alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2013274EN.01001701.xml

| 21.9.2013 | EN | Official Journal of the European Union | C 274/17 |
| --- | --- | --- | --- |

21.9.2013

EN

Official Journal of the European Union

C 274/17

---

Action brought on 24 July 2013 — European Commission v Council of the European Union

(Case C-425/13)

2013/C 274/29

Language of the case: English

Parties

Parties

Applicant: European Commission (represented by: G. Valero Jordana, F. Castillo de la Torre, Agents)

Applicant:

Defendant: Council of the European Union

Defendant:

The applicant claims that the Court should:

The applicant claims that the Court should:

| — | annul Article 2, second sentence, and Section A of the Addendum/Annex to the Council Decision authorising the opening of negotiations on linking the EU emissions trading scheme with an emissions trading system in Australia, or, in the alternative, |
| --- | --- |

—

annul Article 2, second sentence, and Section A of the Addendum/Annex to the Council Decision authorising the opening of negotiations on linking the EU emissions trading scheme with an emissions trading system in Australia, or, in the alternative,

| — | annul the Council Decision and to maintain the effects of the contested decision in case it is totally annulled, and |
| --- | --- |

—

annul the Council Decision and to maintain the effects of the contested decision in case it is totally annulled, and

| — | order the Council of the European Union to pay the costs. |
| --- | --- |

—

order the Council of the European Union to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

First plea: breach of Articles 13(2) TEU, 218(2) to (4) TFEU and 295 TFEU and the principle of institutional balance. The Commission submits that the Council infringed Article 218 TFEU by imposing unilaterally upon the Commission a detailed procedure that creates ex novo powers for the Council and obligations upon the Commission that are not based in that provision. The Council has also infringed Article 13(2) TEU, in conjunction with Article 218(4) TFEU, and the principle of institutional balance, because the Council has expanded its powers conferred on it by the Treaties to the detriment of the Commission and the European Parliament

ex novo

Second plea: breach of Articles 13(2) TEU and 218 TFEU, and the principle of institutional balance, since the contested Decision provides that the detailed negotiating positions of the Union shall be established by the Special Committee or the Council. Article 218(4) TFEU gives only a consultative role to the Special Committee.

---
July 29, 2014



### JUDGMENT


## The Fourteenth Court of Appeals

A.N.A. ENTERPRISES, INC., MUSA ADI, ZUHA IR ADI, STEAKS R US, INC., TEXAS GULF COAST ENT ERPRISE, INC., ADICO ENTERPRISES, INC. AND STAR SERVE, INC. , Appellant s

NO. 14

- 14

- 00321

- CV V.

WALLIS STATE BANK , Appellee

________________________________ Today the Court heard its own motion to dismiss the appeal from the judgment signed by the court below o n January 27, 2014. Having considered the motion and found it meritorious, we order the appeal DISMISSED

. We further order that all costs incurred by reason of this appeal be paid by appellant, A.N.A. Enterprises, Inc., Musa Adi, Zuhair Adi, Steaks R Us, Inc., Texas Gulf Coast Enterprise, Inc., Adico Enterprises, Inc. and Star Serve, Inc..

We further order this decision certified below for observance.
No. 09-11544.

#### David Pickelhaupt, Petitioner v. Andrew Jackson, Warden, et al.

562 U.S. 887, 131 S. Ct. 218,

178 L. Ed. 2d 131,

2010 U.S. LEXIS 7008.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.

Same case below, 364 Fed. Appx. 221.
#### In the Matter of Jose M.C., Appellant, v Liliana C., Respondent.

[55 NYS3d 21]

Order, Family Court, New York County (Carol Goldstein, J.), entered on or about April 15, 2016, which dismissed the father’s petition to modify a final visitation order, unanimously affirmed, without costs.

The father has failed to establish that there has been a change of circumstances such that a modification would be in the child’s best interests *(Matter of Luis F. v Dayhana D.,*109 AD3d 731 [1st Dept 2013]). While the father maintains that he has relocated to New York, the trial court’s finding to the contrary is entitled to deference. Regardless, the father does not have a residence of his own in Manhattan but sleeps on his mother’s couch. The father has also failed to show that expanding visits would be in the child’s best interests. The trial court found that the child’s needs were being well met in the mother’s primary care and that the change proposed by the father would virtually eliminate all of the mother’s leisure time with the

*515child. Moreover, the child herself, who was 13 at the time of the hearing, does not wish to see the father more frequently (see *Matter of Liliana C. v Jose M.C.,*128 AD3d 496 [1st Dept 2015]).

Concur—Friedman, J.P., Richter, Moskowitz, Gische and Kapnick, JJ.
# West region keeps culture in focus

/ Published Oct. 13, 2023
BATTLE CREEK, Mich., 
How important is body language? A pioneering scholar on the subject, Albert Mehrabian, held experiments in the 1960s that helped him develop the “7%-35%-55% Rule,” which found that when people interact face to face, a lowly 7% of what they glean from conversation is derived directly from the words spoken. A more substantive 35% comes from their conversational partner’s tone of voice. And a hefty 55% of what gets communicated is mined from the facial movements, gestures and posture of the person they are interacting with. In other words, body language speaks volumes.

So it seems that a heightened awareness of one’s own body language should help a person better express themselves when interacting with worksite colleagues. It just so happens that the Defense Logistics Agency strives to cultivate a harmonious, communicative workforce, and it prepares its Equal Employment Opportunity training instructors to go out and inform field personnel with topics like “Body Language Talks,” “Unconscious Bias,” and “Generations in the Workforce.” 

With this goal of employee enlightenment in mind, the West Region of Defense Logistics Agency Disposition Services held its first summit for field site culture representatives in September, where EEO specialist and trainer Renelle Hansen led some of the meetup’s team-focused sessions.

“Diversity, equality, and inclusion are imbedded into the culture of our organization,” Hansen said, noting that EEO offers additional topics like “Four Lenses” and a course on cultural intelligence. “Trainings like these continue to educate and spread awareness about the people we work with, our customers, and the warfighter.” 

Barstow Environmental Branch Supervisor Liz Carroll serves as the “Culture Champion” for West Region property disposal personnel. She said she hoped that the group training event would give culture reps better insight on who to contact or what to do when making decisions that might need to involve the employee union, DLA Human Resources or the sub-command’s Sexual Assault Prevention Representative.

“I learned that culture is not just cake and ice cream,” said Supply Technician Rindy Hughes. “(It’s) creating fair values, beliefs and behaviors that determine how employees and leadership interact, perform, and handle day-to-day activities.”

Carroll said the summit produced great conversations and helped site culture reps get a better understanding of what region leadership expects out of that collateral duty role.

Tucson site Property Disposal Technician Ruben Sarago said the event helped participants gain “a clear understanding of how to interact, listen and assist.”

“I personally make it my duty to speak with the Tucson team daily,” Sarago said. “When the culture is solid, the team will [exceed] standards.”
#### People v Ellison

2d Dept: 138 AD3d 1137 (Queens)

denied 8/3/16 (Stein, J.)
<TABLE> <S> <C>

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<SECURITIES>                                 1,597,040               1,532,614
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</TABLE>
#### People v Beharry

2d Dept: 139 AD3d 869 (Kings)

denied 8/17/16 (Pigott, J.)
1241_La Cygne_2_Part_III_Process_Data_notes.txt

This file contains additional information for the 1 241_La Cygne_2_Part_III_Process_Data.xls Process Data_Metals_Testing worksheet: The Flue Ga s Flow Rate (dscfm) was calculated by using plant provided data in scfm and average moisture data for the metals test series.

Page 1
# DLA Aviation at Ogden hosts supply chain immersion day for local college students

/ Published Nov. 9, 2022
RICHMOND, Va., 
Defense Logistics Agency Aviation at Ogden partnered with the Ogden Air Logistics Complex and 748th Supply Chain Management Group, both on Hill Air Force Base, Utah, to host a group of students and faculty from nearby Weber State University Oct. 27.

The event, titled Supply Chain Immersion Day, brought in close to 30 WSU students majoring in supply chain management. DLA Aviation at Ogden Commander Air Force Col. Jason Okumura hosted the event.

“We were excited to offer this and other opportunities to strengthen community ties in areas of shared interest,” Okumura said. “We saw this as an important way to connect with folks who already have education and experience in fields relevant to our business of supporting the warfighter.”

“Compared with industry, there are significantly fewer touchpoints to provide general awareness on how our team serves our country,” Okumura said.

Okumura said they reached out to the university with the intention of introducing/showcasing the important work that goes on across Hill Air Force Base, from the maintenance artisans turning wrenches to supply chain professionals who ensure the parts they need are there when they need them. 

Broc Matheson is one of the WSU students who took advantage of the invitation.

“As a current supply chain student, I want to take advantage of all opportunities to grow my knowledge or understanding of the industry and with this tour,” Matheson said. I was blown away by how much knowledge we were given,” Matheson said.
No. 09-11322.

#### Carl Dwayne Simmons, Petitioner v. California.

562 U.S. 874, 131 S. Ct. 178,

178 L. Ed. 2d 107,

2010 U.S. LEXIS 6515.

October 4, 2010.

Petition for writ of certiorari to the Supreme Court of California denied.
No. 09-11037.

#### William Lee Brothers, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

562 U.S. 860, 131 S. Ct. 133,

178 L. Ed. 2d 81,

2010 U.S. LEXIS 6342,

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
2016-1564.

#### Nick v. Cooper.

Franklin App. No. 15AP-1109, 2016-Ohio-5678.

O’Donnell, J., dissents.
Calendar No. 701

103D CONGRESS

2D SESSION S. 2424

A BILL

To expand the boundaries of the Stones River Napurposes. tional Battlefield in Tennessee, and for other

SEPTEMBER 30 (legislative day, SEPTEMBER 12), 1994

Reported without amendment
II

Calendar No. 701

103D CONGRESS

2D SESSION S. 2424

To expand the boundaries of the Stones River National Battlefield in

Tennessee, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 25 (legislative day, AUGUST 18), 1994

Mr. SASSER (for himself and Mr. MATHEWS) introduced the following bill;

which was read twice and referred to the Committee on Energy and Natural Resources

SEPTEMBER 30 (legislative day, SEPTEMBER 12), 1994

Reported by Mr. JOHNSTON, without amendment

A BILL

To expand the boundaries of the Stones River National

Battlefield in Tennessee, 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,

3 SECTION 1. EXPANSION OF BATTLEFIELD.

4 The first sentence of section 1(a) of the Act entitled

5 ‘‘An Act to amend the boundaries of Stones River Na6 tional Battlefield, Tennessee, and for other purposes’’, ap7 proved December 23, 1987 (16 U.S.C. 426n(a)) is amend-
2

•S 2424 RS

1 ed by striking out ‘‘numbered 327/80,004B, and dated

2 November 1991’’ and inserting in lieu thereof ‘‘numbered

3 327/80,011, and dated May 1994’’.

4 SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

5 There are authorized to be appropriated such sums

6 as may be necessary to carry out the amendment made

7 by this Act.
# C_2014045EN.01001701.xml

| 15.2.2014 | EN | Official Journal of the European Union | C 45/17 |
| --- | --- | --- | --- |

15.2.2014

EN

Official Journal of the European Union

C 45/17

---

Request for a preliminary ruling from the Krajský súd v Prešove (Slovakia) lodged on 29 October 2013 — CD Consulting s.r.o. v Marián Vasko

(Case C-558/13)

2014/C 45/30

Language of the case: Slovakian

Referring court

Referring court

Krajský súd v Prešove

Parties to the main proceedings

Parties to the main proceedings

Applicant: CD Consulting s.r.o.

Applicant:

Defendant: Marián Vasko

Defendant:

Question referred

Question referred

Must Article 6(1) of Council Directive 93/13/EEC (1) of 5 April 1993 on unfair terms in consumer contracts and Article 4 of Council Directive 87/102/EEC (2) of 22 December 1986 for the approximation of the laws, regulations and administrative provisions of the Member States concerning consumer credit be interpreted as precluding legislation of a Member State, such as the legislation at issue in the main proceedings, which in principle does not allow the national court deciding on rights under an endorsed bill of exchange at any stage of the proceedings to examine of its own motion the agreement and the basis of the legal relationship and the possible unfair nature of a contractual term and any breach of the law regulating the consequences of the failure to state the APR in the consumer credit agreement from which the bill of exchange arose?

1

2

---

(1)  OJ 1993 L 95, p. 29.

1

(2)  OJ 1987 L 42, p. 48.

2

---
Exhibit 31.1
**CERTIFICATIONS**
I, Craig J. Cerny, certify that:
 1. I have reviewed this quarterly report on Form 10-Q ofHarrington West Financial Group, Inc.;  2. Based on my knowledge, this report does not contain anyuntrue statement of a material fact or omit to state a material factnecessary to make the statements made, in light of the circumstancesunder which such statements were made, not misleading with respectto the period covered by this report;  3. Based on my knowledge, the financial statements, and otherfinancial information included in this report, fairly present in allmaterial respects the financial condition, results of operations andcash flows of the registrant as of, and for, the periods presentedin this report;  4. The registrant’s other certifying officers and I areresponsible for establishing and maintaining disclosure controls andprocedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)for the registrant and have:
 (a) Designed such disclosure controlsand procedures, or caused such disclosure controls andprocedures to be designed under our supervision, toensure that material information relating to theregistrant, including its consolidated subsidiaries, ismade known to us by others within those entities,particularly during the period in which this report isbeing prepared;  (b) Evaluated the effectiveness of theregistrant’s disclosure controls and procedures andpresented in this report our conclusions about theeffectiveness of the disclosure controls andprocedures, as of the end of the period covered by thisreport based on such evaluation; and  (c) Disclosed in this report any changein the registrant’s internal control over financialreporting that occurred during the registrant’s mostrecent fiscal quarter that has materially affected, oris reasonably likely to materially affect, theregistrant’s internal control over financial reporting;and
 5. The registrant’s other certifying officers and I havedisclosed, based on our most recent evaluation of internal controlover financial reporting, to the registrant’s auditors and the auditcommittee of the registrant’s board of directors (or personsperforming the equivalent function):
 (a) All significant deficiencies andmaterial weaknesses in the design or operation ofinternal control over financial reporting which arereasonably likely to adversely affect the registrant’sability to record, process, summarize and reportfinancial information; and
 

 

 (b) Any fraud, whether or not material, that involves managementor other employees who have a significant role in the registrant’sinternal controls over financial reporting.   Date: August 12, 2004      /s/ Craig J. Cerny   Craig J. Cerny, Chief Executive Officer
# Inductees to 2024 DLA Hall of Fame announced

/ Published March 18, 2024
FORT BELVOIR, Va., 
Defense Logistics Agency Director Army Lt. Gen. Mark Simerly has announced inductees of the 2024 DLA Hall of Fame.

“The Hall of Fame recognizes former DLA civilian and military team members who made significant and lasting contributions to the agency and its mission and represent the core DLA values and ideals we strive to uphold today,” he said in a memo to DLA senior leaders.

Inductees are:
      - Darlene Ferrante, posthumous, former DLA Distribution customer account manager, DLA Human Resources
      - Twila Gonzales, former deputy commander of DLA Distribution
      - Carol O’Leary, former director of DLA Finance for DLA Energy
      - Retired Army Lt. Gen. Darrell Williams, former DLA director
      - Kenneth Winslette, former director of strategic acquisition for DLA Aviation

The new members will be inducted at 2 p.m. May 21 in the McNamara Headquarters Complex auditorium.

The DLA Hall of Fame was created by the agency’s 13th director, Army Lt. Gen. Henry Glisson. He called the first inductees in 1998 great Americans and patriots.

“We need to take pause and recognize the people whose accomplishments made us what we are,” he said. “We have a great legacy and our inductees are largely responsible for that. They set the standards and values for DLA today.”
No. 09-9553.

#### Carlo Zaccagnini, Petitioner v. United States.

562 U.S. 949, 131 S. Ct. 68,

178 L. Ed. 2d 245,

2010 U.S. LEXIS 7842.

October 4, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit denied.

Justice Kagan took no part in the consideration or decision of this petition.

Same case below, 357 Fed. Appx. 132.
#### The People of the State of New York, Respondent, v Robert E. Price, Appellant.

[48 NYS3d 725]

Appeal by the defendant from an order of the County Court, Suffolk County (Kahn, J.), dated February 16, 2016, which, after a hearing, designated him a level two sex offender pursuant to Correction Law article 6-C.

Ordered that the order is affirmed, without costs or disbursements.

In establishing a defendant’s risk level pursuant to the Sex Offender Registration Act (Correction Law art 6-C; hereinafter SORA), the People bear the burden of establishing, by clear and convincing evidence, the facts supporting the determinations sought *(see*Correction Law § 168-n [3]; *People v Pettigrew,*14 NY3d 406, 408 [2010]; *People v Mingo,*12 NY3d 563, 571 [2009]). In assessing points, evidence may be derived from the defendant’s admissions, the victim’s statements, evaluative reports completed by the supervising probation officer, the parole officer, or the corrections counselor, case summaries prepared by the Board of Examiners of Sex Offenders, or any other reliable source, including reliable hearsay *(see People v Mingo,*12 NY3d at 571-573; *People v Villanueva,*143 AD3d 794 [2016]; *People v Morrell,*139 AD3d 835 [2016]; *People v Sanchez,*136 AD3d 1007 [2016]). Presentence reports meet the reliable hearsay standards for admissibility at SORA proceedings (see *People v Mingo,*12 NY3d at 573; *People v Villanueva,*143 AD3d at 794).

Contrary to the defendant’s contention, the County Court properly assessed him 15 points under risk factor 11 (drug or alcohol abuse). The assessment of these points was supported by clear and convincing evidence in the record, including the defendant’s statements in the presentence report *(see People v Villanueva,*143 AD3d at 794; *People v Morrell,*139 AD3d at 836; *People v Palacios,*137 AD3d 761, 762 [2016]; *People v Torres,*124 AD3d 744, 745 [2015]; *cf. People v Palmer,*20 NY3d 373 [2013]).

Accordingly, the County Court properly designated the defendant a level two sex offender.

Eng, P.J., Leventhal, Cohen and Duffy, JJ., concur.