alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2014395EN.01004201.xml

| 10.11.2014 | EN | Official Journal of the European Union | C 395/42 |
| --- | --- | --- | --- |

10.11.2014

EN

Official Journal of the European Union

C 395/42

---

Judgment of the General Court of 25 September 2014 — Ted-Invest v OHIM — Scandia Down (sensi scandia)

(Case T-516/12) (1)

((Community trade mark - Invalidity proceedings - Community figurative mark sensi scandia - Earlier Community word mark SCANDIA HOME - Relative ground for refusal - Likelihood of confusion - Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009))

(2014/C 395/51)

Language of the case: English

Parties

Applicant: Ted-Invest EOOD (Plovdiv, Bulgaria) (represented by: A. Ivanova, lawyer)

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

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: Scandia Down LLC (Weehawken, New Jersey, United States) (represented by: G. Farrington, solicitor)

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 6 September 2012 (Case R 2247/2011-1), relating to invalidity proceedings between Scandia Down LLC and Ted-Invest EOOD

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Ted-Invest EOOD to pay the costs. |
| --- | --- |

2.

Orders Ted-Invest EOOD to pay the costs.

---

(1)  OJ C 32, 2.2.2013.

---
exv10w23



 





Exhibit 10.23




THIRD AMENDMENT TO

ACQUISITION AND CONSULTING AGREEMENT




     THIS
THIRD AMENDMENT (“Third Amendment”) is made this 31st day of December, 2007, by and
between MAB Resources LLC (“MAB”) and PetroHunter Energy Corporation (“PetroHunter”), and is an
amendment to that certain Acquisition and Consulting Agreement between MAB and PetroHunter, dated
effective January 1, 2007, as amended by the First Amendment,
dated October 29, 2007, and the Second
Amendment dated November 15, 2007 (collectively, the “Original Agreement”). The Parties agree as
follows:



     1. Reduction of Amount Due Under Note: The principal amount due to MAB pursuant to
the new promissory note (in the face amount of $2 million, the “Note”), which was executed by
PetroHunter and delivered to MAB pursuant to Section 1(d) of the Second Amendment, is hereby
reduced to $1,459,088.75, by the following amounts:




     (a)
Adjustment for Galaxy Operating Expenses: Pursuant to MAB’s guarantee of
the performance of Galaxy Energy Corporation’s (“Galaxy”) obligations under that certain
Purchase and Sale Agreement between PetroHunter and Galaxy, dated
December 29, 2006 (the
“Galaxy PSA”), the balance due to MAB under the Note shall be reduced by $343,183 (as of
September 30, 2007), for costs incurred by PetroHunter under the Galaxy PSA, as such costs
are set forth in Schedule 1, attached hereto, and $41,221.34 for interest.




     (b) Adjustment for Paleo Receivable: MAB has advised PetroHunter that MAB and
PaleoTechnology International, Inc. (“Paleo”) have entered into an agreement or intend to
enter into an agreement which will provide certain consideration to MAB (the “Paleo
Consideration”) for MAB’s assumption of Paleo’s obligation to PetroHunter, and Paleo’s
assignment of such obligation to MAB. In the amount of $156,506.91 (the “Paleo
Receivable”). Therefore, MAB hereby agrees to assume the Paleo Receivable and the Note
shall be reduced by said amount. Such adjustment and reduction shall apply regardless of
the amount of the Paleo Consideration and regardless of whether MAB actually received the
Paleo Consideration or receives it in the future.



     2. MAB
Consulting: Effective January 1, 2007, the parties have terminated Section 5
of the Original Agreement (except Subsection 5(f)), and both parties waive and fully relinquish
all related rights and obligations, effective as of January 1,
2007, including without limitation
the monthly consulting fee to MAB in the amount of $25,000.



     3. Defined Terms: The defined terms in the Original Agreement shall apply to this
Third Amendment.



     4. Original Agreement: Except as expressly stated herein, the Original Agreement
shall remain in full force and effect.



     IN WITNESS WHEREOF, the Parties have executed this Third Amendment as of the date first
stated above.



	 	 	 	 	 	 	 	 	 	 	 
	MAB RESOURCES LLC	 	 	 	PETROHUNTER ENERGY CORPORATION	 	 
	 
	 	 	 	 	 	 	 	 	 	 
	By:

	 	/s/ Marc A. Bruner
	 	 	 	By:
	 	/s/ D. Brody	 	 
	 

	 	 

Marc A. Bruner, President
	 	 	 	 	 	 

Title: VP & General Counsel
# C_2013252EN.01003001.xml

| 31.8.2013 | EN | Official Journal of the European Union | C 252/30 |
| --- | --- | --- | --- |

31.8.2013

EN

Official Journal of the European Union

C 252/30

---

Judgment of the General Court of 11 July 2013 — Metropolis Inmobiliarias y Restauraciones v OHIM — MIP Metro (METRO)

(Case T-197/12) (1)

1

(Community trade mark - Opposition proceedings - Application for the Community figurative mark METRO - Earlier Community figurative mark GRUPOMETROPOLIS - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 - Right to a fair hearing - Article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms - Articles 75 and 76 of Regulation (EC) No 207/2009)

2013/C 252/48

Language of the case: German

Parties

Parties

Applicant: Metropolis Inmobiliarias y Restauraciones (Barcelona, Spain) (represented by: J. Carbonell Callicó, lawyer)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal of OHIM, intervener before the General Court: MIP Metro Group Intellectual Property GmbH & Co. KG (Düsseldorf, Germany) (represented by: J.-C. Plate and R. Kaase, lawyers)

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

Re:

Re:

Action brought against the decision of the First Board of Appeal of OHIM of 1 March 2012 (Case R 2440/2010-1), relating to opposition proceedings between Metropolis Inmobiliarias y Restauraciones, SL and MIP Metro Group Intellectual Property GmbH & Co. KG.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders Metropolis Inmobiliarias y Restauraciones, SL to pay the costs. |
| --- | --- |

2.

Orders Metropolis Inmobiliarias y Restauraciones, SL to pay the costs.

---

(1)  OJ C 209, 14.7.2012.

1

---
#### BEVERLY ENTERPRISES-FLORIDA, INC., etc., Petitioner, v. Bonnie OLVERA, Respondent.

No. 99-354.

District Court of Appeal of Florida, Fifth District.

June 18, 1999.

George F. Indest, III, and Sheila Ra-maswamy, of UngerSwartwood, Latham & Indest, P.A., Orlando, for Petitioner.

Melvin B. Wright of Morgan, Colling & Gilbert, P.A., Orlando,for Respondent.

PER CURIAM.

Beverly Enterprises-Florida, Inc., d/b/a Longwood Health Care Center (Long-*590wood), requests certiorari review of an interlocutory order compelling discovery of notes prepared by Longwood’s director of nursing regarding a hip fracture sustained by Bonnie Olvera as she was being transferred from her bed to a wheelchair. The nursing director took notes and prepared an incident report during investigation of the injury. The notes were taken as part of an internal investigation of the incident and as part of a risk management investigation. The notes were not made a part of the incident report but were kept in a folder with statements on all other risk management investigations.

We conclude that the notes were prepared in anticipation of possible litigation and are privileged and protected unless Olvera can show a need for them and can establish an inability to obtain equivalent materials without undue hardship. *See, Alachua General Hospital v. Zimmer, USA Inc.,*403 So.2d 1087 (Fla. 1st DCA 1981) (an investigator cannot be required, in a discovery deposition, to reveal, the contents of communications prepared in anticipation of litigation or reports relating to circumstances of incident or investigation thereof, absent proof of need and inability to obtain the materials without undue hardship).

We grant Longwood’s petition, issue the writ and quash the order compelling production of the nursing director’s notes.

PETITION GRANTED; WRIT ISSUED.

W. SHARP, PETERSON and ANTOON, JJ., concur.
An official website of the United States government         Here's how you know         
**Official websites use .mil**
A **.mil** website belongs to an official U.S. Department of Defense organization in the United States.
**Secure .mil websites use HTTPS**
 A **lock (lock )** or **https://** means you’ve safely connected to the .mil website. Share sensitive information only on official, secure websites.

Skip to main content (Press Enter).

Defense Logistics AgencyThe Nation's Combat Logistics Support Agency

Search
Search

Search

-  Home		 
-  What DLA Offers    -  Excess Property Disposal             
  -  Document Services             
  -  Products             
  -  Services             
  -  Programs 
-  Working With DLA    -  Applications             
  -  Small Business             
  -  Federal and International Cataloging             
  -  Defense Data Standards             
  -  Events             
  -  Procurement Policies             
  -  Government Programs             
  -  Forms 
-  Organizations    -  DLA Headquarters             
  -  DLA Aviation             
  -  DLA Disposition Services             
  -  DLA Distribution             
  -  DLA Energy             
  -  DLA Land and Maritime             
  -  DLA Troop Support             
  -  DLA CENTCOM & SOCOM             
  -  DLA Europe & Africa             
  -  DLA Indo-Pacific 
-  Customer Support    -  Self Help Tools             
  -  How to Order             
  -  Find Your Order             
  -  Customer Facing Offices             
  -  Training             
  -  Brochures             
  -  Warfighter Support             
  -  Customer Service Management 
-  Careers		 
-  About DLA    -  Contact Us             
  -  Locations             
  -  Leaders             
  -  News             
  -  History             
  -  Media Gallery             
  -  DLA Campaigns 

HomeAbout DLANewsNews Article View

PHOTO INFORMATION

** Download

** Details

** Share

PHOTO INFORMATION

** Download

** Details

** Share

PHOTO INFORMATION

** Download

** Details

** Share

PHOTO INFORMATION

** Download

** Details

** Share

PHOTO INFORMATION

** Download

** Details

** Share

PHOTO INFORMATION

** Download

** Details

** Share

PHOTO INFORMATION

** Download

** Details

** Share

PHOTO INFORMATION

** Download

** Details

** Share

PHOTO INFORMATION

** Download

** Details

** Share

# Fueling the Fight | Food service specialists keep Marines ready for action

By Pfc. Mark Fike3rd Marine Logistics Group

                CAMP KINSER,OKINAWA, Japan   –              *Editor's note: The original story can be viewed on the 3rd Marine Logistics Group website.*

**                    SHARE                

**                    PRINT                

3rd Marine Logistics GroupfoodSubsistence
COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

IN RE JAIME LUEVANO,

RELATOR. §

§

§

§ No. 08

- 14

- 00145

- CR

ORIGINAL PROCEEDING

ON PETITION FOR WRIT OF

MANDAMUS

J U D G M E N T

The Court has considered this cause on the Relator’s petition for writ of mandamus

against the Honorable Sam Medrano, Judge of the 409th District Court of El Paso County,

Texas, and concludes Relator’s petition for writ of mandamus should be denied. We th erefore

deny the petition for writ of mandamus, in accordance with the opinion of this Court.

IT IS SO ORDERED THIS 21ST DAY OF MAY, 2014.

YVONNE T. RODRIGUEZ, Justice

Before McClure, C.J., Rivera, and R odriguez, JJ.

Rivera, J. (Not Participating)
[Federal Register Volume 72, Number 92 (Monday, May 14, 2007)]
[Notices]
[Page 27167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9186]


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

SMALL BUSINESS ADMINISTRATION

[Disaster Declaration <greek-i> 10862 and <greek-i> 10863]


Texas Disaster Number TX-00251

AGENCY: U.S. Small Business Administration.

ACTION: Amendment 1.

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

SUMMARY: This is an amendment of the Presidential declaration of a 
major disaster for the State of Texas (FEMA-1697-DR), dated 5/1/2007.
    Incident: Severe Storms and Tornadoes.
    Incident Period: 4/21/2007 through 4/24/2007.

DATES: Effective Date: 5/7/2007.
    Physical Loan Application Deadline Date: 7/2/2007.
    EIDL Loan Application Deadline Date: 2/1/2008.

ADDRESSES: Submit completed loan applications to: U.S. Small Business 
Administration, Processing and Disbursement Center, 14925 Kingsport 
Road, Fort Worth, TX 76155.

FOR FURTHER INFORMATION CONTACT: A. Escobar, Office of Disaster 
Assistance, U.S. Small Business Administration, 409 3rd Street, SW., 
Suite 6050, Washington, DC 20416.

SUPPLEMENTARY INFORMATION: The notice of the Presidential disaster 
declaration for the State of Texas, dated 5/1/2007 is hereby amended to 
include the following areas as adversely affected by the disaster:

Primary Counties:
    Denton.
Contiguous Counties:
    Texas: Collin, Cooke, Dallas, Grayson, Tarrant, Wise

    All other information in the original declaration remains 
unchanged.

(Catalog of Federal Domestic Assistance Numbers 59002 and 59008)

Herbert L. Mitchell,
Associate Administrator for Disaster Assistance.
 [FR Doc. E7-9186 Filed 5-11-07; 8:45 am]
BILLING CODE 8025-01-P
<PAGE>

                                                                      EXHIBIT 32

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER

         Pursuant to 18 U.S.C. Section 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Liberty Group Operating,
Inc. (the "Company") hereby certifies that:

         (i)   the accompanying Annual Report on Form 10-K of the Company for
     the annual period ended December 31, 2003 (the "Report") fully complies
     with the requirements of Section 13(a) or Section 15(d), as applicable, of
     the Securities Exchange Act of 1934, as amended; and

         (ii)  the information contained in the Report fairly presents, in all
     material respects, the financial condition and results of operations of the
     Company.

         Dated: March 30, 2004            /s/ KENNETH L. SEROTA
                                          --------------------------------------
                                          Kenneth L. Serota
                                          President, Chief Executive Officer
                                          and Chairman of the Board of Directors

The foregoing certification is being furnished solely to accompany the Report
pursuant to 18 U.S.C. Section 1350, and is not being filed for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be
incorporated by reference into any filing of the Company, whether made before or
after the date hereof, regardless of any general incorporation language in such
filing.

                    CERTIFICATION OF CHIEF FINANCIAL OFFICER

         Pursuant to 18 U.S.C. Section 1350, as created by Section 906 of the
Sarbanes-Oxley Act of 2002, the undersigned officer of Liberty Group Operating,
Inc. (the "Company") hereby certifies that:

         (i)   the accompanying Annual Report on Form 10-K of the Company for
     the annual period ended December 31, 2003 (the "Report") fully complies
     with the requirements of Section 13(a) or Section 15(d), as applicable, of
     the Securities Exchange Act of 1934, as amended; and

         (ii)  the information contained in the Report fairly presents, in all
     material respects, the financial condition and results of operations of the
     Company.

         Dated: March 30, 2004            /s/ DANIEL D. LEWIS
                                          -------------------------------------
                                          Daniel D. Lewis
                                          Chief Financial Officer

The foregoing certification is being furnished solely to accompany the Report
pursuant to 18 U.S.C. Section 1350, and is not being filed for purposes of
Section 18 of the Securities Exchange Act of 1934, as amended, and is not to be
incorporated by reference into any filing of the Company, whether made before or
after the date hereof, regardless of any general incorporation language in such
filing.
EXHIBIT
32.1





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 Nutra Pharma Corp., (the "Company") on
Form 10-Q, Amendment No. 1,  for the quarterly period ended September
30, 2009, as filed with the Securities and Exchange Commission on the date
hereof (the "Report"), I, Rik Deitsch, the Chief Executive Officer and Chief
Financial Officer of the Company, 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 the
      Report fairly presents, in all material respects, the financial condition
      and results of operations of the
Company.




Dated:
      January 25, 2010/s/ Rik J. DeitschRik
      J. DeitschChief
      Executive Officer and Chief Financial
  Officer
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).

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

 FOR THE NINTH CIRCUIT

GENOVEVA MARTINEZ RIOS and

AGUSTIN ARMENTA MARTINEZ,

 Petitioners,

 v.

ERIC H. HOLDER, Jr., Attorney General,

 Respondent.

No. 09-74027

Agency Nos. A095-196-227

 A095-196-228

MEMORANDUM*

On Petition for Review of an Order of the

Board of Immigration Appeals

Submitted June 15, 2011** 

Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.

Genoveva Martinez Rios and Agustin Armenta Martinez, natives and

citizens of Mexico, petition for review of the Board of Immigration Appeals’

(“BIA”) order denying their motion to reopen. We have jurisdiction under

8 U.S.C. § 1252. We review de novo due process claims, and for abuse of

FILED

JUN 28 2011

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS
2 09-74027

discretion the denial of a motion to reopen. Iturribarria v. INS, 321 F.3d 889, 894

(9th Cir. 2003). We deny the petition for review.

The BIA did not abuse its discretion by denying petitioners’ motion to

reopen based on ineffective assistance of counsel because petitioners did not

demonstrate that their prior counsel failed to perform with sufficient competence.

Maravilla Maravilla v. Ashcroft, 381 F.3d 855, 858 (9th Cir. 2004). Petitioners’

contention that the BIA failed to make a finding regarding counsels’ competence is

unsupported by the record.

In light of our disposition, we need not reach petitioners’ remaining

contentions.

PETITION FOR REVIEW DENIED.
#### STATE ex rel. Purnell E. MILLER v. STATE of Louisiana.

No. 97-KH-2124.

Supreme Court of Louisiana.

May 15, 1998.

In re Miller, Purnell E.;—Plaintiff(s); applying for supervisory and/or remedial writ; Parish of Orleans, Criminal District Court, Div. “C”, No. 374-657; to the Court of Appeal, Fourth Circuit, No. 97KW-2124.

Writ granted in part; otherwise denied; ease remanded to the district court. The district court is ordered to grant relator an out-of-time appeal and appoint counsel to pursue it. If counsel finds no basis for assigning error on appeal, he may withdraw, but only after fulfilling the requirements for review and analysis of the record as set out in *State v. Jyles,*96-2669 (La.12/12/97), 704 So.2d 241. In all other respects the application is denied.

TRAYLOR, J., not on panel.
# C_2012355EN.01002902.xml

| 17.11.2012 | EN | Official Journal of the European Union | C 355/29 |
| --- | --- | --- | --- |

17.11.2012

EN

Official Journal of the European Union

C 355/29

---

Action brought on 24 August 2012 — Ferienhäuser zum See v OHIM — Sunparks Groep (Sun Park Holidays)

(Case T-383/12)

2012/C 355/63

Language in which the application was lodged: English

Parties

Parties

Applicant: Ferienhäuser zum See GmbH (Marienmünster, Germany) (represented by: M. Boden and I. Höfener, lawyers)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Sunparks Groep NV (Den Haan, Belgium)

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 25 June 2012 in case R 1928/2011-4; |
| --- | --- |

—

Annul the decision of the Fourth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs) of 25 June 2012 in case R 1928/2011-4;

| — | Annul the decision of the Opposition Division of 25 July 2011; and |
| --- | --- |

—

Annul the decision of the Opposition Division of 25 July 2011; and

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

—

Order OHIM to pay the costs.

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 figurative mark ‘Sun Park Holidays Die wohl kinderfreundlichste Art Campingurlaub zu machen!’ in colours blue, yellow and black, for services in classes 39 and 43 — Community trade mark application No 9078049

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 6852453 for the figurative mark in colours blue and green ‘Sunparks Holiday Parks’, for services in classes 39, 41 and 43; Benelux trade mark registration No 834301 of the word mark ‘SUNPARK’; Benelux trade mark registration No 853882 and International registration No 992185 for the figurative mark ‘SUNPARKS’

Mark or sign cited in opposition:

Decision of the Opposition Division: Upheld the opposition

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) Council Regulation No 207/2009.

Pleas in law:

---