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# C_2013367EN.01003402.xml

| 14.12.2013 | EN | Official Journal of the European Union | C 367/34 |
| --- | --- | --- | --- |

14.12.2013

EN

Official Journal of the European Union

C 367/34

---

Action brought on 8 October 2013 Rosian Express v OHIM (Shape of a box)

(Case T-547/13)

2013/C 367/61

Language of the procedure: Romanian

Parties

Parties

Applicant: Rosian Express Srl (Mediaș, Romania) (represented by: E. Grecu, lawyer)

Applicant:

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

Defendant:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs); |
| --- | --- |

—

annul the decision of the Fifth Board of Appeal of the Office for Harmonisation in the Internal Market (Trade Marks and Designs);

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

—

order the defendant to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Community trade mark concerned: three-dimensional mark representing the shape of a box, for goods and services in Classes 28 and 35

Community trade mark concerned:

Decision of the Examiner: Refusal of the application

Decision of the Examiner:

Decision of the Board of Appeal: Dismissal of the appeal

Decision of the Board of Appeal:

Pleas in law: Misinterpretation of Article 7(1)(b) of Regulation No 207/2009

Pleas in law:

---
Court of Appeals

Sixth Appellate District of Texas

JUDGMENT

Deutsche Bank Trust Company, N. A. a/k/a 

Deutsche Bank National Trust Company, 

Appellant

No. 06-13-00003-CV v.

Kenneth W. Hall and Roberta Hall, 

Appellees

Appeal from the 402nd Judicial District 

Court of Wood County, Texas (Tr. Ct. No. 

2012-474). Opinion delivered by Justice 

Moseley, Chief Justice Morriss and Justice 

Carter participating.

As stated in the Court’s opinion of this date, we find reversible error in the judgment of 

the court below. Therefore, we reverse the judgment of the trial court and remand the cause for 

further proceedings.

We further order that the appellees, Kenneth W. Hall and Roberta Hall, pay all costs of 

this appeal.

RENDERED MAY 7, 2013

BY ORDER OF THE COURT

JOSH R. MORRISS, III

CHIEF JUSTICE

ATTEST:

Debra K. Autrey, Clerk
Exhibit 32.1
                                                                    ------------


  CERTIFICATION OF INTERIM CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER

  Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.ss.1350)


Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 (18 U.S.C.ss.1350),
the undersigned, Edward James, Interim Chief Executive Officer and Chief
Financial Officer of Network-1 Security Solutions, Inc., a Delaware corporation
(the "Company"), does hereby certify, to his knowledge, that:

The Quarterly Report on Form 10-QSB for the six months ended June 30, 2003 of
the Company (the "Report") fully complies with the requirements of section 13(a)
or 15(d) of the Securities Exchange Act of 1934, and the information contained
in the Report fairly presents, in all material respects, the financial condition
and results of operations of the Company.



                                           /s/ Edward James
                                           -------------------------------------
                                           Edward James
                                           Interim Chief Executive Officer and
                                           Chief Financial Officer
                                           November 14, 2003
----

----

| (1)   | the Report fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and |
|-----------------|-----------------------------------------------------------------------------------------------------------------------------------|

| (2)   | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company. |
|-----------------|------------------------------------------------------------------------------------------------------------------------------------------------------|

|   | By:    | /s/ Wayne S. Peterson               |   |
|--------|--------|-------------------------------------|--------|
|   |   | Wayne S. Peterson                   |
|   |   | SVP – Chief Financial Officer |

----

----
May 9, 2013



### JUDGMENT



## The Fourteenth Court of Appeals

THE STATE OF TEXAS , Appellant

NO. 14

- 12

- 00284

- CR V.

STEPHANIE SANDERS , Appellee

____________________

This cause was heard on the transcript of the record of the court below. The

record reveals error in the judgment. The Court orders the judgment REVERSED

and the cause REMANDED for further proceedings in accordance with its

opinion, and orders this decis ion certified below for observance.
AMENDMENT TO THE


NIC INC. EMPLOYEE STOCK PURCHASE PLAN








A.           NIC Inc., a Delaware corporation, (the "Company") adopted the NIC Inc. Employee Stock Purchase Plan (the "Plan") in 1999 to give employees of the Company the opportunity to purchase stock of the Company.





B.           The Company desires to amend the Plan, effective for offerings beginning on and after April 1, 2010, to comply with certain final Treasury regulations relating to employee stock purchase plans intended to satisfy the requirements of Section 423 of the Internal Revenue Code.





C.           Section 13(a) of the Plan permits the Board of Directors of the Company to amend the Plan at any time.





AMENDMENTS





Effective April 1, 2010, the Plan is hereby amended as set forth below:





1.           A new Section 5(e) shall be inserted as provided below and the current Section 5(e) shall be renumbered to be Section 5(f):





(e)               In no event shall an employee be entitled to purchase, for any Offering, more than the lesser of (i) 25,000 shares, or (ii) the maximum number of shares permitted to be purchased under Section 5(f) below.





2.           At the beginning of Section 6(a), the following phrase shall be added, "Subject to the limitations set forth in Sections 5(e) and (f),".





3.           In all other respects, the Plan shall remain in effect and following execution of this Amendment, the Plan shall be restated with the above changes incorporated therein.





The Company has adopted this Amendment on February 1, 2010.
#### New Century Mortgage Corporation, Appellant, v Brian Davis et al., Defendants.

[90 NYS3d 435]

Appeal by the plaintiff from an order of the Supreme Court, Kings County (Robin S. Garson, J.), dated December 2, 2015. The order denied the plaintiff’s motion to vacate an order of *928that court (Lawrence Knipel, J.) dated February 18, 2014, which conditionally dismissed the action pursuant to CPLR 3216, and to restore the action to the calendar, and directed the dismissal of the action.

Ordered that the order dated December 2, 2015, is reversed, on the law, without costs or disbursements, and the plaintiff’s motion to vacate the order dated February 18, 2014, and to restore the action to the calendar is granted.

The plaintiff commenced this action to foreclose a mortgage. After the defendants failed to answer, the plaintiff obtained an order of reference dated August 9, 2006. In an order dated January 7, 2013, the Supreme Court granted that branch of the plaintiff’s motion which was to vacate the order of reference but denied that branch of the motion which was for a new order of reference. In an order dated February 18, 2014, the court conditionally dismissed the action for want of prosecution pursuant to CPLR 3216. The action was thereafter administratively dismissed on June 5, 2014. Subsequently, the plaintiff moved to vacate the conditional order of dismissal dated February 18, 2014, and to restore the action to the calendar. In an order dated December 2, 2015, the court denied the motion and “dismissed” the action. The plaintiff appeals, and we reverse.

CPLR 3216 permits dismissal of a party’s pleading where certain conditions precedent have been met *(see Wells Fargo Bank, N.A. v Pinargote,*150 AD3d 1311, 1311 [2017]). Here, issue was never joined and, thus, at least one such condition precedent was lacking *(see*CPLR 3216 [b] [1]; *Wells Fargo Bank, N.A. v Pinargote,*150 AD3d at 1311; *Deutsche Bank Natl. Trust Co. v Hall,*149 AD3d 803, 804 [2017]; *Downey Sav. & Loan Assn., F.A. v Aribisala,*147 AD3d 911, 912 [2017]; *U.S. Bank N.A. v Bassett,*137 AD3d 1109, 1110 [2016]). As a consequence, the Supreme Court was without authority to dismiss the action pursuant to CPLR 3216 *(see Wells Fargo Bank, N.A. v Pinargote,*150 AD3d at 1311; *Downey Sav. & Loan Assn., F.A. v Aribisala,*147 AD3d at 912; *U.S. Bank N.A. v Bassett,*137 AD3d at 1110).

Accordingly, the Supreme Court should have granted the plaintiff’s motion to vacate the conditional order of dismissal dated February 18, 2014, and to restore the action to the calendar.

Rivera, J.P., Dillon, Connolly and Iannacci, JJ., concur.
SPOT TITLE: Ethan B. Vignette

LENGTH: 1:29

AD-ID: VCDC1445000H

AS-RECORDED SCRIPT:

ART CARD: I THOUGHT IT WAS COOL

 A Former Smoker’s Story

ETHAN: My name is Ethan. I smoked, I've had multiple strokes.

We see Ethan walking through a doorway.

ETHAN: I thought smoking was cool, the gangsters in the movie smoked...

Super: Ethan B., 59, California

Cut to a close up of Ethan sitting in a chair talking to camera. He is wearing a 

denim button up.

ETHAN: ...the people in the commercials smoked. And when you’d inhale it you'd 

like the...the menthol would kind of like fill your chest...

Cut to Ethan sitting at a table in a kitchen, flipping through magazines. 

ETHAN: ...and it was supposed to be smoother and cooler than other cigarettes...

ART CARD: TOBACCO COMPANIES ADD MENTHOL TO TOBACCO PRODUCTS TO 

MAKE THEM SEEM LESS HARSH.

ETHAN: Well, I was always pretty athletic.

Cut to a close up on Ethan speaking to camera and sitting in a chair. 

ETHAN: There was a time when I noticed I... I could feel it. Like I could feel the 

cigarettes and I noticed my wind like my... my endurance was different. My 

confidence was kind of based on that, that's what made me feel like a man I was 

strong I could run.
ART CARD: MENTHOLS ARE JUST AS DAMAGING AS OTHER CIGARETTES.

Cut to Ethan at a kitchen sink washing dishes.

ETHAN: You know things that used to be real easy to do started to become a task.

Cut to Ethan speaking to camera and sitting in a chair.

ETHAN: Why do I feel so tired, you know? I didn't even do anything why do I feel 

like I ran 8 miles and...and I didn't. 

Cut to Ethan looking out of a glass door. 

ETHAN: It was depressing. The second stroke I vividly remember everything 

getting loud...

Cut to a close up of Ethan speaking to camera and sitting in a chair.

ETHAN: ...just everything became increasingly louder and louder and louder until 

it was just like a boom boom boom.

Cut to an image of Ethan on a hospital gurney being pushed by EMTs.

ETHAN: I woke up in the ambulance and I don't want it to happen again.

Cut to a close up of Ethan speaking to camera and sitting in a chair.

ETHAN: I quit smoking, I became more conscious of how valuable and precious life 

is. I'm not going to increase my odds of ever having another stroke and... smoking 

is the worst thing I've ever done.

ART CARD: You can quit. For free help, visit CDC.GOV/QUIT

Logo/legal: CDC

Sponsored by the U.S. Department of Health and Human Services.

#CDCTips
# C_2013178EN.01001202.xml

| 22.6.2013 | EN | Official Journal of the European Union | C 178/12 |
| --- | --- | --- | --- |

22.6.2013

EN

Official Journal of the European Union

C 178/12

---

Action brought on 15 April 2013 — Deutsche Rockwool Mineralwoll/OHIM — Recticel (Lambda)

(Case T-215/13)

2013/C 178/23

Language in which the application was lodged: English

Parties

Parties

Applicant: Deutsche Rockwool Mineralwoll GmbH & Co. OHG (Gladbeck, Germany) (represented by: J. Krenzel, lawyer)

Applicant:

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

Defendant:

Other party to the proceedings before the Board of Appeal: Recticel SA (Brussels, Belgium)

Other party to the proceedings before the Board of Appeal:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | Set aside the decision of the defendant, R 112/2012-5, and |
| --- | --- |

—

Set aside the decision of the defendant, R 112/2012-5, and

| — | Impose the costs on the defendant. |
| --- | --- |

—

Impose the costs on the defendant.

Pleas in law and main arguments

Pleas in law and main arguments

Registered Community trade mark in respect of which an application for revocation has been made: The figurative mark representing the Greek letter lambda in red and white colours, Community trade mark registration No 2 960 789

Registered Community trade mark in respect of which an application for revocation has been made:

Proprietor of the Community trade mark: The other party to the proceedings before the Board of Appeal

Proprietor of the Community trade mark:

Party applying for revocation of the Community trade mark: The applicant

Party applying for revocation of the Community trade mark:

Decision of the Cancellation Division: Partially revoked the Community trade mark

Decision of the Cancellation Division:

Decision of the Board of Appeal: Partially dismissed the appeal

Decision of the Board of Appeal:

Pleas in law: Infringement of Article 51(1)(a) of Council Regulation No 207/2009.

Pleas in law:

---
No. 10-5648.

#### Buddy Eugene Manning, Petitioner v. United States.

562 U.S. 1128, 131 S. Ct. 898,

178 L. Ed. 2d 739,

2011 U.S. LEXIS 481.

January 10, 2011.

Motion of petitioner for leave to proceed in forma pauperis and petition for writ of certiorari granted. Judgment vacated, and case remanded to the United States Court of Appeals for the Eighth Circuit for further consideration in light of Carr v. United States, 560 U.S. 438, 130 S. Ct. 2229, 176 L. Ed. 2d 1152 (2010).
# Women's Equality Day Celebrated in Columbus

/ Published Aug. 31, 2016
COLUMBUS, Ohio, The Defense Supply Center Columbus hosted its 2016 Women’s Equality Day program at the building 11 auditorium August 17 featuring a five-member panel who addressed women’s workforce and social issues – to include challenges and successes. Panelists representing education, human resources, human trafficking and other professional disciplines shared their views with the audience during the hour-long event.Jim McClaugherty, acting DLA Land and Maritime commander spoke to the audience, chronicling significant events which highlighted the women’s movement in America. He pointed out that the DSCC installation, which opened in 1918, actually predated the 19th Amendment enacted in 1920 which empowered women with voting rights.Characterizing a quote from President Barack Obama and identifying examples of local successful women like Congresswoman Joyce Beatty, Whitehall Mayor Kim Maggard and incoming DLA Land and Maritime Commander Rear Admiral Michelle Skubic McClaugherty said, “Empowering women isn’t just the right thing to do – it’s the smart thing to do... When women succeed, nations are more safe, more secure, and more prosperous.”And that theme of prosperity linked to inclusion was expounded upon by the impressive group of panelist gathered to help highlight the event. Included were: Ms. Debra Yates, executive assistant to the Defense Finance and Accounting Service; Ms. Bryanttani Baker who works as an Anti-Human Trafficking Program Coordinator for the Salvation Army; Mrs. Gloria Milliner – a military veteran who now works as a human resource specialist; Mr. Ernest Evans, site lead, Midwest Region for the Defense Acquisition University and Air Force Col. Brad Tannehill, director of the DLA Land and Maritime People and Culture directorate.Each panelist fielded an initial question from the event’s facilitator Ms. Toye Thomas, followed by a free-flowing question and answer session that covered a wide range of issues.  Tannehill responded to the importance of workforce (and personal) resiliency and Land and Maritime’s increased emphasis in that area, while Milliner provided insight into the introduction of the new human resources evaluation system coming on line and its focus on improving the performance evaluation process. The lack of women’s representation in upper management positions throughout DFAS, DLA and the Department of Defense was also an active part of the panel discussion.McClaugherty recognized each participant with Land and Maritime mementos at the program’s conclusion for contributing their time to help ensure the event’s success.
No. 10-7358.

#### Lamont D. Parker, Petitioner v. United States.

562 U.S. 1096, 131 S. Ct. 808,

2010 U.S. LEXIS 9541.

178 L. Ed. 2d 540,

December 6, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Fourth Circuit denied.
No. 10-6463.

#### Vincent Gene Smith, Petitioner v. Rick Thaler, Director, Texas Department of Criminal Justice, Correctional Institutions Division.

562 U.S. 1048, 131 S. Ct. 606,

178 L. Ed. 2d 442,

2010 U.S. LEXIS 8809.

November 15, 2010.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.
# C_2014448EN.01002501.xml

| 15.12.2014 | EN | Official Journal of the European Union | C 448/25 |
| --- | --- | --- | --- |

15.12.2014

EN

Official Journal of the European Union

C 448/25

---

Order of the General Court of 16 October 2014 — Christodoulou and Stavrinou v Commission and ECB

(Case T-332/13) (1)

1

((Action for annulment - Support programme for stability in Cyprus - Statement by the Eurogroup concerning the restructuring of the banking sector in Cyprus - Incorrect designation of the defendant in the application - Inadmissibility))

(2014/C 448/33)

Language of the case: Greek

Parties

Parties

Applicants: Chrisanthi Christodoulou (Paphos, Cyprus) and Maria Stavrinou (Larnaka, Cyprus) (represented by: E. Efstathiou, K. Efstathiou and K. Liasidou, lawyers)

Applicants:

Defendants: European Commission (represented by: B. Smulders, J.-P. Keppene, M. Konstantinidis, Agents) and European Central Bank (ECB) (represented by: A. Sáinz de Vicuña Barroso, N. Lenihan and F. Athanasiou, Agents, and W. Bussian, W. Devroe and D. Arts, lawyers)

Defendants:

Re:

Re:

Application for annulment of the statement of the Eurogroup of 25 March 2013 concerning, inter alia, the restructuring of the banking sector in Cyprus.

Operative part of the order

Operative part of the order

| 1. | The action is dismissed as inadmissible. |
| --- | --- |

1.

The action is dismissed as inadmissible.

| 2. | Mrs Chrisanthi Christodoulou and Mrs Maria Stavrinou are ordered to bear their own costs and to pay the costs incurred by the European Commission and the European Central Bank (ECB). |
| --- | --- |

2.

Mrs Chrisanthi Christodoulou and Mrs Maria Stavrinou are ordered to bear their own costs and to pay the costs incurred by the European Commission and the European Central Bank (ECB).

---

(1)  OJ C 252, 31.8.2013.

1

---