alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
Opinion issued March 28, 2019

In The

Court of Appeals 

For The 

First District of Texas 

————————————

NO. 01-18-01029-CV

———————————

IN RE JILL KATHRYN ARNO PETERSON, Relator

Original Proceeding on Petition for Writ of Mandamus

MEMORANDUM OPINION

Relator Jill Kathryn Arno Peterson originally sought mandamus relief from 

the trial court’s November 9, 2018 order granting real party in interest Donald 

Jonathan Peterson’s amended motion to vacate the trial court’s August 27, 2018 

family-violence protective order.1In January 2019, the Court abated this proceeding 

 

1 The underlying case is Jill Kathryn Arno Peterson v. Donald Jonathan Peterson, 

cause number 2018-43305, pending in the 280th District Court of Harris County, 

Texas, the Honorable Barbara Stalder presiding.
2

and remanded to the trial court to permit the successor trial judge to reconsider the 

previous ruling. See TEX. R. APP. P. 7.2(b). The successor trial judge signed an order 

on January 28, 2019, granting the amended motion to vacate, and thus, relator sought 

relief from this new order. 

After consideration of the petition, response, and the record, we conclude that 

relator has not established that she is entitled to relief, and we deny the petition. See 

TEX. R. APP. P. 52.8(a). We dismiss any pending motions as moot. 

PER CURIAM

Panel consists of Justices Lloyd, Kelly, and Hightower.
NOTE: This disposition is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________ 

NETAC TECHNOLOGY CO., LTD.,

Appellant

v.

SANDISK CORPORATION,

Appellee

______________________ 

2015-1630

______________________ 

Appeal from the United States Patent and Trademark 

Office, Patent Trial and Appeal Board, in No. 95/000,384.

______________________ 

JUDGMENT

______________________ 

WENYE TAN, Anova Law Group, PLLC, Sterling, VA, 

argued for appellant. Also represented by XIAOQUN WU. 

DARRYL J. ADAMS, Baker Botts, LLP, Austin, TX, argued for appellee. Also represented by BRIAN W. OAKS;

RUSSELL J. CRAIN, Dallas, TX. 

______________________ 

THIS CAUSE having been heard and considered, it is

ORDERED and ADJUDGED: 
 

 PER CURIAM (PROST, Chief Judge, MAYER and REYNA,

Circuit Judges).

AFFIRMED. See Fed. Cir. R. 36.

 ENTERED BY ORDER OF THE COURT

February 9, 2016 /s/ Daniel E. O’Toole

 Date Daniel E. O’Toole 

 Clerk of Court
#### Vanessa Wepy, an Infant, by Her Father and Natural Guardian, Louis Wepy, Respondent, v James Shen et al., Defendants, and Staten Island Hospital, Appellant.

— In a medical malpractice action to recover damages for personal injuries, the defendant Staten Island Hospital appeals from so much of an order of the Supreme Court, Richmond County (Cusick, J.), dated November 16, 1989, as denied its request for discovery of the medical and school records of the siblings of the infant plaintiff.

Ordered that the order is modified by deleting therefrom the provision denying the appellant discovery of the school records pertaining to the infant plaintiff’s siblings, Louis and Christine, and substituting therefor a provision directing the plaintiff to provide the appellant with authorizations to obtain those records; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.

The information revealed by the plaintiff’s parents during the course of their depositions in this action, which had previously been revealed to the physicians of the infant plaintiff, constitute mere facts and incidents of the medical history of the plaintiff’s siblings Louis and Christine, and thus do not constitute privileged material *(see, Williams v Roosevelt Hosp.,*66 NY2d 391; *Cardillo v Hillcrest Gen. Hosp.,*149 AD2d 454). *125Since this medical history information was not privileged, the infant plaintiff’s parents cannot be said to have waived the physician-patient privilege as to the medical records in issue by voluntarily revealing it. Thus, the appellant has failed to establish its entitlement to the medical records of the plaintiff’s siblings.

However, the appellant is entitled to the academic records of the plaintiff’s siblings Louis and Christine, since these records are not protected by a privilege and their relevancy to this action has been demonstrated *(see, Baldwin v Franklin Gen. Hosp.,*151 AD2d 532; *Dailey v LaGuardia Hosp.,*130 AD2d 543). The plaintiff’s mother testified that phenobarbital was prescribed for her daughter Christine, and that her son Louis had been diagnosed by his teachers as having learning disabilities. The appellant submitted the affidavit of a medical expert stating that a possible connection existed between the neurological problems of the plaintiff and those of her siblings, which would support a defense that the injuries sustained by the plaintiff have a genetic cause. Therefore, the appellant has adequately demonstrated the relevancy of the academic records sought. Balletta, J. P., Miller, O’Brien and Ritter, JJ., concur.
Served: July 1,2010 

UNITED STATES OF AMERICA 

DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY 

WASHINGTON, D.C. 

Issued by the Department of Transportation 

onthef'of July, 2010 

Essential Air Service at 

LAKE MINCHUMINA, ALASKA 

Under 49 U.S.C. 41731 et seq. 

DOCKET OST-2008-0237 

NOTICE OF EXTENSION 

By letter dated June 18, we requested comment on the carrier-selection issue at Lake 

Minchumina, Alaska, no later than July 1. By email dated June 29, 2010, the community 

requested an extension until July 10 to submit additional comments. 

We have decided to grant the community's request, as the additional amount of time is not 

unreasonable. The community must now submit its comments no later than July 10, 2010. 

Dennis DeVany, Chief, 

EAS and Domestic Analysis 

An electronic version of this document is available on the World Wide Web at 

http://www.regulations.gov
UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 98-7029

UNITED STATES OF AMERICA, Plaintiff - Appellee, versus FRANK EPHFROM BALLARD, a/k/a Tang, Defendant - Appellant.Appeal from the United States District Court for the Eastern District of North Carolina, at Wilmington. W. Earl Britt, Senior District Judge. (CR-96-19-BR, CA-98-5-7-BR) Submitted: March 30, 1999 Decided: May 18, 1999 Before WILKINS, WILLIAMS, and MICHAEL, Circuit Judges. Dismissed by unpublished per curiam opinion. Janipher Winkfield Robinson, Richmond, Virginia, for Appellant. Fenita Morris Shepard, OFFICE OF THE UNITED STATES ATTORNEY, Raleigh, North Carolina, for Appellee. Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c).2 PER CURIAM:Frank Ephfrom Ballard appeals the district court’s order denying his motion filed under 28 U.S.C.A. § 2255 (West 1994 & Supp. 1998). We conclude that Ballard fails to establish either that he received ineffective assistance of counsel in relation to his guilty plea or that his guilty plea was involuntary. See Hill v. Lockhart , 474 U.S. 52 (1985); Strickland v. Washington , 466 U.S. 668 (1984); Little v. Allsbrook , 731 F.2d 238 (4th Cir. 1984). Accordingly, we deny a certificate of appealability and dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED
# C_2009282EN.01004801.xml

| 21.11.2009 | EN | Official Journal of the European Union | C 282/48 |
| --- | --- | --- | --- |

21.11.2009

EN

Official Journal of the European Union

C 282/48

---

Order of the Court of First Instance of 28 September 2009 — Marcuccio v Commission

(Case T-46/08 P) (1)

1

(Appeal - Staff cases - Officials - Request for information regarding personal effects dispatched from the place of employment to the place of residence - Appeal in part manifestly inadmissible and in part manifestly unfounded)

2009/C 282/91

Language of the case: Italian

Parties

Parties

Appellant: Luigi Marcuccio (Tricase, Italy) (represented by: G. Cipressa, lawyer)

Appellant:

Other party to the proceedings: Commission of the European Communities (represented by: J. Currall and C. Berardis-Kayser, Agents, and by A. Dal Ferro, lawyer)

Other party to the proceedings:

Re:

Re:

Appeal against the order of the Civil Service Tribunal of the European Union (First Chamber) of 6 December 2007 in Case F-40/06 Marcuccio v Commission, not yet published in the ECR), seeking to have that order set aside.

Marcuccio

Commission

Operative part of the order

Operative part of the order

| 1. | The appeal is dismissed; |
| --- | --- |

1.

The appeal is dismissed;

| 2. | Mr Luigi Marcuccio is ordered to bear his own costs and to pay those incurred by the Commission in the appeal proceedings. |
| --- | --- |

2.

Mr Luigi Marcuccio is ordered to bear his own costs and to pay those incurred by the Commission in the appeal proceedings.

---

(1)  OJ C 79, 29.3.2008.

1

---
# C_2020443EN.01001802.xml

| 21.12.2020 | EN | Official Journal of the European Union | C 443/18 |
| --- | --- | --- | --- |

21.12.2020

EN

Official Journal of the European Union

C 443/18

---

Order of the President of the Court of Justice of 2 October 2019 — European Commission v Republic of Slovenia

(Case T-413/19) (1)

(2020/C 443/20)

Language of the case: Slovenian

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

---

(1)  OJ C 246, 22.7.2019.

---
June 4 1996


Mr. Eugene L. Ryan
Executive Vice President
Lumex, Inc.
100 Spence Street
Bay Shore, New York   11706-2290

Dear Gene:

I received  your letter  dated April 22, 1996  regarding  relinquishing  Lumex's
exclusive rights to BCAM's Intelligent Surface Technology.

I take this as a request by Lumex to  terminate  the license  agreement  between
BCAM  International,  Inc.  (formerly  Biomechanics  Corporation of America) and
Lumex,  Inc.,  which was dated  September 28, 1994,  and a request for a release
from BCAM of all of Lumex's  obligations  under that Agreement.  We accept these
requests,  and also agree to waive any necessary time periods,  and,  therefore,
consider  Lumex's  termination  effective  as of the date of your April 22, 1996
letter.

Just so that we are clear on our respective obligations, we are further agreeing
that the only  provisions of the agreement  which will survive  termination  are
those  relating  to our  mutual  respect  of  certain  confidential  information
exchanged or provided  under the  agreement.  What I mean by that, is that other
termination  provisions of the Agreement  (like the phase out provision) are not
applicable,  and each party is releasing  the other of all claims which arose or
may have arose under the Agreement.  Furthermore, my understanding is that Lumex
is  forfeiting  its  exclusive  worldwide  license to use,  market,  sell and/or
manufacture products utilizing BCAM's Technology.

I assume that you agree with the above and would,  therefore,  appreciate  it if
you could  indicate your agreement to the above by signing below and also having
an officer of Fuqua Enterprises Inc. do likewise.

<PAGE>
Mr. Euguen L. Ryan
June 4, 1996
Page 2


I am also grateful for the  information  that you provided us on Tanis, a French
health care company, that is interested in our technology,  and that Lumex would
be pleased to act as a positive reference for BCAM and its capabilities.  I plan
to follow up on this lead very shortly.

Although I am very disappointed with your decision, I appreciate the opportunity
to work with you and Skip and wish you and your team the best of luck.


Once again, it was nice working with you and I look forward to seeing you in the
near future.

Best regards.

                                            Sincerely,


                                                  /s/ M Strauss
                                                  -------------


Concurred:        /s/ Robert B. Senn
                  ------------------
                  President
                  Lumex Medical Products.



Concurred:        /s/ John Huntz
                  --------------
                  Officer:
                  Title: EVP
                  Fuqua Enterprises, Inc.

MS/kjt

                                      E-2

<PAGE>
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 City Network, Inc. (the "Company") on
Form  10-QSB for the  period  June 30 , 2006 as filed  with the  Securities  and
Exchange Commission on the date hereof (the "Report"),  I, Alice Chen, President
and Chief Executive Officer of the Company, certify, pursuant to 18 U.S.C. 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

     (1)  The  Report  fully  complies,  in  all  material  respects,  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.

                                           /s/ Alice Chen
                                           -------------------------------------
                                           Alice Chen
                                           President and Chief Executive Officer
                                           August 21, 2006

THIS  CERTIFICATION  IS MADE  SOLELY FOR  PURPOSES  OF 18 U.S.C.  SECTION  1350,
SUBJECT  TO THE  KNOWLEDGE  STANDARD  CONTAINED  THEREIN,  AND NOT FOR ANY OTHER
PURPOSE.

A SIGNED  ORIGINAL  OF THIS  WRITTEN  STATEMENT  REQUIRED  BY SECTION 906 OF THE
SARBANES-OXLEY  ACT HAS BEEN PROVIDED TO THE COMPANY AND WILL BE RETAINED BY THE
COMPANY AND  FURNISHED TO THE  SECURITIES  AND EXCHANGE  COMMISSION OR ITS STAFF
UPON REQUEST.  THIS WRITTEN  STATEMENT SHALL NOT BE DEEMED TO BE "FILED" AS PART
OF THE QUARTERLY REPORT ON FORM 10-QSB THAT IT ACCOMPANIES.
```

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4564 Engrossed in House (EH)]

<DOC>
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
115th CONGRESS
  2d Session
                                H. R. 4564

_______________________________________________________________________

                                 AN ACT

 
  To require a threat assessment on current foreign terrorist fighter 
                  activities, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Post-Caliphate Threat Assessment Act 
of 2017''.

SEC. 2. THREAT ASSESSMENT.

    (a) In General.--The Secretary of Homeland Security, in 
coordination with the Secretary of State and Director of National 
Intelligence, shall conduct a threat assessment of current foreign 
terrorist fighter activities. Such assessment shall include the 
following:
            (1) A detailed summary of current foreign terrorist fighter 
        travel and trends, including countries of origin, travel 
        destinations, and means of travel.
            (2) An analysis of any country or region with a significant 
        increase in foreign terrorist fighter activity.
            (3) An analysis of foreign terrorist fighter travel trends 
        in and out of Iraq and Syria.
    (b) Congressional Communication.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Homeland Security 
shall report to the Committee on Homeland Security, the Committee on 
Foreign Affairs, and the Permanent Select Committee on Intelligence of 
the House of Representatives and the Committee on Homeland Security and 
Governmental Affairs, the Committee on Foreign Relations, and the 
Select Committee on Intelligence of the Senate on the threat assessment 
required under subsection (a).

            Passed the House of Representatives January 9, 2018.

            Attest:

                                                                 Clerk.
115th CONGRESS

  2d Session

                               H. R. 4564

_______________________________________________________________________

                                 AN ACT

  To require a threat assessment on current foreign terrorist fighter 
                  activities, and for other purposes.
```
115TH CONGRESS 

1ST SESSION H. R. 4254 

AN ACT 

To amend the National Science Foundation Authorization 

Act of 2002 to strengthen the aerospace workforce pipeline by the promotion of Robert Noyce Teacher Scholarship Program and National Aeronautics and Space Administration internship and fellowship opportunities to 

women, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 4254 EH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Women in Aerospace 

3 Education Act’’. 

4 SEC. 2. ROBERT NOYCE TEACHER SCHOLARSHIP PROGRAM 

5 FELLOWSHIP OPPORTUNITIES. 

6 (a) IN GENERAL.—The National Science Foundation 

7 Authorization Act of 2002 (Public Law 107–368; 42 

8 U.S.C. 1862n et seq.) is amended— 

9 (1) in section 10(a)(3)(A)(iv), by inserting ‘‘, 

10 including research experiences at national labora11 tories and NASA centers’’ before the semicolon; and 

12 (2) in section 10A(c)(4)— 

13 (A) in subparagraph (A), by striking 

14 ‘‘and’’ at the end; 

15 (B) in subparagraph (B), by striking the 

16 period at the end and inserting ‘‘; and’’; and 

17 (C) by adding at the end the following: 

18 ‘‘(C) providing internship opportunities for 

19 fellows, including research experiences at na20 tional laboratories and NASA Centers.’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 subsection (a) shall apply with respect to grants awarded 

23 on or after October 1, 2018. 
3 

•HR 4254 EH

1 SEC. 3. NASA INTERNSHIP AND FELLOWSHIP OPPORTUNI2 TIES. 

3 Not later than October 1, 2018, the Administrator 

4 of the National Aeronautics and Space Administration (in 

5 this section referred to as ‘‘NASA’’) shall institute a proc6 ess to prioritize the recruitment of qualified candidates 

7 who are women or individuals who are historically under8 represented in the fields of science, technology, engineer9 ing, and mathematics (STEM) and computer science for 

10 internships and fellowships at NASA with relevance to the 

11 aerospace sector and related fields. 

Passed the House of Representatives December 19, 

2017. 

Attest: 

Clerk. 
115TH CONGRESS 

1ST SESSION H. R. 4254 

AN ACT 

To amend the National Science Foundation Auwomen, and for other purposes. internship and fellowship opportunities to National Aeronautics and Space Administration Robert Noyce Teacher Scholarship Program and space workforce pipeline by the promotion of thorization Act of 2002 to strengthen the aero-
```

[Congressional Record Volume 158, Number 123 (Thursday, September 13, 2012)]
[House]
[Pages H5933-H5934]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                              {time}  1220
                       CONGRESS IS DYSFUNCTIONAL

  (Mr. MILLER of North Carolina asked and was given permission to 
address the House for 1 minute.)

[[Page H5934]]

  Mr. MILLER of North Carolina. Mr. Speaker, many of my Democratic 
colleagues today have criticized Republicans in Congress as do-
nothings, but my own view is a little different.
  It is certainly true that the Nation has real needs. Economists tell 
us that legislation held hostage here would create millions of jobs and 
put many Americans back to work. Instead of addressing those needs, 
Congress is just dysfunctional.
  But considering what Republicans in Congress want to do, it is a 
great blessing that Congress has done next to nothing. They have 
repeatedly voted to repeal health care reform--33 times according to 
one count--as if denying health insurance for preexisting conditions 
would put Americans back to work.
  They have voted to gut or eliminate the funding for Wall Street 
reform--putting us right back where we were 5 years ago with the Bush 
administration policies that created the painful downturn that we are 
now in--and at least 55 times voted to restrict women's reproductive 
rights and access to affordable health care, which included repeated 
attempts to eliminate funding for Planned Parenthood. It is hard to see 
that as a job creation agenda.
  Mr. Speaker, better to do nothing than what they want to do.

                          ____________________
```
**Judgment of the General Court (Second Chamber) of 10 September 2010 – MPDV Mikrolab v OHIM (ROI ANALYZER)**

**(Case T-233/08)**

Community trade mark – Application for Community word mark ROI ANALYZER – Absolute ground for refusal – Descriptive character – Article 7(1)(b) and (c) of Regulation (EC) No 40/94 (now Article 7(1)(b) and (c) of Regulation (EC) No 207/2009)

Community trade mark – Definition and acquisition of the Community trade mark – Absolute grounds for refusal – Marks composed exclusively of signs or indications which may serve to designate the characteristics of goods (Council Regulation
No 40/94, Art. 7(1)(c)) (see paras 27, 45-46)

**Re:**

| | |
| --- | --- |
| | ACTION brought against the decision of the Fourth Board of Appeal of OHIM of 15 April 2008 (Case R 1525/2006-4) concerning the registration of the word sign ROI ANALYZER as a Community trade mark. |

**Information relating to the case**

| | |
| --- | --- |
| Applicant for the Community trade mark: | MPDV Mikrolab GmbH, Mikroprozessordatenverarbeitung und Mikroprozessorlabor |
| Community trade mark sought: | Word mark ROI ANALYZER for goods and services in Classes 9, 35 and 42 – Application No 4866042 |
| Decision of the examiner: | Registration partially refused |
| Decision of the Board of Appeal: | Appeal dismissed |

**Operative part**

The Court:

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

| | | |
| --- | --- | --- |
| 2. | | Orders MPDV Mikrolab GmbH, Mikroprozessordatenverarbeitung und Mikroprozessorlabor to pay the costs. |
```

[Congressional Record Volume 158, Number 117 (Thursday, August 2, 2012)]
[House]
[Page H5709]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

           By Mr. FLEMING:
       H.R. 6315.
       Congress has the power to enact this legislation pursuant 
     to the following:
       Article I, Section 8, Clause 18 of the United States 
     Constitution
```
#### In the Matter of the Adoption of Anonymous, Adoptive Child. Stanley B. Michelman, Appellant.

— In an uncontested private placement adoption pursuant proceeding to NY Constitution, article VI, § 12 (d) and Domestic Relations Law article 7, Stanley Michelman, the attorney for the adoptive parents, appeals from an order of the Surrogate’s Court, Westchester County (Brewster, S.), dated September 20, 1990, which, *sua sponte,*reduced his attorney’s fee from $3,000 to $1,000.

Ordered that the order is reversed, as a matter of discretion, without costs or disbursements, and the appellant’s legal fee in the amount of $3,000 is reinstated, for the reasons stated in *Matter of Anonymous*(175 AD2d 127 [decided herewith]). Bracken, J. P., Fiber, Miller and Ritter, JJ., concur.