alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2013359EN.01000901.xml

| 7.12.2013 | EN | Official Journal of the European Union | C 359/9 |
| --- | --- | --- | --- |

7.12.2013

EN

Official Journal of the European Union

C 359/9

---

Judgment of the General Court of 23 October 2013 — Dimian v OHIM — Bayer Design Fritz Bayer (Baby Bambolina)

(Case T-581/11) (1)

1

(Community trade mark - Invalidity proceedings - Figurative Community trade mark Baby Bambolina - Earlier unregistered national trade mark Bambolina - Relative ground for refusal - No use in trade of a sign of more than mere local significance - Article 8(4) and Article 53(1)(c) of Regulation (EC) No 207/2009)

2013/C 359/14

Language of the case: English

Parties

Parties

Applicant: Dimian AG (Nuremberg, Germany) (represented by: P. Pozzi and G. Ghisletti, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: P. Bullock, acting as Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Bayer Design Fritz Bayer GmbH & Co. KG (Michelau, Germany) (represented by: J. Pröll, lawyer)

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court:

Re:

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 3 August 2011 (Case R 1822/2010-2), relating to invalidity proceedings between Dimian AG and Bayer Design Fritz Bayer GmbH & Co. KG

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Dimian AG to pay the costs. |
| --- | --- |

2.

Orders Dimian AG to pay the costs.

---

(1)  OJ C 25, 28.1.2013.

1

---
# C_2014102EN.01004402.xml

| 7.4.2014 | EN | Official Journal of the European Union | C 102/44 |
| --- | --- | --- | --- |

7.4.2014

EN

Official Journal of the European Union

C 102/44

---

Order of the Civil Service Tribunal (Third Chamber) of 25 February 2014 — Marcuccio v Commission

(Case F-118/11) (1)

1

((Civil service - Officials - Decision by the appointing authority to retire an official and to grant an invalidity allowance - Decision not addressing the occupational origin of the disease which justified retirement - Obligation on the appointing authority to recognise the occupational origin of the disease - Article 78, fifth paragraph, of the Staff Regulations - Need to convene a new invalidity committee - Relevance of an earlier decision adopted under Article 73 of the Staff Regulations - Article 76 of the Rules of Procedure - Action in part manifestly inadmissible and in part manifestly unfounded))

2014/C 102/65

Language of the case: Italian

Parties

Parties

Applicant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Applicant:

Defendant: European Commission (represented by: C. Berardis-Kayser and J. Banquero Cruz, Agents, and A. Dal Ferro, lawyer)

Defendant:

Re:

Re:

Application for annulment of the Commission’s implied decision refusing to adopt a decision concerning the occupational origin of the disease suffered by the applicant.

Operative part of the order

Operative part of the order

| 1. | The action is dismissed as being in part manifestly inadmissible and in part manifestly unfounded. |
| --- | --- |

1.

The action is dismissed as being in part manifestly inadmissible and in part manifestly unfounded.

| 2. | Each party is ordered to bear its own costs. |
| --- | --- |

2.

Each party is ordered to bear its own costs.

---

(1)  OJ C 25, 28.1.2012. p. 70.

1

---
UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTICT OF MICHIGAN

SOUTHERN DIVISION

ROMEL DAVIS-HUSSUNG,

Plaintiff, Civil Action No.: 14-14964

Honorable Bernard A. Friedman

v. Magistrate Judge Elizabeth A. Stafford

 

JEFFREY LEWIS, et al., 

Defendants. 

__________________________________/

ORDER DENYING PLAINTIFF’S MOTION TO COMPEL [R. 34]

Plaintiff Romel Davis-Hussung moves to compel certain discovery 

from Defendants in this case, including handbooks, policy directives and 

his own disciplinary records. Defendants respond that they never received 

a discovery request for these items, which appears to be true since DavisHussung’s motion states that he presently “submits a written request for 

these documents.” [R. 34, PgID 202]. 

The Federal Rules of Civil Procedure permit parties to request 

discovery from one another, and to only file a motion with the court to 

compel discovery if the request were not satisfied. Fed. R. Civ. P. 26-37. 

A motion to compel is not timely until a discovery request has been 

tendered in accordance with those rules and that request has either (1) has 

not been responded to despite the passing of the deadline for response; or 

2:14-cv-14964-BAF-EAS Doc # 40 Filed 08/31/15 Pg 1 of 3 Pg ID 236
2

(2) responded to in a way that leads the requesting party to believe the 

response is insufficient. Rule 37. Since it appears that Davis-Hussung has 

not properly requested the discovery at issue from Defendants, his motion

to compel [R. 34] is DENIED as premature. Blasi v. United Debt Servs. 

LLC, 2014 U.S. Dist. LEXIS 122683, at *5-6, 2014 WL 4377806 (S.D. Ohio 

Sept. 3, 2014) (motion to compel premature where request for discovery 

not yet tendered). Davis must tender his discovery request upon 

Defendants themselves, not file his request with the Court. 

IT IS SO ORDERED.

Dated: August 31, 2015 s/Elizabeth A. Stafford

Detroit, Michigan ELIZABETH A. STAFFORD

United States Magistrate Judge

NOTICE TO THE PARTIES REGARDING OBJECTIONS

The parties’ attention is drawn to Fed. R. Civ. P. 72(a), which 

provides a period of fourteen (14) days from the date of receipt of a copy of 

this order within which to file objections for consideration by the district 

judge under 28 U.S. C. §636(b)(1). 

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served 

upon counsel of record and any unrepresented parties via the Court’s ECF 

2:14-cv-14964-BAF-EAS Doc # 40 Filed 08/31/15 Pg 2 of 3 Pg ID 237
3

System to their respective email or First Class U.S. mail addresses 

disclosed on the Notice of Electronic Filing on August 31, 2015.

s/Marlena Williams

MARLENA WILLIAMS

Case Manager

2:14-cv-14964-BAF-EAS Doc # 40 Filed 08/31/15 Pg 3 of 3 Pg ID 238
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 06-1408
BRIDGET TABI BISONG, Petitioner, versus ALBERTO R. GONZALES, United States Attorney General, Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. (A74-674-080) Submitted: October 18, 2006 Decided: November 15, 2006 Before NIEMEYER, TRAXLER, and DUNCAN, Circuit Judges. Petition denied by unpublished per curiam opinion. Randall L. Johnson, JOHNSON AND ASSOCIATES, P.C., Arlington, Virginia, for Petitioner. Peter D. Keisler, Assistant Attorney General, Carol Federighi, Senior Litigation Counsel, Lindsay L. Chichester, OFFICE OF IMMIGRATION LITIGATION, Washington, D.C., for Respondent. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).- 2 - PER CURIAM: Bridget Tabi Bisong, a native and citizen of Cameroon, petitions for review of an order of the Board of Immigration Appeals (Board) denying as untimely her motion to reopen immigration proceedings. We have reviewed the record and the Board’s order and find that the Board did not abuse its discretion in denying the motion to reopen. SeeINS v. Doherty , 502 U.S. 314, 323-24 (1992). Accordingly, we deny the petition for review for the reasons stated by the Board. See In re: Bisong , No. A74-674-080 (B.I.A. Mar. 13, 2006). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

PETITION DENIED
UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION

MARIBETH SCHONBERG and STEVEN E.

SCHONBERG,

Plaintiffs,

-vs- Case No. 5:09-cv-534-Oc-10GRJ

Civil Officer BERNIE SANDERS, Agent of

the U.S. Senator Bernie Sanders Principal

Campaign Committee, a/k/a "Friends of

Bernie Sanders," et al., ,

Defendants.

_____________________________________/

O R D E R

This case is before the Court for consideration of the pro se Plaintiffs’ Emergency

Motion for Recusal and to Withdraw Order (Doc. 7). 

The Plaintiffs contend that Bank of America, N.A., in which the undersigned owns

common stock, has six political action committees which contribute to the re-election

campaigns of several federal legislators, including many if not all of the six legislators who

are defendants in this case. According to the Plaintiffs, although Bank of America is not

a party, these contributions, coupled with the fact that the Court ruled (Doc. 6) on the

Plaintiffs’ emergency motions (Docs. 1, 3-4) on the same day they were filed, constitute a

conflict of interest and appearance of impropriety requiring recusal. Standing alone, absent

an additional claim or showing that the undersigned had either some personal knowledge

or personal involvement in these alleged activities, that assertion is too attenuated to
2

demonstrate a circumstance in which the impartiality of the undersigned “might reasonably

be questioned.” 28 U.S.C. § 455(a). 

The Plaintiffs’ motion also alleges, however, that the Court’s rulings in their litigation

“are likely to have an impact on the share prices of Bank of America.” That claim is not

fully explained and seems to be equally strained; but, since it involves an assertion of a

financial interest - an automatic disqualifier under § 455(b) - the undersigned will, and does

hereby RECUSE himself. The case will be reassigned by the Clerk to another judge of the

Court pursuant to the rules. The Plaintiffs’ motion that the Order of December 3, 2009

(Doc. 6) be withdrawn should be called to the attention of the newly assigned judge.

IT IS SO ORDERED.

DONE and ORDERED at Ocala, Florida this 9th day of December, 2009.

Copies to: Counsel of Record
#### Hubbard Kelsey, *Appellant, v.*Smith Lyon, *Responde*nt.

Order appealed from affirmed on opinion of Daníels, J., at Special Term.
Editorial Note on Part 164
Editorial Note: Nomenclature changes to part 164 appear by USCG-2012-0832, 77 FR 59787, Oct. 1, 2012.

§ 164.111-2 Incorporation by reference. ( a ) Certain material is incorporated by reference into this subpart with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved material is available for inspection at the U.S. Coast Guard, Office of Design and Engineering Standards (CG-ENG), 2703 Martin Luther King Jr. Avenue SE., Stop 7509, Washington, DC 20593-7509, and is available from the sources listed below. It is also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to *http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html*.
( b ) International Maritime Organization (IMO) Publishing, 4 Albert Embankment, London SE1 7SR, United Kingdom, +44 (0)20 7735 7611, *http://www.imo.org*. ( 1 ) 2010 FTP Code, International Code for Application of Fire Test Procedures, 2010 (Resolution MSC.307(88)), 2012 Edition (“FTP Code”), IBR approved for § 164.111-3(a).
( 2 ) [Reserved]
**EXHIBIT 32.2**

 

**CERTIFICATION PURSUANT TO 18 U.S.C.SECTION 1350, AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with theQuarterly Report of Park Place Entertainment Corporation (the “Company”) onForm 10-Q for the quarter ended September 30, 2003, as filed with theSecurities and Exchange Commission (the “Report”), I, Harry C. Hagerty, III,Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. 1350, asadopted pursuant to Section 906 of The Sarbanes-Oxley Act of 2002, that tothe best of my knowledge and belief:

 

(1)                    The Report fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of1934; and

 

(2)                    The information contained in the Reportfairly presents, in all material respects, the financial condition and resultsof operations of the Company.

 

 

Dated the 13th day of November 2003

 

 
| /S/  HARRY C. HAGERTY, III                             |   |   |
|--------------------------------------------------------|--------|--------|
| Harry  C. Hagerty, III                                 |   |
| Executive  Vice President and Chief Financial Officer, |   |
| Park  Place Entertainment Corporation                  |   |

 

----
<TABLE> <S> <C>

<ARTICLE> 5
<LEGEND>
This schedule contains summary financial information extracted from the
Consolidated financial statements of DecisionOne Holdings Corp. and
Subsidiaries as of June 30, 1996 and the year then ended and is qualified
in its entirety by reference to such financial statements.
</LEGEND>
<MULTIPLIER> 1,000
       
<S>                             <C>
<PERIOD-TYPE>                   YEAR
<FISCAL-YEAR-END>                          JUN-30-1996
<PERIOD-START>                             JUL-01-1995
<PERIOD-END>                               JUN-30-1996
<CASH>                                           8,221
<SECURITIES>                                         0
<RECEIVABLES>                                  102,230
<ALLOWANCES>                                     9,580
<INVENTORY>                                     30,130
<CURRENT-ASSETS>                               143,771
<PP&E>                                          55,366
<DEPRECIATION>                                  22,936
<TOTAL-ASSETS>                                 514,510
<CURRENT-LIABILITIES>                          130,849
<BONDS>                                              0
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                           273
<OTHER-SE>                                     180,520
<TOTAL-LIABILITY-AND-EQUITY>                   514,510
<SALES>                                        540,191
<TOTAL-REVENUES>                               540,191
<CGS>                                          402,316
<TOTAL-COSTS>                                  402,316
<OTHER-EXPENSES>                                85,068
<LOSS-PROVISION>                                 3,434
<INTEREST-EXPENSE>                              14,714
<INCOME-PRETAX>                                 34,659
<INCOME-TAX>                                    13,870
<INCOME-CONTINUING>                             20,789
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                  1,927
<CHANGES>                                            0
<NET-INCOME>                                    18,862
<EPS-PRIMARY>                                     0.75
<EPS-DILUTED>                                     0.74
        

</TABLE>
2:15-cv-10083-AC-RSW Doc # 11 Filed 04/08/15 Pg 1 of 12 Pg ID 115
2:15-cv-10083-AC-RSW Doc # 11 Filed 04/08/15 Pg 2 of 12 Pg ID 116
2:15-cv-10083-AC-RSW Doc # 11 Filed 04/08/15 Pg 3 of 12 Pg ID 117
2:15-cv-10083-AC-RSW Doc # 11 Filed 04/08/15 Pg 4 of 12 Pg ID 118
2:15-cv-10083-AC-RSW Doc # 11 Filed 04/08/15 Pg 5 of 12 Pg ID 119
2:15-cv-10083-AC-RSW Doc # 11 Filed 04/08/15 Pg 6 of 12 Pg ID 120
2:15-cv-10083-AC-RSW Doc # 11 Filed 04/08/15 Pg 7 of 12 Pg ID 121
2:15-cv-10083-AC-RSW Doc # 11 Filed 04/08/15 Pg 8 of 12 Pg ID 122
2:15-cv-10083-AC-RSW Doc # 11 Filed 04/08/15 Pg 9 of 12 Pg ID 123
2:15-cv-10083-AC-RSW Doc # 11 Filed 04/08/15 Pg 10 of 12 Pg ID 124
2:15-cv-10083-AC-RSW Doc # 11 Filed 04/08/15 Pg 11 of 12 Pg ID 125
2:15-cv-10083-AC-RSW Doc # 11 Filed 04/08/15 Pg 12 of 12 Pg ID 126
#### § 12.203 Creditable service and equivalents for national and STCW ratings endorsements.

Applicants for endorsements should refer to § 10.232 of this subchapter for information regarding requirements for documentation and proof of sea service.
#### § 185.220 Records of a voyage resulting in a marine casualty.

The owner, agent, master, or person in charge of any vessel involved in a marine casualty for which a report is required under § 185.202 of this part shall retain all voyage records maintained by the vessel, including rough and smooth deck and engine room logs, bell books, navigation charts, navigation work books, compass deviation cards, gyrocompass records, stowage plans, records of draft, aids to mariners, night order books, radiograms sent and received, radio logs, crew and passenger lists and counts, articles of shipment, official logs, and other material that might be of assistance in investigating and determining the cause of the casualty. The owner, agent, master, other officer, or person responsible for the custody thereof, shall make these records available upon request, to a duly authorized investigating officer, administrative law judge, officer or employee of the Coast Guard.

[CGD 85-080, 61 FR 1005, Jan. 10, 1996, as amended by CGD 97-057, 62 FR 51050, Sept. 30, 1997]
Editorial Note on Part 160
Editorial Note: Nomenclature changes to part 160 appear by USCG-2012-0832, 77 FR 59785, 59786, Oct. 1, 2012.

§ 160.151-39 Training of servicing technicians. ( a ) The training program for certification of servicing technicians must include— ( 1 ) Training and practice in packing an inflatable liferaft, repairing buoyancy tubes, repairing inflation-system valves, and other inspections and operations described in the approved servicing manual;
( 2 ) An evaluation at the end of the training to determine whether each trainee has successfully completed the training; and
( 3 ) Issuance of a certificate of competence to each technician who successfully completes the training.
( b ) The manufacturer shall maintain refresher training for recertification of previously trained servicing technicians. This training must include— ( 1 ) Checking the performance of the technicians in the inspections and operations described in the manual;
( 2 ) Retraining of the technicians in inspections and operations for which they are deficient;
( 3 ) Training and practice in new inspections and operations;
( 4 ) An evaluation at the end of the training to determine whether or not each trainee has successfully completed the training; and
( 5 ) Issuance of a certificate of competence to each technician who successfully completes the training.
( c ) Each time the manufacturer holds a course for servicing technicians who will perform servicing on liferafts approved by the Coast Guard, the manufacturer shall notify the cognizant OCMI sufficiently in advance to allow, at the option of the OCMI, for a Coast Guard inspector or inspectors to travel to the site where the training is to occur.
Michigan Supreme Court

Lansing, Michigan

Stephen J. Markman, Chief Justice

Brian K. Zahra

Bridget M. McCormack

David F. Viviano 

Richard H. Bernstein

Kurtis T. Wilder

Elizabeth T. Clement, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 July 3, 2018

d0625

Order 

Clerk

July 3, 2018

155208

PEOPLE OF THE STATE OF MICHIGAN,

Plaintiff-Appellee,

v SC: 155208

COA: 334155 

Wayne CC: 15-004801-FH

JOHN LAWRENCE JAKUBOWSKI,

Defendant-Appellant. 

_________________________________________/

By order of September 12, 2017, the application for leave to appeal the December 

6, 2016 judgment of the Court of Appeals was held in abeyance pending the decision in 

People v Chatman (Docket No. 155184). On order of the Court, leave to appeal having 

been denied in Chatman on March 9, 2018, ___ Mich ___ (2018), the application is again 

considered. It appearing to this Court that the case of People v Ames (Docket No. 

156077) is pending on appeal before this Court and that the decision in that case may 

resolve an issue raised in the present application for leave to appeal, we ORDER that the 

application be held in ABEYANCE pending the decision in that case.
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 00-7015

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

versus

ROLAND DEMINGO QUEEN, a/k/a Mingo,

Defendant - Appellant.

Appeal from the United States District Court for the District of

Maryland, at Baltimore. William M. Nickerson, District Judge.

(CR-95-178-WMN, CA-99-1208-WMN)

Submitted: November 9, 2000 Decided: November 15, 2000

Before WILKINS, WILLIAMS, and MOTZ, Circuit Judges.

Dismissed by unpublished per curiam opinion.

Cheryl D. Stein, Washington, D.C., for Appellant. Andrew George

Warrens Norman, Assistant United States Attorney, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Roland Demingo Queen appeals the district court’s order denying his motion to alter or amend the dismissal of his motion filed

pursuant to 28 U.S.C.A. § 2255 (West Supp. 2000). We have reviewed

the record and the district court’s opinion and find no reversible

error. Accordingly, we deny a certificate of appealability and

dismiss the appeal based upon the reasoning of the district court.

See United States v. Queen, Nos. CR-95-178-WMN; CA-99-1208-WMN (D.

Md. May 22, 2000). We dispense with oral argument because the

facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional

process.

DISMISSED
Exhibit 32.1



CERTIFICATION PURSUANT TO

18 U.S.C. SECTION 1350,

AS ADDED BY

SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002



In connection with the Quarterly Report of Florida Business BancGroup, Inc. (the Company) on Form 10-QSB for the period ended September 30, 2004 as filed with the Securities and Exchange Commission (the
Report), I, A. Bronson Thayer, Chairman and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C.§ 1350, as added by § 906 of the Sarbanes-Oxley Act of 2002, that:



|1. | The Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934; and
|-- | ---------------------------------------------------------------------------------------------------------------------



|2. | To my knowledge, the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company as of and for
the period covered by the Report.
|-- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



|                       |  |     |  |                                                        
|---------------------- |  | --- |  | -------------------------------------------------------
|Date: November 8, 2004 |  | By: |  | /s/ A. Bronson Thayer                                  
|                       |  |     |  | A. Bronson Thayer, Chairman and Chief Executive Officer