alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2015096EN.01001701.xml

| 23.3.2015 | EN | Official Journal of the European Union | C 96/17 |
| --- | --- | --- | --- |

23.3.2015

EN

Official Journal of the European Union

C 96/17

---

Judgment of the General Court of 5 February 2015 — nMetric LLC v OHIM (SMARTER SCHEDULING)

(Case T-499/13) (1)

1

((Community trade mark - International registration designating the European Community - Word mark SMARTER SCHEDULING - Absolute ground for refusal - Lack of distinctiveness - Article 7(1)(b) of Regulation (EC) No 207/2009))

(2015/C 096/21)

Language of the case: English

Parties

Parties

Applicant: nMetric LLC (Costa Mesa, California, United States) (represented by: T. Fuchs and A. Münch, lawyers)

Applicant:

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

Defendant:

Re:

Re:

Action brought against the decision of the Second Board of Appeal of OHIM of 17 June 2013 (Case R 887/2012-2), concerning the international registration, designating the European Community, of the word mark SMARTER SCHEDULING.

Operative part of the judgment

Operative part of the judgment

The Court:

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

1.

Dismisses the action;

| 2. | Orders nMetric LLC to pay the costs. |
| --- | --- |

2.

Orders nMetric LLC to pay the costs.

---

(1)  OJ C 344, 5.2.13.

1

---
[Federal Register Volume 63, Number 133 (Monday, July 13, 1998)]
[Notices]
[Page 37559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18501]



[[Page 37559]]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission
[Docket No. RP98-312-000]


Williston Basin Interstate Pipeline Company; Notice of Proposed 
Changes in FERC Gas Tariff

July 7, 1998.
    Take notice that on July 1, 1998, Williston Basin Interstate 
Pipeline Company (Williston Basin), tendered for filing as part of its 
FERC Gas Tariff, Second Revised Volume No. 1, the following revised 
tariff sheets to become effective August 1, 1998:

Second Revised Volume No. 1
Fourth Revised Sheet No. 371
Second Revised Sheet No. 372

    Williston Basin states that the tariff sheets reflect modifications 
to Williston Basin's FERC Gas Tariff in compliance with the 
Commission's Order No. 587-G issued April 16, 1998, in Docket No. RM96-
1-007. The tariff sheets reflect the Gas Industry Standards Board 
(GISB) Version 1.2 standards adopted by the Commission in such Order.
    Any person desiring to be heard or to protest this filing should 
file a motion to intervene or a protest with the Federal Energy 
Regulatory Commission, 888 First Street, N.E., Washington, D.C. 20426, 
in accordance with Sections 385.214 and 385.211 of the Commission's 
Rules and Regulations. All such motions or protests must be filed as 
provided in Section 154.210 of the Commission's Rules and Regulations. 
Protests will be considered by the Commission in determining the 
appropriate action to be taken, but will not serve to make protestants 
parties to the proceedings. Any person wishing to become a party must 
file a motion to intervene. Copies of this filing are on file with the 
Commission and are available for public inspection in the Public 
Reference Room.
David P. Boergers,
Acting Secretary.
[FR Doc. 98-18501 Filed 7-10-98; 8:45 am]
BILLING CODE 6717-01-M
No. 11-5165.

#### Patrick Daniel, Petitioner v. Barry Davis, Warden.

565 U.S. 893, 132 S. Ct. 276,

181 L. Ed. 2d 164,

2011 U.S. LEXIS 5593.

October 3, 2011.

Petition for writ of certiorari to the United States Court of Appeals for the Sixth Circuit denied.
```
[Federal Register Volume 63, Number 132 (Friday, July 10, 1998)]
[Proposed Rules]
[Page 37296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18432]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 63, No. 132 / Friday, July 10, 1998 / 
Proposed Rules

[[Page 37296]]

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

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 1 and 301

[REG-104537-97]
RIN 1545-AV11

Guidance Under Subpart F Relating to Partnerships and Branches; 
Hearing Cancellation

AGENCY: Internal Revenue Service, Treasury.

ACTION: Cancellation of notice of public hearing on proposed 
regulations.

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

SUMMARY: This document provides notice of cancellation of a public 
hearing on proposed regulations relating to the treatment under subpart 
F of certain branches of a controlled Foreign Corporation that are 
treated as separate entities for foreign tax purposes.

DATES: The public hearing originally scheduled for Wednesday, July 15, 
1998, beginning at 10:00 a.m. is cancelled.

FOR FURTHER INFORMATION CONTACT: Mike Slaughter of the Regulations 
Unit, Assistant Chief Counsel (Corporate), (202) 622-7190, (not a toll-
free number).

SUPPLEMENTARY INFORMATION: The subject of the public hearing is 
proposed regulations under sections 702, 952, 954, 956, and 7701 of the 
Internal Revenue Code. A notice of proposed rulemaking and notice of 
public hearing appearing in the Federal Register on Thursday, March 26, 
1998 (63 FR 14669), announced that the public hearing would be held on 
Wednesday, July 15, 1998, beginning at 10:00 a.m., in room 2615, 
Internal Revenue Building, 1111 Constitution Avenue, NW. Washington, 
D.C.
    The public hearing scheduled for Wednesday, July 15, 1998, is 
cancelled.
Cynthia E. Grigsby,
Chief, Regulations Unit, Assistant Chief Counsel (Corporate).
[FR Doc. 98-18432 Filed 7-9-98; 8:45 am]
BILLING CODE 4830-01-U
```
# C_2015205EN.01001102.xml

| 22.6.2015 | EN | Official Journal of the European Union | C 205/11 |
| --- | --- | --- | --- |

22.6.2015

EN

Official Journal of the European Union

C 205/11

---

Judgment of the Court (Second Chamber) of 22 April 2015 — Christoph Klein v European Commission

(Case C-120/14 P) (1)

1

((Appeal - Non-contractual liability - Directive 93/42/EEC - Articles 8 and 18 - Medical devices - Inaction by the Commission following notification of a decision to prohibit placing on the market - Limitation period - Suspensory effect of an application for legal aid on the limitation period - Safeguard clause procedure))

(2015/C 205/15)

Language of the case: German

Parties

Parties

Appellant: Christoph Klein (represented by: H. Ahlt and M. Ahlt, Rechtsanwälte)

Appellant:

Other party to the proceedings: European Commission (represented by: A. Sipos and G. von Rintelen, acting as Agents)

Other party to the proceedings:

Operative part of the judgment

Operative part of the judgment

The Court:

| 1. | Sets aside the judgment of the General Court of the European Union in Klein v Commission (T-309/10, EU:T:2014:19) in so far as, by that judgment, the General Court dismissed the action in that it sought that the European Commission be ordered to pay compensation for the damage allegedly suffered by Mr Christoph Klein from 15 September 2006; |
| --- | --- |

1.

Sets aside the judgment of the General Court of the European Union in Klein v Commission (T-309/10, EU:T:2014:19) in so far as, by that judgment, the General Court dismissed the action in that it sought that the European Commission be ordered to pay compensation for the damage allegedly suffered by Mr Christoph Klein from 15 September 2006;

| 2. | dismisses the appeal as to the remainder; |
| --- | --- |

2.

dismisses the appeal as to the remainder;

| 3. | refers the case back to the General Court of the European Union; |
| --- | --- |

3.

refers the case back to the General Court of the European Union;

| 4. | reserves the costs. |
| --- | --- |

4.

reserves the costs.

---

(1)  OJ C 184, 16.06.2014.

1

---
No. 10-6855.

#### In re Harold Staffney, Petitioner.

562 U.S. 1107, 131 S. Ct. 824,

178 L. Ed. 2d 580,

2010 U.S. LEXIS 9689.

December 13, 2010.

Motion of petitioner for leave to proceed in forma paup*581eris denied, and petition for writ of mandamus dismissed. See Rule 39.8.
No. 11M20.

#### Dwayne Iverson, Petitioner v. Verizon Communications.

565 U.S. 809, 132 S. Ct. 80,

181 L. Ed. 2d 12,

2011 U.S. LEXIS 6809.

October 3, 2011.

Motion to direct the Clerk to file a petition for writ of certiorari out of time under Rule 14.5 denied.
DLA Distribution Richmond, Virginia

Mr. Ben Harvey

Deputy Director

Ben Harvey assumed the position as the DLA Distribution Richmond, 

Virginia, deputy director on Oct. 31, 2016. 

A native of Signal Mountain, Tennessee, Harvey graduated from the University 

of Tennessee at Chattanooga in 1986 with a Bachelor of Science degree in 

Political Science and was commissioned as an Army second lieutenant.

His first assignment was as a tank platoon leader in 24th Infantry Division at 

Fort Stewart, Georgia. He has served in a variety of positions including tank 

company executive officer in 24th Infantry Division, range safety officer at 

the Wildflecken Training Area, tank company commander in 3rd Infantry 

Division, cavalry squadron S4 in 5-17 Cavalry, cavalry headquarters troop 

commander in 2d Armored Cavalry Regiment, J3 planner in Joint Task Force 

Civil Support, S3 of the Special Troops Battalion in the 167th TSC, support operations section in 13th ESC, J5 

future plans officer and J9 director at DLA Distribution headquarters, and strategic planner at the Army Materiel 

Command. 

Harvey’s assignments include Fort Knox, Kentucky; Fort Stewart, Georgia; Wildflecken, Germany; Schweinfurt, 

Germany; Fort Liberty, North Carolina; Camp Pelham, South Korea; Fort Johnson, Lousiana; Birmingham, 

Alabama; Fort Monroe, Virginia; Fort Cavazos, Texas; New Cumberland, Pennsylvania; and Redstone Arsenal, 

Alabama. Harvey completed tours in Operation Desert Shield, Operation Desert Storm, and Operation Iraqi 

Freedom.

His military education includes: Airborne School, Armor Officer Basic and Advance Courses, Combined Arms 

and Service Staff School, Command and General Staff Officer Course, Support Operations Course, Senior 

Transportation Officer Qualification Course, Quartermaster Officer Advanced Course, JOPES Support Personnel 

Course, and the JOPES Action Officer Course. Harvey also has a Master of Business Administration in Project 

Management from Columbia Southern University.

Harvey’s decorations include the Bronze Star Medal, Meritorious Service Medal (one oak leaf cluster), Joint Service 

Commendation Medal, Joint Service Achievement Medal, Army Commendation Medal with “V” Device, Army 

Commendation Medal (three oak leaf clusters), Army Achievement Medal, National Defense Service Medal, 

Army Service Ribbon, Overseas Ribbon (four oak leaf clusters), Kuwaiti Liberation Medal, Southwest Asia Service 

Medal, Global War on Terrorism, and the Korean Defense Medal.
DLA Distribution Corpus Christi, Texas

Lt. Col. Timothy J. Owens

United States Army

Commander

Army Lt. Col. Timothy J. Owens became the commander of Defense Logistics 

Agency Distribution Corpus Christi, Texas, June 27, 2023. His most recent 

assignment was with Joint Task Force National Capital Region as a joint 

logistics plans and operations officer in Washington, DC. 

Owens is a native of East Hampton, Connecticut. He received a Reserve Officers’ 

Training Corps scholarship to Virginia Tech where he earned a Bachelor of 

Arts degree in political science and international relations. Upon graduating 

in 2004, Owens was commissioned as a 2nd lieutenant in the Transportation 

Corps. 

Owens also holds a master’s degree in business administration and a master of science degree in strategic 

management from Indiana University.

Owens arrived at Fort Drum, New York, in May 2005, where he was assigned to the 210th Brigade Support 

Battalion, 2nd Brigade Combat Team. In August 2006, he deployed with the 210th BSB for a 15-month rotation in 

support of Operation Iraqi Freedom f2006-08. Owens took command of Golf Battery-Forward Support Company, 

2-15 Field Artillery and deployed with his company to Iraq in 2009 to support OIF 2009-10. 

Upon graduation from the career course, Owens was assigned as an observer, coach/trainer at the Joint Readiness 

Training Center located in Fort Johnson, Louisiana. Owens was then stationed at Fort Gregg-Adams, Virginia, as 

a Project Warrior instructor for the Logistics Captains Career Course.

After graduating from the Command and General Staff College, Owens was again assigned to Fort Drum as the 

10th Mountain Division transportation officer. As the DTO, he deployed with the division headquarters to Iraq 

as part of Combined Joint Task Force-Operation Inherent Resolve. Following the deployment, he served as the 

brigade logistics and planning officer for 1st Brigade Combat Team and the battalion executive officer for Army 

Field Support Battalion-Drum. 

Owens was selected as an Interagency Fellow with the Agriculture Department and spent a year as a national 

security policy analyst in Washington, DC.

His awards and decorations include the Bronze Star Medal with one oak leaf cluster, the Defense Meritorious 

Service Medal with one oak leaf cluster, the Meritorious Service Medal with three oak leaf clusters, the Army 

Commendation Medal with one oak leaf cluster, the Army Achievement Medal with two oak leaf clusters, the Iraq 

Campaign Medal, the Inherent Resolve Campaign Medal and the Combat Action Badge.
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Public Health Service 

Centers for Disease Control 

and Prevention (CDC) 

Atlanta GA 30333 

November 21, 2013 

Dear Tribal Leader: 

The Centers for Disease Control and Prevention (CDC) and the Agency for Toxic Substances 

and Disease Registry (A TSDR) are pleased to provide you with our revised Tribal Consultation 

Policy, which was updated on November 12, 2013. This revised Policy requires that all agency 

programs consult with tribal governments when developing programs, policies, and activities 

that will affect Native populations. 

The CDC/ A TSDR Tribal Consultation Policy was revised to ensure consistency and compliance 

with the U.S. Department of Health and Human Services (HHS) Tribal Consultation Policy, as 

well as the HHS Secretary's Tribal Advisory Committee Charter, the Federal Advisory 

Committee Act of 1972, and the Unfunded Mandates Reform Act of 1995- with input from 

HHS, CDC programs, the CDC/ATSDR Tribal Advisory Committee (TAC), and other 

stakeholders. 

As you are aware, on February 19, 2013, we sent out the draft revised Tribal Consultation Policy 

to the chairperson, chief, governor, president, or equivalent elected tribal leader of each federally 

recognized tribe for a review and comment period. After receiving several requests for additional 

time, we extended the comment period until May 20, providing a total of 90 days for review and 

comment. We received 15 letters during the initial comment period and one additional letter 

during the extended comment period. 

CDC has reviewed all comments received and revised the Policy to reflect these comments and 

ensure consistency and compliance with federal laws and regulations. The final version, which is 

enclosed in this letter, is also available on our Tribal Support website at: 

www.cdc.gov/tribal/consultation/policy.html. 

CDC recognizes that this is a time of transition and that we must work together continually with 

tribes to identify and act on ways to improve our processes and relationships. We are confident 

that, by following the HHS models for consultation and the TAC, we can improve upon these 

processes now and in the future. For example, we are planning open recruitment for the 11 open 

TAC delegate seats using the HHS model. We are also making other administrative changes to 

ensure CDC is strengthening its government-to-government relationships with tribes. 

Ifyou have any questions regarding the Tribal Consultation Policy, TAC, or CDC's and 

ATSDR's consultation activities with federally recognized tribal governments, please contact 

CAPT Craig Wilkins, Acting Director, Tribal Support Unit, at TribalSupport@cdc.gov. 
We look forward to continuing to strengthen the relationship among tribal governments, CDC, 

and ATSDR in promoting the health of American Indian and Alaska Native communities. 

Sincerely, 

~/,,_~rJudith A. Monroe, MD 

Director, Office for State, Tribal, Local and Territorial Support 

Deputy Director, Centers for Disease Control and Prevention 

Enclosure
No. 10-7381.

#### John Burton, Petitioner v. Washington.

562 U.S. 1152, 131 S. Ct. 940,

178 L. Ed. 2d 779,

2011 U.S. LEXIS 160.

January 10, 2011.

Petition for writ of certiorari to the Court of Appeals of Washington, Division 3, denied.
No. 11M24.

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

565 U.S. 808, 132 S. Ct. 80,

181 L. Ed. 2d 12,

2011 U.S. LEXIS 6694.

October 3, 2011.

Motion to direct the Clerk to file a petition for writ of certiorari out of time denied.
<TABLE> <S> <C>

<ARTICLE> 5
<CIK> 0001065983
<NAME> TRI-STATE OUTDOOR MEDIA GROUP, INC.
<MULTIPLIER> 1,000
<CURRENCY> U.S. DOLLARS

<S>                             <C>
<PERIOD-TYPE>                   9-MOS
<FISCAL-YEAR-END>                          DEC-31-2000
<PERIOD-START>                             JAN-01-2000
<PERIOD-END>                               SEP-30-2000
<EXCHANGE-RATE>                                      1
<CASH>                                              37
<SECURITIES>                                         0
<RECEIVABLES>                                    4,552
<ALLOWANCES>                                       453
<INVENTORY>                                        530
<CURRENT-ASSETS>                                 8,553
<PP&E>                                          93,511
<DEPRECIATION>                                  23,919
<TOTAL-ASSETS>                                 127,253
<CURRENT-LIABILITIES>                           24,624
<BONDS>                                        103,826
<PREFERRED-MANDATORY>                                0
<PREFERRED>                                          0
<COMMON>                                             2
<OTHER-SE>                                     (1,197)
<TOTAL-LIABILITY-AND-EQUITY>                   127,253
<SALES>                                         22,770
<TOTAL-REVENUES>                                23,100
<CGS>                                                0
<TOTAL-COSTS>                                   21,609
<OTHER-EXPENSES>                                   146
<LOSS-PROVISION>                                     0
<INTEREST-EXPENSE>                              10,364
<INCOME-PRETAX>                                (9,019)
<INCOME-TAX>                                         0
<INCOME-CONTINUING>                            (9,019)
<DISCONTINUED>                                       0
<EXTRAORDINARY>                                      0
<CHANGES>                                            0
<NET-INCOME>                                   (9,019)
<EPS-BASIC>                                     (45.1)
<EPS-DILUTED>                                   (45.1)


</TABLE>
**Exhibit
21**
  **LIST
OF SUBSIDIARIES**
  
  **Name
      of Subsidiary**
    **State
      of Incorporation**AA
      DCAP Greenbrook Inc. (1)
    New
      JerseyAARD-VARK
      Agency, Ltd.(2)
    New
      YorkAIA-DCAP
      Corp.(3)
    PennsylvaniaBaron
      Cycle, Inc.(4)
    New
      YorkBarry
      Scott Acquisition Corp.(4)
    New
      YorkBarry
      Scott Agency Inc.(4)
    New
      YorkBarry
      Scott Companies, Inc.(3)
    DelawareBlast
      Acquisition Corp.
    DelawareDCAP
      Management Corp.
    New
      YorkDealers
      Choice Automotive Planning Inc.
    New
      YorkDrive
      Insurance Agency, Inc.(3)
    DelawareIAH,
      Inc.
    DelawareIntandem
      Corp.
    New
      YorkPayments
      Inc.
    New
      York
 
  (1)
    Company
      owns 50% of outstanding Common Stock. (2)
    A
      wholly-owned subsidiary of Barry Scott Acquisition
Corp. (3)
    A
      wholly-owned subsidiary of Blast Acquisition
Corp. (4)
    A
      wholly-owned subsidiary of Barry Scott Companies,
Inc.
Fourth Court of Appeals

San Antonio, Texas

October 24, 2018

No. 04-18-00573-CV

IN RE Brandon TORRES and Ernesto Rivera, Jr.

Original Mandamus Proceeding1

ORDER

On August 15, 2018, relators filed a petition for writ of mandamus complaining the trial 

court had not ruled upon their “Motion to Dismiss.” The real parties in interest filed a response, 

to which relators replied. We reviewed the petition, the response, and the reply, and we conclude 

relators are entitled to the relief requested. Accordingly, the petition for writ of mandamus is 

CONDITIONALLY GRANTED. TEX. R. APP. P. 52.8(c).

The Honorable Michael V. Garcia is ORDERED to rule on relators’ “Motion to Dismiss” 

within fifteen days from the date of this order. The writ will issue only if we are notified that 

Judge Garcia has not complied within fifteen days from the date of this order.

It is so ORDERED on October 24, 2018.

_____________________________

Marialyn Barnard, Justice

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said 

court on this 24th day of October, 2018.

_____________________________

Keith E. Hottle, Clerk of Court

 1 This proceeding arises out of Cause No. 17-05-57235-CV, styled Alissa Garcia and Jose Reynaldo Mendez Garcia 

v. Brandon Torres, Ernesto Rivera, Jr., and Coalition Against Insurance Fraud, pending in the County Court, Jim 

Wells County, Texas, the Honorable Michael Ventura Garcia presiding.
NUMBER 13

- 11

- 00 3 8 1

- CR



### COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

- EDINBURG

____________________________________________________________

JAMES CONLEY

, Appellant,

v.

THE STATE OF TEXAS, Appellee.

____________________________________________________________

On Appeal from the 105 th District Court

of Nueces County, Texas.

____________________________________________________________



### MEMORANDUM OPINION

Before Justices Rodriguez , Vela, and Perkes

Memorandum Opinion Per Curiam

Appellant, James Conley , by and through his attorney, has filed a motion to

dismiss his appeal because he no longer desires to prosecute it. See T EX

. R. A PP

. P

.

42.2(a). Without passing on the merits of the case, we grant the motion to withdraw the

appeal and pursuant to Texas Rule of Appellate Procedure 42.2(a), dismiss the appeal.

Having dismissed the appeal at appellant's request, no motion for rehearing will be2

entert ained, and our mandate will issue forthwith.

PER CURIAM

Do not publish. See T EX

. R. A PP

. P . 47.2(b).

D elivered and filed the

29th day of September, 2011

.