06/14 Pg 1 of 2 Pg ID 42
 

IT IS SO ORDERED. 

 

 s/David R. Grand 

 David R. Grand 

 United States Magistrate Judge 

Entered:5/6/14 

2:14-mj-30216-DUTY Doc # 4 Filed 05/06/14 Pg 2 of 2 Pg ID 43
UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

UNITED STATES OF AMERICA, Criminal Case No. 14-CR-20445 

Plaintiff, HON. JOHN CORBETT O’MEARA 

v. 

D-1 TERRY TACKETT, 

D-2 KIMBERLY TACKETT, 

D-3 JESSICA TACKETT, 

 

Defendants. 

_______________________________/ 

PROTECTIVE ORDER REGARDING 

PRODUCTION OF BANKING, TAX AND ACCOUNTING RECORDS 

The parties having filed a joint motion pursuant to Rule 16(d)(1) of the 

Federal Rules of Criminal Procedure for entry of a Protective Order, and the Court 

having considered the motion and supporting brief; 

IT IS HEREBY ORDERED that the government shall produce unredacted 

copies of tax returns, tax payer information, tax records, accounting records and 

banking records to defendants through their counsel of record in this proceeding. 

IT IS FURTHER ORDERED that the subject tax returns, tax payer 

information, tax records, accounting records and banking records shall only be 

disclosed to and reviewed by the Defendants, their respective counsel of record, 

5:14-cr-20445-JCO-PJK Doc # 27 Filed 03/26/15 Pg 1 of 2 Pg ID 87
investigators and experts retained by defense counsel and defense counsel=s 

support staff. No person shall provide or disseminate those materials or the 

information contained in those materials to any party not specifically described in 

this Order. Any unauthorized disclosure may constitute a violation of this Court’s 

Order. 

IT IS FURTHER ORDERED that any filings that include or refer to any of 

the subject tax returns, tax payer information, tax records, accounting records or 

banking records, which filings contain social security numbers, tax identification 

numbers, dates of birth, the names of individuals known to be minors, financial 

accounts or home addresses of parties or non-parties, shall be filed in compliance 

with Rule 49.1 of the Federal Rules of Criminal Procedure and the Electronic 

Filing Policies and Procedures of the United States District Court for the Eastern 

District of Michigan. 

IT IS FURTHER ORDERED that, subject to the motion cutoff date set by 

this Court, the defendant shall have the right to file a motion seeking to modify the 

terms of this Order at any time. 

Date: March 26, 2015 s/John Corbett O’Meara 

 United States District Judge 

 I hereby certify that a copy of this order was served upon counsel of record on this date, 

March 26, 2015, using the Court’s ECF system. 

 s/William Barkholz 

 Case Manager

5:14-cr-20445-JCO-PJK Doc # 27 Filed 03/26/15 Pg 2 of 2 Pg ID 88
<PAGE>
 
                                                                    EXHIBIT 23



                        CONSENT OF INDEPENDENT AUDITORS


We consent to the incorporation by reference in the Registration Statement (Form
S-8 No. 333-11249) pertaining to the First USA Paymentech, Inc. Retirement
Savings Plan, the Registration Statement (Form S-8 No. 333-06979) pertaining to
the First USA, Inc. Deferred Compensation Plan, the Registration Statement (Form
S-8 No. 333-02786) pertaining to the First USA Paymentech, Inc. Amended and
Restated 1996 Stock Option Plan and the First USA Paymentech, Inc. Amended and
Restated 1996 Restricted Stock Plan, the Registration Statement (Form S-8 No.
333-17645) pertaining to the Employee Stock Purchase Plan of First USA
Paymentech, Inc., the Registration Statement (Form S-4 No. 333-24859) and
related Prospectus of First USA Paymentech, Inc. for the registration of
4,000,000 shares of its common stock, and the Registration Statement (Form S-3
No. 333-32697) and related Prospectus of First USA Paymentech, Inc. for the
registration of 360,000 shares of its common stock of our report dated September
23, 1997, with respect to the consolidated financial statements of First USA
Paymentech, Inc. included in the Annual Report (Form 10K) for the year ended
June 30, 1997.




                                        /s/ ERNST & YOUNG LLP

Dallas, Texas
September 23, 1997
# C_2012025EN.01007201.xml

| 28.1.2012 | EN | Official Journal of the European Union | C 25/72 |
| --- | --- | --- | --- |

28.1.2012

EN

Official Journal of the European Union

C 25/72

---

Action brought on 14 November 2011 — ZZ v Commission

(Case F-120/11)

(2012/C 25/139)

Language of the case: French

Parties

Applicant: ZZ (represented by: S. Orlandi, A. Coolen, J.-N. Louis, É. Marchal and D. Abreu Caldas, lawyers)

Defendant: European Commission

Subject-matter and description of the proceedings

Annulment of the decision appointing the new director of Directorate A ‘Civil Justice’ of DG JUST and of the decision rejecting the applicant's candidature for that post.

Form of order sought

| — | Annul the decision rejecting the applicant's candidature for the post of director of Directorate A ‘Civil Justice’ of the Directorate-General for Justice (‘DG JUST/A’) and the decision to appoint another person to that post; |
| --- | --- |

—

Annul the decision rejecting the applicant's candidature for the post of director of Directorate A ‘Civil Justice’ of the Directorate-General for Justice (‘DG JUST/A’) and the decision to appoint another person to that post;

| — | order the Commission to pay the costs. |
| --- | --- |

—

order the Commission to pay the costs.

---
----

Press release
**Remarks**

Chairman Ben S. Bernanke

Governor Susan Schmidt Bies

Senior Associate Director Roger T. Cole

Cover memorandum from Governor Olson

Printable version (14 KB PDF)

Board memorandum

Printable version (156 KB PDF)

Draft Basel II NPR

Printable version (2,346 KB PDF)

September 5, 2006

 Basel II Capital Accord

----

HomeBanking information and regulationAccessibilityContact us
###### Editorial Note on Part 164

#### Editorial Note:

Nomenclature changes to part 164 appear by USCG-2012-0832, 77 FR 59787, Oct. 1, 2012.

#### § 164.012-16 Alternative materials.

Products approved under approval series 164.112 may be used where products approved under this subpart are required.

[USCG-2012-0196, 81 FR 48280, July 22, 2016]
**EXHIBIT 32.1**

 

**Section1350 Certification**

 

Pursuant to 18 U.S.C. § 1350, as created bySection 906 of the Sarbanes-Oxley Act of 2002, the undersigned officer ofNextera Enterprises, Inc. (the “Company”) hereby certifies, to suchofficer’s knowledge, that:

 

(i)  theaccompanying Quarterly Report on Form 10-Q of the Company for the quarterlyperiod ended September 30, 2007 (the “Report”) fully complies with therequirements of Section 13(a) or Section 15(d), as applicable, of theSecurities Act of 1934, as amended; and

 

(ii)  theinformation contained in the Report fairly represents, in all materialrespects, the financial condition and results of operations of the Company.

 

 
| Date:  November 14, 2007 |                            |
|--------------------------|---------------------------------|
|                     |                            |
|                     | By:   /s/ Joseph J. Millin |   |
|                     | President                       |
|                     | (Principal  Executive Officer)  |

 

 

The foregoing certification is being furnished solelyto accompany the Report pursuant to 18 U.S.C. § 1350, and is not beingfiled for purposes of Section 18 of the Securities Exchange Act of 1934, asamended, and is not to be incorporated by reference into any filing of theCompany, whether made before or after the date hereof, regardless of anygeneral incorporation language in such filing.

 

----
#### § 167.40-30 Guards and rails.

On nautical school ships all exposed and dangerous places, such as gears and machinery shall be properly protected with covers, guards, or rails, in order that the danger of accidents may be minimized. On nautical school ships equipped with radio (wireless) the lead-ins shall be efficiently incased or insulated to insure the protection of persons from accidental shock. Such lead-ins shall be located so as not to interfere with the launching of lifeboats and life rafts.
<TABLE> <S> <C>

<ARTICLE> 9
<MULTIPLIER>  1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-1999
<PERIOD-END>                               SEP-30-1999
<CASH>                                            710
<INT-BEARING-DEPOSITS>                            164
<FED-FUNDS-SOLD>                                    0
<TRADING-ASSETS>                                    0
<INVESTMENTS-HELD-FOR-SALE>                       743
<INVESTMENTS-CARRYING>                          2,125
<INVESTMENTS-MARKET>                            2,115
<LOANS>                                        23,030
<ALLOWANCE>                                       174
<TOTAL-ASSETS>                                 27,365
<DEPOSITS>                                     22,682
<SHORT-TERM>                                    1,800
<LIABILITIES-OTHER>                               142
<LONG-TERM>                                         0
<COMMON>                                            1
<PREFERRED-MANDATORY>                               0
<PREFERRED>                                         0
<OTHER-SE>                                      2,740
<TOTAL-LIABILITIES-AND-EQUITY>                 27,365
<INTEREST-LOAN>                                 1,249
<INTEREST-INVEST>                                  77
<INTEREST-OTHER>                                   70
<INTEREST-TOTAL>                                1,396
<INTEREST-DEPOSIT>                                764
<INTEREST-EXPENSE>                                774
<INTEREST-INCOME-NET>                             622
<LOAN-LOSSES>                                      18
<SECURITIES-GAINS>                                  0
<EXPENSE-OTHER>                                   448
<INCOME-PRETAX>                                   201
<INCOME-PRE-EXTRAORDINARY>                        130
<EXTRAORDINARY>                                     0
<CHANGES>                                           0
<NET-INCOME>                                      130
<EPS-BASIC>                                     .96
<EPS-DILUTED>                                     .96
<YIELD-ACTUAL>                                   3.12
<LOANS-NON>                                        30
<LOANS-PAST>                                       31
<LOANS-TROUBLED>                                    0
<LOANS-PROBLEM>                                    30
<ALLOWANCE-OPEN>                                  169
<CHARGE-OFFS>                                      15
<RECOVERIES>                                        2
<ALLOWANCE-CLOSE>                                 174
<ALLOWANCE-DOMESTIC>                                0
<ALLOWANCE-FOREIGN>                                 0
<ALLOWANCE-UNALLOCATED>                           174


</TABLE>
# Fourth Court of Appeals

**San Antonio, Texas**

February 13, 2015

No. 04

- 15

- 00065

- CR

IN RE Robert MARTINEZ

Original Mandamus Proceeding 1

ORDER

Sitting: Sandee Bryan Marion, Chief Justice

Karen Angelini, Justice

Marialyn Barnard, Justice

On February 10, 2015 , relator filed a petition for writ of mandamus. This court has

determined that we do not have ju risdiction to grant the requested relief

. The petition is

DISMISSED FOR LACK OF JURISDICTION. Relator’s request for leave to file the petition for

writ of mandamus is DENIED AS MOOT. The court’s opinion will issue at a later date.

It is so ORDERED on February 13, 2015

.



### PER CURIA M

ATTESTED TO:

____________________________ Keith E. Hottle

Clerk of Court

1 This proceeding arises out of Cause No. 2013CR4546, styled The State of Texas v. Robert Martinez , pending in the

186th Judicial District Court, Bexar County

.
1:14-cv-14606-TLL-PTM Doc # 1 Filed 12/05/14 Pg 1 of 17 Pg ID 1
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