alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2012032EN.01003201.xml

| 4.2.2012 | EN | Official Journal of the European Union | C 32/32 |
| --- | --- | --- | --- |

4.2.2012

EN

Official Journal of the European Union

C 32/32

---

Action brought on 30 November 2011 — Woodman Labs V OHIM — 2 Mas 2 Publicidad Integral (HERO)

(Case T-606/11)

2012/C 32/66

Language in which the application was lodged: English

Parties

Parties

Applicant: Woodman Labs, Inc. (Sausalito, United States of America) (represented by: M. Graf, lawyer)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Other party to the proceedings before the Board of Appeal: 2 Mas 2 Publicidad Integral, SL (Vitoria-Gasteiz, Spain)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 September 2011 in case R 876/2010-4; and |
| --- | --- |

—

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 29 September 2011 in case R 876/2010-4; and

| — | Order the costs of the proceedings to be borne by the defendant. |
| --- | --- |

—

Order the costs of the proceedings to be borne by the defendant.

Pleas in law and main arguments

Pleas in law and main arguments

Applicant for a Community trade mark: The applicant

Applicant for a Community trade mark:

Community trade mark concerned: The word mark ‘HERO’, for goods in class 9 — Community trade mark application No 6750376

Community trade mark concerned:

Proprietor of the mark or sign cited in the opposition proceedings: The other party to the proceedings before the Board of Appeal

Proprietor of the mark or sign cited in the opposition proceedings:

Mark or sign cited in opposition: Community trade mark registration No 5883533 of the figurative mark in gold and black ‘hero PICTURES’, for goods and services in classes 9 and 41

Mark or sign cited in opposition:

Decision of the Opposition Division: The Community trade mark application was allowed to proceed for part of the goods in class 9

Decision of the Opposition Division:

Decision of the Board of Appeal: Dismissed the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 8(1)(b) of Council Regulation No 207/2009, as the Board of Appeal wrongly ruled that likelihood of confusion exists between the earlier mark and the Community trade mark application.

Pleas in law:

---
<PAGE>

                                 EXHIBIT 10(dd)

      Wachovia Bank, N.A.
      Real Estate Financial Services
      SC9113
      16 Broad Street
      Post Office Box 700
      Charleston. SC 29401

                                                                        WACHOVIA

December 15,2004

Mr. Steven P. Birdwell
Chief Financial Officer
Sea Pines Company, Inc.
Post Office Box 7000
Hilton Head, SC 29938

RE: NET WORTH COVENANT WAIVER FOR YEAR ENDING OCTOBER 31, 2005

Dear Steve:

You have informed us that the Net Worth Ratio of the Company is projected to be
above the maximum level as of October 31,2005, as required by Section 8.02(a)
(i) of the Amended and Restated Master Credit Agreement dated October 31, 2002.
This deficiency represents an "event of default" as that term is used in the
Agreement. The Bank hereby waives the requirement that the Borrower maintain the
Net Worth Ratio specified by Section 8.02(a)(i) of the Agreement for the fiscal
year ending October 31,2005.

The Lender hereby reserves all other rights and remedies it may have against the
Borrower under the Master Credit Agreement. This waiver does not extend to any
other covenant contained in the Master Credit Agreement, and shall not be deemed
to be a waiver of, or acquiescence or consent of the Lender to any other default
now or hereafter under the Master Credit Agreement.

Sincerely,
WACHOVIA BANK, N.A.

/s/ Phillip H. Rhiner
Phillip H. Rhiner
Assistant Vice President
§ 197.580 Appendices. ( a ) Appendices A through D and F of this subpart contain technical information on benzene and its effects and provide guidance for medical surveillance, monitoring, and measuring. The appendices are informational and advisory and do not create mandatory requirements.
( b ) Appendix E of this subpart contains tests and procedures for fitting respirators. As required by § 197.550(d)(1), compliance with appendix E of this subpart is mandatory.
March 24, 2015

JUDGMENT

The Fourteenth Court of Appeals

JAMES E. ARCHER, JR. AND GIDGET ARCHER, Appellants

NO. 14-14-00017-CV V.

DDK HOLDINGS LLC, DIANE E. CAMPBELL, AND HAYES LEASING 

COMPANY, INC., INDIVIDUALLY AND D/B/A HAYES TRUCK GROUP, 

Appellees

________________________________

This cause, an appeal from the judgment signed September 24, 2013 in favor 

of appellees Diane E. Campbell and Hayes Leasing Company, Inc., Individually 

and d/b/a Hayes Truck Group, was heard on the transcript of the record. We have 

inspected the record and find no error in the judgment. We order the judgment of 

the court below AFFIRMED.

We order appellants James E. Archer, Jr. and Gidget Archer, jointly and 

severally, to pay all costs incurred in this appeal. 

We further order this decision certified below for observance.
# C_2014292EN.01005802.xml

| 1.9.2014 | EN | Official Journal of the European Union | C 292/58 |
| --- | --- | --- | --- |

1.9.2014

EN

Official Journal of the European Union

C 292/58

---

Order of the General Court of 3 July 2014 — Makhlouf v Council

(Case T-359/11) (1)

1

2014/C 292/72

Language of the case: French

The President of the Seventh Chamber has ordered that the case be removed from the register.

---

(1)  OJ C 282, 24.9.2011.

1

---
# C_2009182EN.01007701.xml

| 4.8.2009 | EN | Official Journal of the European Union | C 182/77 |
| --- | --- | --- | --- |

4.8.2009

EN

Official Journal of the European Union

C 182/77

---

Opinion of the European Economic and Social Committee on the ‘Proposal for a Council Directive on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (codified version)’

COM(2008) 691 final — 2008/0206 (CNS)

(2009/C 182/18)

On 19 November 2008 the Council decided to consult the European Economic and Social Committee, under Article 94 of the Treaty establishing the European Community, on the

Proposal for a Council Directive on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (codified version)

Proposal for a Council Directive on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (codified version)

COM(2008) 691 final — 2008/0206 (CNS).

Since the Committee unreservedly endorses the content of the proposal and feels that it requires no comment on its part, it decided, at its 450th plenary session of 14 and 15 January 2009 (meeting of 14 January), by 180 votes to two with six abstentions, to issue an opinion endorsing the proposed text.

Brussels, 14 January 2009.

The President of the European Economic and Social Committee

Mario SEPI

---
# C_2011072EN.01003201.xml

| 5.3.2011 | EN | Official Journal of the European Union | C 72/32 |
| --- | --- | --- | --- |

5.3.2011

EN

Official Journal of the European Union

C 72/32

---

Action brought on 20 January 2011 — Fraas v OHIM (tartan pattern in pink, violet, beige and dark grey colours)

(Case T-31/11)

2011/C 72/49

Language in which the application was lodged: German

Parties

Parties

Applicant: V. Fraas GmbH (Helmbrechts-Wüstenselbitz, Germany) (represented by R. Kunze and G. Würtenberger, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs)

Defendant:

Form of order sought

Form of order sought

| — | Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 November 2010 in Case R 1284/2010-4; |
| --- | --- |

—

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 15 November 2010 in Case R 1284/2010-4;

| — | Order the Office for Harmonisation in the Internal Market to pay the costs. |
| --- | --- |

—

Order the Office for Harmonisation in the Internal Market to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: Figurative mark, which shows a tartan pattern in pink, violet, beige and dark grey colours, for goods in classes 18, 24 and 25.

Community trade mark concerned:

Decision of the Examiner: Rejection of the registration.

Decision of the Examiner:

Decision of the Board of Appeal: Dismissal of the appeal.

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 7(1)(b) read in conjunction with Article 7(2) of Regulation (EC) No 207/2009, (1) since the trade mark concerned is distinctive, and infringement of Articles 75 and 76 of Regulation (EC) No 207/2009 because the Board of Appeal failed to deal with the applicant’s extensive factual and legal submissions.

Pleas in law:

1

---

(1)  Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

1

---
#### William S. Little, *Appellant, v.*The City of Rochester, *Respondent.*

—Judgment reversed and new trial ordered before another referee, costs to abide event. Opinion by

Haight, J.
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.

§ 154.709 Cargo boil-off as fuel: Gas detection equipment. ( a ) The continuous gas detection system required under § 154.706(a)(2) and (b) must: ( 1 ) Meet § 154.1350(c), (d), and (j) through (s); and
( 2 ) Have a device that: ( i ) Activates an audible and visual alarm at the machinery control station and in the wheelhouse if the methane concentration reaches 1.5 percent by volume; and
( ii ) Closes the master gas fuel valve required under § 154.708(c) before the methane concentration reaches 3 percent by volume.
( b ) The number and arrangement of gas sampling points must be specially approved by the Commandant (CG-OES).
[CGD 74-289, 44 FR 26009, May 3, 1979, as amended by CGD 82-063b, 48 FR 4782, Feb. 3, 1983]
# C_2019044EN.01005401.xml

| 4.2.2019 | EN | Official Journal of the European Union | C 44/54 |
| --- | --- | --- | --- |

4.2.2019

EN

Official Journal of the European Union

C 44/54

---

Order of the General Court of 25 October 2018 — Biogas Nord v Commission

(Case T-628/11) (1)

((State aid - German tax legislation concerning the possibility of carrying losses forward to future tax years (Sanierungsklausel) - Decision declaring aid incompatible with the internal market - Annulment of the contested measure by the Court - Action which has become devoid of purpose - No need to adjudicate))

(2019/C 44/69)

Language of the case: German

Parties

Applicant: Biogas Nord AG (Bielefeld, Germany) (represented by: C. Birkemeyer, lawyer)

Defendant: European Commission (represented by: initially, R. Lyal, T. Maxian Rusche and M. Adam, then, R. Lyal, T. Maxian Rusche and K. Blanck, acting as Agents)

Intervener in support of the applicant: Federal Republic of Germany (represented by: initially T. Henze, K. Petersen and R. Kanitz, then, T. Henze, R. Kanitz and K. Stranz and finally, T. Henze, R. Kanitz and S. Eisenberg, acting as Agents)

Re:

Action based on Article 263 TFEU and seeking annulment of Commission Decision 2011/527/EU of 26 January 2011 on State aid C 7/10 (ex CP 250/09 and NN 5/10) implemented by Germany — Scheme for the carry-forward of tax losses in the case of restructuring of companies in difficulty (Sanierungsklausel) (OJ 2011 L 235, p. 26).

Operative part of the order

| 1. | There is no need to adjudicate on the action; |
| --- | --- |

1.

There is no need to adjudicate on the action;

| 2. | The European Commission is ordered to pay its own costs as well as those incurred by Biogas Nord AG; |
| --- | --- |

2.

The European Commission is ordered to pay its own costs as well as those incurred by Biogas Nord AG;

| 3. | The Federal Republic of Germany is ordered to bear its own costs. |
| --- | --- |

3.

The Federal Republic of Germany is ordered to bear its own costs.

---

(1)  OJ C 49, 18.2.2012.

---
Exhibit 10.3


                               2005 IDACORP, Inc.
                            Executive Incentive Plan
                           NEO Award Opportunity Chart

Name              Title                 Threshold ($)  Target ($)    Maximum ($)
----              -----                 -------------  ----------    -----------

Jan B. Packwood   President and Chief   63,000         315,000       630,000
                  Executive Officer,
                  IDACORP and Chief
                  Executive Officer,
                  Idaho Power

J. LaMont Keen    Executive Vice        30,400         152,000       304,000
                  President, IDACORP
                  and President and
                  Chief Operating
                  Officer, Idaho Power

Darrel T.         Senior Vice           16,800         84,000        168,000
Anderson          President -
                  Administrative
                  Services and Chief
                  Financial Officer,
                  IDACORP and Idaho
                  Power

Thomas R. Saldin  Senior Vice           17,500         87,500        175,000
                  President, General
                  Counsel and
                  Secretary, IDACORP
                  and Idaho Power

James C. Miller   Senior Vice           18,900         94,500        189,000
                  President of Power
                  Supply, Idaho Power


A. Bryan Kearney  Vice President and    11,580         57,900        115,800
                  Chief Information
                  Officer, IDACORP and
                  Idaho Power
Order entered September 23, 2014

In The



## Court of Appeals

Fifth District of Texas at Dallas

No. 05

- 14

- 01213

- CR

JESSICA RUIZ ESPINOZ A, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the County Court at Law No. 5

Collin County, Texas

Trial Court Cause No. 005

- 83192

- 2013



### O RDER

T he Court GRANTS appellant’s motion for extension of time to file the notice of appeal.

Appellant’s notice of appeal is timely filed for jurisdictional purposes.

/s/ ADA BROWN

JUSTICE
#### § 169.723 Safety belts.

Each vessel must carry a harness type safety belt conforming to Offshore Racing Council (ORC) standards for each person on watch or required to work the vessel in heavy weather.
Exhibit 32.1

**CERTIFICATION**

**PURSUANT TO18 U.S.C. SECTION 1350,AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

The undersigned, Daniel Mckinney, the Chief Executive Officer of Asia Properties, Inc. hereby certifies, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to their knowledge, the report on Form 10-Q of Asia Properties, Inc., for the quarterly period ended June 30, 2010, fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, and that the information contained in the report on Form 10-Q fairly presents in all material respects the financial condition and results of operations of Asia Properties, Inc..

Date: August 14, 2010.

 

 

/s/ Daniel Mckinney

_______________________________

Daniel MckinneyChief Executive Officer(Principal Executive Officer andPrincipal Accounting Officer)

 

 

 

----
2:14-cv-14579-GAD-EAS Doc # 7 Filed 02/09/15 Pg 1 of 3 Pg ID 28
2:14-cv-14579-GAD-EAS Doc # 7 Filed 02/09/15 Pg 2 of 3 Pg ID 29
2:14-cv-14579-GAD-EAS Doc # 7 Filed 02/09/15 Pg 3 of 3 Pg ID 30
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

D’ANDRE ALEXANDER,

Plaintiff, No. 15-10294

v. District Judge David M. Lawson

Magistrate Judge R. Steven Whalen

A. HOFFMAN, FLAUGHER, O’NIEZEL,

JEFF STOLTENBER, ROZIER, PUTNAM

WELTERE, VITTITOW, TURNER, 

BURROWS, DONALD RICUMSTRICT,

O’BELL T. WINN, FREED, JAMES 

ZUMMER, TOM FINCO, PAYNE, ROBERT

NORTON, ROPELIJI, KARL LNU, 

THOMAS LNU, and VANSURMAN,

Defendants.

 /

ORDER

On January 23,2015, Plaintiff D’Andre Alexander, a prison inmate in the custody

of the Michigan Department of Corrections (“MDOC”), filed a pro se civil complaint

pursuant to 42 U.S.C. § 1983, bringing 19 separate claims and naming (or in some

instances partially naming) 21 Defendants. The complaint and exhibits consume 152

pages. Before the Court is the MDOC Defendants’ Motion to Stay Discovery [Doc. #55].

The Defendants’ motion to sever based on misjoinder of parties and claims [Doc. #39] is

presently pending. If the motion is granted, it will be dispositive as to claims and Defendants, and

-1-

2:15-cv-10294-DML-RSW Doc # 60 Filed 12/09/15 Pg 1 of 2 Pg ID 372
the scope of discovery will likely be significantly narrower. “Trial courts have broad discretion

and inherent power to stay discovery until preliminary questions that may dispose of the case are

determined.” Hahn v. Star Bank, 190 F.3d 708, 719 (6th Cir. 1999).

Accordingly, Defendants’ Motion to Stay Discovery [Doc. #55] is GRANTED, and

discovery is STAYED pending resolution of the Defendants’ motion to sever.

IT IS SO ORDERED.

s/R. Steven Whalen 

R. STEVEN WHALEN

UNITED STATES MAGISTRATE JUDGE

Dated: December 9, 2015

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing document was sent to parties of record on December

9, 2015, electronically and/or by U.S. mail.

s/Carolyn M. Ciesla 

Case Manager 

-2-

2:15-cv-10294-DML-RSW Doc # 60 Filed 12/09/15 Pg 2 of 2 Pg ID 373
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2321 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2321

   To continue the application of certain procedures in the House of 
  Representatives applicable to Medicare funding legislation, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2009

  Mr. Brady of Texas (for himself, Mrs. Blackburn, Mr. Boustany, Ms. 
 Ginny Brown-Waite of Florida, Ms. Fallin, Mr. Gingrey of Georgia, Mr. 
  Hensarling, Mr. Herger, Mr. Sam Johnson of Texas, Mr. Lamborn, Mrs. 
Lummis, Mr. Marchant, Mr. McClintock, Mr. Olson, Mr. Pence, Mr. Pitts, 
 Mrs. Schmidt, Mr. Shadegg, and Mr. Shimkus) introduced the following 
           bill; which was referred to the Committee on Rules

_______________________________________________________________________

                                 A BILL

 
   To continue the application of certain procedures in the House of 
  Representatives applicable to Medicare funding legislation, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Medicare Warning Act of 2009''.

SEC. 2. CONTINUED APPLICATION OF MEDICARE-RELATED PROVISION.

    Section 803 of the Medicare Prescription Drug, Improvement, and 
Modernization Act of 2003 (Public Law 108-173) shall apply during the 
remainder of the One Hundred and Eleventh Congress (notwithstanding 
section 3(e) of House Resolution 5 of the One Hundred Eleventh 
Congress, as adopted on January 6, 2009).
                                 <all>
```
Case 2:15-cv-11080-MOB-APP ECF No. 16-19, PageID.468 Filed 04/07/15 Page 1 of 8
Case 2:15-cv-11080-MOB-APP ECF No. 16-19, PageID.469 Filed 04/07/15 Page 2 of 8
Case 2:15-cv-11080-MOB-APP ECF No. 16-19, PageID.470 Filed 04/07/15 Page 3 of 8
Case 2:15-cv-11080-MOB-APP ECF No. 16-19, PageID.471 Filed 04/07/15 Page 4 of 8
Case 2:15-cv-11080-MOB-APP ECF No. 16-19, PageID.472 Filed 04/07/15 Page 5 of 8
Case 2:15-cv-11080-MOB-APP ECF No. 16-19, PageID.473 Filed 04/07/15 Page 6 of 8
Case 2:15-cv-11080-MOB-APP ECF No. 16-19, PageID.474 Filed 04/07/15 Page 7 of 8
Case 2:15-cv-11080-MOB-APP ECF No. 16-19, PageID.475 Filed 04/07/15 Page 8 of 8
Editorial Note on Part 160
Editorial Note: Nomenclature changes to part 160 appear by USCG-2012-0832, 77 FR 59785, 59786, Oct. 1, 2012.

§ 160.115-5 Incorporation by reference. ( a ) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at Coast Guard Headquarters and at the National Archives and Records Administration (NARA). Contact the Coast Guard at: Commandant (CG-ENG-4), U.S. Coast Guard Stop 7509, 2703 Martin Luther King Jr. Avenue SE, Washington, DC 20593-7509; or email *typeapproval@uscg.mil* or visit *https://www.dco.uscg.mil/CG-ENG-4/ .* For information on the availability of this material at NARA, email: *fr.inspection@nara.gov ,* or go to: *www.archives.gov/federal-register/cfr/ibr-locations.html .* The material may be obtained from the source in the following paragraph of this section.
( b ) International Maritime Organization (IMO) Publications Section, 4 Albert Embankment, London SE1 7SR, United Kingdom, + 44 (0)20 7735 7611, *http://www.imo.org/ .* ( 1 ) IMO Resolution A.760(18), Symbols Related to Life-Saving Appliances and Arrangements, (adopted November 4, 1993), IBR approved for § 160.115-19 (“IMO Res. A.760(18)”).
( 2 ) Life-Saving Appliances, including LSA Code, 2010 Edition, (2010), pages 7-71 (“IMO LSA Code”), IBR approved for § 160.115-7.
( 3 ) Life-Saving Appliances, including LSA Code, 2010 Edition, (2010), Revised recommendation on testing of live-saving appliances, pages 79-254 (“IMO Revised recommendation on testing”), IBR approved for §§ 160.115-7, 160.115-13, and 160.115-15.
( 4 ) MSC/Circular 980, Standardized Life-saving Appliance Evaluation and Test Report Forms, (February 13, 2001), IBR approved for § 160.115-13 (“IMO MSC Circ. 980”).
( 5 ) MSC.1/Circular 1205, Guidelines for Developing Operation and Maintenance Manuals for Lifeboat Systems, (May 26, 2006), IBR approved for § 160.115-21 (“IMO MSC.1 Circ. 1205”).
[USCG-2010-0048, 76 FR 62976, Oct. 11, 2011, as amended by USCG-2013-0671, 78 FR 60158, Sept. 30, 2013; USCG-2022-0323, 88 FR 10030, Feb. 16, 2023]
#### Riley Knapp *v.*Jeremiah Fowler.

Motion to modify the order of the April term of this court denied, without costs.