alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2015228EN.01002002.xml

| 13.7.2015 | EN | Official Journal of the European Union | C 228/20 |
| --- | --- | --- | --- |

13.7.2015

EN

Official Journal of the European Union

C 228/20

---

Action brought on 27 April 2015 — Morton’s of Chicago v OHIM — Mortons the Restaurant (MORTON’S)

(Case T-223/15)

(2015/C 228/25)

Language in which the application was lodged: English

Parties

Parties

Applicant: Morton’s of Chicago, Inc. (Chicago, United States) (represented by: J. Moss, lawyer)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Mortons the Restaurant Ltd (London, United Kingdom)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before OHIM

Details of the proceedings before OHIM

Proprietor of the trade mark at issue: The applicant

Proprietor of the trade mark at issue:

Trade mark at issue: Community figurative mark containing the word element ‘MORTON’S’ — Community trade mark registration No 3 951 291

Trade mark at issue:

Procedure before OHIM: Proceedings for a declaration of invalidity

Procedure before OHIM:

Contested decision: Decision of the First Board of Appeal of OHIM of 12 February 2015 in Case R 46/2014-1

Contested decision:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order the Respondent to pay the Proprietor’s costs. |
| --- | --- |

—

order the Respondent to pay the Proprietor’s costs.

Pleas in law

Pleas in law

| — | Infringement of Article 8(4) of Regulation No 207/2009; |
| --- | --- |

—

Infringement of Article 8(4) of Regulation No 207/2009;

| — | Infringement of Article 52(1)(b) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 52(1)(b) of Regulation No 207/2009.

---
# C_2016343EN.01001701.xml

| 19.9.2016 | EN | Official Journal of the European Union | C 343/17 |
| --- | --- | --- | --- |

19.9.2016

EN

Official Journal of the European Union

C 343/17

---

Order of the Court (Fifth Chamber) of 5 July 2016 (request for a preliminary ruling from the Juzgado de Primera Instancia No 11 de Vigo — Spain) — Banco Popular Español SA, PL Salvador SARL v María Rita Giráldez Villar, Modesto Martínez Baz

(Case C-7/16) (1)

1

((Reference for a preliminary ruling - Article 99 of the Rules of Procedure of the Court of Justice - Directive 93/13/EEC - Unfair terms - Assignment of a claim - Right of the debtor to extinguish his debt - Conditions governing the exercise of that right))

(2016/C 343/26)

Language of the case: Spanish

Referring court

Referring court

Juzgado de Primera Instancia No 11 de Vigo

Parties to the main proceedings

Parties to the main proceedings

Applicants: Banco Popular Español SA, PL Salvador SARL

Applicants:

Defendants: María Rita Giráldez Villar, Modesto Martínez Baz

Defendants:

Operative part of the order

Operative part of the order

Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts must be interpreted as meaning that it does not apply to national legislation, such as that at issue in the main proceedings, relating to the right of the person owing a debt that has been assigned by the creditor to a third party to extinguish his debt by reimbursing to that third party the price paid by the latter in respect of that assignment.

---

(1)  OJ C 118, 4.4.2016.

1

---
# C_2015406EN.01003801.xml

| 7.12.2015 | EN | Official Journal of the European Union | C 406/38 |
| --- | --- | --- | --- |

7.12.2015

EN

Official Journal of the European Union

C 406/38

---

Action brought on 28 September 2015 — Kozmetika Afrodita v OHIM — Núñez Martín and Machado Montesinos (KOZMETIKA AFRODITA)

(Case T-574/15)

(2015/C 406/38)

Language in which the application was lodged: Slovene

Parties

Applicant: Kozmetika Afrodita d.o.o. (Rogaška Slatina, Slovenia) (represented by: B. Grešak, lawyer)

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

Other parties to the proceedings before the Board of Appeal: Pedro Nuñez Martín (Madrid, Spain) and Carmen Guillermina Machado Montesinos (Madrid)

Details of the proceedings before OHIM

Applicant for the contested mark: Applicant

Trade mark at issue: Community figurative mark containing the word element ‘KOZMETIKA AFRODITA’ — Registration No 11 798 253

Procedure before OHIM: Opposition proceedings

Contested decision: Decision of the Fourth Board of Appeal of OHIM of 28 July 2015 in Case R 2577/2014-4

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision; |
| --- | --- |

—

annul the contested decision;

| — | order OHIM to pay the costs. |
| --- | --- |

—

order OHIM to pay the costs.

Pleas in law

| — | Infringement of Article 8(1)(b) of Regulation No 207/2009; |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation No 207/2009;

| — | Infringement of Rule 50(2)(h) of Regulation No 2868/95. |
| --- | --- |

—

Infringement of Rule 50(2)(h) of Regulation No 2868/95.

---
IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

: CIVIL ACTION NOS.

:

SEAGO : 02-3873

STANSBERRY : 02-3902

KRUSE : 02-3949

SIGWARTH : 02-3973

POST : 02-4168

BARBER, et al. : 02-4220

BRUNDLE, et al. : 02-4229

PINEDO, et al. : 02-4273

PLAEHN : 02-4324

:

VS. :

:

BAYER CORPORATION, et al. :

O R D E R

AND NOW, this day of July, 2002, the Court having been previously

advised that the above action cannot proceed to trial and disposition because of the following

reason:

[ ] - Order staying these proceedings pending disposition of a related

action.

[ ] - Order staying these proceedings pending determination of

arbitration proceedings.

[ ] - Interlocutory appeal filed.

[ X ] - Other: Case is placed into suspense pending receipt of the Case

Transfer Order from the Judicial Panel on Multi District Litigation

transferring case to District of Minnesota..

It is

ORDERED that the Clerk of Court mark this action closed for statistical purposes and

place the matter in the Civil Suspense File, and it is

Case 2:02-cv-04229-JF Document 2 Filed 07/11/2002 Page 1 of 2
FURTHER ORDERED that the Court shall retain jurisdiction; and that the case be

restored to the trial docket when the action is in a status so that it may proceed to final

disposition; this order shall not prejudice the rights of the parties to this litigation.

BY THE COURT:

________________________________________

John P. Fullam, Judge

Case 2:02-cv-04229-JF Document 2 Filed 07/11/2002 Page 2 of 2
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

SCOTT BLAIR,

Appellant

v.

KAWASAKI RAIL CAR, INC.,

Appellee

______________________

2018-2098

______________________

Appeal from the United States Patent and Trademark 

Office, Patent Trial and Appeal Board in No. IPR2017-

00117.

______________________

JUDGMENT

______________________

DARIUSH KEYHANI, Keyhani LLC, Washington, DC, argued for appellant. 

 SHEILA MORTAZAVI, Hunton Andrews Kurth LLP, New 

York, NY, argued for appellee. Also represented by ZAED 

M. BILLAH, MARK ALEXANDER CHAPMAN, ARMIN GHIAM.

______________________

THIS CAUSE having been heard and considered, it is 
ORDERED and ADJUDGED:

 PER CURIAM (PROST, Chief Judge, NEWMAN and 

CHEN, Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT 

 August 8, 2019 /s/ Peter R. Marksteiner

 Date Peter R. Marksteiner

 Clerk of Court
IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF PENNSYLVANIA 

UNITED STATES OF AMERICA 

V. 

TYRONE DORMAN 

ORDER 

CRIMINAL ACTION 

No. 04-460 

CIVIL ACTION 

No. 16-6259 

AND NOW, this 28th day of January, 2020, upon consideration of Defendant Tyrone 

Dorman's prose Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence By a 

Person in Federal Custody, the Government's opposition thereto, and for the reasons stated in the 

accompanying Memorandum, it is ORDERED the Motion (Document 102) is DENIED. 

A certificate of appealability shall not issue because Dorman has not made a substantial 

showing of the denial of a constitutional right nor demonstrated that reasonable jurists would 

debate the correctness of this ruling. See 28 U.S.C. § 2253(c)(2); Slackv. McDaniel, 529 U.S. 473, 

483-84 (2000). 

The Clerk of Court is DIRECTED to mark the above-captioned cases CLOSED. 

BY THE COURT:
T hi s di s pos i t i on i s notappr opr i a t e f orpubl i c a t i on and i s notpr e c e de nt * e xc e pta s pr ovi de d by9th C i r . R . 36- 3.

T he H onor abl e R ona l d S . W . L e w , S e ni orU ni t e d S t a t e s D i s tr i c tJudge ** f orthe C e ntr a l D i s tr i c tof C a l i f orni a , s i tt i ng byde s i gna t i on. T he pa ne l una ni m ous l yc onc l ude s thi s c a s e i s s ui t abl e f orde c i s i on ** * w ith o u t o r a l a r g u m e n t. See F ed. R . A pp . P . 34 (a )( 2). NOT F OR P UB L I CAT I ON UN I TE D STATE S C OU RT OF APPE ALS FOR T HE NI NTH CI RC UI T UN I T E D S T AT E S OF AME R I C A, P l ai nt i ff

- A pp el l ee , v. C HA D A ND R E W B E R KL E Y, D e f

e n d a n t - A p p e lla n t. N o. 12- 10140 D . C. N o . 4 : 1 1 - c r - 0 2 8 8 4 - D CB ME MOR AN DU M *

A pp ea l fr om the U ni t ed S t at es D i stri ctC ou rt

f orthe D i s tr i c tof

A r i z ona R ona l d S . W . L e w , D i s tr i c tJ udge , P r e s i di ng ** S ubm i tt e d O c t obe r15, 2013 *** B efo re: F IS H E R , G O U L D , an dB Y B E E , C i rcu i tJu d g es. C ha d A ndr e w B e rkl e yappe a l s f r om the di s tr i c tc ourt ’ s j udgm e nta nd c h a lle n g e s h is g u ilty - p le ac o n v ic tio n f o rf a ilu r e to r e g is te ra s as e x o f f e n d e r , in 

# FI LED OC T 21 2013 M OLLY C. DW Y ER, CLERK U . S. C O U R T OF APPE ALS12- 10140 2 vi ol a t i on of

18 U . S . C . § 2250( a ) . W e ha ve j ur i s di c t i on unde r28 U . S . C . § 1291, a n dw e a f

f i rm. B erkl eyar gu es thatthe re gi stra t i on re qu i re m ent s of the S ex O ff ender R e gi s tr a t i on a nd N ot i f

i c a t i on A c t( “ S O RN A ” ) di d notappl yt o hi m w he n he m o v ed fr o m P en n sy lv an ia to A rizo n a in 2 0 1 0 , b ec au se th e A tt o rn ey G en er al’s S M A R T gui de l i ne s , w hi c h m a de the r e qui r e m e nt s r e tr oa c t i ve a s of A ugus t1, 2008, d idn o t c o m p lyw ith th e A d m in is tr a tiv e P r o c e d u r e A c t ( “A P A ” ) . B e rk le y ’s c la im i s f or e c l os e d byourde c i s i on i n U ni te d States v . V

alv e rde , 628 F . 3d 1159, 1164, 1169 ( 9th C i r . 2010) , i n w hi c h w e he l d tha tthe f i na l S M A R T gui de l i ne s i s s ue d on Ju l y2 , 2 0 0 8 , c o m p l i e dwi th th e AP A’ s p r o c e d u r a l r e q u i r e m e n t s a n dth a tS ORNA be c a m e e f

f e c t i ve a ga i ns tof

f e nde r s l i ke B e rkl e y , w ho w e r e c onvi c t e d be f or e the s ta tu te ’s e n a c tm e n t, o n A u g u s t 1 , 2 0 0 8 . Se e U n ite d S ta tes v . M

a ttix , 694 F . 3d 1 0 8 2 , 1 0 8 4 - 8 5 ( 9 th C ir . 2 0 1 2 ) ( p e rc u r ia m ) , ce rt. deni ed , 2 0 1 3 W L 2 4 1 7 7 3 9 ( U . S. O ct . 7, 20 13 ). AF F I RME D.
```

[Federal Register Volume 75, Number 79 (Monday, April 26, 2010)]
[Notices]
[Page 21614]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9649]

[[Page 21614]]

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

DEPARTMENT OF EDUCATION

Investing in Innovation Fund

Catalog of Federal Domestic Assistance (CFDA) Numbers: 84.396A 
(Scale-up grants), 84.396B (Validation grants), and 84.396C 
(Development grants).

AGENCY: Office of Innovation and Improvement, Department of Education.

ACTION: Notice inviting applications for new awards for fiscal year 
(FY) 2010; correction.

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

SUMMARY: On March 12, 2010, the Department of Education published in 
the Federal Register (75 FR 12072) a notice inviting applications for 
new awards for FY 2010 (NIA) for the Investing in Innovation Fund. This 
notice makes a correction to the March 12 NIA.

FOR FURTHER INFORMATION CONTACT: Margo Anderson. Telephone: (202) 453-
7122; or by e-mail: i3@ed.gov; or by mail: (Attention: Investing in 
Innovation), U.S. Department of Education, 400 Maryland Avenue, SW., 
room 4W302, Washington, DC 20202.
    If you use a telecommunications device for the deaf (TDD), call the 
Federal Relay Service (FRS), toll free, at 1-800-877-8339.
    Individuals with disabilities can obtain this document in an 
accessible format (e.g., braille, large print, audiotape, or computer 
diskette) on request to the contact listed in this section.

SUPPLEMENTARY INFORMATION: 

Correction

    On pages 12072 and 12078 of the March 12 NIA, we indicated that the 
Deadline for Transmittal of Applications was May 11, 2010; however, the 
correct deadline is May 12, 2010. To correct this error, the Department 
makes the following correction to the March 12 NIA:
    On page 12072, first column, the Deadline for Transmittal of 
Applications is corrected to read ``May 12, 2010''.
    On page 12078, third column, the Deadline for Transmittal of 
Applications is corrected to read ``May 12, 2010''.

    Program Authority:  Section 14007 of division A of the American 
Recovery and Reinvestment Act of 2009, Pub. L. 111-5, as amended by 
section 307 of division D of the Consolidated Appropriations Act, 
2010, Pub. L. 111-117.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at the following site: 
http://www.ed.gov/news/fedregister/index.html. To use PDF you must have 
Adobe Acrobat Reader, which is available free at this site.

    Note:  The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.gpoaccess.gov/nara/index.html.

    Dated: April 21, 2010.
James H. Shelton III,
Assistant Deputy Secretary for Innovation and Improvement.
[FR Doc. 2010-9649 Filed 4-23-10; 8:45 am]
BILLING CODE 4000-01-P
```
# C_2016136EN.01001502.xml

| 18.4.2016 | EN | Official Journal of the European Union | C 136/15 |
| --- | --- | --- | --- |

18.4.2016

EN

Official Journal of the European Union

C 136/15

---

Request for a preliminary ruling from the Rechtbank Noord-Holland (Netherlands) lodged on 28 January 2016 — Stryker EMEA Supply Chain Services BV v Inspecteur van de Belastingdienst/Douane kantoor Rotterdam Rijnmond

(Case C-51/16)

(2016/C 136/21)

Language of the case: Dutch

Referring court

Referring court

Rechtbank Noord-Holland

Parties to the main proceedings

Parties to the main proceedings

Applicant: Stryker EMEA Supply Chain Services BV

Applicant:

Defendant: Inspecteur van de Belastingdienst/Douane kantoor Rotterdam Rijnmond

Defendant:

Questions referred

Questions referred

| 1. | Should heading 9021 of the CN be interpreted as meaning that implant screws as described in 4 above, which are solely intended to be implanted in the human body for the treatment of fractures or the fixation of prostheses, may be classified thereunder? |
| --- | --- |

1.

Should heading 9021 of the CN be interpreted as meaning that implant screws as described in 4 above, which are solely intended to be implanted in the human body for the treatment of fractures or the fixation of prostheses, may be classified thereunder?

| 2. | Is Regulation No 1212/2014 (1) valid? |
| --- | --- |

2.

Is Regulation No 1212/2014 (1) valid?

1

---

(1)  Commission Implementing Regulation (EU) No 1212/2014 of 11 November 2014 concerning the classification of certain goods in the Combined Nomenclature (OJ 2014 L 329, p. 3).

1

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

<ARTICLE> UT
<LEGEND>
THIS SCHEDULE CONTAINS SUMMARY FINANCIAL INFORMATION EXTRACTED FROM THE BALANCE
SHEET AND INCOME STATEMENT FOR THE COMPANY FOR THE NINE MONTHS ENDED JUNE 30,
2000, AND IS QUALIFIED IN ITS ENTIRETY BY REFERENCE TO THE COMPANY'S FORM 10-Q
FOR THE NINE MONTHS ENDED JUNE 30, 2000.
</LEGEND>
<MULTIPLIER> 1,000

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          SEP-30-2000
<PERIOD-START>                             OCT-01-1999
<PERIOD-END>                               JUN-30-2000
<BOOK-VALUE>                                  PER-BOOK
<TOTAL-NET-UTILITY-PLANT>                      128,117
<OTHER-PROPERTY-AND-INVEST>                      1,786
<TOTAL-CURRENT-ASSETS>                          24,563
<TOTAL-DEFERRED-CHARGES>                         1,402
<OTHER-ASSETS>                                   5,813
<TOTAL-ASSETS>                                 161,681
<COMMON>                                            49
<CAPITAL-SURPLUS-PAID-IN>                       18,901
<RETAINED-EARNINGS>                             49,906
<TOTAL-COMMON-STOCKHOLDERS-EQ>                  68,856
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<LONG-TERM-DEBT-NET>                            55,222
<SHORT-TERM-NOTES>                                   0
<LONG-TERM-NOTES-PAYABLE>                            0
<COMMERCIAL-PAPER-OBLIGATIONS>                       0
<LONG-TERM-DEBT-CURRENT-PORT>                    2,795
<PREFERRED-STOCK-CURRENT>                            0
<CAPITAL-LEASE-OBLIGATIONS>                          0
<LEASES-CURRENT>                                     0
<OTHER-ITEMS-CAPITAL-AND-LIAB>                  34,808
<TOT-CAPITALIZATION-AND-LIAB>                  161,681
<GROSS-OPERATING-REVENUE>                       59,895
<INCOME-TAX-EXPENSE>                             4,663
<OTHER-OPERATING-EXPENSES>                      43,484
<TOTAL-OPERATING-EXPENSES>                      48,147
<OPERATING-INCOME-LOSS>                         11,748
<OTHER-INCOME-NET>                               (223)
<INCOME-BEFORE-INTEREST-EXPEN>                  11,525
<TOTAL-INTEREST-EXPENSE>                         3,631
<NET-INCOME>                                     7,894
<PREFERRED-STOCK-DIVIDENDS>                          0
<EARNINGS-AVAILABLE-FOR-COMM>                    7,894
<COMMON-STOCK-DIVIDENDS>                         3,530
<TOTAL-INTEREST-ON-BONDS>                        4,378<F1>
<CASH-FLOW-OPERATIONS>                          12,153
<EPS-BASIC>                                       1.61
<EPS-DILUTED>                                     1.60
<FN>
<F1>Total interest on bonds represents annual interest expense to be incurred
during fiscal year 2000 on long-term debt outstanding under first mortgage
bonds and long-term secured notes.
</FN>


</TABLE>
Case 2:04-cv-03994-ER Document 15-1 Filed 08/23/05 Page 1 of 1
Exhibit 32.2

CERTIFICATION

Pursuant
to the requirement set forth in Rule 13a-14(b) of the Securities Exchange Act of 1934, as amended (the Exchange Act), and Section 1350 of Chapter 63 of Title 18 of the United States Code (18 U.S.C. §1350), Mike Burns,
Chief Financial Officer of Volterra Semiconductor Corporation (the Company), hereby certifies that, to the best of his knowledge:

1. The Companys Quarterly Report on Form 10-Q for the period ended June 30, 2010, to which this Certification is attached as Exhibit 32.2
(the Quarterly Report) fully complies with the requirements of Section 13(a) or Section 15(d) of the Exchange Act, and

2. The information contained in the Quarterly Report fairly presents, in all material respects, the financial condition and results of operations of the
Company.

In Witness Whereof, the undersigned has set his hand hereto as of the
2ndday of August, 2010.



|    |  |                                   
|--- |  | ----------------------------------
|By: |  | /s/ Mike Burns                    
|    |  | Mike Burns Chief Financial
Officer

This certification accompanies the Form 10-Q to which it relates, is not deemed filed with the Securities and
Exchange Commission and is not to be incorporated by reference into any filing of Volterra Semiconductor Corporation under the Securities Act of 1933, as amended, or the Securities Exchange Act of 1934, as amended (whether made before or after the
date of the Form 10-Q), irrespective of any general incorporation language contained in such filing.
EXHIBIT
5  CERTIFICATION
PURSUANT TO
RULE 13a-14(a) OR RULE 15d-14(a) OF THE
SECURITIES EXCHANGE ACT OF 1934  I, Gordon J. Kerr, certify that:  1.I
have reviewed this annual report on Form 40-F of Enerplus Resources Fund;  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 issuer as of, and for, the
periods presented in this report;  4.The issuers
other certifying officer(s) 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 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 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 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; and  (c)Disclosed in this
report any change in the issuers internal control over financial reporting
that occurred during the period covered by the annual report that has
materially affected, or is reasonably likely to materially affect, the issuers
internal control over financial reporting; and  5.The issuers
other certifying officer(s) and I have disclosed, based on our most recent
evaluation of internal control over financial reporting, to the issuers
auditors and the audit committee of the issuers board of directors (or persons
performing the equivalent functions):  (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 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 issuers internal control over financial reporting.  Date: April 22, 2004
  /s/ Gordon J. KerrGordon J. KerrPresident and Chief Executive Officer of
  EnerMark Inc.