alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2016243EN.01004201.xml

| 4.7.2016 | EN | Official Journal of the European Union | C 243/42 |
| --- | --- | --- | --- |

4.7.2016

EN

Official Journal of the European Union

C 243/42

---

Action brought on 11 May 2016 — Vignerons de la Méditerranée v EUIPO — Bodegas Grupo Yllera (LE VAL FRANCE)

(Case T-216/16)

(2016/C 243/46)

Language in which the application was lodged: French

Parties

Parties

Applicant: Vignerons de la Méditerranée (Narbonne, France) (represented by: M. Karsenty-Ricard, lawyer)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Other party to the proceedings before the Board of Appeal: Bodegas Grupo Yllera SL (Rueda, Spain)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before EUIPO

Details of the proceedings before EUIPO

Applicant for the trade mark at issue: Applicant

Applicant for the trade mark at issue:

Trade mark at issue: EU figurative mark featuring the word elements ‘LE VAL FRANCE’ — Application for registration No 12 162 921

Trade mark at issue:

Procedure before EUIPO: Opposition proceedings

Procedure before EUIPO:

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 2 March 2016 in Case R 427/2015-5

Contested decision:

Form of order sought

Form of order sought

The applicant claims that the Court should:

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

—

annul the contested decision;

| — | reject opposition No B 2 307 737 brought by the company Bodegas Grupo Yllera SL against EU trade mark application No 12 162 921 submitted by the company Vignerons de la Méditerranée; |
| --- | --- |

—

reject opposition No B 2 307 737 brought by the company Bodegas Grupo Yllera SL against EU trade mark application No 12 162 921 submitted by the company Vignerons de la Méditerranée;

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

—

order EUIPO to pay the costs.

Plea in law

Plea in law

| — | Infringement of Article 8(1)(b) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 8(1)(b) of Regulation No 207/2009.

---
FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

April 11, 2008

THOMAS K. KAHN

CLERK

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

________________________

No. 07-10961

________________________

D. C. Docket No. 05-00051-CV-5

GEORGE ALLEN, SR.,

Plaintiff-Appellant,

versus

BAPTIST VILLAGE, INC.,

Defendant-Appellee.

________________________

Appeal from the United States District Court

for the Southern District of Georgia

_________________________

(April 11, 2008)

Before TJOFLAT, ANDERSON and HILL, Circuit Judges.

PER CURIAM:
2

The overwhelming evidence in this summary judgment record establishes

that the plaintiff was fired from his position because of the undisputed evidence

that he was tapping into the telephone lines of the residents and conducting

extensive personal telephone calls thereon, all in violation of explicit company

policies, and probably also in violation of the law. Because this legitimate business

reason is so clearly the sole cause of plaintiff’s termination, we can readily

pretermit other issues relating to the discrimination and retaliation claims,

including the timeliness of the EEOC charge and the existence vel non of a prima

facie case. 

Plaintiff also appeals the district court’s grant of summary judgment

rejecting plaintiff’s claims under the federal wiretapping statute and Georgia’s

wiretapping statute. Both claims assert that defendant violated the two statutes by

intercepting his telephone calls by video and audio surveillance devices. With

respect to these two claims, we need address only one issue that is dispositive of

both claims. We readily conclude that plaintiff had no objective expectation of

privacy and no objective expectation that his conversations would not be

intercepted. Plaintiff was intentionally tapping into someone else’s telephone line,

and conducting extensive personal telephone calls thereon, in violation of express

company policies, and probably in violation of the law. As a matter of common
Moreover, the Georgia law claim is foreclosed by Elmore v. Atlanta Zayre, Inc.,

1

341 S.E.2d 905 (Ga.Ct.App. 1986).

3

sense, no reasonable person could expect any degree of privacy during

conversations had upon telephone lines which plaintiff had no right to be using. 

Any reasonable person would expect that such surreptitious and improper use

might be detected and might be recorded for the purpose of eliminating such

improper use and exacting appropriate discipline.1

Accordingly, the judgment of the district court is 

AFFIRMED.
Exhibit 10.13

AMENDMENT NO. 2 TO EMPLOYMENT AGREEMENT

This Amendment No. 2 to
Employment Agreement entered into as of December 15, 2010 (this Amendment), between Jack E. Jerrett (Employee) and OraSure Technologies, Inc., a Delaware corporation (the Company).

WHEREAS, the parties have previously entered into an Employment Agreement, dated as of July 1, 2004, as amended (the Original
Agreement); and

WHEREAS, Section 409A of the Internal Revenue Code of 1986 (the Code) and the guidance
issued thereunder imposes certain rules and regulations on arrangements that provide for the payment of non-qualified deferred compensation; and

WHEREAS, the Original Agreement provides for the payment of non-qualified deferred compensation and therefore must comply with the requirements of Code Section 409A as revised from time to time; and

WHEREAS, the parties desire to amend the Original Agreement as more fully set forth herein to ensure compliance with
Section 409A of the Code and the rules and regulations thereunder.

NOW, THEREFORE, intending to be legally bound, the
parties hereby agree as follows:

1. Expenses. Section 6.8.2 of the Original Agreement is hereby amended to restate the last
sentence of the first paragraph of such Section as follows:

Subject to Section 6.10, all payments will be made (or
commenced) under this Section 6.8 on the 90th day after termination of employment hereunder.

2. Effect of Amendment. Except
as amended hereby, the Original Agreement shall remain in full force and effect. All references to the Agreement shall hereafter be deemed to mean the Original Agreement as amended by this Amendment.

3. Counterparts and Facsimiles. This Amendment may be executed, including execution by facsimile signature, in one or more counterparts, each of
which shall be deemed an original, and all of which together shall be deemed to be one and the same instrument.

4. Governing Law. This
Amendment shall be governed by, and enforced in accordance with, the laws of the Commonwealth of Pennsylvania without regards to the application of the principles of conflicts of laws.



---

The parties have executed this Amendment as of the date indicated above.



|                    |  |  |  |                            |  |                       
|------------------- |  |  |  | -------------------------- |  | ----------------------
|                    |  |  |  | ORASURE TECHNOLOGIES, INC.
|                    |  |  | 
|/s/ Jack E. Jerrett |  |  |  | By:                        |  | /s/ Douglas A. Michels
|Jack E. Jerrett     |  |  |  | Title:                     |  | President & CEO       
|                    |  |  |  | Name:                      |  | Douglas A.
Michels
Exhibit 32.2   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 Great American Family Parks, Inc. (the "Company") on Form 10-QSB for the quarter ended September 30, 2006 as filed with the Securities and Exchange Commission on the date hereof (the "Report"), I, Richard W. Jackson, Chief Financial Officer of the Company, certify, pursuant to 18 U.S.C. section 906 of the Sarbanes-Oxley Act of 2002, that:  (1) The Report fully complies with the requirements of section 13(a) or 15(d) of the Securities and Exchange Act of 1934; and  (2) The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.  A signed original of this written statement required by Section 906 has been provided to Entertainment Is Us, Inc. and will be retained by Entertainment Is Us, Inc. and furnished to the Securities and Exchange Commission or its staff upon request.  November 20, 2006.  /s/ Richard W. JacksonRichard W. JacksonChief Financial Officer
**EXHIBIT
      32.2**




**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 Lakeside Mortgage Fund, LLC (the
“Company”), on Form 10-QSB for the period ended March 31, 2007, as filed with
      the Securities and Exchange Commission on the date hereof (the “Report”), I,
      Placido H. Canta, Chief Financial Officer of Lakeside Financial Group, Inc.,
      the
      Manager 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, to my
      knowledge:




(1)  The
      Report 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 result of operations of the Company.





Dated:May
              15, 2007
            
            /S/Placido
              H. Canta,Chief
                Financial Officer of Manager
              Lakeside
                  Financial Group, Inc.
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

ABILENE DIVISION

ARNULFO CHAVERA, )

)

Plaintiff, )

)

v. )

)

JO ANNE B. BARNHART, )

Commissioner of Social Security, )

) Civil Action No. 1:04-CV-192-C

Defendant. ) ECF

ORDER OF DISMISSAL

 THIS MATTER comes before the court on the Report and Recommendation filed

February 7, 2006 (Doc. 23). Plaintiff filed objections to the Report and Recommendation on

February 21, 2006 (Doc 24). The court has made a de novo determination of the Report and

Recommendation after consideration of Plaintiff’s objections, the submissions of the parties, and

the transcript of the administrative proceedings. 

The court finds the objections to be without merit. The court further finds that the ALJ

applied the correct legal standards and that substantial evidence supports his decision. The court

also finds that the Report and Recommendation applied the correct legal standards

IT IS, THEREFORE, ORDERED that the Report and Recommendation is adopted by the

court.

IT IS FURTHER ORDERED that the decision of the Commissioner is affirmed and

Plaintiff’s complaint is DISMISSED WITH PREJUDICE.

 

 Case 1:04-cv-00192-C Document 25 Filed 02/22/06 Page 1 of 2 PageID 204
2

IT IS FURTHER ORDERED that a judgment in accordance with the terms of this order

shall be entered forthwith.

Dated February 22, 2006.

_________________________________

SAM R. CUMMINGS

UNITED STATES DISTRICT COURT

 

 Case 1:04-cv-00192-C Document 25 Filed 02/22/06 Page 2 of 2 PageID 205
EXHIBIT 31.2CERTIFICATIONI, David C. Ho, certify that:1. I have reviewed this quarterly report on Form 10-Q of JMG Exploration, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement ofa material fact or omit to state a material fact necessary to make thestatements made, in light of the circumstances under which such statementswere made, not misleading with respect to the period covered by thisreport; 3. Based on my knowledge, the financial statements, and other financialinformation included in this report, fairly present in all materialrespects the financial condition, results of operations and cash flows ofthe registrant as of, and for, the periods presented in this report; 4. The registrant’s other certifying officer and I are responsible forestablishing and maintaining disclosure controls and procedures (as definedin Exchange Act Rules 13a-15(e) and 15d-15(e)) for the registrant and have: a. Designed such disclosure controls and procedures, or caused suchdisclosure controls and procedures to be designed under oursupervision, to ensure that material information relating to theregistrant, including its consolidated subsidiaries, is made known tous by others within those entities, particularly during the period inwhich this report is being prepared;  b. Evaluated the effectiveness of the registrant’s disclosure controlsand procedures and presented in this report our conclusions about theeffectiveness of the disclosure controls and procedures, as of the endof the period covered by this report based on such evaluation; and  c. Disclosed in this report any change in the registrant’s internalcontrol over financial reporting that occurred during the registrant’smost recent fiscal quarter (the registrant’s fourth fiscal quarter inthe case of an quarterly report) that has materially affected, or isreasonably likely to materially affect, the registrant’s internalcontrol over financial reporting; and5. The registrant’s other certifying officer and I have disclosed, basedon our most recent evaluation of internal control over financialreporting, to the registrant’s auditors and the audit committee of theregistrant’s board of directors (or persons performing the equivalentfunctions): a. All significant deficiencies and material weaknesses in the design oroperation of internal control over financial reporting which arereasonably likely to adversely affect the registrant’s ability torecord, process, summarize and report financial information; and  b. Any fraud, whether or not material, that involves management or otheremployees who have a significant role in the registrant’s internalcontrol over financial reporting.Date: August 18, 2006 /s/ David C. Ho
IN THE SUPREME COURT

STATE OF NORTH DAKOTA

2023 ND 72

In the Interest of J.S., minor child

Ethan Hinze, L.B.S.W., Petitioner and Appellee

v.

J.S., Jr., child, Respondent

and

K.V., mother; J.S., father, Respondents and Appellants

No. 20230062

Appeal from the Juvenile Court of Cass County, East Central Judicial District, 

the Honorable Nicholas W. Chase, Judge.

AFFIRMED.

Per Curiam.

Rebecca R. Jund, Assistant State’s Attorney, Fargo, N.D., for petitioner and 

appellee; submitted on brief.

Elizabeth J. Sundby, Fargo, N.D., for respondent and appellant K.V., mother; 

submitted on brief.

Kylie M. Oversen, Fargo, N.D., for respondent and appellant J.S., father; 

submitted on brief.

FILED 

IN THE OFFICE OF THE 

CLERK OF SUPREME COURT 

APRIL 13, 2023 

STATE OF NORTH DAKOTA
1

Interest of J.S.

No. 20230062

Per Curiam.

[¶1] J.S., Sr., and K.V. appeal from a juvenile court order affirming a judicial 

referee’s findings of fact and order terminating their parental rights over their 

child, J.S., Jr. They argue that the juvenile court abused its discretion, and 

J.S., Sr., argues the trial court erred in finding the child was “in need of 

protection” and that the causes thereof were likely to continue. We affirm 

under N.D.R.App.P. 35.1(a)(2) and (4).

[¶2] Jon J. Jensen, C.J.

Daniel J. Crothers

Lisa Fair McEvers

Jerod E. Tufte

Douglas A. Bahr
Shaketa JONES, Appellant, v. STATE of Florida, Appellee.

No. 1D18-2226

District Court of Appeal of Florida, First District.

March 5, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
```

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 121 Introduced in House (IH)]

<DOC>

119th CONGRESS
  1st Session
                                H. R. 121

  To prohibit agencies from issuing vaccine passports, and for other 
                               purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 3, 2025

Mr. Biggs of Arizona introduced the following bill; which was referred 
to the Committee on Oversight and Government Reform, and in addition to 
the Committee on House Administration, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
  To prohibit agencies from issuing vaccine passports, 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 ``No Vaccine Passports Act''.

SEC. 2. PROHIBITION ON AGENCIES ISSUING VACCINE PASSPORTS.

    (a) In General.--An agency may not issue a vaccine passport, 
vaccine pass, or other standardized documentation for the purpose of 
certifying the COVID-19 vaccination status of a citizen of the United 
States to a third party, or otherwise publish or share any COVID-19 
vaccination record of a citizen of the United States, or similar health 
information.
    (b) Agency Defined.--In this section, the term ``agency'' has the 
meaning given that term in section 551 of title 5, United States Code.

SEC. 3. PROHIBITION ON REQUIRING PROOF OF COVID-19 VACCINATION FOR 
              FEDERAL ACCESS.

    Proof of COVID-19 vaccination shall not be deemed a requirement for 
access to Federal property or Federal services, or for access to 
congressional grounds or services.
                                 <all>
```
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 OccuLogix, Inc. (the “Company”) on Form
10-Q for the quarter ended March 31, 2007, as filed with the Securities and
Exchange Commission on the date hereof (the “Report”), I, Elias Vamvakas, Chief
Executive Officer of the Company, certify, pursuant to 18 U.S.C. Section 1350,
as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that to
the best of my knowledge:





(1)
            The Report 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 result of operations of the
Company.





A signed
original of this written statement required by Section 906 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.











OCCULOGIX,
      INC.Date:
      May 12, 2008
            By:
            /s/ Elias VamvakasChief
      Executive Officer
Case 5:04-cv-00237-C Document 13 Filed 04/06/05 Page 1 of 13 PageID 48
 

 Case 5:04-cv-00237-C Document 13 Filed 04/06/05 Page 2 of 13 PageID 49
 

 Case 5:04-cv-00237-C Document 13 Filed 04/06/05 Page 3 of 13 PageID 50
 

 Case 5:04-cv-00237-C Document 13 Filed 04/06/05 Page 4 of 13 PageID 51
 

 Case 5:04-cv-00237-C Document 13 Filed 04/06/05 Page 5 of 13 PageID 52
 

 Case 5:04-cv-00237-C Document 13 Filed 04/06/05 Page 6 of 13 PageID 53
 

 Case 5:04-cv-00237-C Document 13 Filed 04/06/05 Page 7 of 13 PageID 54
 

 Case 5:04-cv-00237-C Document 13 Filed 04/06/05 Page 8 of 13 PageID 55
 

 Case 5:04-cv-00237-C Document 13 Filed 04/06/05 Page 9 of 13 PageID 56
 

 Case 5:04-cv-00237-C Document 13 Filed 04/06/05 Page 10 of 13 PageID 57
 

 Case 5:04-cv-00237-C Document 13 Filed 04/06/05 Page 11 of 13 PageID 58
 

 Case 5:04-cv-00237-C Document 13 Filed 04/06/05 Page 12 of 13 PageID 59
 

 Case 5:04-cv-00237-C Document 13 Filed 04/06/05 Page 13 of 13 PageID 60
US.DISTRICT COURT
uy! NORTHERN DISTRICT OF TEXAS

IN THE UNITED STATES DISTRICT COURT -—F LED
FOR THE NORTHERN DISTRICT OF (TEXAS
DALLAS DIVISION MAY 2 7 288
Do
CLERK,US.DISTRICT
UNITED STATES OF AMERICA By
Deputy
VS. CASE NO.: 3:03-CR-355-M (04)

JOSE SOTO, JR.

REPORT AND RECOMMENDATION
CONCERNING PLEA OF GUILTY

JOSE SOTO, JR., by consent, under authority of United States v. Dees, 125 F.3d 261 (5 Cir.
1997), has appeared before me pursuant to Fed. R. Crim.P. 11, and has entered a plea of guilty to
Count(s) 1 of the Indictment. After cautioning and examining JOSE SOTO, JR. under oath
concerning each of the subjects mentioned in Rule 11, I determined that the guilty plea was
knowledgeable and voluntary"and that the offense(s) charged is supported by an independent basis
in fact containing each of the essential elements of such offense. I therefore recommend that the plea

of guilty, and the plea agreement, be accepted, and that JOSE SOTO, JR. be adjudged guilty and
have sentence imposed accordingly.

Date: May 27, 2008

PAUL D. STICKNEY
UNITED STATES MAGISTRATE JUDGE

NOTICE

Failure to file written objections to this Report and Recommendation within ten (10) days
from the date of its service shall bar an aggrieved party from attacking such Report and
Recommendation before the assigned United States District Judge. 28 U.S.C. §636(b)(1)(B).
James Clifford ROBERTS, Jr., Appellant, v. STATE of Florida, Appellee.

No. 1D18-258

District Court of Appeal of Florida, First District.

March 1, 2019

**DECISION WITHOUT PUBLISHED OPINION**

AFFIRMED.
Exhibit
32.2


CHIEF
FINANCIAL OFFICER CERTIFICATION


PURSUANT
TO 18 U.S.C. SECTION 1350






In
connection with the Annual Report of Golden State Petroleum Transport
Corporation (the “Company”) on Form 10-K for the year ended December 31, 2007 as
filed with the Securities and Exchange Commission (the “SEC”) on or about the
date hereof (the “Report”), I, Kate Blankenship, Secretary, Chief Executive
Officer, Chief Financial Officer and Chief Accounting Officer of the Company,
certify, pursuant to 18 U.S.C. Section 1350, as adopted pursuant to Section 906
of the Sarbanes-Oxley Act of 2002, that:








(1)
            The
      Report 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.






A signed
original of this written statement has been provided to the Company and will be
retained by the Company and furnished to the SEC or its staff upon
request.





Date:
March 31,
2008







/s/ Kate
Blankenship


Kate
Blankenship


Principal
Financial Officer