alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
**Order of the Court (Sixth Chamber) of 3 May 2012 —
World Wide Tobacco España v Commission

(Case C-240/11 P)**

Appeal — Competition — Agreements, decisions and concerted practices — The Spanish market for the purchase and first processing of raw tobacco — Price-fixing and market-sharing — Fines — Deterrent effect — Equal treatment — Mitigating circumstances — Maximum limit of 10% of turnover — Cooperation

1.                     *Appeals — Grounds — Necessity of some specific criticism of a point in the General Court’s reasoning (Art. 256(1), second
para., TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1)(c))
(see para. 41)*

2.                     *Appeals — Grounds — Inadequate statement of reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions
(Art. 256 TFEU; Statute of the Court of Justice, Arts 36, 53, first para., and 58) (see para. 65)*

**Re:**

| | | | | |
| --- | --- | --- | --- | --- |
| Appeal brought against the judgment of the General Court (Fourth Chamber) of 8 March 2011 in Case T‐37/05 | World Wide Tobacco España | v | Commission | by which that court rejected in part an application for a reduction in the amount of the fine imposed on the applicant in Commission Decision C(2004) 4030 final, of 20 October 2004, relating to a proceeding under Article 81(1) [EC] (Case COMP/C. 38. 238/B.2 — Raw tobacco — Spain). |

**Operative part**

| | | |
| --- | --- | --- |
| 1. | | The main appeal and the cross-appeal are dismissed. |

| | | |
| --- | --- | --- |
| 2. | | World Wide Tobacco España, SA is ordered to pay the costs of the main appeal. |

| | | |
| --- | --- | --- |
| 3. | | The European Commission is ordered to pay the costs of the cross‐appeal. |
1 

 

THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

MICHIGAN URGENT CARE & ) 

PRIMARY CARE PHYSICIANS, P.C., ) 

and BUSINESS HEALTH SOLUTIONS, P.C. ) 

 ) 

 Plaintiff, ) 

 ) 

 -vs- ) Case No. 2:15-cv-11242-SJM-DRG 

 ) 

EDGE PHARMACY SERVICES, LLC, ) 

and JOHN DOES 1-10, ) 

 ) 

 Defendants. ) 

STIPULATED ORDER OF DISMISSAL WITH PREJUDICE 

This matter having come before the Court upon the stipulation of the parties, 

through their undersigned counsel, and the Court being otherwise fully advised in 

the premises; 

WHEREAS, the parties have negotiated a settlement, and pursuant to Fed R. 

Civ. Proc. 41(a), hereby stipulate to the dismissal of Plaintiffs’ individual claims 

with prejudice and without costs and the dismissal of Plaintiffs’ putative class 

claims without prejudice and without costs. 

 SO ORDERED. 

 S/Stephen J. Murphy, III 

 Stephen J. Murphy, III 

 United States District Judge 

Dated: June 30, 2015 

Case 2:15-cv-11242-SJM-DRG ECF No. 15 filed 06/30/15 PageID.35 Page 1 of 2
2 

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

counsel of record on June 30, 2015, by electronic and/or ordinary mail. 

 S/Carol Cohron 

 Case Manager

STIPULATED AND AGREED: 

PLAINTIFFS

MICHIGAN URGENT CARE & 

PRIMARY CARE PHYSICIANS, P.C. 

and BUSINESS HEALTH SOLUTIONS, P.C. 

DEFENDANT 

EDGE PHARMACY SERVICES, LLC 

/s/ Daniel A. Edelman

Daniel A. Edelman 

Cathleen M. Combs 

EDELMAN COMBS LATTURNER 

& GOODWIN LLC 

20 South Clark Street, Suite 1500 

Chicago, IL 60603 

(312) 739-4200 

(312) 419-0379 (Fax) 

dedelman@edcombs.com 

courtecl@edcombs.com 

ccombs@edcombs.com 

Adam G. Taub 

ADAM G. TAUB & ASSOCIATES 

CONSUMER LAW GROUP, PLC 

17200 West Ten Mile Road, Suite 200 

Southfield, MI 48075 

(248) 746-3790 

adamgtaub@clgplc.net 

Attorneys for Plaintiffs 

/s/ Erin M. Pawlowski 

Edward M. Pappas 

Erin M. Pawlowski 

DICKINSON WRIGHT PLLC 

2600 West Big Beaver Road, Suite 300 

Troy, Michigan 48084-3312 

(248) 433-7200 

(248) 433-7274 (Fax) 

epappas@dickinsonwreight.com 

epawlowski@dickinsonwright.com 

Attorneys for Defendant Edge Pharmacy 

Services, LLC 

 

Case 2:15-cv-11242-SJM-DRG ECF No. 15 filed 06/30/15 PageID.36 Page 2 of 2
NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

LYNDON SCHEVECK,

Plaintiff-Appellant,

 v.

CITY OF BOISE, et al.,

Defendants-Appellees.

No. 17-35294

D.C. No. 1:16-cv-00036-EJL-REB

MEMORANDUM*

Appeal from the United States District Court

for the District of Idaho

Edward J. Lodge, District Judge, Presiding

Submitted December 18, 2017**

Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.

Lyndon Scheveck appeals pro se from the district court’s judgment

dismissing his 42 U.S.C. § 1983 action alleging claims arising from his arrest. We 

have jurisdiction under 28 U.S.C. § 1291. We review de novo a district court’s 

 

* This disposition is not appropriate for publication and is not precedent 

except as provided by 9th Cir. R. 36-3.

** The panel unanimously concludes this case is suitable for decision 

without oral argument. See Fed. R. App. P. 34(a)(2).

FILED

DEC 22 2017

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 17-35294

dismissal on the basis of the statute of limitations. Canatella v. Van De Kamp, 486 

F.3d 1128, 1132 (9th Cir. 2007). We affirm.

The district court properly dismissed Scheveck’s action as time-barred 

because Scheveck did not submit to the court any document that functioned as a 

complaint before the applicable statute of limitations had run. See Idaho Code § 5-

219(4) (two-year statute of limitations for personal injury claims); Canatella, 486 

F.3d at 1132 (the forum state’s personal injury statute of limitations applies in 

§ 1983 suits); see also Fed. R. Civ. P. 3 (“A civil action is commenced by filing a 

complaint with the court.”); cf. Hauschulz v. State, Dep’t of Corr., 147 P.3d 94, 98-

99 (Idaho Ct. App. 2006) (holding that a filing explicitly intended to function as a 

complaint and submitted to the court clerk’s office is sufficient to initiate action). 

We do not consider arguments or allegations raised for the first time on 

appeal, including Scheveck’s contention regarding equitable estoppel. See Smith v. 

Marsh, 194 F.3d 1045, 1052 (9th Cir. 1999).

AFFIRMED.
<PAGE>   1

                                                                      EXHIBIT 23

                       CONSENT OF INDEPENDENT ACCOUNTANTS

We hereby consent to the incorporation by reference in the registration
statements on Form S-3 (File No. 333-89347, 333-85219 and 333-85061), and Forms
S-8 (File No.'s 333-45253, 333-64525, 333-46589, 333-52799, 333-72425,
333-79007, 333-52805, 333-56133, 333-08775, 333-37041, 333-33943, 333-18975,
333-18977, 333-08783, 333-81751, 333-87685, 333-88201, 333-87151, 333-84981,
333-80267 333-08789, 333-08793, 333-08801, 333-23043 and 333-42475), of Lucent
Technologies Inc. of our reports dated October 25, 1999, relating to the
consolidated financial statements and financial statement schedule, which
appears in this Form 10-K.

PricewaterhouseCoopers LLP
New York, New York
December 21, 1999
<PAGE>

[GRAVITY LOGO]                                                       [LYTO LOGO]

                                                                   EXHIBIT 10.21

                                  AMENDMENT TO

        THE EXCLUSIVE RAGNAROK ONLINE LICENSE AND DISTRIBUTION AGREEMENT

THIS AMENDMENT ("Amendment") is made and entered into on this 29th day of
October, 2004 by and between Gravity Corporation ("Licensor") and PT. LYTO
DATARINDO FORTUNA ("Licensee").

                                    RECITALS

WHEREAS, Licensor and Licensee ("Parties" collectively) entered into an
Exclusive Ragnarok Online License and Distribution Agreement ("The Agreement"),
dated February 26th, 2003.

WHEREAS, Parties to the Agreement now desire to amend the Agreement as specified
below.

NOW, THEREFORE, the parties agree as follows:

1.    EXTEND THE TERM OF THE AGREEMENT:

      Parties agreed to extend the Agreement for Two(2) years ("Renewed Term")
      from the expiration date with conditions stated below in this Amendment.
      The newly extended term of the Agreement shall be from February 26th, 2005
      to February 26th, 2007.

2.    TERMS AND CONDITIONS:

      (1)   Licensee shall pay Two Hundred and Fifty Thousand United States
            Dollars (US$250,000) to Licensor as License Extension Fees. The
            License Extension Fees shall be paid in two(2) equal parts according
            to the following schedule:

            US$125,000 payable within seven(7) days from February 26th, 2005
            US$125,000 payable within seven(7) days from May 26th , 2005

<PAGE>

      (2)   Licensee agrees to increase the Royalty rate ("New Royalty") from
            Thirty(30%) percent of the Service-Sales Amount (as defined in
            Article 1.10 and Article 6.1 of the Agreement) to Thirty-Two (32%)
            percent of the Service-Sales Amount. The New Royalty will be
            effective from February 26th 2005 to February 26th, 2007.

      (3)   No later than three (3) months prior to the expiration of Renewed
            Term specified on this Amendment, Licensor shall give Licensee the
            first right of negotiation for a period of thirty (30)days for an
            extension of Agreement for an additional term ("Extended Term") for
            the Game. If no agreement in writing is made between the Parties for
            renewal or re-execution of a license agreement after such
            negotiation period, this Agreement shall expire without any further
            extension or renewal.

IN WITNESS WHEREOF, the Parties have executed this Amendment the day and year
first above-written.

GRAVITY CORPORATION,                    PT. LYTO DATARINDO FORTUNA

By: _______________________             By: __________________________
Name: Jung-Ryool Kim                    Name: Bambang Suryanto
Title: Chairman                         Title: Chairman

                                       2
# C_2014292EN.01000301.xml

| 1.9.2014 | EN | Official Journal of the European Union | C 292/3 |
| --- | --- | --- | --- |

1.9.2014

EN

Official Journal of the European Union

C 292/3

---

Judgment of the Court (First Chamber) of 3 July 2014 — Council of the European Union v Sophie in ’t Veld

(Case C-350/12 P) (1)

1

((Appeal - Access to documents of the institutions - Regulation (EC) No 1049/2001 - Third indent of Article 4(1)(a), second indent of Article 4(2), and Article 4(6) - Opinion of the Council’s Legal Service concerning the opening of negotiations for the conclusion of an international agreement - Exceptions to the right of access - Protection of the public interest as regards international relations - Protection of legal advice - Decision partially refusing access))

2014/C 292/03

Language of the case: English

Parties

Parties

Appellant: Council of the European Union (represented by: P. Berman, B. Driessen and C. Fekete, acting as Agents)

Appellant:

Other parties to the proceedings: Sophie in ’t Veld (represented by: O. Brouwer, E. Raedts and J. Blockx, advocaten), European Commission (represented by: B. Smulders and P. Costa de Oliveira, acting as Agents)

Other parties to the proceedings:

Intervener in support of Sophie in ’t Veld: European Parliament (represented by: N. Lorenz and N. Görlitz, acting as Agents)

Intervener in support of Sophie in ’t Veld:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1) | Dismisses the appeal; |
| --- | --- |

1)

Dismisses the appeal;

| 2) | Orders the Council of the European Union to pay the costs; |
| --- | --- |

2)

Orders the Council of the European Union to pay the costs;

| 3) | Orders the European Parliament and the European Commission to bear their own costs. |
| --- | --- |

3)

Orders the European Parliament and the European Commission to bear their own costs.

---

(1)  OJ C 303, 6.10.2012.

1

---
EXHIBIT 32.1

                        ICY SPLASH FOOD & BEVERAGE, INC.
                CERTIFICATION PURSUANT TO 18 U.S.C. SECTION 1350,
                         AS ADOPTED PURSUANT TO SECTION
                      906 OF THE SARBANES-OXLEY ACT OF 2002

          In connection with the Quarterly Report of Icy Splash Food &
Beverage, Inc. (the "Company") on Form 10-QSB for the period ended March 31,
2005 as filed with the Securities and Exchange Commission on the date hereof
(the "Report"), the undersigned, Joseph Aslan, Chief Executive Officer of the
Company and Charles Tokarz, Chief Financial Officer and Treasurer of the
Company, certify, pursuant to 18 U.S.C. ss.1350, as adopted pursuant to Section
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)   The information contained in the Report fairly presents, in
                all material respects, the financial condition and results of
                operations of the Company.

          A signed original of this written statement required by Section 906
has been provided to Icy Splash Food & Beverage, Inc. and will be retained by
Icy Splash Food & Beverage, Inc. and furnished to the Securities and Exchange
Commission or its staff upon request.

Date:  May 16, 2005

                                                    /s/ Joseph Aslan
                                                  ----------------------------
                                                  Joseph Aslan
                                                  Chief Executive Officer


                                                    /s/ Charles Tokarz
                                                  -----------------------------
                                                  Charles Tokarz
                                                  Chief Financial Officer and
                                                  Treasurer
# C_2011290EN.01000701.xml

| 1.10.2011 | EN | Official Journal of the European Union | C 290/7 |
| --- | --- | --- | --- |

1.10.2011

EN

Official Journal of the European Union

C 290/7

---

Reference for a preliminary ruling from the Audiencia Provincial de Barcelona (Spain) lodged on 1 August 2011 — Pedro Espada Sánchez and Others v Iberia Líneas Aéreas de España S.A.

(Case C-410/11)

2011/C 290/11

Language of the case: Spanish

Referring court

Referring court

Audiencia Provincial de Barcelona

Parties to the main proceedings

Parties to the main proceedings

Applicants: Pedro Espada Sánchez and Others

Applicants:

Defendant: Iberia Líneas Aéreas de España S.A.

Defendant:

Questions referred

Questions referred

| 1. | Must the limit of 1 000 Special Drawing Rights per passenger, laid down in Article 22 of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air, concerning the liability of the carrier in the case of destruction, loss or damage of baggage, considered in conjunction with Article 3(3) of that convention, be interpreted as a maximum limit for each individual passenger where a number of passengers travelling check in their shared baggage together, regardless of whether there are fewer pieces of checked baggage than there are actual travellers? |
| --- | --- |

1.

Must the limit of 1 000 Special Drawing Rights per passenger, laid down in Article 22 of the Montreal Convention for the Unification of Certain Rules for International Carriage by Air, concerning the liability of the carrier in the case of destruction, loss or damage of baggage, considered in conjunction with Article 3(3) of that convention, be interpreted as a maximum limit for each individual passenger where a number of passengers travelling check in their shared baggage together, regardless of whether there are fewer pieces of checked baggage than there are actual travellers?

| 2. | Or, on the contrary, must the limit to damages laid down in Article 22 of the Montreal Convention be interpreted as meaning that, for each piece of checked baggage, only one passenger may be entitled to claim compensation and that, accordingly, the maximum limit applied must be that fixed for a single passenger even if it is proved that the lost baggage identified by a single tag belongs to more than one passenger? |
| --- | --- |

2.

Or, on the contrary, must the limit to damages laid down in Article 22 of the Montreal Convention be interpreted as meaning that, for each piece of checked baggage, only one passenger may be entitled to claim compensation and that, accordingly, the maximum limit applied must be that fixed for a single passenger even if it is proved that the lost baggage identified by a single tag belongs to more than one passenger?

---
Materials Not Included in

Airworthiness Directive (AD) Docket

 Docket Number: FAA-2013-0829

 Directorate Identifier: 2013NM085AD

A330-34-3232 --- 1/20/10

A340-34-4239 --- 1/20/10

A340-34-5072 --- 1/20/10

Name/Description of Item(s) Not Included in FDMS Docket and Maintained in the 

Supplemental AD Docket

MAY BE VIEWED AT: Federal Aviation Administration

Transport Airplane Directorate

Rules Docket

1601 Lind Ave. SW.,

Renton, WA 98057

425.227.1221

DURING THE HOURS OF: 9 a.m. and 3 p.m., Monday through Friday,

except Federal holidays.

Form Date: 03/05/2008
```

[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 22 Engrossed in House (EH)]

111th CONGRESS
  1st Session
                                 H. R. 22

_______________________________________________________________________

                                 AN ACT

 
  To amend title 5, United States Code, to reduce the amount that the 
United States Postal Service is required to pay into the Postal Service 
      Retiree Health Benefits Fund by the end of fiscal year 2009.

    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 ``United States Postal Service 
Financial Relief Act of 2009''.

SEC. 2. GOVERNMENT CONTRIBUTIONS FOR POSTAL ANNUITANTS' HEALTH 
              BENEFITS.

    (a) In General.--Clause (iii) of section 8909a(d)(3)(A) of title 5, 
United States Code, is amended to read as follows:
            ``(iii) $1,400,000,000, not later than September 30, 
        2009;''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of section 803(a)(1)(B) of 
the Postal Accountability and Enhancement Act (Public Law 109-435; 120 
Stat. 3251).

SEC. 3. TECHNICAL CORRECTION.

    The heading for section 8909a of title 5, United States Code, is 
amended by striking ``benefit'' and inserting ``benefits''.

            Passed the House of Representatives September 15, 2009.

            Attest:

                                                                 Clerk.
111th CONGRESS

  1st Session

                                H. R. 22

_______________________________________________________________________

                                 AN ACT

  To amend title 5, United States Code, to reduce the amount that the 
United States Postal Service is required to pay into the Postal Service 
      Retiree Health Benefits Fund by the end of fiscal year 2009.
```
EXHIBIT
32.2





CERTIFICATION
PURSUANT TO


SECTION
906 OF THE SARBANES-OXLEY ACT OF 2002





In
connection with the Annual Report of Equicap, Inc. on Form 10-K for the fiscal
year ended June 30, 2009, as filed with the Securities and Exchange Commission
on the date therein specified (the “Report”), I, David Ming He, the Chief
Financial Officer of the company, certify pursuant to 18 C.F.R. Section 1350, as
adopted pursuant to Section 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.           The
information contained in the Report fairly presents, in all material respects,
the financial condition and results of operations of the company.




Date:  September
21, 2009




By:
              /s/ David Ming HeChief
      Financial Officer





This
Certification is being furnished solely to accompany the Report pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley
Act 2002, and shall not be deemed “filed” by the Company for purposes of Section
18 of the Securities Act 1933, as amended, or the Securities Exchange Act of
1934, as amended, whether made before or after the date of this Report,
irrespective of any general incorporation language contained in such filing. A
signed original of this written statement required by Section 906 has been
provided to Equicap, Inc. and will be retained by Equicap, Inc. and furnished to
the Securities and Exchange Commission or its staff upon request.
<PAGE>


                           CENTRAL FEDERAL CORPORATION
                                     Ex-32.2
                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


In connection with the Quarterly Report of Central Federal Corporation (the
"Corporation") on Form 10-QSB for the quarter ended June 30, 2003, as filed with
the Securities and Exchange Commission on the date hereof (the "Report"), I,
Kelley L. Nanna, CPA, Treasurer of the Corporation, certify, pursuant to 18
U.S.C. Section 1350, as adopted pursuant to Section 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) The information contained in this Report fairly presents, in all
            material respects, the financial condition and results of operations
            of the Corporation.


Dated:  August 14, 2003                      By:   /s/ Kelley L. Nanna
                                                   -----------------------------
                                                   Kelley L. Nanna, CPA
                                                   Treasurer
                                                   (Principal Financial Officer)


                                      23.
EXHIBIT
32.1
 
 
 Certification
Pursuant to
 Exchange
Act Rule 15d-14(b) and
 18
U.S.C. Section 1350
 
 In
connection with the Quarterly Report of Astrata Group Incorporated
(the ”Company”) on Form 10-Q for the period ending August 31, 2008, as
filed with the Securities and Exchange Commission on the date hereof (the
“Report”), I, Martin Euler, Chief Executive Officer of the Company,
certify, to the best of my knowledge, pursuant to Exchange Act Rule 15d-14(b)
and 18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes
Oxley Act of 2002, that:
 
 i.
              The
      report fully complies with the requirements of Section 13(a) or 15(d) of
      the Securities Exchange Act 1934;
and
 
 ii.
              The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.
 
 
 A signed
original of this written statement required by Section 906, or other document
authenticating, acknowledging, or otherwise adopting the signature that appears
in typed form within the electronic version of this written statement required
by Section 906, has been provided to Astrata Group Incorporated and will be
retained by Astrata Group Incorporated and furnished to the Securities and
Exchange Commission or its staff upon request.
 
 Dated:  October
      14, 2008
                
                /s/ MARTIN EULERName:
      Martin EulerTitle:
      Chief Executive
Officer