alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
_______________________________________ __ ________________ __________________ _____________ Michigan Supreme Court 

# Order

Lansing, Michigan

April 25, 2007 Clifford W. Taylor, Chief Justice

132897 Michael F. Cavanagh Elizabeth A. Weaver 132898 Marilyn Kelly Maura D. Corrigan MARCIA DOWNS, f/k/a MARCIA Robert P. Young, Jr. Stephen J. Markman, DOUGLAS, as Personal Representative Justices of the Estate of Natasha Douglas, Deceased, Plaintiff-Appellant,
SC: 132897
v COA: 256422
Emmet CC: 04-008032-NH MARILYN S. KEEBLER, f/k/ a MARILYN S. MORRIS, DEBBIE PLUIM, a/k/a DEBR A PLUIM, JEFFREY W. WILDER, and DANIEL J. VERBURG, d/b/a DANIEL VERBURG, M.D., P.C., d/b/ a BAY VIEW OBSTETRICS & GYNECOLOGY, a/k/a BURNSCLINIC OBSTETRICS & GYNECOLOGY, Defendants-Appellees.

MARCIA DOWNS, f/k/ a MARCIA DOUGLAS, as Personal Representativeof the Estate of Natasha Douglas, Deceased, Plaintiff-Appellant,
SC: 132898
v COA: 256462
Emmett CC:04-008040-NH NORTHERN MICHIGAN HOSPITALS, INC., d/b/a NORTHERN MICHIGAN HOSPITAL, Defendant-Appellee.

________________ __________________ ____________/

On order of the Court, the application for le ave to appeal the Nove mber 28, 2006 judgment of the Court of Appeals is considered and, it appearing to this Court that the case of Mullins v St. Joseph Mercy Hospital (Docket No. 131879) is pending on appe al before this Court and that the decision in that case may re solve an issue raised in the present application for leave to appeal, we ORDER that the application be held in ABEYANCE pending the decision in that case

.

I, Corbin R. Davis, Clerk of the Mi chigan Supreme Cour t, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

April 25, 2007

Clerk
John Albert SUMMERLIN, Appellant, v. STATE of Florida, Appellee.

No. 1D18-3069

District Court of Appeal of Florida, First District.

March 7, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
**Exhibit23**

 

**Consent ofIndependent Registered Public Accounting Firm**

 

 

The Board of DirectorsAdvanced Power Technology, Inc.:

 

We consent to the incorporation by reference in the registrationstatement (Nos. 333-81376, 333-114317 and 333-122154) on Form S-8 ofAdvanced Power Technology, Inc. of our reports dated March 4, 2005, withrespect to the consolidated balance sheets of Advanced Power Technology, Inc.as of December 31, 2004 and 2003, the related consolidated statements ofoperations, stockholders’ equity and comprehensive income (loss), and cashflows for each of the years in the three-year period ended December 31, 2004,and management’s assessment of the effectiveness of internal control overfinancial reporting as of December 31, 2004 and the effectiveness of internalcontrol over financial reporting as of December 31, 2004, which reports appearin the December 31, 2004 annual report on Form 10-K of Advanced PowerTechnology, Inc.

 

 

Portland, OregonMarch 4, 2005

 

1

----
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- /usr/local/bin/fax/tiff_tmp/rvm/404cv00479/00353006.tif
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 98-7722

FAUSTO CEPEDA,

Plaintiff - Appellant,

versus

FEDERAL BUREAU OF INVESTIGATION; UNITED STATES

OF AMERICA; JOHN R. HEALEY, Police Officer;

PAUL V. KING, JR., Chief, Unit of Forfeiture

and Seized Property Finance Division,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern District of Virginia, at Richmond. James R. Spencer, District Judge.

(CA-97-608-3)

Submitted: March 11, 1999 Decided: March 18, 1999

Before WIDENER and LUTTIG, Circuit Judges, and PHILLIPS, Senior

Circuit Judge.

Affirmed by unpublished per curiam opinion.

Fausto Cepeda, Appellant Pro Se. Debra Jean Prillaman, Assistant

United States Attorney, Gurney Wingate Grant, II, OFFICE OF THE

UNITED STATES ATTORNEY, Richmond, Virginia, for Appellees.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

Fausto Cepeda appeals the district court’s order denying relief in his action under Bivens v. Six Unknown Named Agents of Fed.

Bureau of Narcotics, 403 U.S. 388 (1971). Cepeda has failed to

adequately present any issues for appeal. Accordingly, we affirm.

See 4th Cir. Local R. 34(b). We dispense with oral argument because the facts and legal contentions are adequately presented in

the materials before the court and argument would not aid the

decisional process.

AFFIRMED
# C_2016305EN.01004702.xml

| 22.8.2016 | EN | Official Journal of the European Union | C 305/47 |
| --- | --- | --- | --- |

22.8.2016

EN

Official Journal of the European Union

C 305/47

---

Action brought on 28 June 2016 — CSL Behring v EUIPO — Vivatrex (Vivatrex)

(Case T-346/16)

(2016/C 305/64)

Language in which the application was lodged: English

Parties

Parties

Applicant: CSL Behring AG (Bern, Switzerland) (represented by: M. Best, U. Pfleghar and S. Schäffner, lawyers)

Applicant:

Defendant: European Union Intellectual Property Office (EUIPO)

Defendant:

Other party to the proceedings before the Board of Appeal: Vivatrex GmbH (Aachen, Germany)

Other party to the proceedings before the Board of Appeal:

Details of the proceedings before EUIPO

Details of the proceedings before EUIPO

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

Applicant of the trade mark at issue:

Trade mark at issue: EU figurative mark containing the word element ‘VIVATREX’ — Application for registration No 11 677 788

Trade mark at issue:

Procedure before EUIPO: Opposition proceedings

Procedure before EUIPO

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 27 April 2016 in joined Cases R 1263/2015-4 and R 1221/2015-4

Contested decision

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the contested decision in its entirety and annul the decision of the Opposition Division of 30 April 2015 given in opposition proceeding No B 2 241 613 insofar as it rejected the opposition; |
| --- | --- |

—

annul the contested decision in its entirety and annul the decision of the Opposition Division of 30 April 2015 given in opposition proceeding No B 2 241 613 insofar as it rejected the opposition;

| — | uphold opposition No B 2 241 613 in its entirety; |
| --- | --- |

—

uphold opposition No B 2 241 613 in its entirety;

| — | order EUIPO and the other party to pay the costs. |
| --- | --- |

—

order EUIPO and the other party to pay the costs.

Plea in law

Plea in law

| — | Infringement of Article 8(2) of Regulation No 207/2009. |
| --- | --- |

—

Infringement of Article 8(2) of Regulation No 207/2009.

---
Edwin GARCIA GONZALEZ, Appellant, v. STATE of Florida, Appellee.

Case No. 2D18-1693

District Court of Appeal of Florida, Second District.

Opinion filed February 8, 2019.

**DECISION WITHOUTPUBLISHED OPINION**

Affirmed.
# C_2019187EN.01001301.xml

| 3.6.2019 | EN | Official Journal of the European Union | C 187/13 |
| --- | --- | --- | --- |

3.6.2019

EN

Official Journal of the European Union

C 187/13

---

Judgment of the Court (Fourth Chamber) of 21 March 2019 (requests for a preliminary ruling from the Consiglio di Stato — Italy) — Mobit Soc. cons. arl v Regione Toscana (C-350/17), Autolinee Toscane SpA v Mobit Soc. cons. arl (C-351/17)

(Joined Cases C-350/17 and C-351/17) (1)

(Reference for a preliminary ruling - Regulation (EC) No 1370/2007 - Public passenger transport services by rail and by road - Article 5 - Award of public service contracts - Article 5(2) - Direct award - Concept of ‘internal operator’ - Authority exercising similar control - Article 8(2) - Transitional arrangements - Deadline for the expiry of the direct award)

(2019/C 187/14)

Language of the case: Italian

Referring court

Consiglio di Stato

Parties to the main proceedings

(Case C-350/17)

Applicant: Mobit Soc. cons. arl

Defendant: Regione Toscana

Interveners: Autolinee Toscane SpA, Régie Autonome des Transports Parisiens (RATP) (C-350/17)

(Case C-351/17)

Applicant: Autolinee Toscane SpA

Defendant: Mobit Soc. cons. arl

Interveners: Regione Toscana, Régie Autonome des Transports Parisiens (RATP) (C-351/17)

Operative part of the judgment

Article 5 and Article 8(2) of Regulation (EC) No 1370/2007 of the European Parliament and of the Council of 23 October 2007 on public passenger transport services by rail and by road and repealing Council Regulations (EEC) Nos 1191/69 and 1107/70 must be interpreted as meaning that Article 5 of Regulation No 1370/2007 is not applicable to an award procedure which has been carried out before 3 December 2019, so that a competent authority which awards, by an award decision closing a competitive tendering procedure, before that date, a public service concession contract for the provision of local passenger transport by road, is not required to comply with Article 5 of that regulation.

---

(1)  OJ C 330, 2.10.2017.

---
III 

118TH CONGRESS 

2D SESSION S. RES. 760 

Expressing support for the designation of July 10, 2024, as Journeyman 

Lineworkers Recognition Day. 

IN THE SENATE OF THE UNITED STATES 

JULY 10, 2024 

Ms. CORTEZ MASTO (for herself and Mr. CRAMER) submitted the following 

resolution; which was considered and agreed to 

RESOLUTION 

Expressing support for the designation of July 10, 2024, 

as Journeyman Lineworkers Recognition Day. 

Whereas the United States relies on safe, reliable, affordable, 

and clean electricity to power its economy, as well as 

homes, businesses, industries and manufacturers, colleges 

and universities, schools, hospitals, cities, and communities, and so much more; 

Whereas journeyman lineworkers play a critical role in keeping the United States energy grid running 24 hours a 

day, 7 days a week, 365 days a year; 

Whereas journeyman lineworkers perform heroic services during national and regional disasters, including hurricanes, 

wildfires, tornadoes, and ice storms, and also work in 

tough terrain, extreme heat, and cold areas of the country; 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
2 

•SRES 760 ATS 

Whereas journeyman lineworkers consistently work long 

hours often under dangerous conditions to restore power; 

Whereas journeyman lineworkers put their lives on the line 

every day to ensure the delivery of safe and reliable 

power to the United States, and its territories; 

Whereas July 10, 2024, marks the 128th anniversary of the 

death of Henry Miller, the first president of the International Brotherhood of Electrical Workers, who was 

killed in the line of duty while trying to restore electricity 

during an outage in Washington, D.C.; and 

Whereas there should be a day to honor the hundreds of 

thousands of men and women who have also put their 

lives on the line over the past 128 years to provide skillful service in times of local or national crisis: Now, therefore, be it 

1 Resolved, That the Senate— 

2 (1) supports the designation of July 10, 2024, 

3 as Journeyman Lineworkers Recognition Day; 

4 (2) honors and recognizes the contributions and 

5 sacrifices of countless journeyman lineworkers who 

6 often place themselves in harm’s way to serve their 

7 customers and their communities; and 

8 (3) encourages the people of the United States 

9 to observe Journeyman Lineworkers Recognition 

10 Day with appropriate reflection. 

Æ 


kjohnson on DSK7ZCZBW3PROD with $$_JOB
```

[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Notices]
[Page 2008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00340]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-0026]

Issuance of Priority Review Voucher; Rare Pediatric Disease 
Product; CRENESSITY (crinecerfont)

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the 
issuance of a priority review voucher to the sponsor of a rare 
pediatric disease product application. The Federal Food, Drug, and 
Cosmetic Act (FD&C Act) authorizes FDA to award priority review 
vouchers to sponsors of approved rare pediatric disease product 
applications that meet certain criteria. FDA is required to publish 
notice of the award of the priority review voucher. FDA has determined 
that CRENESSITY (crinecerfont), approved on December 13, 2024, 
manufactured by Neurocrine Biosciences, Inc., meets the criteria for a 
priority review voucher.

FOR FURTHER INFORMATION CONTACT: Cathryn Lee, Center for Drug 
Evaluation and Research, Food and Drug Administration, 10903 New 
Hampshire Ave., Silver Spring, MD 20993-0002, 301-796-1394.

SUPPLEMENTARY INFORMATION: FDA is announcing the issuance of a priority 
review voucher to the sponsor of an approved rare pediatric disease 
product application. Under section 529 of the FD&C Act (21 U.S.C. 
360ff), FDA will award priority review vouchers to sponsors of approved 
rare pediatric disease product applications that meet certain criteria. 
FDA has determined that CRENESSITY (crinecerfont), manufactured by 
Neurocrine Biosciences, Inc., meets the criteria for a priority review 
voucher. CRENESSITY (crinecerfont) is indicated for the treatment to 
glucocorticoid replacement to control androgens in adults and pediatric 
patients 4 years of age and older with classic congenital adrenal 
hyperplasia.
    For further information about the Rare Pediatric Disease Priority 
Review Voucher Program and for a link to the full text of section 529 
of the FD&C Act, go to https://www.fda.gov/ForIndustry/DevelopingProductsforRareDiseasesConditions/RarePediatricDiseasePriorityVoucherProgram/default.htm. For further 
information about CRENESSITY (crinecerfont), go to the ``Drugs@FDA'' 
website at https://www.accessdata.fda.gov/scripts/cder/daf/.

    Dated: January 3, 2025.
P. Ritu Nalubola,
Associate Commissioner for Policy.
[FR Doc. 2025-00340 Filed 1-8-25; 8:45 am]
BILLING CODE 4164-01-P
```
IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

LUBBOCK DIVISION

TINA S. HO-GLAND, )

)

Plaintiff, )

)

v. )

)

JO ANNE B. BARNHART, )

Commissioner of Social Security, )

) Civil Action No.

Defendant. ) 5:04-CV-225-C

ORDER OVERRULING OBJECTIONS AND ADOPTING 

THE UNITED STATES MAGISTRATE JUDGE’S 

REPORT AND RECOMMENDATION

Plaintiff Tina S. Ho-Gland successfully challenged a decision of Defendant, the

Commissioner of Social Security, and sought reimbursement of her attorney’s fees under the

provisions of the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). Defendant objected to

the application for fees, and the United States District Court referred the issue to the United States

Magistrate Judge for report and recommendation, proposed findings of fact and conclusions of law,

and a proposed judgment. 

The United States Magistrate Judge filed a Report and Recommendation on

January 23, 2006, and Plaintiff has filed objections to the Report and Recommendation.

Defendant has not responded to Plaintiff’s objections.

The court has made a de novo review of the records and issues in this case and finds that

Plaintiff’s objections should be OVERRULED and that the Magistrate Judge’s Report and

Recommendation should be ADOPTED as the findings of this Court. It is, therefore,

 

 Case 5:04-cv-00225-C Document 23 Filed 03/02/06 Page 1 of 2 PageID 109
2

ORDERED that Plaintiff’s attorney is awarded attorney’s fees in the amount of $3,740.40.

Dated this 2nd day of March, 2006.

_________________________________

SAM R. CUMMINGS

UNITED STATES DISTRICT COURT

 

 Case 5:04-cv-00225-C Document 23 Filed 03/02/06 Page 2 of 2 PageID 110
Markey Jerail EVANS v. STATE

CR-16-0218

Court of Criminal Appeals of Alabama.

August 11, 2017 Reh. denied September 1, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
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<S>                             <C>
<PERIOD-TYPE>                   12-MOS
<FISCAL-YEAR-END>                          MAR-31-2000
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<INTEREST-EXPENSE>                                   0
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<INCOME-CONTINUING>                          (259,052)
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<EPS-BASIC>                                      (.01)
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</TABLE>
Order - Page 1

IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

KB HOME, §

§

Plaintiff, §

§

v. § Civil Action No. 3:04-CV-1031-L

§

ANTARES HOMES, LTD., ANTARES §

HOMES LLC, ANTARES GP, LLC, §

and RONALD F. FORMBY, §

an individual, §

§

Defendants. §

ORDER

Before the court are the Amended Findings, Conclusion, and Recommendation of the United

States Magistrate Judge, filed July 23, 2008. No objections were filed.

The magistrate judge recommends that the court deny Defendants’ Motion for Attorney’s

Fees, filed March 5, 2008. The magistrate judge, considering the factors set forth in Fogerty v.

Fantasy, Inc., 510 U.S. 517 (1994), determined that Plaintiff’s claims in this case were objectively

reasonable and that an award of attorney’s fees to Defendants would not deter frivolous or

unreasonable litigation. The court must consider the Fogerty factors when determining whether to

award attorney’s fees pursuant to the Copyright Act, 17 U.S.C. § 505. Virgin Records America, Inc.

v. Thompson, 512 F.3d 724, 726-27 (5th Cir.), cert. denied, 128 S.Ct. 2096 (2008); see also Galiano

v. Harrah’s Operating Co., 416 F.3d 411, 423 (5th Cir. 2005).

Having reviewed the briefing, file, and record in this case, and the findings and conclusions

of the magistrate judge, the court determines that the findings and conclusions are correct. The
Order - Page 2

magistrate judge’s findings and conclusions are therefore accepted as those of the court. The court

denies Defendants’ Motion for Attorney’s Fees.

It is so ordered this 20th day of August, 2008.

_________________________________

Sam A. Lindsay

United States District Judge
Exhibit 10.38


 


FIRST AMENDMENT TO THE
1997 ITT EDUCATIONAL SERVICES, INC. INCENTIVE STOCK
PLAN


 


 


WHEREAS, the shareholders of ITT Educational Services, Inc. (the
“Company”) approved the 1997 ITT Educational Services, Inc. Incentive Stock
Plan (the “Plan”) on May 13, 1997; and


 


WHEREAS, the Board of Directors of the Company now desires to amend the
Plan in a respect that does not require shareholder approval.


 


NOW, THEREFORE, the Plan is hereby amended as follows:


 


1.                                       Section
15 of the Plan is hereby amended to read as follows:


 


15.                               Effective
Date and Term of Plan.  The
Plan shall become effective upon its adoption by the Board of Directors and
shareholders of the Company.  No Award
shall be granted under this Plan after the Plan’s termination date.  The Plan’s termination date shall be ten
years from the effective date, unless sooner terminated under Section 12
hereof.  The Plan will continue in
effect for existing Awards as long as any such Award is outstanding.


 


2.                                       This
First Amendment to the Plan shall become effective upon its adoption by the
Board of Directors of the Company.


 


	
   

  	
  Adopted by the
  Board of Directors of ITT Educational Services, Inc. on July 15, 2003

  



 


A-14
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