alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2012227EN.01002101.xml

| 28.7.2012 | EN | Official Journal of the European Union | C 227/21 |
| --- | --- | --- | --- |

28.7.2012

EN

Official Journal of the European Union

C 227/21

---

Order of the General Court of 18 June 2012 — Transports Schiocchet — Excursions v Council and Commission

(Case T-203/11) (1)

1

(Non-contractual liability - Coach and bus services between Member States - Regulation (EEC) No 684/92 - Sufficiently serious breach of a rule of law conferring rights on individuals - Lack - Action manifestly lacking any foundation in law)

2012/C 227/34

Language of the case: French

Parties

Parties

Applicant: Transports Schiocchet — Excursions (Beuvillers, France) (represented by: É. Deshoulières, lawyer)

Applicant:

Defendants: Council of the European Union (represented by: E. Karlsson and E. Dumitriu-Segnana, Agents) and European Commission (represented by: G. Rozet and N. Yerrell, Agents)

Defendants:

Re:

Re:

Application for compensation for the damage purportedly suffered by the applicant by reason of the application of the system laid down in Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus (OJ 1992 L 74, p. 1).

Operative part of the order

Operative part of the order

| 1. | The action is dismissed as manifestly lacking any foundation in law. |
| --- | --- |

1.

The action is dismissed as manifestly lacking any foundation in law.

| 2. | Transports Schiocchet — Excursions shall bear its own costs. |
| --- | --- |

2.

Transports Schiocchet — Excursions shall bear its own costs.

---

(1)  OJ C 186, 25.6.2011.

1

---
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.

§ 153.1065 Sodium chlorate solutions. ( a ) No person may load sodium chlorate solutions into a containment system that previously carried another cargo unless the containment system is thoroughly washed before loading.
( b ) The person in charge of cargo transfer shall make sure that spills of sodium chlorate solutions are immediately washed away.
[CGD 81-078, 50 FR 21174, May 22, 1985]
SUPREME COURT.

#### David H. Wallace *et*al., respondents, agt. The American Linen Thread Company, appellant.

An order denying a motion for commission to take testimony of a foreign witness is appealable, because it affects a substantial right.

An order granting a commission is not appealable, because it cannot affect prejudicially a substantial right.

Appeal from order of Special Term denying motion for commission.

E. F. Bullard *for appellant.*

John Cochran *for respondent.*

*By the Court,*Davis, J.

We are of opinion that an order denying a motion commission to take testimony of a foreign witness is appealable. Such an order affects a substantial right. The denial of the application may prevent the party from establishing his case or defense by depriving him of the only means of getting his evidence before the court. We have held, at the present term, that an order granting a commission is not appealable, but the distinction is obvious. The granting of a commission cannot affect prejudicially a substantial right, because no party can be said to have such a right to prevent his antagonist from obtaining, in the orderly forms of law, the testimony of witnesses whom he is unable to produce personally upon a trial.

In this case the court denied the motion on the ground that the testimony sought was irrelevant. If it were clearly so, the discretion of the court would have been properly exercised. But we are of opinion that the testimony would not *404be wholly irrelevant. It might be important on the question of damages, and its admissibility for other purposes may depend upon circumstances arising in the course of the trial. The discretion of the court is a judicial one, and is liable to be reviewed.

The order should be reversed, with ten dollars costs of the appeal and disbursements therein, and the order for commission granted.

Daniels and Donohue, JJ., concurred.
§ 169.654 Bilge pumps. ( a ) Vessels of less than 65 feet in length must have a portable hand bilge pump having a maximum capacity of 5 gpm.
( b ) In addition to the requirements of paragraph (a) of this section, vessels of 26 feet but less than 40 feet in length must have a fixed hand bilge pump or fixed power bilge pump having a minimum capacity of 10 gpm. If a fixed hand pump is installed, it must be operable from on deck.
( c ) In addition to the requirements of paragraph (a) of this section, vessels of 40 feet but less than 65 feet must have a fixed power bilge pump having a minimum capacity of 25 gpm.
( d ) Vessels of 65 feet in length but less than 120 feet and under 100 gross tons must have two fixed power bilge pumps having a combined minimum capacity of 50 gpm.
( e ) Vessels of 120 feet or greater and vessels of 100 gross tons and over must have two fixed power pumps meeting the capacity requirements of § 56.50-55(c) of this chapter.
( f ) Each power driven bilge must be self priming.
( g ) Each fixed bilge pump required by this section must be permanently connected to the bilge main.
( h ) Bilge pumps may also be connected to the firemain provided that the bilge system and firemain system may be operated simultaneously.
###### Editorial Note on Part 160

#### Editorial Note:

Nomenclature changes to part 160 appear by USCG-2012-0832, 77 FR 59785, 59786, Oct. 1, 2012.

#### § 160.156-3 Definitions.

In addition to the definitions in the IMO LSA Code (incorporated by reference, see § 160.156-5 of this subpart), in this subpart, the term:

*Commandant* means the Chief of the Lifesaving and Fire Safety Standards Division. Address: Commandant (CG-ENG-4), Attn: Lifesaving and Fire Safety Division, U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7509; telephone 202-372-1392 or fax 202-372-1924.

*Full load* means the weight of the complete rescue boat, including all required equipment, provisions, fuel, and the number of persons for which it is approved. This is also known as the condition “B” weight.

*Independent laboratory* has the same meaning as 46 CFR 159.001-3. A list of accepted independent laboratories is available from the Commandant and online at *http://cgmix.uscg.mil.*

*Light load* means the weight of the complete rescue boat empty and does not include fuel, required equipment, or the equivalent weight of persons. This is also known as the condition “A” weight.

*Officer in Charge, Marine Inspection (OCMI)* means an officer of the Coast Guard designated as such by the Commandant and who fulfills the duties described in 46 CFR 1.01-15(b). The “cognizant OCMI” is the OCMI who has immediate jurisdiction over a vessel or geographic area for the purpose of performing the duties previously described.

*SOLAS* means the International Convention for the Safety of Life at Sea, 1974, as amended.

[USCG-2010-0048, 76 FR 62999, Oct. 11, 2011, as amended by USCG-2013-0671, 78 FR 60159, Sept. 30, 2013]
### IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 16

- 41241 Summary Calendar

UNITED STATES OF AMERICA,
Plaintiff-Appellee

v.
LUCAS HILL , Defendant-Appellant

Appeal from the United States District Court for the Eastern District of Texas USDC No. 4:15 -CR- 135 -1

Before DAVIS, SOUTHWICK, and HIGGINSON, Circuit Judges. PER CURIAM: * The attorney appointed to represent Lucas Hill has moved for leave to withdraw and has filed a brief in accordance with Anders v. California , 386 U.S. 738 (1967), and United States v. Flores , 632 F.3d 229 (5th Cir. 2011). Hill
ha s not filed a response. We have reviewed counsel’s brief and the relevant portions of the record reflected therein. We concur with counsel’s assessment that the appeal presents no nonfrivolous issue for appellate review.

* Pursuant to 5 TH C IR

. R. 47.5 , the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR

. R. 47.5.4. United States Court of Appeals Fifth Circuit 

### FILED May 26, 2017 Lyle W. Cayce Clerk Case: 16-41241 Document: 00514009526 Page: 1 Date Filed: 05/26/2017No. 16- 41241

2 Accordingly, counsel’s motion for leave to withdraw is GRANTED, counsel is excused from further responsibilities herein, and the APPEAL IS DISMISSED. See 5 TH C IR

. R. 42.2. Case: 16-41241 Document: 00514009526 Page: 2 Date Filed: 05/26/2017
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Editorial Note on Part 161
Editorial Note: Nomenclature changes to part 161 appear by USCG-2009-0702, 74 FR 49238, Sept. 25, 2009, and USCG-2012-0832, 77 FR 59787, Oct. 1, 2012.

§ 161.013-1 Applicability. ( a ) This subpart establishes standards for electric distress lights for boats.
( b ) [Reserved]
§ 16.500 Management Information System requirements. ( a ) *Data collection.* ( 1 ) All marine employers must submit drug testing program data required by 49 CFR 40.26 and appendix H to 49 CFR part 40.
( 2 ) The provisions in 49 CFR part 40 for alcohol testing do not apply to the Coast Guard or to marine employers, and alcohol testing data is not required or permitted to be submitted by this section.
( b ) *Data reporting.* ( 1 ) By March 15 of the year following the collection of the data in paragraph (a) of this section, marine employers must submit the data on the form titled U.S. Department of Transportation Drug and Alcohol Testing MIS Data Collection Form (OMB Number: 2105-0529) by mail to Commandant (CG-INV), Attn: Office of Investigations and Casualty Analysis, U.S. Coast Guard Stop 7501, 2703 Martin Luther King Jr. Avenue SE., Washington, DC 20593-7501 or by Internet at *https://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/Inspections-Compliance-CG-5PC-/Office-of-Investigations-Casualty-Analysis/DAPI-Program-Main-Page/ .*
( 2 ) The DOT Drug and Alcohol Testing MIS form can be downloaded and printed from *https://www.dco.uscg.mil/Our-Organization/Assistant-Commandant-for-Prevention-Policy-CG-5P/Inspections-Compliance-CG-5PC-/Office-of-Investigations-Casualty-Analysis/DAPI-Program-Main-Page/* or may be obtained from any Sector Office.
( 3 ) A consortium or other employer representative may submit data for a marine employer. Reports may contain data for more than one marine employer. Each report, however, must list the marine employers included in the report.
( 4 ) Marine employers must ensure that data submitted by a consortium or other employer representative under paragraph (b)(3) of this section is correct.
( c ) After filing 3 consecutive annual MIS reports since January 1, 1996, required by paragraph (b) of this section, marine employers with 10 or fewer covered employees may stop filing the annual report each succeeding year during which they have no more than 10 covered employees.
[USCG-1998-4469, 64 FR 22559, Apr. 27, 1999; 64 FR 31989, June 15, 1999, as amended by USCG-2003-16414, 69 FR 6578, Feb. 11, 2004; USCG-2006-25556, 72 FR 36330, July 2, 2007; USCG-2009-0702, 74 FR 49225, Sept. 25, 2009; USCG-2013-0671, 78 FR 60145, Sept. 30, 2013; USCG-2020-0304, 85 FR 58281, Sept. 18, 2020]
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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

MORRIS WEATHERSPOON, 

 Plaintiff, Case No. 14-cv-12789 

 Hon. Matthew F. Leitman 

v. 

GEORGE LNU, et al., 

 Defendants. 

_________________________________/ 

ORDER GRANTING PLAINTIFF’S MOTION FOR EXTENSION OF 

TIME TO FILE OBJECTIONS TO THE MAGISTRATE JUDGE’S 

REPORT AND RECOMMENDATION (ECF #128)

 On July 19, 2016, the assigned Magistrate Judge issued a Report and 

Recommendation (the “R&R”) recommending that the Court grant summary 

judgment in favor of Defendants Susan George and Tamara Scheppelman. (See

ECF #127.) On July 29, 2016, Plaintiff Morris Weatherspoon (“Weatherspoon”) 

filed a Motion requesting a 30-day extension of time from August 5, 2016 to file 

objections to the R&R (the “Motion”). (See ECF #128.) The Court believes 

Weatherspoon’s request to be appropriate. 

2:14-cv-12789-MFL-DRG Doc # 129 Filed 08/09/16 Pg 1 of 2 Pg ID 857
 Accordingly, IT IS HEREBY ORDERED that the Motion is GRANTED

as follows: Weatherspoon shall file any objections that he may have to the R&R 

by Tuesday, September 6, 2016.1

 

s/Matthew F. Leitman 

 MATTHEW F. LEITMAN 

 UNITED STATES DISTRICT JUDGE 

Dated: August 9, 2016 

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

and/or counsel of record on August 9, 2016, by electronic means and/or ordinary 

mail. 

 s/Holly A. Monda 

 Case Manager 

 (313) 234-5113 

                                                            

1

 30 days from August 4, 2016 is September 4, 2016 – a Sunday. Monday, 

September 5, 2016, is Labor Day. The Court therefore grants Weatherspoon a 32-

day extension to file any objections he may have to the Report and 

Recommendation. 

2:14-cv-12789-MFL-DRG Doc # 129 Filed 08/09/16 Pg 2 of 2 Pg ID 858
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 15-7352

UNITED STATES OF AMERICA, 

Petitioner - Appellee, 

v. 

GARY DEBENEDETTO, 

Respondent - Appellant. 

Appeal from the United States District Court for the Eastern 

District of North Carolina, at Raleigh. W. Earl Britt, Senior 

District Judge. (5:14-hc-02172-BR) 

Submitted: December 15, 2015 Decided: December 18, 2015

Before GREGORY and FLOYD, Circuit Judges, and DAVIS, Senior 

Circuit Judge. 

Dismissed by unpublished per curiam opinion. 

Gary Debenedetto, Appellant Pro Se. Jennifer Dee Dannels, FMC 

BUTNER FEDERAL MEDICAL CENTER, Butner, North Carolina, 

Jennifer P. May-Parker, Assistant United States Attorney, Thomas 

Gray Walker, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, 

North Carolina, for Appellee. 

Unpublished opinions are not binding precedent in this circuit. 
2

PER CURIAM: 

Gary Debenedetto seeks to appeal the district court’s order 

civilly committing him to the care and custody of the Attorney 

General under 18 U.S.C. § 4246 (2012). We dismiss the appeal 

for lack of jurisdiction because the notice of appeal was not 

timely filed. 

When the United States or its officer or agency is a party, 

the notice of appeal must be filed no more than 60 days after 

the entry of the district court’s final judgment or order, 

Fed. R. App. P. 4(a)(1)(B), unless the district court extends 

the appeal period under Fed. R. App. P. 4(a)(5), or reopens the 

appeal period under Fed. R. App. P. 4(a)(6). “[T]he timely 

filing of a notice of appeal in a civil case is a jurisdictional 

requirement.” Bowles v. Russell, 551 U.S. 205, 214 (2007); 

see 18 U.S.C. §§ 4241-47 (2012) (setting forth procedures for 

involuntary civil commitment of federal detainees). 

The district court’s order was entered on the docket on 

November 6, 2014. The notice of appeal was filed on August 20, 

2015.* Because Debenedetto failed to file a timely notice of 

appeal or to obtain an extension or reopening of the appeal 

 * For the purpose of this appeal, we assume that the date 

appearing on the notice of appeal is the earliest date it could 

have been properly delivered to prison officials for mailing to 

the court. Fed. R. App. P. 4(c); Houston v. Lack, 487 U.S. 266, 

276 (1988). 
3

period, we dismiss the appeal. We deny Debenedetto’s motion for 

bail or release pending appeal and petition for a writ of 

mandamus and dispense with oral argument because the facts and 

legal contentions are adequately presented in the materials 

before this court and argument would not aid the decisional 

process. 

DISMISSED
§ 159.007-5 Production inspections and tests: Application for acceptance. ( a ) If the applicable subpart requires production inspections and tests by an independent laboratory, the manufacturer must select a laboratory and submit an application for acceptance that meets § 159.010-5(a) unless the laboratory— ( 1 ) Is listed in the subpart; or
( 2 ) Is accepted by the Commandant for approval inspections and tests of the equipment or material under § 159.005-7(a)(1).
( b ) If the manufacturer wants to follow the laboratory's procedures for production inspections and tests instead of meeting the Coast Guard procedures under this subchapter, the application must contain a description of those procedures.
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.

§ 153.1132 Reporting spills and non-complying discharges: Category A, B, C, and D. The following shall be reported following the procedures applying to oil in 33 CFR 151.15 (c), (d), (g), (h): ( a ) All discharges of the NLS that do not meet the requirements of this part.
( b ) All spills into the water.
<PAGE>   1
                                                                    EXHIBIT 21.1


                            HORSESHOE GAMING, L.L.C.
                         SUBSIDIARIES OF THE REGISTRANT
                             AS OF DECEMBER 31, 1997


SUBSIDIARY                                            STATE OF INCORPORATION

Horseshoe GP, Inc. (1)                                Nevada
  New Gaming Capital Partnership (2)                  Nevada
    Horseshoe Entertainment L.P.                      Louisiana
      Bossier City Land Corporation (3)               Louisiana
  Robinson Property Group, Limited Partnership        Mississippi
Horseshoe Ventures (4)                                Nevada
Red Oak Insurance Company Ltd. (5)                    Barbados



(1)      100% owned by Horseshoe Gaming, L.L.C. and is the 1% General Partner of
         both New Gaming Capital Partnership and Robinson Property Group Limited
         Partnership.

(2)      New Gaming Capital Partnership is the 89% General Partner and a 2.92%
         Limited Partner of Horseshoe Entertainment L.P.

(3)      Bossier City Land Corporation is 100% owned by Horseshoe Entertainment.

(4)      Horseshoe Ventures is owned 50% by Horseshoe Gaming, L.L.C.

(5)      Red Oak Insurance Company Ltd is owned 100% by Horseshoe Gaming, L.L.C.
# C_2008029EN.01001801.xml

| 1.2.2008 | EN | Official Journal of the European Union | C 29/18 |
| --- | --- | --- | --- |

1.2.2008

EN

Official Journal of the European Union

C 29/18

---

Notice concerning a request in accordance with Article 30 of Directive 2004/17/EC of the European Parliament and of the Council

Request from a Member State

(2008/C 29/10)

On 17 January 2008, the Commission received a request under Article 30(4) of Directive 2004/17/EC of the European Parliament and of the Council (1). The first working day after receipt of the request was 18 January 2008.

1

The request, made by Italy, concerns national and international express courier services in that country. Article 30 provides that the Directive does not apply where the activity in question is directly exposed to competition on markets to which access is not limited. This is to be assessed solely for the purposes of the Directive, without prejudice to the application of competition rules.

The Commission is allowed a period of three months from the working day referred to above to take a decision on this request. This period therefore expires on 18 April 2008.

The provisions of the third subparagraph of the abovementioned paragraph 4 are applicable. Consequently, the period allowed to the Commission may be extended by one month. Any such extension must be published.

---

(1)  OJ L 134, 30.4.2004, p. 1. Directive as amended by Commission Regulation (EC) No 1874/2004 (OJ L 326, 29.10.2004, p. 17).

1

---
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Specimen Award Notification



 Exhibit 10.3 
  
 

 
  
 2004 Annual Bonus Payout

  
 The Compensation Committee of the Board of Directors evaluated ICG’s
performance against the goals established in the 2004 Bonus Plan and declared a bonus level of         %. 
  
 Based on the Board’s evaluation and your service during 2004, your 2004 total bonus will be
$             or         % of your annual target bonus which will be paid on
                    .
Editorial Note on Part 154
Editorial Note: Nomenclature changes to part 154 appear part 154 appear by CGD-95-072, 60 FR 50466, 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 59785, Oct. 1, 2012.

§ 154.470 General. ( a ) A cargo tank must have a support system that: ( 1 ) prevents movement of the cargo tank under the static and dynamic loads in § 154.406; and
( 2 ) allows the cargo tank to contract and expand from temperature variation and hull deflection without exceeding the design stress of the cargo tank and the hull.
( b ) The cargo tank support system must have a key that prevents rotation of the cargo tank.
( c ) An independent tank must have supports with an antifloatation system that withstands the upward force of the tank without causing plastic deformation that endangers the hull structure when the tank is: ( 1 ) Empty; and
( 2 ) In a hold space flooded to the summer load draft of the vessel.
[CGD 74-289, 44 FR 26009, May 3, 1979, as amended by USCG-2014-0688, 79 FR 58285, Sept. 29, 2014]