alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2013129EN.01001803.xml

| 4.5.2013 | EN | Official Journal of the European Union | C 129/18 |
| --- | --- | --- | --- |

4.5.2013

EN

Official Journal of the European Union

C 129/18

---

Judgment of the General Court of 20 March 2013 — El Corte Inglés v OHIM — Chez Gerard (CLUB GOURMET)

(Case T-571/11) (1)

1

(Community trade mark - Opposition proceedings - Application for Community word mark CLUB GOURMET - Earlier national figurative mark CLUB DEL GOURMET, EN. El Corte Inglés - Relative ground for refusal - Lack of similarity between the goods and services - Article 8(1)(b) of Regulation (EC) No 207/2009 - Arguments and evidence adduced for the first time before the General Court)

2013/C 129/36

Language of the case: Spanish

Parties

Parties

Applicant: El Corte Inglés, SA (Madrid, Spain) (represented by: E. Seijo Veiguela and J.L. Rivas Zurdo, lawyers)

Applicant:

Defendant: Office for Harmonisation in the Internal Market (Trade Marks and Designs) (represented by: Ó. Mondéjar Ortuño, Agent)

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM: Groupe Chez Gerard Restaurants Ltd (London, United Kingdom)

Other party to the proceedings before the Board of Appeal of OHIM:

Re:

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 28 July 2011 (Case R 1946/2010-1) relating to opposition proceedings between El Corte Inglés, SA and Groupe Chez Gerard Restaurants Ltd.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action.

| 2. | Orders El Corte Inglés, SA to pay the costs. |
| --- | --- |

2.

Orders El Corte Inglés, SA to pay the costs.

---

(1)  OJ C 13, 14.1.2012.

1

---
Argued and submitted April 27,

reversed and remanded for reconsideration November 29, 1995,

petition for review denied January 23, 1996 (322 Or 489)

#### WILLIAM FRANKLIN HALL, *Petitioner, v.*BOARD OF PAROLE AND POST-PRISON SUPERVISION, *Respondent.*

(CA A84472)

906 P2d 309

Eric M. Cumfer argued the cause for petitioner. On the brief were Sally L. Avera, Public Defender, and Andy Simrin, Deputy Public Defender.

Robert K. Lau, Assistant Attorney General, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

Before Deits, Presiding Judge, and De Muniz and Hasel-ton, Judges.

PER CURIAM

*178PER CURIAM

Petitioner seeks judicial review of an order of the Board of Parole and Post-Prison Supervision (Board), arguing that the Board erred in imposing a parole supervision term of 163 months based on ORS 144.085(l)(c). Petitioner argues that the statute is not applicable because his crimes were committed in May 1987, and the statute applies only to crimes committed after September 29, 1991. We agree. *Fernandez v. Board of Parole,*137 Or App 247, 904 P2d 1071 (1995).

Petitioner also argues that the Board’s retroactive application of the sexual offender notification statute to him was a violation of the state and federal *ex post facto*clauses. We disagree. *Williford v. Board of Parole,*137 Or App 254, 904 P2d 1074 (1995). Petitioner’s remaining assignments of error do not require discussion.

Reversed and remanded for reconsideration.
UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

TINA L. HENDERSON, as personal 

representative to the ESTATE OF OTIS 

HENDERSON,

Plaintiff, Case Number 15-10807 

Honorable David M. Lawson

v.

CITY OF DETROIT, 

and EDWARD JACKSON,

Defendants.

____________________________________/

ORDER GRANTING IN PART THE PLAINTIFF’S MOTION IN LIMINE, DENYING

THE DEFENDANT’S MOTION IN LIMINE, AND DENYING WITHOUT PREJUDICE

THE PLAINTIFF’S MOTION FOR JUDICIAL NOTICE OF CONSENT DECREE

These matters are before the Court on the plaintiff’s motion in limine, the defendant’s motion

in limine, and the plaintiff’s motion for judicial notice of a consent decree. The Court has reviewed

the parties’ submissions and heard oral argument on June 13, 2016. During the hearing, the Court

announced from the bench its decision to grant in part the plaintiff’s motion in limine, deny the

defendant’s motion in limine, and deny without prejudice the plaintiff’s motion to take judicial

notice of a consent decree.

Accordingly, it is ORDERED that the plaintiff’s motion in limine [dkt. #43] is GRANTED

IN PART for the reasons stated on the record. The defendant may not offer evidence of the

plaintiff’s decedent’s criminal record prior to the night of the shooting, the plaintiff’s decedent’s

alleged past use of drugs and alcohol prior to the events leading up to the shooting, and any

allegations that the plaintiff’s decedent’s children were born out of wedlock. 

2:15-cv-10807-DML-MJH Doc # 57 Filed 06/14/16 Pg 1 of 2 Pg ID 736
It is further ORDERED that the defendant may not call Edward Ritnenour to testify as an

expert witness at trial.

It is further ORDERED that the defendant’s motion in limine [dkt. #44] is DENIED for the

reasons stated on the record.

It is further ORDERED that the plaintiff’s motion for judicial notice of consent decree [dkt.

# 51] is DENIED WITHOUT PREJUDICE for the reasons stated on the record.

s/David M. Lawson 

DAVID M. LAWSON

United States District Judge

Dated: June 14, 2016

PROOF OF SERVICE

The undersigned certifies that a copy of the foregoing order was served

upon each attorney or party of record herein by electronic means or first

class U.S. mail on June 14, 2016.

s/Susan Pinkowski 

SUSAN PINKOWSKI

-2-

2:15-cv-10807-DML-MJH Doc # 57 Filed 06/14/16 Pg 2 of 2 Pg ID 737
exhibit 10.1




Exhibit 10.1







[FM Services Company Letterhead]




January 3, 2005










B. M. Rankin, Jr.

300 Crescent Court, Suite 875

Dallas, Texas 75201




Dear Mr. Rankin:




The purpose of this letter is to confirm the automatic renewal of your Consulting Agreement dated January 1, 1991, as amended (the “Agreement”).




Your contract will automatically renew for an additional one-year period beginning January 1, 2005, and ending December 31, 2005. All other terms and conditions of the Agreement shall remain the same.




Please confirm that the foregoing correctly sets forth your understanding with respect to this matter by signing both originals of this letter and returning one to me.







Very truly yours,




/s/ Richard C. Adkerson 




Richard C. Adkerson

Chairman of the Board

President

FM Services Company










AGREED TO AND ACCEPTED







BY:   /s/ B. M. Rankin, Jr.                     1/19/05

          B. M. Rankin, Jr.      Date
UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF MICHIGAN 

DAVID and MARY TATARIAN 

 Plaintiff, 

vs. Case No.: 14-13967 

Hon. Victoria A. Roberts 

STILLMAN LAW OFFICE, 

 Defendant.

__________________________________________/ 

ORDER OF DISMISSAL WITH PREJUDICE 

This parties having stipulated and agreed to a Dismissal with Prejudice of 

Defendant LAW OFFICES OF MICHAEL R. STILLMAN, P.C., a/k/a STILLMAN 

LAW OFFICE, from the within action, and this Honorable Court being fully advised in 

the premises; 

IT IS HEREBY ORDERED that Defendant LAW OFFICES OF MICHAEL R. 

STILLMAN, P.C., a/k/a STILLMAN LAW OFFICE, is DISMISSED with Prejudice, 

with no costs assessed as to either party. 

IT IS SO ORDERED. 

 S/Victoria A. Roberts

 U.S. DISTRICT COURT JUDGE 

Dated: October 14, 2015 

Case 2:14-cv-13967-VAR-RSW ECF No. 10 filed 10/14/15 PageID.33 Page 1 of 1
<TABLE> <S> <C>


<ARTICLE>                     5
<LEGEND>
THIS  SCHEDULE  CONTAINS  INFORMATION  EXTRACTED  FROM THE  BALANCE  SHEETS  AND
STATEMENTS OF OPERATIONS OF THE COMPANY'S  FORM 10-K FOR THE YEAR ENDED DECEMBER
31, 1997,  RESTATED  FINANCIAL  INFORMATION FOR THE TWELVE MONTHS ENDED DECEMBER
31,  1996 AND IS  QUALIFIED  IN ITS  ENTIRETY  BY  REFERENCE  TO SUCH  FINANCIAL
STATEMENTS.
</LEGEND>                       
<MULTIPLIER>1,000                                   

       
<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                              DEC-31-1996
<PERIOD-START>                                 JAN-01-1996
<PERIOD-END>                                   DEC-31-1996
<CASH>                                               2,250
<SECURITIES>                                        17,668
<RECEIVABLES>                                           60<F1> 
<ALLOWANCES>                                             0
<INVENTORY>                                            340<F1>
<CURRENT-ASSETS>                                    20,574
<PP&E>                                               1,429<F2>
<DEPRECIATION>                                           0
<TOTAL-ASSETS>                                      22,040
<CURRENT-LIABILITIES>                                1,485
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                            33,305
<OTHER-SE>                                             (58)
<TOTAL-LIABILITY-AND-EQUITY>                        22,040
<SALES>                                                 64
<TOTAL-REVENUES>                                        64
<CGS>                                                  668    
<TOTAL-COSTS>                                          668
<OTHER-EXPENSES>                                     4,551<F3>
<LOSS-PROVISION>                                         0
<INTEREST-EXPENSE>                                      51
<INCOME-PRETAX>                                     (8,780)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                                 (8,780)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0  
<NET-INCOME>                                        (8,780)
<EPS-PRIMARY>                                        (1.36)
<EPS-DILUTED>                                        (1.36)
<FN>
<F1>ITEM SHOWN NET OF ALLOWANCES, CONSISTENT WITH THE BALANCE
    SHEET PRESENTATION.
<F2>ITEM SHOWN NET OF DEPRECIATION, CONSISTENT WITH THE BALANCE
    SHEET PRESENTATION.
<F3>ITEM CONSISTS OF RESEARCH AND DEVELOPMENT.
</FN>
        

</TABLE>
#### The People of the State of New York *ex rel.*James Hunter *v.*The Board of Fire Commissioners of the Fire Department of the City of New York, *Respondents*.

Proceedings reversed, with costs. Opinion by

Davis, P. J.
​
Exhibit 10.3
​
​
FIRST AMENDMENT TO THE 
MERIT MEDICAL SYSTEMS, INC. 2019 EXECUTIVE BONUS PLAN
​
This First Amendment to the Merit Medical Systems, Inc. 2019 Executive Bonus Plan (this “Amendment”) is adopted effective June 22, 2020 by Merit Medical Systems, Inc., a Utah corporation (the “Company”).
​
WHEREAS, the Company previously adopted and currently maintains the Merit Medical Systems, Inc. 2019 Executive Bonus Plan (as may be amended from time to time, the “Plan”);
​
WHEREAS, capitalized terms used but not otherwise defined herein shall have the meanings set forth in the Plan;
​
WHEREAS, the Plan may be amended by the Compensation Committee of the Company’s Board of Directors (the “Compensation Committee”); and
​
WHEREAS, in light of the effects of the COVID-19 pandemic on the Company and its business, the Compensation Committee has (i) determined that it is necessary and desirable to amend the provisions of the Plan related to the timing of the determination of Target Award Amounts and Performance Goals and the grant of Awards under the Plan, and (ii) approved this amendment to the Plan;
​
NOW THEREFORE, the Plan is hereby amended as follows:
​
1.Section 5(a) of the Plan, relating to the determination of Target Award Amounts and Performance Goals under the Plan and the grant of Awards, is amended to add the following sentence at the end thereof:
​
“Notwithstanding the foregoing, with respect to the Company’s 2020 fiscal year, the Committee may at any time not later than July 31, 2020: (i) grant Awards and provide notices thereof for the Performance Period ending on December 31, 2020; and (ii) establish and determine the applicable Performance Criteria, Performance Goals, Target Award Amounts for each Participant, relative percentage weighting of such Performance Criteria, and formula for computation of the applicable Award amounts for the Performance Period ending December 31, 2020.”
​
2.Section 5(b)(vi) of the Plan, relating to the adjustment or modification of previously-set Performance Goals under the Plan, is amended in its entirety to read as follows:
​
“(vi) such events as are set forth in the Award Notice or such other events as determined by the Board or the Committee, in their sole discretion.”
​
		3.	Except as set forth herein, the Plan is hereby ratified and confirmed in all respects.

​
[Signature page follows]
​



​
IN WITNESS WHEREOF, the Company has caused this Amendment to be executed by its duly authorized officer effective the 22nd day of June, 2020.  
​
	​


	​


	​



	​
	​
	MERIT MEDICAL SYSTEMS, INC.
​

	​
	​
	By: /s/ Fred P. Lampropoulos

	​
	​
	Name: Fred P. Lampropoulos

	​
	​
	Title: President and Chief Executive Officer



​
<TABLE> <S> <C>

<ARTICLE>                     5
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM BALANCE 
SHEET AND STATEMENT OF OPERATIONS AS OF DECEMBER 31, 1997 AND IS QUALIFIED IN 
ITS ENTIRETY BY REFERENCE TO SUCH 10-KSB FOR FISCAL YEAR ENDED DECEMBER 31,1997.
</LEGEND>
       
<S>                                           <C>
<PERIOD-TYPE>                                         YEAR
<FISCAL-YEAR-END>                              DEC-31-1998
<PERIOD-START>                                 JAN-01-1998
<PERIOD-END>                                   DEC-31-1998
<CASH>                                           6,343,599
<SECURITIES>                                             0
<RECEIVABLES>                                    1,984,987
<ALLOWANCES>                                       132,500
<INVENTORY>                                          2,475
<CURRENT-ASSETS>                                 8,593,187
<PP&E>                                           3,529,488
<DEPRECIATION>                                   1,069,832
<TOTAL-ASSETS>                                  14,149,941
<CURRENT-LIABILITIES>                              740,250
<BONDS>                                                  0
<PREFERRED-MANDATORY>                                    0
<PREFERRED>                                              0
<COMMON>                                        26,575,627
<OTHER-SE>                                               0
<TOTAL-LIABILITY-AND-EQUITY>                    14,149,941
<SALES>                                          7,781,280
<TOTAL-REVENUES>                                 7,781,280
<CGS>                                               82,135
<TOTAL-COSTS>                                       82,135
<OTHER-EXPENSES>                                16,722,265
<LOSS-PROVISION>                                   917,438
<INTEREST-EXPENSE>                                       0
<INCOME-PRETAX>                                 (8,587,639)
<INCOME-TAX>                                             0
<INCOME-CONTINUING>                             (8,587,639)
<DISCONTINUED>                                           0
<EXTRAORDINARY>                                          0
<CHANGES>                                                0
<NET-INCOME>                                    (8,587,639)
<EPS-PRIMARY>                                        (1.41)
<EPS-DILUTED>                                        (1.41)
        

</TABLE>
Electronically Filed 

Supreme Court 

SCAD-11-0000358 

23-MAY-2011 

09:54 AM 

SCAD-11-0000358 

IN THE SUPREME COURT OF THE STATE OF HAWAI'I 

OFFICE OF DISCIPLINARY COUNSEL, Petitioner,
 

vs.
 

VICKERY J. RUSSELL, Respondent.
 

ORIGINAL PROCEEDING
 

(ODC 09-108-8831, 09-109-8832, 09-110-8833, 09-111-8834)
 

ORDER OF DISBARMENT
 

(By: Recktenwald, C.J., Nakayama, Acoba, Duffy, and McKenna, JJ.)
 

Upon consideration of the Disciplinary Board’s report 

and recommendation to disbar Respondent Vickery J. Russell, 

Russell’s lack of objection thereto, and the record, it appears 

that in the representation of three clients and the investigation 

of the complaints, Russell violated Hawai'i Rules of Professional 

Conduct Rule 1.3, Rule 1.4(a), Rule 1.15(a)(1), Rule 1.15(c), 

Rule 1.15(d), Rule 1.15(f)(3), Rule 1.16(d), Rule 3.4(e), Rule 

8.4(a), Rule 8.4(c), and Rule 8.4(d), as well as Rules of the 

Supreme Court of the State of Hawai'i (RSCH) Rule 17(d)(1). It 

further appears that the Respondent Vickery J. Russell cannot be 

found within the State and that she no longer maintains a 

practice in Hawai'i and, therefore, the disbarment effective 

thirty (30) days after the entry of this order, pursuant to RSCH 

Rule 2.16(c), would serve no purpose. Therefore, 

IT IS HEREBY ORDERED that Respondent Russell is 

disbarred from the practice of law in the State of Hawai'i 
effective, notwithstanding Rule 2.16(c) of the Rules of the 

Supreme Court of the State of Hawai'i, immediately upon entry of 

this order. 

IT IS FURTHER ORDERED that, as a condition of
 

reinstatement, in addition to the requirements of RSCH Rule 2.16,
 

Russell shall pay restitution as follows:
 

To Alan Cabos, the amount of $2,000.00;
 

To Charlene P. Kuhia, the amount of $7,500.00; and
 

To James Wayne Shamblin, the amount of $4,500.00.
 

IT IS FURTHER ORDERED that, in addition to any other
 

requirements for reinstatement imposed by the Rules of the 

Supreme Court of the State of Hawai'i, Respondent Russell shall 

pay all costs of these proceedings as approved upon timely 

submission of a bill of costs and an opportunity to respond 

thereto, as prescribed by RSCH Rule 2. 

DATED: Honolulu, Hawai'i, May 23, 2011. 

/s/ Mark E. Recktenwald 

/s/ Paula A. Nakayama 

/s/ Simeon R. Acoba, Jr. 

/s/ James E. Duffy, Jr. 

/s/ Sabrina S. McKenna 

2
#### § 167.15-10 Application for annual inspection.

Application in writing for the annual inspection of every nautical school ship required to be inspected by law and the regulations in this part shall be made by the master, owner, or agent to the Officer in Charge, Marine Inspection, at any local Marine Inspection Office, U.S. Coast Guard, where the nautical school ship may be operating. The application shall be on Form CG 3752, Application for Inspection of U.S. Vessel, which requires information on name and type of vessel, nature of employment and route in which to be operated, place where and date when the vessel may be inspected, and that no other application has been made to any Officer in Charge, Marine Inspection, since the issuance of the last valid certificate of inspection.

[CGFR 51-11, 16 FR 3218, Apr. 12, 1951, as amended by CGFR 64-19, 29 FR 7361, June 5, 1964]
[Federal Register Volume 72, Number 67 (Monday, April 9, 2007)]
[Notices]
[Page 17566]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1730]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Notice of Establishment; Pursuant to the Federal Advisory 
Committee Act, as Amended (5 U.S.C. Appendix 2), the Director, National 
Institutes of Health (NIH), Announces the Establishment of the Council 
of Councils (Council)

    The Council shall provide advice and recommendations to the 
Director, NIH, or other appropriate delegated officials on matters 
related to the policies and activities of the Division of Program 
Coordination, Planning, and Strategic Initiatives including making 
recommendations with respect to the conduct and support of research 
that represents important areas of emerging scientific opportunities, 
rising public health challenges, or knowledge gaps that deserve special 
emphasis and would benefit from conducting or supporting additional 
research that involves collaboration between two or more national 
research institutes or national centers, or would otherwise benefit 
from strategic coordination and planning.
    Duration of this committee is two years from the date the Charter 
is filed.

    Dated: March 29, 2007.
Elias A. Zerhouni,
Director, National Institutes of Health.
[FR Doc. 07-1730 Filed 4-6-07; 8:45 am]
BILLING CODE 4140-01-M
##### 



1.
    
    I have reviewed this report on Form 10-QSB of Central Federal Corporation;2.
    
    Based on my knowledge, this report does not contain any untrue statement of a material
fact or omit to state a material fact necessary to make the statements made, in light of
the circumstances under which such statements were made, not misleading with respect to the
period covered by this report;3.
    
    Based on my knowledge, the financial statements, and other financial information
included in this report, fairly present in all material respects the financial condition,
results of operations and cash flows of the small business issuer as of, and for, the
periods presented in this report;4.
    
    The small business issuers other certifying officer and I are responsible for
establishing and maintaining disclosure controls and procedures (as defined in Exchange Act
Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have:
 a)
    
    Designed such disclosure controls and procedures, or caused such
disclosure controls and procedures to be designed under our supervision, to ensure
that material information relating to the small business issuer, including its
consolidated subsidiaries, is made known to us by others within those entities,
particularly during the period in which this report is being prepared;b)
    
    Evaluated the effectiveness of the small business issuers disclosure
controls and procedures and presented in this report our conclusions about the
effectiveness of the disclosure controls and procedures, as of the end of the
period covered by this report based on such evaluation; andc)
    
    Disclosed in this report any change in the small business issuers
internal control over financial reporting that occurred during the small business
issuers most recent fiscal quarter that has materially affected, or is reasonably
likely to materially affect, the small business issuers internal control over
financial reporting; and
 5.
    
    The small business issuers other certifying officer and I have disclosed, based on our
most recent evaluation of internal control over financial reporting, to the small business
issuers auditors and the audit committee of the small business issuers board of
directors:
 a)
    
    All significant deficiencies and material weaknesses in the design or
operation of internal control over financial reporting which are reasonably likely
to adversely affect the small business issuers ability to record, process,
summarize and report financial information; and
 b)
    
    Any fraud, whether or not material, that involves management or other
employees who have a significant role in the small business issuers internal
control over financial reporting.
 Date: August 11, 2006
    /s/ Mark S. AllioMark S. AllioChairman of the Board, President
and Chief Executive Officer