alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# C_2019131EN.01000901.xml

| 8.4.2019 | EN | Official Journal of the European Union | C 131/9 |
| --- | --- | --- | --- |

8.4.2019

EN

Official Journal of the European Union

C 131/9

---

Judgment of the Court (First Chamber) of 6 February 2019 (request for a preliminary ruling from the Hoge Raad der Nederlanden — Netherlands) — NK, liquidator in the bankruptcies of PI Gerechtsdeurwaarderskantoor BV and PI v BNP Paribas Fortis NV

(Case C-535/17) (1)

(Reference for a preliminary ruling - Judicial cooperation in civil matters - Jurisdiction and the enforcement of judgments in civil and commercial matters - Regulation (EC) No 44/2001 and Regulation (EC) No 1346/2000 - Scope of those regulations - Bankruptcy of a bailiff - Action brought by the liquidator in charge of administering and liquidating the bankruptcy)

(2019/C 131/10)

Language of the case: Dutch

Referring court

Hoge Raad der Nederlanden

Parties to the main proceedings

Applicant: NK, liquidator in the bankruptcies of PI Gerechtsdeurwaarderskantoor BV and PI

Defendant: BNP Paribas Fortis NV

Operative part of the judgment

Article 1(1) and (2)(b) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters must be interpreted as meaning that an action, such as that at issue in the main proceedings, concerning a claim for damages arising from liability for a wrongful act, brought by the liquidator in insolvency proceedings and the proceeds of which, if the claim succeeds, accrue to the general body of creditors, is covered by the concept of ‘civil and commercial matters’ within the meaning of Article 1(1), and therefore falls within the material scope of that regulation.

---

(1)  OJ C 412, 4.12.2017.

---
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 12-7195

UNITED STATES OF AMERICA,

Plaintiff - Appellee,

v.

SPENCER BOWENS, a/k/a Scooter, a/k/a Clyde, a/k/a Melvin 

McCurdy, a/k/a Doc Johnson,

Defendant - Appellant.

Appeal from the United States District Court for the Eastern 

District of Virginia, at Richmond. Robert E. Payne, Senior 

District Judge. (3:98-cr-00110-REP-1)

Submitted: September 11, 2012 Decided: September 14, 2012

Before NIEMEYER, SHEDD, and AGEE, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Spencer Bowens, Appellant Pro Se. Katherine Lee Martin, 

Assistant United States Attorney, Norfolk, Virginia, for 

Appellee.

Unpublished opinions are not binding precedent in this circuit.
2

PER CURIAM:

Spencer Bowens appeals the district court’s order 

denying his motion for a reduction of sentence pursuant to 18 

U.S.C. § 3582(c)(2) (2006). We have reviewed the record and 

find that the district court correctly concluded that Bowens is 

not eligible for a reduction of sentence. Accordingly, we 

affirm. United States v. Bowens, No. 3:98-cr-00110-REP-1 (E.D. 

Va. June 29, 2012). 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
**EXHIBIT 32.3**

**PRB ENERGY,INC.SARBANES-OXLEY ACT SECTION 906 CERTIFICATION**

In connection with thisquarterly report on Form 10-Q of PRB Energy, Inc. for the fiscal quarter endedJune 30, 2006, I, Robert W. Wright, Chairman and Chief Executive Officer andChief Financial Officer of PRB Energy, Inc., hereby certify pursuant to 18U.S.C. Section 1350, as adopted pursuant to Section 906 of the Sarbanes-OxleyAct of 2002, that:

1.                          ThisForm 10-Q for the fiscal quarter ended June 30, 2006, fully complies with therequirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934;and

2.                          Theinformation contained in this Form 10-Q for the fiscal quarter ended June 30,2006, fairly presents, in all material respects, the financial condition andresults of operations of PRB Energy, Inc. for the periods presented therein.
| Date: August 14, 2006                |   |   |
|--------------------------------------|--------|--------|
|                                 |   |   |
|  /s/ ROBERT W.  WRIGHT          |   |   |
|                                 |   |   |
| Robert W. Wright                     |   |   |
| Chairman and Chief Executive Officer |   |   |
| (Principal Executive Officer)        |   |   |
|                                 |   |   |
| /s/ ROBERT W. WRIGHT                 |   |   |
|                                 |   |   |
| Robert W. Wright                     |   |   |
| Chief Financial Officer              |   |   |
| (Principal Financial Officer)        |   |   |

 

----
Michael JOHNSON, Appellant, v. STATE of Florida, Appellee.

No. 1D18-1635

District Court of Appeal of Florida, First District.

April 11, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 12-50888

Summary Calendar

RUBEN OLIVARES GONZALEZ,

Petitioner-Appellant

v.

UNITED STATES OF AMERICA; BUREAU OF PRISONS; GEO GROUP;

WARDEN, REEVES COUNTY DETENTION CENTER III; UNITED STATES

ATTORNEY GENERAL,

Respondents-Appellees

Appeal from the United States District Court

for the Western District of Texas

USDC No. 4:11-CV-83

Before JONES, DENNIS, and HAYNES, Circuit Judges.

PER CURIAM:*

Ruben Olivares Gonzalez, federal prisoner # 15987-078, an alien against

whom the Bureau of Immigration and Customs Enforcement has issued a

detainer subjecting him to immediate removal from the United States upon

release from Bureau of Prisons (BOP) custody, moves this court to proceed in

forma pauperis (IFP) to appeal the denial of his 28 U.S.C. § 2241 petition

United States Court of Appeals

Fifth Circuit

F I L E D

May 1, 2013

Lyle W. Cayce

Clerk

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not

be published and is not precedent except under the limited circumstances set forth in 5TH CIR.

R. 47.5.4.

 Case: 12-50888 Document: 00512226464 Page: 1 Date Filed: 05/01/2013
No. 12-50888

challenging the BOP’s exclusion of him from rehabilitation programs and

halfway houses. His arguments are foreclosed by this court’s decision in

Gallegos-Hernandez v. United States, 688 F.3d 190, 192-93 (5th Cir.), cert.

denied, 133 S. Ct. 561 (2012).

Accordingly, Olivares Gonzalez’s motion to proceed IFP is DENIED, and

his appeal is DISMISSED as frivolous. See 5TH CIR. R. 42.2. 

2

 Case: 12-50888 Document: 00512226464 Page: 2 Date Filed: 05/01/2013
Case 3:04-cv-01861-B Document 153 Filed 03/01/2006 Page 1 of 2
Case 3:04-cv-01861-B Document 153 Filed 03/01/2006 Page 2 of 2
Cladet WILLIAMS and Henry Walker, Appellants, v. SAFEPOINT INSURANCE COMPANY, Appellee.

No. 4D18-177

District Court of Appeal of Florida, Fourth District.

[March 28, 2019]

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
N O T FO R PUB L ICAT IO N UNITED STATES C OUR T OF APPEALS FOR THE NINTH C IR C UIT UNITED STATES OF AM ER IC A, Plaintiff - Appe lla nt, v. THOM AS JEFFREY DAVIS, De fe nda

nt - Appe lle e . No. 15-50118 D.C . No. 2:12-c r-01206-R -1 M EM O R ANDUM *

Appe a l from

the Unite d

Stat e s Distric t C ourt for the C e ntra l Distric t of C a lifornia M anue l L. R e a l , Distric t Judge , Pre siding Argue d a nd Subm itte d April 4, 2016 Pa sa de n a , C a l ifornia B e fore : FAR

R IS, B EA, a

n d M . SM ITH, C irc uit Judge s . The Unite d State s a

ppe a ls de fe nda

nt Thom a s Je ffe ry

Davis’ s 24-m onth se nte nc e im

pose d following his guilty -ple a c onvic t ion for e nga ging in busine ss a s a m anufa c ture r a

nd de a le r in fire arm s without re g istra tion, in viola

tion of 26 U.S.C . § 5861(a ), a

nd for posse ssing a

n unre giste re d fire arm , in viola tion of 26 

# FIL ED APR 18 2016 M OLLY C. DW Y ER, CLERK U . S. CO URT O F APPEALS

* This disposition is not a ppropria te for public at ion a

nd is not pre c e de nt e xc e pt a s provide d

by 9th C ir. R . 36-3.U.S.C . § 5861(d). W e hav e jurisdic t ion unde r 28 U.S.C . § 1291, a nd we va c ate and re m and for re s e nte nc ing. The gove rnm e n t a

rgue s tha t the distric t c ourt’ s substa ntia l downwa

rd de pa rture from

the a pplic a ble Guide line s ra

n ge wa s proc e dura l e rror be c a use the se nte nc e wa s c hose n on the ba s is of c le arly e rrone ous fa c t s. The distric t c ourt e xpla ine d its de c ision by

sta ting tha t it fe lt tha

t Davis wa s not in the

busine ss of guns a nd tha t the c onfide ntia l inform ant use d by the gove rnm e nt wa s the sole sourc e of the guns a

nd the a lle g a tions a ga inst Da vis. The se a sse rtions a

re not supporte d by the re c ord, whic h shows tha t Da vis wa s the sourc e of a ll fire arm s involve d a

nd tha t he sold those

fire arm s for profit. A se nte n c e ba se d on c le arly e rrone ous fa c ts c annot be susta ine d . Unite d State s v . C arty , 520 F.3d 984, 993 (9th C ir. 2008) (e n ba

nc ).

V ACAT E D and RE M ANDE D.

2
Kent PLUMMER and Oksana Paschenko, Appellants, v. The WAVE CONDOMINIUM ASSOCIATION OF ST. PETERSBURG, INC., Appellee.

Case No. 2D18-897

District Court of Appeal of Florida, Second District.

Opinion filed March 15, 2019

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Document Headings

                    Document headings vary by document type but may contain                    the following:                  
                -                       the agency or agencies that issued and signed a document                    
                -                       the number of the CFR title and the number of each part                      the document amends, proposes to amend, or is directly                      related to                    
                -                       the agency docket number / agency internal file number                    
                -                       the RIN which identifies each regulatory action listed in                      the Unified Agenda of Federal Regulatory and Deregulatory                      Actions                    

                    See the                                          Document Drafting Handbook                                        for more details.                  

###### Postal Service

# AGENCY:

                        Postal ServiceTM.                    

# ACTION:

Notice.

# SUMMARY:

The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

# DATES:

*Date of required notice:*                         January 16, 2025.                    

# FOR FURTHER INFORMATION CONTACT:

Sean C. Robinson, 202-268-8405.

# SUPPLEMENTARY INFORMATION:

                    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on January 7, 2025, it filed with the Postal Regulatory Commission a                     *USPS Request to Add Priority Mail Express, Priority Mail & USPS Ground Advantage® Contract 1260 to Competitive Product List.*                     Documents are available at                     *www.prc.gov,*                     Docket Nos. MC2025-1079, K2025-1078.                

Sean C. Robinson,

Attorney, Corporate and Postal Business Law.

[FR Doc. 2025-00903 Filed 1-15-25; 8:45 am]

BILLING CODE 7710-12-P
# Fourth Court of Appeals

San Antonio, Texas

November 10, 2016

No. 04

- 16

- 00576

- CR & 16

- 00577

- CR & 16

- 00578

- CR

Kathleen Darleen DANIEL, Appellant

v.

The STATE of Texas, Appellee

From the 216th Judicial District Court, Kendall County, Texas

Trial Court No. 5924 & 5925 & 5926 Honorable N. Keith Williams, Judge Presiding



### O R D E R

The clerk’s records and reporter’s records were originally due on October 31, 2016. The district clerk has been granted one extension of time in which the file the clerk’s records on November 22, 2016. Ms. Dandy Middleton is the reporter responsible for preparing, certifying, and filing the reporter’s records in these appeals. On October 30, 2016, Ms. Middleton filed a Notification of Late Record indicating partial payment has been made, but arrangements need to be made for full payment of the record.

On O ctober 2 1, 2016, we granted appellant ’s request to consolidate these three companion cases for briefing and oral argument purposes (if oral argument is requested and granted). On November 2, 2016, appellant filed a motion requesting that the record s in these cases be consolidated for purposes of briefing, oral argument, and decision. The motion is

DENIED IN PART and GRANTED IN PART

.

The request to consolidate the clerk’s records is DENIED, and the district clerk is

ORDERED to file a separate clerk ’s record in each of these companion cases no later than
November 22, 2016.

The request to consolidate the reporter’s records is GRANTED. Ms. Middleton is hereby ORDERED to file a single reporter’s record (1) that specifies all three trial court cause nu mbers (2) no later than November 22, 2016.__________________ _______________ Sandee Bryan Marion, Chief Justice

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

court on this 10th day of November, 2016

.

_____ ______________________________ Keith E. Hottle

Clerk of Court
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 On4 Communications, Inc. (the “Company”)
on Form 10-Q for the period ended January 31, 2010, as filed with the Securities
and Exchange Commission on the date hereof (the “Report”), I, Cameron Robb,
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:





1.
            The Report
      fully complies with the requirements of Section 13(a) or 15(d) of the
      Securities Exchange Act of 1934; and2.
            The
      information contained in the Report fairly presents, in all material
      respects, the financial condition and results of operations of the
      Company.








Date: March
22, 2010





By:        /s/
Cameron Robb


Cameron
Robb


President and Chief
Executive Officer
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 Proguard Acquisition Corp.
(the "Company") on Form 10-Q for the quarter ended March 31, 2011 as
filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Allerton Towne, 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:
            (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.

/s/Allerton Towne
-----------------------------
Allerton Towne
Chief Executive Officer

May 12, 2011


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 Proguard Acquisition Corp.
(the "Company") on Form 10-Q for the quarter ended March 31, 2011, as
filed with the Securities and Exchange Commission on the date hereof
(the "Report"), I, Norman Becker, Chief Financial 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 result of
operations of the Company.

/s/Norman Becker
-----------------------------
Norman Becker
Chief Financial Officer

May 12, 2011
UNPUBLISHED

UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT

No. 03-6313

WILLIAM A. HARRIS, JR.,

Plaintiff - Appellant,

versus

COMMONWEALTH OF VIRGINIA; DEPARTMENT OF

CORRECTIONS; PROBATION AND PAROLE, District

24; SALLIE OVERTON AMOS, Parole Officer; JAMES

REYNOLDS, III, Chief Parole Officer,

Defendants - Appellees.

Appeal from the United States District Court for the Eastern

District of Virginia, at Alexandria. Gerald Bruce Lee, District

Judge. (CA-02-1759-AM)

Submitted: June 12, 2003 Decided: June 17, 2003

Before WIDENER, LUTTIG, and SHEDD, Circuit Judges.

Affirmed by unpublished per curiam opinion.

William A. Harris, Jr., Appellant Pro Se.

Unpublished opinions are not binding precedent in this circuit.

See Local Rule 36(c).
2

PER CURIAM:

William A. Harris, Jr., appeals the district court’s order

denying relief on his 42 U.S.C. § 1983 (2000) complaint. We have

reviewed the record and find no reversible error. Accordingly, we

affirm for the reasons stated by the district court. See Harris v.

Virginia, No. CA-02-1759-AM (E.D. Va. Jan. 6, 2003). 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
EX PARTE Bryan Douglas CANNON

CR-16-0882

Court of Criminal Appeals of Alabama.

November 28, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Reh. denied.
John RICE v. Richelle Webster RICE

2160574

Court of Civil Appeals of Alabama.

November 3, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Reh. denied.
#### H. C. Baldwin et al., *Appellants,*v. R. G. Brewster et al., *Appellees.*

Division B.

Decision Filed November 14, 1927.

*H. F. Mohr,*for Appellants;

W. *B. Crawford,*for Appellees.

Per Curiam.

This cause having heretofore been submitted to the Court upon the transcript of the record of the order herein, and briefs and argument of counsel for the respective parties, and the record having been seen and inspected, and the Court being how advised of its judgment to be given in the premises, it seems to the Court that there is no error in the said order; it is, therefore, considered, ordered and adjudged by the Court that the said orders of the Circuit Court be, and the same are hereby affirmed.

Whitfield, P. J., and Terrell and Buford, J. J., concur.
Exhibit 10.5
 AIRCRAFT COST SHARING AGREEMENT  (Part 125 Operations)
   Interface Operations, LLC
   Las Vegas Sands Corp.




---



##### 



AIRCRAFT COST SHARING AGREEMENT  (Part 125 Operations)
 Aircraft Cost Sharing Agreement
  Sharing of the Aircraft
 Term
 Delivery to Recipient
 Fee
        -2-




---



##### 



Return to Base
 Use of Aircraft
     -3-




---



##### 



-4-




---



##### 



Pilots
 Operation and Maintenance Responsibilities of Provider
 Liens
 Taxes
  -5-




---



##### 



Insurance
 Loss or Damage
  -6-




---



##### 



Cape Town Treaty Compliance
   -7-




---



##### 



Representations, Warranties and Agreements of Recipient
 Authorization
 Identification
 -8-




---



##### 



Representations, Warranties and Agreements of Provider
 Authorization
 FAA Registration
 Event of Default
    Providers Remedies
    -9-




---



##### 



General Provisions
 Headings
 Partial Invalidity
 Waiver
 Notices
 To Provider at:
    
    Interface Operations, LLC
300 First Avenue
Needham, Massachusetts 02494
Attn: Stephen J. OConnor
Fax:   (781) 449-6616
Tel.   (781) 449-6500To Recipient at:
    
    Las Vegas Sands Corp.
3355 Las Vegas Blvd. South
Las Vegas, Nevada 89109
Attn: General Counsel
Fax:   (702) 733-5088
Tel.:   (702) 733-5631
  Massachusetts Law
 -10-




---



##### 



Entire Agreement
 Amendment
 Binding Effect; Assignment
 Attorney Fees
 Remedies Not Exclusive
 No Third Party Rights
 Counterparts
 Expenses
 Broker/Finder Fees
 -11-




---



##### 



Relationship of the Parties
 Limitation of Damages
 Survival
  PROVIDER:
    
    RECIPIENT:INTERFACE OPERATIONS, LLC
    
    LAS VEGAS SANDS CORP.By:
    
    /s/ Sheldon G. Adelson
    
    By:
    
    /s/ Michael A. LevenPrint:
    
    Sheldon G. Adelson
    
    
    
    Print:
    
    Michael A. LevenTitle:
    
    Manager & President
    
    
    
    Title:
    
    President & Chief Operating Officer
  -12-




---



##### 



Schedule A
 (1)
    
    Boeing B767-3P6 aircraft bearing U.S. registration number N804MS and manufacturers serial
number 27255
 -13-
Barry Lee JONES v. STATE

CR-16-0587

Court of Criminal Appeals of Alabama.

October 6, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Affirmed.
Case 1:03-cv-00031-C Document 38 Filed 04/03/03 Page 1 of 6 PageID 162
Case 1:03-cv-00031-C Document 38 Filed 04/03/03 Page 2 of 6 PageID 163
Case 1:03-cv-00031-C Document 38 Filed 04/03/03 Page 3 of 6 PageID 164
Case 1:03-cv-00031-C Document 38 Filed 04/03/03 Page 4 of 6 PageID 165
Case 1:03-cv-00031-C Document 38 Filed 04/03/03 Page 5 of 6 PageID 166
Case 1:03-cv-00031-C Document 38 Filed 04/03/03 Page 6 of 6 PageID 167
<PAGE>

EXHIBIT 21


Subsidiaries of Registrant


The following subsidiaries are direct or indirect subsidiaries of the Company:


VBI Inc., a Delaware corporation
Golf Card International Corp., a Delaware corporation
Camp Coast to Coast, Inc., a Delaware corporation
Coast Marketing Group, Inc., a Delaware corporation
Golf Card Resort Services, Inc., a Delaware corporation
TL Enterprises, Inc., a Delaware corporation
Golf Card Holding Corporation, a Delaware corporation
GSS Enterprises, Inc., a Delaware corporation
FEDCOR, Inc., a Delaware corporation (formerly National Association for Female
Executives, Inc.)
Woodall Publications Corporation, a Delaware corporation
AGI Properties of Colorado, Inc., a Delaware corporation
Affinity Bank, a California corporation
Affinity Group Thrift Holding Corporation, a Delaware corporation
Affinity Road and Travel Club, Inc., a Delaware corporation
Affinity Brokerage, Inc., a Delaware corporation
ART Holding Corp., a Delaware corporation
Camping Realty, Inc., a Kentucky corporation
Camping World, Inc., a Kentucky corporation
Camping World Insurance Services of Nevada, Inc., a Nevada corporation
CWI, Inc., a Kentucky corporation
CW Michigan, Inc., a Delaware corporation
CW Texas, LP, a Minnesota limited partnership
Ehlert Publishing Group, Inc., a Minnesota corporation
Exposition Group, Inc., a Minnesota corporation
AGI Real Estate Holding, Inc., a Delaware corporation


                                       71
IN THE SUPREME COURT OF PENNSYLVANIA

MIDDLE DISTRICT

COMMONWEALTH OF PENNSYLVANIA,

Respondent

v.

AMAVILES MARTINEZ, JR.,

Petitioner

:

:

:

:

:

:

:

:

:

:

:

No. 572 MAL 2018

Petition for Allowance of Appeal from 

the Order of the Superior Court

ORDER

PER CURIAM

AND NOW, this 13th day of February, 2019, the Petition for Allowance of Appeal

is DENIED.
EX PARTE Amos NEWSOME

CR-16-0153

Court of Criminal Appeals of Alabama.

December 6, 2017

**DECISION WITHOUT PUBLISHED OPINION**

Mand. pet. denied.