alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
#### Harold OWEN, Plaintiff-Appellant, v. K-MART CORPORATION, Defendant-Appellee.

No. 17-2165

United States Court of Appeals, Fourth Circuit.

Submitted: February 28, 2018

Decided: March 9, 2018

Thomas R. Scott, Jr., STREET LAW FIRM, LLP, Grundy, Virginia, for Appellant. Danielle D. Giroux, George A. Somer-ville, Kathryn D. Jones, HARMAN, CLAYTOR, CORRIGAN *&*WELLMAN, Richmond, Virginia, for Appellee.

Before DUNCAN, KEENAN, and WYNN, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Harold Owen appeals the district court’s order granting summary judgment to K-Mart. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. *Owen v. K-Mart Corp.,*No. 1:16-cv-00024-JPJ-PMS, 2017 WL 3925416 (W.D. Va. Sept. 7, 2017). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

*AFFIRMED*
# C_2021329EN.01003701.xml

| 16.8.2021 | EN | Official Journal of the European Union | C 329/37 |
| --- | --- | --- | --- |

16.8.2021

EN

Official Journal of the European Union

C 329/37

---

Action brought on 24 June 2021 — Polo Club Düsseldorf v EUIPO — Company Bridge and Life (POLO CLUB DÜSSELDORF EST. 1976)

(Case T-355/21)

(2021/C 329/49)

Language of the case: English

Parties

Applicant: Polo Club Düsseldorf GmbH & Co. KG (Düsseldorf, Germany) (represented by: C. Weil, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Company Bridge and Life, SL (Elche, Spain)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Applicant before the General Court

Trade mark at issue: Application for European Union figurative mark POLO CLUB DÜSSELDORF EST. 1976 — Application for registration No 17 984 671

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the First Board of Appeal of EUIPO of 26 April 2021 in Case R 1667/2020-1

Form of order sought

The applicant claims that the Court should:

| — | change the contested decision, and |
| --- | --- |

—

change the contested decision, and

| — | reject the opposition. |
| --- | --- |

—

reject the opposition.

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
Exhibit 35.4



|     |  |                                                                                                          
|---- |  | ---------------------------------------------------------------------------------------------------------
|LOGO |  | Commercial Mortgage Servicing D1050-084, 8th Floor 401 South Tryon St.
Charlotte, NC 28202 1-800-326-1334

ANNUAL STATEMENT OF COMPLIANCE

Reference is hereby made to that certain Pooling and Servicing Agreement dated as of December 1, 2014, by and among GS MORTGAGE
SECURITIES CORPORATION II, as Depositor, WELLS FARGO BANK, NATIONAL ASSOCIATION, as Master Servicer, LNR PARTNERS, LLC, as General Special Servicer, CWCAPITAL ASSET MANAGEMENT LLC, as Cypresswood Court Shopping Center Special Servicer, PENTALPHA
SURVEILLANCE LLC, as Operating Advisor, U.S. BANK NATIONAL ASSOCIATION, as Certificate Administrator and U.S. BANK, NATIONAL ASSOCIATION, as Trustee, with respect to Commercial Mortgage Pass-Through Certificates Series 2014-GC26 (the
Agreement). Capitalized terms used herein not otherwise defined shall have the meanings assigned in the Agreement.

Pursuant
to Section 10.07 of this Agreement, I, Daniel Bober, Executive Vice President of Commercial Mortgage Services do hereby certify that:



| | 1. | A review of the activities of the Master Servicer during the period from January 1, 2016 through December 31, 2016 (the Reporting Period), and of its performance per the Agreement during such
period has been made under my supervision, and
| | -- | ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



| | 2. | To the best of my knowledge, based on such review, the Master Servicer has fulfilled all of its obligations under the Agreement in all material respects throughout the Reporting Period.
| | -- | -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

IN WITNESS WHEREOF, the undersigned has executed this Certificate as of the 28th day of
Februray 2017.



|                        
|------------------------
|LOGO                    
|Daniel Bober            
|Executive Vice President
|Wells Fargo Bank        



|                       |  |     
|---------------------- |  | ----
|Wells Fargo Bank, N.A. |  | LOGO
# C_2021110EN.01003601.xml

| 29.3.2021 | EN | Official Journal of the European Union | C 110/36 |
| --- | --- | --- | --- |

29.3.2021

EN

Official Journal of the European Union

C 110/36

---

Action brought on 8 February 2021 — Distintiva Solutions v EUIPO — Makeblock (Makeblock)

(Case T-86/21)

(2021/C 110/41)

Language of the case: English

Parties

Applicant: Distintiva Solutions S. Coop. Pequeña (Vitoria-Gasteiz, Spain) (represented by: M. J. Sanmartín Sanmartín, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Makeblock Co. Ltd (Shenzhen, China)

Details of the proceedings before EUIPO

Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: European Union figurative mark Makeblock — European Union trade mark No 12 249 488

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 16 November 2020 in Case R 988/2020-5

Form of order sought

The applicant claims that the Court should:

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

—

annul the contested decision;

| — | order EUIPO to bear its own costs and pay the costs of the applicant. |
| --- | --- |

—

order EUIPO to bear its own costs and pay the costs of the applicant.

Pleas in law

| — | Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 7(1)(c) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| --- | --- |

—

Infringement of Article 7(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

| — | Infringement of Article 7(1)(g) of Regulation (EU) 2017/1001 of the European Parliament and of the Council. |
| --- | --- |

—

Infringement of Article 7(1)(g) of Regulation (EU) 2017/1001 of the European Parliament and of the Council.

---
Exhibit 31.1

                                 CERTIFICATIONS

I, Harold Blomquist, certify that:

1. I have reviewed this Quarterly Report on Form 10-Q of Simtek 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 registrant as
of, and for, the periods presented in this report;

4. The registrant'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 registrant 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 registrant, 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 registrant'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 registrant's internal
control over financial reporting that occurred during the registrant's most
recent fiscal quarter (the registrant's fourth fiscal quarter in the case of an
annual report) that has materially affected, or is reasonably likely to
materially affect, the registrant's internal control over financial reporting;
and

5. The registrant's other certifying officer(s) and I have disclosed, based on
our most recent evaluation of internal control over financial reporting, to the
registrant's auditors and the audit committee of the registrant'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 registrant'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 registrant's internal control
over financial reporting.



Date: May 15, 2006

                                          /s/Harold Blomquist
                                          --------------------------------------
                                          Harold Blomquist
                                          Chief Executive Officer and President
EXHIBIT 99.1

                               SIMTEK CORPORATION

                            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 Simtek Corporation (the "Company") on
Form 10-QSB for the period ending March 31, 2003 as filed with the Securities
and Exchange Commission on the date hereof (the "Report"), I, Douglas Mitchell,
Chief Executive Officer and Chief Financial Officer (Acting) of the Company,
certify, pursuant to U.S.C. Section 1350, as adopted pursuant to Section 906 of
the Sarbanes-Oxley Act of 2002, that:

(1)  The Rport 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.


May 14, 2003


/s/ Douglas Mitchell
---------------------------
Douglas Mitchell
Chief Executive Officer and Chief Financial Officer (Acting)
Michigan Supreme Court

Lansing, Michigan

Robert P. Young, Jr., Chief Justice

Stephen J. Markman

Mary Beth Kelly

Brian K. Zahra

Bridget M. McCormack

David F. Viviano

Richard H. Bernstein, Justices

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the

foregoing is a true and complete copy of the order entered at the direction of the Court.

 July 28, 2015

p0720

Order 

Clerk

July 28, 2015

150525(29)

GARY MORRIS,

Plaintiff-Appellant,

v SC: 150525

COA: 315892

Oakland CC: 2011-119442-CH

ESTATE OF RUBY MORRIS, THEODORE

C. LATHROP, DONNA E. LATHROP,

ANITA J. MCNAMARA, HOWARD L.

LAUGHLIN, and RANDY L. HIGGINS,

Defendants,

and

CAROL LAUGHLIN,

Defendant-Appellee.

_________________________________________/

On order of the Court, the motion for reconsideration of this Court’s April 28, 

2015 order is considered, and it is DENIED, because it does not appear that the order was 

entered erroneously.
Annual Statement asto Compliance

For the Year EndedDecember 31, 2022 (the “Reporting Period”)

 

*Deutsche Mortgage & Asset Receiving Corporation,*

*Series 2015-DC1*

 

 

Pursuantto Section 10.11 of the Pooling and Servicing Agreement governing the referencedtransaction (the “Servicing Agreement”), I hereby attest that:

 

i.                    Areview of the activities and performance of Berkadia as Subservicer during the(“reporting period”) has been made under my supervision.

 

ii.                  To thebest of my knowledge, based on such review, Berkadia as Subservicer hasfulfilled, in all material respects, its obligations under this SubservicingAgreement throughout the Reporting Period and no default by the Subservicerunder the Subservicing Agreement has occurred and is continuing.

 

Berkadia Commercial Mortgage LLC, 

  

/s/Mark E. McCool 

MarkE. McCool

President

### February 10, 2023

 

 

Inv. 135 Lib. N
# C_2023278EN.01000902.xml

| 7.8.2023 | EN | Official Journal of the European Union | C 278/9 |
| --- | --- | --- | --- |

7.8.2023

EN

Official Journal of the European Union

C 278/9

---

Judgment of the Court (Ninth Chamber) of 22 June 2023 — Gmina Miasto Gdynia, Port Lotniczy Gdynia-Kosakowo sp. z o.o. w likwidacji v European Commission, Republic of Poland

(Case C-163/22 P) (1)

(Appeal - State aid - Airport infrastructure - Public funding granted to the Gdynia-Kosakowo Airport - Decision declaring the aid measure incompatible with the internal market and ordering its recovery - Identification of the advantage and determination of the amount of the aid to be repaid - Principles of the protection of legitimate expectations, legal certainty, effective judicial protection, sound administration and sincere cooperation - Procedural rights of the appellants)

(2023/C 278/13)

Language of the case: Polish

Parties

Appellants: Gmina Miasto Gdynia, Port Lotniczy Gdynia-Kosakowo sp. z o.o. w likwidacji (represented by: K. Gruszecka-Spychała and P.K. Rosiak, radcowie prawni)

Other parties to the proceedings: European Commission (represented by: K. Herrmann, S. Noë and J. Zieliński, acting as Agents), Republic of Poland (represented by: B. Majczyna, acting as Agent)

Operative part of the judgment

The Court:

| 1. | Dismisses the appeal; |
| --- | --- |

1.

Dismisses the appeal;

| 2. | Orders Gmina Miasto Gdynia and Port Lotniczy Gdynia-Kosakowo sp. z o.o. w likwidacji to bear their own costs and to pay those incurred by the European Commission; |
| --- | --- |

2.

Orders Gmina Miasto Gdynia and Port Lotniczy Gdynia-Kosakowo sp. z o.o. w likwidacji to bear their own costs and to pay those incurred by the European Commission;

| 3. | Orders the Republic of Poland to bear its own costs. |
| --- | --- |

3.

Orders the Republic of Poland to bear its own costs.

---

(1)  OJ C 191, 10.5.2022.

---
<PAGE>
 
                                                                      Exhibit 99


FOR IMMEDIATE RELEASE
August 14, 1997


                    NUEVO ENERGY COMPANY ANNOUNCES NEW CEO


HOUSTON - Nuevo Energy Company (NYSE: NEV) today announces the appointment of
Douglas L. Foshee as its President and Chief Executive Officer, effective
immediately.  Mr. Foshee replaces Michael D. Watford, whose resignation was
accepted yesterday by the Company's Board of Directors.  In addition, J. P.
Bryan announces his intention to resign his chairmanship of Nuevo by the end of
1997.

"We are excited that Doug accepted this leadership position at Nuevo," commented
Mr. Bryan.  "He brings with him a wealth of industry experience and a specific
knowledge of Nuevo and its potential.  Doug has demonstrated his management
skills as the President and CEO of Torch Energy Advisors Incorporated, the
company that is responsible for operating the majority of Nuevo's assets.

"At the same time, the Board joins me in saluting Mike Watford's accomplishments
during his tenure at Nuevo," continued Mr. Bryan.  "We are mindful of the
tremendous amount of shareholder value that has been created in recent years,
and we intend to continue the basic strategies that have been so successful in
creating that value.

"As for my chairmanship, I already have a full time job at Gulf Canada, and I am
confident that the Board will elect a successor who can devote the time and
energy required of the position."

Mr. Foshee joins Nuevo after four years with Torch.  Prior to his role as
President and CEO of Torch, Mr. Foshee managed the acquisitions group which has
been responsible for approximately $2 billion in transactions since 1995,
including Nuevo's 1996 acquisition of Unocal's California oil and gas
properties.  Prior to his tenure at Torch, Mr. Foshee was in the Finance and New
<PAGE>
 
Business Ventures Group of ARCO International Oil & Gas Company.  His finance
background also includes seven years in energy lending.  He holds a BBA in
finance from Southwest Texas State University and an MBA with honors from the
Jesse H. Jones School at Rice University.

"I'm excited about this new challenge," commented Mr. Foshee.  "Having watched
Nuevo grow and having participated in a meaningful way in that growth, I'm
convinced that the prospects for Nuevo are brighter today than they have ever
been.  I've worked closely with the Nuevo team over the past four years, and I
know first-hand the quality of the people here.  I fully expect to be judged by
my ability to provide leadership and vision to what is already an outstanding
company."

Nuevo Energy Company is a Houston, Texas-based company primarily engaged in the
exploration for, and the acquisition, exploitation, development and production
of crude oil and natural gas.  The Company's principal properties are located
domestically onshore and offshore California, in East Texas and the onshore Gulf
Coast region; and internationally offshore the Republics of Congo and Ghana in
West Africa.  Nuevo is traded on the New York Stock Exchange under the symbol
"NEV."
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

ERICK SZRAJER and MARISA SZRAJER, ) 

)

Appellants, )

v. ) Case No. 2D17-1967

 )

)

 FLORIDA INSURANCE GUARANTY )

 ASSOCIATION, INC., as statutory )

successor in interest to FIRST HOME )

 INSURANCE COMPANY INC., )

)

Appellee. )

 ) 

Opinion filed June 22, 2018. 

Appeal from the Circuit Court for

Hillsborough County; Cheryl K. Thomas, 

Judge.

Barbara M. Hernando and Kenneth C. 

Thomas, Jr. of Marshall Thomas 

Thomas, PLLC, Tampa, for Appellants. 

G. William Bissett, Jr. and Caryn L. Bellus 

of Kubicki Draper, P.A., Miami for Appellee.

PER CURIAM.

Affirmed.

NORTHCUTT, CRENSHAW, and SLEET, JJ., Concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING

MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

SECOND DISTRICT

THOMAS HOFMEISTER, )

a/k/a THOMAS MICHAEL HOFFMIESTER, )

)

Appellant, )

)

v. ) Case No. 2D16-4171

)

STATE OF FLORIDA, )

)

Appellee. )

)

Opinion filed February 7, 2018. 

Appeal from the Circuit Court for Manatee 

County; Deno Economou, Judge.

Howard L. Dimmig, II, Public Defender, and 

Megan Olson, Assistant Public Defender, 

Bartow, for Appellant.

Pamela Jo Bondi, Attorney General, 

Tallahassee, and Elba Caridad Martin, 

Assistant Attorney General, Tampa, for 

Appellee.

PER CURIAM.

Affirmed. 

VILLANTI, KHOUZAM, and BADALAMENTI, JJ., Concur.
#### UNITED STATES of America, Plaintiff-Appellee, v. Ruben DUTERVIL, Defendant-Appellant.

No. 17-7528

United States Court of Appeals, Fourth Circuit.

Submitted: February 20, 2018

Decided: March 13, 2018

Ruben Dutervil, Appellant Pro Se. Terry Michael Meinecke, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greensboro, North Carolina, for Appellee.

Before KEENAN, DIAZ, and FLOYD, Circuit Judges.

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Ruben Dutervil seeks to appeal the district court’s order adopting the recommendation of the magistrate judge and denying relief on his 28 U.S.C. § 2255 (2012) motion. The order is not appealable unless a circuit justice or judge issues a certificate of appealability. 28 U.S.C. § 2253(c)(1)(B) (2012). A certificate of appealability will not issue absent “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2) (2012). When the dis*283trict court denies relief on the merits, a prisoner satisfies this standard by demonstrating that reasonable jurists would find that the district court’s assessment of the constitutional claims is debatable or wrong. *Slack v. McDaniel,*529 U.S. 473, 484, 120 S.Ct. 1595, 146 L.Ed.2d 542 (2000); *see Miller-El v. Cockrell,*537 U.S. 322, 336-38, 123 S.Ct. 1029, 154 L.Ed.2d 931 (2003). When the district court denies relief on procedural grounds, the prisoner must demonstrate both that the dispositive procedural ruling is debatable, and that the motion states a debatable claim of the denial of a constitutional right. *Slack,*529 U.S. at 484-85, 120 S.Ct. 1595.

We have independently reviewed the record and conclude that Dutervil has not made the requisite showing. 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 this court and argument would not aid the decisional process.

*DISMISSED*
No. 11-10438.

#### Roundstone *v.*United States.

C. A. 9th Cir. Certiorari denied.
Electronically Filed Intermediate Court of Appeals CAAP-16-0000087 09-JUN-2017 07:58 AM
827

0

1,262

2,089

BallotsCounted

14

5

0

19

BallotsRejected

MISSISSIPPI

Mail,Fax,Email

Election/Registrar's

Office

Internet

DM

V

Public

Assistance

Office

DisabilitiesAgency

Military

RecruitmentOffice

OtherState

Agency

RegistrationDrives

Registration:Other

69,258

95,193

23,657 22,315

326 0 0 2,031 0 433

RegistrationFormSource

TotalRegisteredVoters

2,072,395

SectionA-VoterRegistration

RegistrationFormsReceived

212,780

ConfirmationNotificationsSent

78,104

Polling

Place

UOCAVA Absentee Provisional

Ballot

EarlyVote

Center

Voteby

Mail

Turnout:

Other

1,087,472

102,338

3,421 16,139 0 0 0

SectionF-TurnoutbyMethod

CountedFull Counted

Part

Rejected Provisional:

Other

16,139

5,354

0 0

SectionE-ProvisionalBallots

UniformedService

Non-militaryOverseas

Other

SectionB-UOCAVA

2,211

1,220

0

3,431

BallotsTransmitted

TOTAL TOTAL

ProvisionalBallotTotal:21,493 TurnoutTotal:1,209,357

Select: MISSISSIPPI

TOTAL

 

 

 

 

 

 

 

 

                          

  

2016EAVSDataBrief 

U i
<PAGE>


                                                                     EXHIBIT 32e


        Certification Pursuant to Section 1350 of Chapter 63 of Title 18
                            of the United States Code



     I, E. James Ferland, Chief Executive Officer of PSEG Power LLC, to the best
of my knowledge, certify that (i) the Annual Report of PSEG Power LLC on Form
10-K for the year ended December 31, 2004 (the "Report") fully complies with the
requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934
and (ii) the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operations of PSEG
Power LLC.




                                                  /s/ E. James Ferland
                                                  ------------------------------
                                                  E. James Ferland
                                                  PSEG Power LLC
                                                  Chief Executive Officer
                                                  February 28, 2005