alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
# M8422.doc.docx

EUROPEAN COMMISSION Brussels, 1.8.2017 C(2017) 5539 final PUBLIC VERSION To the notifying parties: Subject : Case M. 8422 – CHEMCHINA / AKC / JVs Commission decision pursuant to Article 6(1)(b) of Council Regulation (EC) No 139/2004 1 and Article 57 of the Agreement on the European Economic Area 2 Dear Sir or Madam, 1. On 6 July 2017 , the European Commission received notification of a proposed concentration pursuant to Article 4 of the Merger Regulation by which the undertakings China National Bluestar Group Co. Ltd (‘ Bluestar Group’, China), belonging to China National Chemical Corporation (‘ ChemChina ’, China), and Asahi Kasei Corporation (‘AKC’, Japan) acquire within the meaning of Article 3(1)(b) of the Merger Regulation joint control of two newly created compan ies constituting a joint venture (the ‘JV s ’) by way of purchase of shares and contribution of assets . 3 2. The business activities of the undertakings concerned are: - for ChemChina : production of a wide range of chemical products, globally; - for AKC : production of fibres, chemical products, electronics materials, pharmaceutical products, medical devices, and housing, globally; 3. The two joint ventures will be active , respectively , in the research, development and production, and in the marketing and sale of a number of chemical products in China. 4. After examination of the notification, the European Commission has concluded that the notified operation falls within the scope of the Merger Regulation and of paragraph 5 ( a ) of the Commission Notice on a simplified procedure for treatment of certain concentrations under Council Regulation (EC) No 139/2004 . 4 5. For the reasons set out in the Notice on a simplified procedure, the European Commission has decided not to oppose the notified operation and to declare it compatible with the internal market and with the EEA Agreement. This decision is adopted in application of Article 6(1 )( b) of the Merger Regulation and Article 57 of the EEA Agreement . For the Commission (Signed)
Johannes LAITENBERGER Director - General
(1)
OJ L 24, 29.1.2004, p. 1 ( the ' Merger Regulation ' ). With effect from 1 December 2009, the Treaty on the Functioning of the European Union ( ' TFEU ' ) has introduced certain changes, such as the replacement of ' Community ' by ' Union ' and ' common market ' by ' internal market ' . The terminology of the TFEU will be used throughout this decision.
(2) OJ L 1, 3.1.1994, p. 3 ( the ' EEA Agreement ' ).
(3) Publication in the Official Journal of the European Union No C 226, 14.07.2017 , p. 18 .
(4)
OJ C 366, 14.12.2013, p. 5 .
<PAGE>
                                                                   EXHIBIT 10.13

                                 FIRST AMENDMENT
                                     TO THE
                                CHOICEPOINT INC.
                           2003 OMNIBUS INCENTIVE PLAN


         THIS AMENDMENT is made this 2nd day of February, 2004, by
CHOICEPOINT INC., a Georgia corporation (the "Company"), to the CHOICEPOINT INC.
2003 OMNIBUS INCENTIVE PLAN (the "Plan").

         WHEREAS, the Company has previously adopted the Plan, and pursuant to
Section 25 thereof, has authorized the Management Compensation and Benefits
Committee of the Company's Board of Directors (the "Committee") to amend the
Plan; and,

         WHEREAS, the Committee deems it desirable to amend the Plan as
reflected below; NOW, THEREFORE, the Plan is hereby amended as follows:

                                       1.

         Section 2 of the Plan is hereby amended by adding the following
sentence at the end of the definition of "Participant" contained in said
section:

                  "This definition may only be expanded with the approval of the
                  shareholders of the Corporation."

                                       2.

         Section 3 of the Plan is hereby amended by adding the following
sentence at the end of subsection (a) of said section:

                  "Subject to the adjustments provided for in Section 13 below,
                  the number of Common Shares which may be issued or transferred
                  to Participants pursuant to the first sentence of this
                  subsection (a) may only be increased with the approval of the
                  shareholders of the Corporation."



<PAGE>

                                       3.

         Section 15 of the Plan is hereby amended by adding the following phrase
at the end of the final sentence thereof:

                  "; provided, however, that any such action by the Committee
                  with respect to the restriction period otherwise applicable to
                  Option Rights will only be effective after approval of the
                  Board in each case."

                                       4.

         The remaining provisions of the Plan are hereby ratified and confirmed.

         IN WITNESS WHEREOF, the Company has executed this First Amendment as
directed by the Committee, effective the date first above noted.

                                         CHOICEPOINT INC.



                                         By:  /s/ John H. Karr
                                         ---------------------------------------
                                         Title:  V. P. Compensation
                                               ---------------------------------


                                       2
EX PARTE R.A.H.

CR-16-1138

Court of Criminal Appeals of Alabama.

January 16, 2018

**DECISION WITHOUT PUBLISHED OPINION**

Mand. pet. denied.
J.S., the father, Appellant, v. FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES and the Guardian Ad Litem Program, Appellees.

No. 4D18-3493

District Court of Appeal of Florida, Fourth District.

[May 23, 2019]

**DECISION WITHOUT PUBLISHED OPINION**

*Affirmed.*
Exhibit 32.2

SECTION 1350 CERTIFICATION

I, Nicolas V. Chater, Chief Financial Officer of Tri-S Security Corporation (the
Company), do hereby certify in accordance with 18 U.S.C. §1350, as adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that, to my knowledge:



| | 1. | The Quarterly Report on Form 10-Q/A of the Company for the period ended September 30, 2008 (the Periodic Report) fully complies with the requirements of section
13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§78m or 78o(d)); and
| | -- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------



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

Dated: April 14, 2009



/s/ Nicolas V. ChaterNicolas V. ChaterChief Financial Officer
BLACK POINT ASSETS, INC., AS TRUSTEE OF the 12264 BLACK WALNUT COURT LAND TRUST and Star Pointe Capital, LLC, as Trustee of the 12264BWC Land Trust, Petitioners, v. FREEDOM MORTGAGE CORPORATION, Robert Woodson, Jr., and the Villages of Northwood Homeowners Association, Inc., Respondents.

No. 1D18-5274

District Court of Appeal of Florida, First District.

June 7, 2019

Shawn G. Brown of Kaye Bender Rembaum, P.L., Tampa, for Petitioners.

Robert R. Edwards, Choice Legal Group, P.A., Fort Lauderdale, for Respondent Freedom Mortgage Corporation.

No appearance for other Respondents.

Per Curiam.

Petitioners failed to establish that the order requiring Respondent Robert Woodson, Jr., to make rental payments into the court registry will result in material injury to petitioners that cannot be remedied on appeal. Accordingly, the petition for writ of certiorari is dismissed for lack of jurisdiction.

DISMISSED .

Wolf, Wetherell, and Makar, JJ., concur.
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Case No. 17-CV-00220-LHK 

ORDER RE SAMSUNG’S MOTION TO SEAL

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United States District Court

Northern District of California

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

FEDERAL TRADE COMMISSION,

Plaintiff,

v.

QUALCOMM INCORPORATED,

Defendant.

Case No. 17-CV-00220-LHK 

ORDER RE SAMSUNG’S MOTION TO 

SEAL

Re: Dkt. 1112

The Ninth Circuit has held, and this Court has previously ruled, that “pricing terms, royalty 

rates, and guaranteed minimum payment terms” of patent licensing agreements plainly constitute 

trade secrets, and are thus sealable. In re Elec. Arts, Inc., 298 F. App’x 568, 569 (9th Cir. 2008). 

If Samsung seeks to seal more than this limited information, Samsung’s motion to seal will be 

overly broad and will be denied. 

IT IS SO ORDERED.

Dated: January 4, 2019

______________________________________

LUCY H. KOH

United States District Judge

Case 5:17-cv-00220-LHK Document 1123 Filed 01/04/19 Page 1 of 1
# U n i te d S t a te s C o u r t o f A ppe a l s F OR T HE D IS TRICT OF C OLUM BIA C IRCUI T

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## No. 23-5040 September Term, 2022 1: 22-c v -037 53-UNA Filed O n: June 16 , 20 23
Lore tta Jean Alford,

App ellant
v . Jef f rey Ko ses, Ch airma n, Co mm ittee for Purcha se/A bility One , etal.,

App ellees

ON A PP EALF R OM TH E U N ITED STA TES D ISTR IC T C OU RT F OR TH E D ISTR IC T OF C OL U MB IA BEFORE: Mill ett and Pillard, Circuit Ju dges, a nd Sen telle, Sen ior Circuit

Judge J U D G M E N T Thi s ap pe al w as co nsid ered on the reco rd f ro m the U nite d S tates D istrict C ou rt for the D istrict of Co lumbi a a nd the b rie f f ile d b y ap pe lla nt. Se e F ed . R. A pp . P. 34 (a )(2 ); D .C . Ci r. R ule 34 (j). It is OR D ER ED A N D A D JU D GE D that the distri ct cour t’s F eb ru ar

y 7, 20 23 , ord er

be aff irmed . The d istrict cou rt pro pe rly dismissed ap pe lla nt’s ca se w itho ut preju dice for fail ure to co mply

w ith F ed eral R ule of C iv il P ro ced ure 8 (a ). Ap pe lla nt’s co mplai nt di d no t set for

th “a sho rt an d p lai n state ment of t heclaim sho w ing that the ple ad er is en titled to re lie f ,” w hich is req uired in o rd er to “g iv e the de fen da nt fair no tice o f

w ha t the clai m is an d the gro un ds u po n w hich it rests.” Jon es v . Kirch ne r, 83 5 F .3d 74 , 79 ( D .C

. C ir. 20 16 ) (citin g B ell Atla ntic C or p. v . Tw ombly , 550 U .S. 54 4, 55 5 (2 00 7) ). Pu rsu an t to D .C . Ci rcu it R ule 36 , this disp ositio n w ill n ot bepu bli she d. The C ler k is directe d to w ithh old issua nceof the m an da te he re in u ntil se v en da ys aft er reso lutio n

# U n i te d S t a te s C o u r t o f A ppe a l s F OR T HE D IS TRICT OF C OLUM BIA C IRCUI T

___ ___ ___ ___ 

## No. 23-5040 September Term, 2022 of any tim ely pe tition for

reh ea rin g o r pe tition for reh ea rin g e n b an c. SeeF ed . R. A pp . P. 41 (b ); D .C . Ci r. R ule 41

. Pe r C u riam
FOR THE COURT: Mark J. La nger, Clerk BY: /s/ Daniel J. Reidy Depu ty Cl erk

Page 2
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EXHIBIT 31.2 CERTIFICATION  I, David R. Malmstedt, Chief Executive Officer of Vincera, Inc. (Principal Financial Officer), certify that: 1. I have reviewed this quarterly report on Form 10-QSB of Vincera, Inc.; 2. Based on my knowledge, this report does not contain any untrue statement of material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report; 3. Based on my knowledge, the financial statements, and other financial information included in this report, fairly present in all material respects the financial condition, results of operations and cash flows of the small business issuer as of, and for, the periods presented in this report; 4. The small business issuers other certifying officer(s) and I are responsible for establishing and maintaining disclosure controls and procedures (as defined in Exchange Act Rules 13a-15(e) and 15d-15(e)) for the small business issuer and have: a. designed such disclosure controls and procedures, or caused such disclosure controls and procedures to be designed under our supervision, to ensure that material information relating to the small business issuer, including its consolidated subsidiaries, is made known to us by others within those entities, particularly during the period in which this report is being prepared; b. [paragraph omitted in accordance with SEC transition instruction contained in SEC Release 34-47986] c. evaluated the effectiveness of the small business issuers disclosure controls and procedures and presented in this report our conclusions about the effectiveness of the disclosure controls and procedures, as of the end of the period covered by this report based on such evaluation; and  d. disclosed in this report any change in the small business issuers internal control over financial reporting that occurred during the small business issuers most recent fiscal quarter (the small business issuers fourth fiscal quarter in the case of an annual report) that has materially affected, or is reasonably likely to materially affect, the small business issuers internal control over financial reporting; and 5. The small business issuers other certifying officer(s) and I have disclosed, based on our most recent evaluation of internal control over financial reporting, to the registrants auditors and the audit committee of the small business issuers board of directors (or persons performing the equivalent functions): a. all significant deficiencies and material weaknesses in the design or operation of internal control over financial reporting which are reasonably likely to adversely affect the small business issuers ability to record, process, summarize and report financial information; and b. any fraud, whether or not material, that involves management or other employees who have a significant role in the small business issuers internal control over financial reporting. Date:  August 14, 2007  /s/ David R. Malmstedt Name: David R. Malmstedt Title: Chief Financial Officer (Principal Financial Officer)   1
Kenneth READUS, Appellant v. STATE of Mississippi, Appellee

NO. 2018-CA-00008-COA

Court of Appeals of Mississippi.

November 13, 2018

ATTORNEY FOR APPELLANT: KENNETH READUS (PRO SE)

ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY: SCOTT STUART, JACKSON

BEFORE GRIFFIS, P.J., WILSON AND WESTBROOKS, JJ.

WILSON, J., FOR THE COURT:

¶ 1. Following a jury trial in the Madison County Circuit Court, Kenneth Readus was convicted of murder and aggravated assault and sentenced to life imprisonment and twenty years to run concurrently. His conviction and sentence were affirmed on appeal. *Readus v. State* , 997 So.2d 941 (Miss. Ct. App. 2008), *cert. denied* , 999 So.2d 852 (Miss. 2009).

¶ 2. Readus later filed an application in the Mississippi Supreme Court for leave to file a motion for post-conviction relief. The Supreme Court denied his application. *See**Readus v. State* , No. 2010-M-01047 (Miss. July 21, 2010).

¶ 3. Seven years later, Readus filed an "Out of Time Appeal" in the Mississippi Supreme Court. He attached a "Motion for Correction of Sentence," which he proposed to file in the circuit court. The Court treated the filing as an application for leave to proceed in the circuit court. The Court denied the application as without *589merit, barred by the statute of limitations, and barred as a successive application. *Readus v. State* , No. 2017-M-01545 (Miss. Feb. 21, 2018) (citing Miss. Code Ann. §§ 99-39-5(2) & 99-39-27(9) (Rev. 2015) ).

¶ 4. Six days after he filed his "Out of Time Appeal" in the Supreme Court, Readus filed a "Motion for Correction of Sentence" in the circuit court. This was the same document that Readus had submitted to the Supreme Court, but the Supreme Court had not ruled on his application for leave. (And, as noted above, the Supreme Court later denied his application.) Readus's motion alleged ineffective assistance of counsel and an illegal sentence.1 The circuit court dismissed the motion because the Supreme Court had not granted Readus permission to file it. *See*Miss. Code Ann. § 99-39-7 (Rev. 2015). Readus appealed.

¶ 5. We affirm. When a prisoner's conviction and sentence have been affirmed on direct appeal, he may not file a motion for post-conviction relief in the circuit court without first obtaining permission from the Mississippi Supreme Court. *Id.* In such a case, the circuit court lacks jurisdiction to consider the motion for post-conviction relief. *Jones v. State* , 64 So.3d 478, 479-80 (¶ 4) (Miss. 2011). Accordingly, the circuit court correctly dismissed Readus's motion.

¶ 6. **AFFIRMED.**

LEE, C.J., IRVING AND GRIFFIS, P.JJ., BARNES, CARLTON, FAIR, GREENLEE, WESTBROOKS AND TINDELL, JJ., CONCUR.

1

Readus seems to allege that his sentence is illegal under *Parker v. State* , 30 So.3d 1222, 1227-28 (¶¶ 15-18) (Miss. 2010) (holding that a defendant convicted of murder should be sentenced to "life imprisonment," not "life imprisonment without parole"). However, Readus was sentenced to life imprisonment for murder, which is consistent with *Parker* .
CERTIFICATION OF
CHIEF EXECUTIVE OFFICER AND CHIEF FINANCIAL OFFICER
PURSUANT TO
18 U.S.C. SECTION 1350,
AS ADOPTED PURSUANT TO
SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

I, Derek Ward, the President, Secretary, Treasurer, Chief Executive Officer and Chief Financial Officer of mpirical Ventures, Inc. (the Company), hereby 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:

| | (i)  | the Quarterly Report on Form 10-QSB of the Company, for the quarter  ended December 31, 2007, and to which this certification is attached as Exhibit 32 (the Report) fully complies with the requirements of Section 13(a) or 15(d) of the Securities Exchange Act of 1934, as amended; and
| | ---- | ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
| |      |                                                                                                                                                                                                                                                                                              
| | (ii) | the information contained in the Report fairly presents, in all material respects, the financial condition and results of operations of the Company.                                                                                                                                         



| | By:    | /s/Derek Ward                    
| | ------ | ---------------------------------
| |        |                                  
| | Name:  | Derek Ward                       
| |        |                                  
| | Title: | Chief Executive Officer and Chief
| |        | Financial Officer                
| |        |                                  
| | Date:  | March 17, 2008                   

A signed original of this written statement required by Section 906 of the Sarbanes-Oxley Act of 2002 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.

This certification accompanies the Form 10-QSB to which it relates, is not deemed filed with the Securities and Exchange Commission and is not to be incorporated by reference into any filing of the Company under the Securities Act of 1933 or the Securities Exchange Act of 1934 (whether made before or after the date of the Form 10-QSB), irrespective of any general incorporation language contained in such filing.
Exhibit 32.1

In connection with the Quarterly Report of Ardent Acquisition Corporation (the Company) on Form 10-QSB for the period ending June 30, 2006 (the Report), as filed with the Securities and Exchange
Commission on the date hereof, I Barry J. Gordon, Chairman of the Board and Chief Executive Officer of the Company, certify pursuant to 18 U.S.C. Sec. 1350, as adopted pursuant to Sec. 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, as amended; and

2.           The information contained in the Report fairly presents, in all material respects, the financial condition and result of operations of the Company.

|By: /s/ Barry J. Gordon                            |  | Dated: August 14, 2006
|-------------------------------------------------- |  | ----------------------
|Barry J. Gordon                                    |  |                       
|Chairman
 of the Board and Chief Executive Officer |  |                       
|(Principal
 Executive Officer)                     |  |                       

---